ATTACHMENT 1 -SCHEDULE - U.S. Agency for … 1 -SCHEDULE 5 1.5 REPORTING REQUIREMENTS (a) Financial...

ATTACHMENT 1 - SCHEDULE

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A. GENERAL1. Appropriation: 728/91021-902. Amount Obligated this Action: $2,500,0003. Total Estimated USAID Amount: $6,000,000.004. Total Obligated USAID Amount: $2,500,0005. Cost-Sharing Amount (Non-Federal): $5,806,000.006. Activity Title: Building Livelihoods and Trade7. USAID Technical Office: USAID/ANE/Afghanistan-OPPD8. Tax I.D. Number: 75-32569039. DUNS No.: 34959070810. LOC Number: N/AB. SPECIFICFor Mission Actions:1. Budget Plan Code: DV/2008/20092. MAARD No.: 306-MAARD-900243. Strategic Objective No.: SO-306-005/A4/A15/A063C. PAYMENT OFFICEControllerOffice of Financial ManagementUSAID-Afghanistan6180 Kabul PlaceDulles, VA 20189-6180

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1.1 PURPOSE OF AWARD

The purpose of this Award is to provide support for the program described in Attachment 2 of this Awardentitled "Program Description."

1.2 PERIOD OF AWARD

(a) The effective date of this Award is the date of the cover letter, and the estimated completion date is 11/01/2011.

(b) Subject to the terms and conditions of this Award, allowable costs incurred by theRecipient shall be reimbursable during the period beginning on 11/02/2008 and ending on the estimatedcompletion date.

(c) As indicated in Section 1.3(b) below, this Award is incrementally funded. The obligated amount set forth in Section 1.3(b) below is anticipated to be sufficient through approximately 09/01/2009.The Recipient is authorized to continue expending obligated funds, if available, beyond that date, but notafter the estimated completion date set forth in Section 1.2(a) above.

1.3 AMOUNT OF AWARD AND PAYMENT

(a) The total estimated amount of this Award for its full period, as set forth in Section 1.2(b) above, is $6,000,000.00.

(b) The amount of $2,500,000 is obligated for the purposes of this Award. USAID is not required to reimburse the Recipient for any costs in excess of this amount, nor is the Recipient required to continue performance or incur costs in excess of this amount (including actions/costs under the termination and suspension provisions of the Standard Provision set forth in Attachment 3 of this Award entitled “Termination and Suspension”). If, pursuant to paragraph (b)(3) of the Standard Provision entitled “Revision of Award Budget,” the Recipient requests additional USAID funding and USAID determines not to provide such additional funding, the Agreement Officer will, upon written request of the Recipient, terminate this Award pursuant to paragraph (b) of the Standard Provision entitled“Termination and Suspension.”

(c) Payment shall be made to the Recipient via periodic advance payments in accordance with the procedures described in Section 1.5(a) below and the Standard Provision set forth in Attachment 3 of this Award entitled “Payment – Advance.”

(d) Until such time as the obligated amount shall equal the total estimated amount of this Award, additional increments of funds may be obligated by USAID through a unilateral modification to this Award, subject to availability of funds, successful performance by the Recipient, possible evaluation of the program, program priorities at the time, and the requirements of the Standard Provision entitled“Revision of Award Budget.”


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1.5 REPORTING REQUIREMENTS

(a) Financial Reporting(1) Reporting of Expenditures

(A) Financial reporting requirements shall be in accordance with the Standard Provision set forth in Attachment 3 of this Award entitled “Payment – Advance Either paper copies or electronic copies (scanned PDF document) may be submitted, but not both

(B) Financial reports shall be submitted to the payment office indicated in Section 1.12 below. In addition, one copy shall be submitted to the CTO.

(i) SF-270, “Request for Advance or Reimbursement” shall be used to request advance payments of estimated expenditures (the form shall be marked to indicate that it is a request for advance) and, in accordance with the aforementioned Standard Provision, shall be submitted monthly; and (ii) SF-269, “Financial Status Report” shall be used to report actual expenditures and liquidate the advances, and, with the exception of the final financial report, shall be submitted not later than 30 days after the end of each calendar quarter. The final financial report shall be submitted not later than 90 days after the estimated completion date of this Award.

(C) These forms and their instructions are available on the internet at:http://www.whitehouse.gov/OMB/grants/grants_forms.html.

(D) If the Recipient is unable to obtain these forms via the internet, forms will be made available by the CTO.

(2) Reporting of Foreign Taxes. The Recipient shall comply with the Standard Provision set forth in Attachment 3 of this Award entitled “Reporting of Foreign Taxes.”(b) Programmatic Reporting(1) General Requirements

(A) The Recipient shall comply with the Standard Provisions set forth in Attachment 3 of this Award entitled “Publications and Media Releases” and “Marking under USAIDFunded Assistance Instruments.” All reports shall be in English.(2) Program Planning Reports

(A) Annual Work-Plans(i) Not later than 60 days from the effective date of this Award, the Recipient shall submit three copies to the CTO of a draft annual work-plan, covering the first year of this Award. Electronic submission is preferred over hard-copy. The work-plan shall be delineated by the reporting periods described in Section 1.5(b)(3)(B) below. The work-plan shall include the activities planned to be conducted, the site(s) where they will be conducted, benchmarks/milestones and annual performance targets; the outputs/outcomes which the Recipient expects to achieve; and the inputs planned to be provided by the Recipient, during the work-plan period. Included shall be an explanation of how those inputs are expected to achieve the outputs/outcomes and benchmarks/milestones. The work-plan shall also consider whether boys and girls or women and men are involved or affected differently by the context or work to be undertaken, and, if so, whether the difference is potentially significant for managing toward sustainable program impact. The Recipient shall describe and use appropriate gender-sensitive methodologies and shall maintain gender-integration and -balance in all activities, targeting women and girls when necessary to achieve that balance. The CTO shall review the draft annual work-plan, and shall provide comments within 30 days


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from receipt. Thereafter, the Recipient shall submit three copies of the final work-plan within 15 days of receipt of the CTO’s comments to the CTO for approval (see Section 1.15 below).

(ii) Not later than 60 days prior to the beginning of each subsequent year, the Recipient shall submit three copies to the CTO of draft annual work-plans for each subsequent year. Electronic submission is preferred over hard-copy. The work-plan shall be delineated by the reporting periods described in Section 1.5(b)(3)(B) below. The work-plans shall include the activities planned to be conducted, the site(s) where they will be conducted, and benchmarks/milestones; the outputs/outcomes which the Recipient expects to achieve; and the inputs planned to be provided by the Recipient, during the work-plan period. Included shall be an explanation of how those inputs are expected to achieve the outputs/outcomes and benchmarks/milestones. The work-plans will also include the Recipient's planned international travel, as described in paragraph (a)(1) of the Standard Provision set forth in Attachment 3 of this Award entitled "International Air Travel and Transportation." The CTO shall review the draft annual work-plan, and shall provide comments within 30 days from receipt. Thereafter, the Recipient shall submit three copies of the final work-plan within 15 days of receipt of the CTO’s comments to the CTO for approval (see Section 1.15 below).

(iii) The work-plan will describe activities to be conducted at a greater level of detail than Attachment 2 (Program Description) of this Award, but shall be cross-referenced with the applicable sections in the Program Description. All work-plan activities must be within the scope and objectives of this Award. Work-plans shall not change such scope and objectives or any other terms and conditions of this Award in any way; such changes may only be approved by the Agreement Officer, in advance and in writing. Thereafter, if there are inconsistencies between the workplan and the Program Description or other terms and conditions of this Award, the latter will take precedence over the work-plan.

(iv) If, at any time, it becomes necessary to revise the approved work-plan, the Recipient shall submit proposed changes to the CTO and the procedures described above

shall apply. All work-plans, including significant revisions thereto, must be approved by the CTO (seeSection 1.15 below). If the revised work-plan is approved, the Recipient shall submit a revised M&E plan(see Section 1.5[b][2][B] below), as necessary, for approval by the CTO.

(B) Monitoring and Evaluation (M&E) Plan

(i) Not later than 60 days from the effective date of this Award, the Recipient shall submit three copies to the CTO of a draft M&E plan. Electronic submission is preferred over hard-copy. The M&E plan shall include a detailed plan for managing the collection of data in order to monitor performance and report thereon. The M&E plan shall specify the source, method of collection, and schedule of collection for each datum required; and assign responsibility for collection to a specific partner, team, or individual. The M&E plan shall also describe critical assumptions. Also included must be performance baseline data which describe the prevailing conditions of a beneficiary population and/or the situation at the onset of the program, the magnitude of the problem and/or the needs that the Recipient’s program will address, performance indicators (including appropriate rationale and justification therefor), and numerical performance targets delineated by the U.S. Government’s fiscal year (i.e., October 1st – September 30th) or part thereof. If disaggregated data are required, the M&E plan must be capable of accomplishing this. If disaggregated data are not feasible, the M&E plan (including performance indicators) must assess impact on disaggregated populations indirectly. The CTO will provide comments within 30 days, and the Recipient shall then submit three copies of the final M&E plan within 15 days of receipt of the CTO’s comments to the CTO for approval (see Section 1.15 below). The M&E plan must be approved by the CTO.


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(ii) If, at any time, it becomes necessary to revise the approved M&E plan, the Recipient shall submit proposed changes to the CTO and the procedures described above shall apply. If the M&E plan is revised, the Recipient shall submit a revised work-plan (see Section 1.5[b][2][A] above), as necessary, for approval by the CTO.

(3) Performance Monitoring Reports

(A) Notifications The Recipient shall submit one copy to the CTO and one copy to the Agreement Officer of notifications (in writing), as follows:

(i) Developments which have a significant impact on the activities supported by this Award; and

(ii) Problems, delays, or adverse conditions which materially impair the ability to meet the objectives of this Award. This notification shall include a statement of the action taken or contemplated, and any assistance needed to resolve the problem.

(B) Quarterly Program Performance Reports

(i) The Recipient shall submit one copy of a concise and brief (not to exceed 5 pages) quarterly program performance report to the CTO and one copy to the Agreement Officer. Electronic submissions are preferred over hard-copy.

(ii) Reporting periods are calendar quarters.

(iii)The due-date for these program performance reports is not later than 30 days after the end of each reporting period. However, if the reporting period ends before 45 days from the effective date of this Award, or less than 30 days from the estimated completion date of this Award and this Award is not being extended, no submission shall be required. All other reporting requirements shall, however, apply.

(iv) At a minimum, these reports shall include the following:! A comparison of actual accomplishments, both for the reporting period and cumulatively, with the established goals and objectives, and expected results; the findings of the investigator; or both. Data (both qualitative and quantitative) must be presented using established baseline data and indicators, and be supported by a brief narrative. Whenever appropriate and the output of programs or projects can be readily quantified, such quantitative data should be related to cost data for computation of unit costs;! Reasons why established goals were not met (if applicable), the impact on the program objective(s), and how the impact has been/will be addressed; and ! Other pertinent information including, when appropriate, success stories (if available) which illustrate the direct positive effects of the program; how unforeseen circumstances affected overall performance compared to original assumptions (if applicable), how activities were accordingly adjusted or re-targeted; and analysis and explanation of cost overruns or high unit costs.

(4) Annual and/or Final Results Report

(A) The Recipient shall submit one copy of an annual and/or final results report to the CTO (and one copy to the Agreement Officer. Electronic submissions are preferred over hard-copy. These results reports shall cover the period October 1st through September 30th of each year, or parts thereof. If this Award expires during the reporting period, the Recipient shall submit a final report not later than 90 days after the estimated completion date. Otherwise, the Recipient shall submit an annual report not later than December 31st. These annual and final results reports shall emphasize quantitative as well as qualitative


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data that reflect results, shall measure impact using the baseline data and indicators established for the program, and shall, at a minimum, include the following:

(i) Number of beneficiaries targeted during the reportingperiod;

(ii) Number of beneficiaries reached during the reportingperiod;

(iii) Cumulative number of beneficiaries targeted to date;

(iv) Cumulative number of beneficiaries reached to date;

(v) Total numbers of beneficiaries targeted and reached to date;

(vi) A description of assessments and surveillance data used to measure results;

(vii) Success stories and an explanation of successes achieved, constraints encountered, and adjustments made for achieving program objectives;

(viii) A discussion of the overall performance of the program, including details of any discrepancies between expected and actual results and any recommendations for improving the design of the program;

(ix) Overall cost effectiveness, with particular attention paid to cost savings and/or cost overruns, and other significant cost impacts such as major exchange rate fluctuations or other types of inflation shall be detailed;

(x) A comparison of actual accomplishments, both for the reporting period and cumulatively, with the established goals and objectives, and expected results; the findings of the investigator; or both. Data (both qualitative and quantitative) must be presented using established baseline data and indicators, and be supported by a brief narrative. Whenever appropriate and the output of programs or projects can be readily quantified, such quantitative data should be related to cost data for computation of unit costs;

(xi) Reasons why established goals/targets were not met (if applicable), the impact on the program objective(s), and how the impact has been/will be addressed; and (xii) Other pertinent information including, when appropriate, success stories (if available) which illustrate the direct positive effects of the program; how unforeseen circumstances affected overall performance compared to original assumptions (if applicable), how activities were accordingly adjusted or re-targeted; and analysis and explanation of cost overruns or high unit costs.

(B) In accordance with the Standard Provision set forth in Attachment 3 of this Award entitled “Publications and Media Releases,” the Recipient shall also submit one copy, in electronic (preferred) or paper form, of the annual and final Results Report to one of the following:

By E-Mail: [email protected] Mail: USAID Development Experience ClearinghouseAttn: Document Acquisitions8403 Colesville Road, Suite 210Silver Spring, MD 20910By Fax: (301) 588-7787On-Line: http://www.dec.org/index.cfm?fuseaction=docSubmit.home


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(C) In accordance with the aforesaid Standard Provision, each document submitted should include the following information: (1) descriptive title; (2) author(s) name; (3) award number; (4) sponsoring USAID office; (5) date of publication; and (6) software name and version (if electronic document is sent).(c) Property Reports The following are the reporting and notification requirements related to property financed and/or provided hereunder:

(1) Tangible Property

(A) Loss, Damage, or Theft Any loss, damage, or theft to property shall be investigated and fully documented, and the Recipient shall promptly notify the Agreement Officer and CTO.

(B) Final Property Inventory Report In accordance with paragraph (c) of the Standard Provision set forth in Attachment 3 of this Award entitled “Title To and Care of Property (Cooperating Country Title)” and Section 1.7 below, the Recipient shall submit one copy of a final property inventory report to the CTO and the Agreement Officer, covering all items of real property, equipment, materials and supplies under the Recipient's custody, title to which is in the cooperating country or public or private agency designated by the cooperating country, which have not been consumed in the performance of this Award. The Recipient shall also indicate what disposition has been made of such property. This report shall be submitted not later than 90 days from the estimated completion date of this Award.

(2) Intangible (Intellectual) Property

(A) Published and Other Written Work In accordance with paragraph (a) of the Standard Provision set forth in Attachment 3 of this Award entitled “Publications and Media Releases,” the Recipient shall provide the CTO with one copy of all published works developed under this Award, with lists of other written work produced under this Award. Any copyrighted work shall be so indicated as such.

(B) PatentsThe Recipient shall comply with the various reporting/notification requirements described in the StandardProvision set forth in Attachment 3 of this Award entitled “Patent Rights.”

(a) General

(1) ApplicabilityThis Section applies to the procurement of goods and services by the Recipient using USAID fundsprovided hereunder. It does not apply to sub-grants and sub-agreements in support of sub-recipients’programs, but does apply to procurement of goods and services by sub-recipients.

(2) NoncomplianceFailure of the Recipient to comply with the requirements set forth herein may result in disallowance ofcosts in accordance with the Standard Provision set forth in Attachment 3 of this Award entitled “Allowable Costs.”

(3) General Procurement RequirementsThe Recipient shall comply with the general procurement requirements prescribed in the StandardProvision set forth in Attachment 3 of this Award entitled “Procurement of Goods and Services.”

(4) Ineligible Goods and Services

In accordance with paragraph (a)(1) of the Standard Provision set forth in Attachment 3 of this Award


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entitled “USAID Eligibility Rules for Goods and Services,” military equipment, surveillance equipment,commodities and services for support of police or other law enforcement activities, abortion equipmentand services, luxury goods and gambling equipment, and weather modification equipment may not befinanced hereunder.

(5) Eligibility of Other CommoditiesExcept for restricted goods (for which special requirements apply, as described in paragraph [d] below),funds provided hereunder may only be used for commodities that are designated as “eligible” in theUSAID Commodity Eligibility Listing (http://www.usaid.gov/policy/ads/300/31251m.pdf), or for whichthe Agreement Officer may specifically provide prior written approval. To this end, commodities (otherthan ineligible goods which are discussed in paragraph [a][4] above, and restricted goods which aresubject to paragraph [d] below) which were included in the Recipient’s detailed budget (see Section 1.4above) are authorized for financing hereunder unless otherwise stated. To the extent that the USAIDEligibility Listing includes any special requirements applicable to the commodities included in theRecipient’s detailed budget, the Recipient shall comply with such special requirements unless otherwiseapproved in advance and in writing by the Agreement Officer.

(6) Ineligible SuppliersIn purchasing all goods and services with funds provided under this Award, the Recipient shall complywith the supplier eligibility requirements set forth in: (1) paragraph (a)(2) of the Standard Provisionentitled “USAID Eligibility Rules for Goods and Services;” (2) paragraph (a)(3)(vi) of the StandardProvision entitled “Procurement of Goods and Services;” and (3) the Standard Provision entitled“Implementation Of E.O. 13224 -- Executive Order On Terrorist Financing.”

(7) Source, Origin, and Componentry of Goods, and Nationality of Suppliers of Goods and ServicesAs indicated in paragraph (b) of the Standard Provision entitled “USAID Eligibility Rules for Goods andServices,” USAID’s rules on the source, origin, and componentry of commodities, and the nationality ofsuppliers of goods and services, are set forth in 22 CFR 228(http://www.access.gpo.gov/nara/cfr/waisidx_08/22cfr228_08.html), and apply to this Award. Asindicated therein, and except as may otherwise be approved in advance and in writing by the AgreementOfficer, all goods financed hereunder (other than restricted goods, which are subject to paragraph [d]below) must have their source and origin in the authorized geographic code set forth in paragraph (b)below, and all components must be from countries included in Geographic Code 935. As further indicated in 22 CFR 228, and except as may otherwise be approved in advance and in writing by the Agreement Officer, the suppliers of goods and services (other than commodity-related services, which are subject to paragraph [c] below) must be eligible under 22 CFR 228.14 and 22 CFR 228.30-39, respectively, and must have their nationality in a country included in the authorized geographic code set forth in paragraph (b) below. In no event may funds provided under this Award be used for any commodity whose source or origin is not included in Geographic Code 935 and/or which contains a component from a country that is not included in Geographic Code 935, nor may any supplier of goods and services have their nationality in a country not included in Geographic Code 935, unless the Agreement Officer provides specific prior written approval to the contrary. Geographic codes may be found at: http://www.usaid.gov/policy/ads/200/260mab.xls.

(b) Authorized Geographic Code for Non-Restricted Goods and Services (Other than Commodity-Related Services)In addition to local procurement authorized in accordance with the Standard Provision set forth inAttachment 3 of this Award entitled “Local Procurement,” the Authorized Geographic Code for goods(other than restricted goods, which are subject to paragraph [d] below) and services (other thancommodity-related services, which are subject to paragraph [c] below) shall be in accordance withparagraph (b)(1) of the Standard Provision entitled “USAID Eligibility Rules for Goods and Services”


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(regardless of the prescription for use set forth therein), i.e., Geographic Code 935 (Special Free World),subject to the Recipient’s compliance with the order of preference and file documentation requirementsdescribed therein.

(c) Commodity-Related Services

(1) Air Travel and TransportationFor both transportation of people and transportation of goods, the Recipient shall comply with theStandard Provision set forth in Attachment 3 of this Award entitled “International Air Travel andTransportation.” All air charters covering full or part cargo must be approved in advance and in writingby the Agreement Officer. This includes charter parties, booking notes, and booking agreements whenthose forms of freight contracts incorporate provisions which are in addition to, or which deviate from,the terms of the carrier's standard bill of lading and tariff. The cost of commodities will be ineligible forreimbursement under this Award if shipped under any air charter which has not received prior writtenapproval from the Agreement Officer.

(2) Ocean ShipmentsThe Recipient shall comply with the Standard Provision set forth in Attachment 3 of this Award entitled“Ocean Shipment of Goods.” The Agreement Officer must authorize, in advance and in writing, thepayment of any freight differential costs between using U-S.-flag vessels and using non-U.S.-flag vessels.All despatch earned at the port of unloading on cost, insurance, and freight (CIF) and cost and freight(C&R) shipments, and despatch earned at either the port of loading or unloading for free on board (FOB)or free alongside (FAS) shipments (to the extent that despatch exceeds demurrage incurred on the samevoyage) must be credited to this Award as Program Income (see Section 1.8 below) or refunded toUSAID. Demurrage and detention costs are otherwise ineligible for USAID financing. Dead freight is not reimbursable hereunder. All ocean charters covering full or part cargo must be approved in advance andin writing by the Agreement Officer. This includes charter parties, booking notes, and bookingagreements when those forms of freight contracts incorporate provisions which are in addition to, orwhich deviate from, the terms of the carrier's standard bill of lading and tariff. The cost of commoditieswill be ineligible for reimbursement under this Award if shipped under any ocean charter which has notreceived prior written approval of the Agreement Officer.

(3) Marine InsuranceThe Recipient shall comply with 22 CFR 228.23.

(4) Other Delivery ServicesParagraph (b)(1) of the Standard Provision entitled “USAID Eligibility Rules for Goods and Services”(regardless of the prescription for use set forth therein) applies to other delivery services (such as exportpacking, loading, commodity inspection services, and services of a freight forwarder), i.e., GeographicCode 935 (Special Free World), subject to the Recipient’s compliance with the order of preference andfile documentation requirements described therein.

(5) Incidental ServicesParagraph (b)(1) of the Standard Provision entitled “USAID Eligibility Rules for Goods and Services”(regardless of the prescription for use set forth therein) applies to incidental services (such as installationor erection of USAID-financed equipment, or the training of personnel in the maintenance, operation, anduse of such equipment), i.e., Geographic Code 935 (Special Free World), subject to the Recipient’scompliance with the order of preference and file documentation requirements described therein.(d) Restricted Goods


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In accordance with paragraph (a)(3) of the Standard Provision entitled “USAID Eligibility Rules forGoods and Services,” agricultural commodities, purchase or long-term lease (i.e, a single lease of morethan 180 days, or repetitive or intermittent leases within a one-year period totaling more than 180 days) ofmotor vehicles, pharmaceuticals, pesticides, used equipment, U.S. Government-owned excess property,and fertilizer may not be financed hereunder without the prior written approval of the Agreement Officer.However, paragraph (a)(3) of the aforementioned Standard Provision also indicates that these restrictedgoods are deemed to be approved if the item is of U.S. (Geographic Code 000) source and origin, the itemhas been identified and incorporated in the Program Description (Attachment 2) or the Schedule(Attachment 1) of this Award, and the costs related to the item are incorporated in the budget set forth inSection 1.4 above. Nevertheless, certain additional requirements and/or waivers apply to restricted goodsunder this Award. Accordingly, the restricted goods listed below are approved subject to the following:

(1) Non-U.S. Motor Vehicles

(A) Motor vehicles are defined as self-propelled vehicles with passenger carriage capacity, such as highway trucks, passenger cars and buses, motorcycles, scooters, motorized bicycles and utility vehicles. Excluded from this definition are industrial vehicles for materials handling and earthmoving, such as lift trucks, tractors, graders, scrapers, off-the-highway trucks (such as off-road dump trucks) and other vehicles that are not designed for travel at normal road speeds (40 kilometers per hour and above).

(B) Motor vehicles (regardless of their source and origin) are “equipment,” and require prior approval as such under the applicable U.S. Government Cost Principles (see 22 CFR 226.27), and motor vehicles that are not manufactured (i.e., do not have their “origin”) in the U.S. are “restricted goods.” As a restricted good, the purchase and/or the lease of non-U.S. motor vehicles for more than 180 days (both single leases and repetitive or intermittent leases within a one-year period totaling more than 180 days) requires USAID approval. Approval of motor vehicles as “equipment” (see Section 1.4 above) does not constitute approval of non-U.S. motor vehicles (as restricted goods) because they do not satisfy the requirement under paragraph (a)(3) of the Standard Provision entitled “USAID Eligibility Rules for Goods and Services” that they be of U.S. source and origin.

(C) For the purpose of this Award, however, the Authorized GeographicCode for the purchase and long-term lease of motor vehicles financed by USAID hereunder shall be inaccordance with paragraph (b)(1) of the Standard Provision entitled “USAID Eligibility Rules for Goodsand Services” (regardless of the prescription for use set forth therein), i.e., Geographic Code 935 (Special)

Free World), subject to the Recipient’s compliance with the order of preference and file documentationrequirements described therein, and the following supplemental descending order of preference:

(i) U.S.-manufactured vehicles;(ii) Vehicles assembled in the cooperating country or a GeographicCode 941 country using a substantial number of parts and sub-assemblies manufactured in the U.S.;(iii) Vehicles manufactured in any Geographic Code 935 country by a subsidiary of a U.S. manufacturer; and(iv)Vehicles manufactured in a Geographic Code 935 country by other than subsidiaries of U.S. manufacturers.

1.7 TITLE TO AND CARE OF PROPERTYTitle to property financed under this Award shall be in the name of the cooperating country or such public


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or private agency as the cooperating country government may designate, subject to the followingrequirements regarding the use, care, accountability, maintenance, and disposition thereof:

(a) Tangible Property“Tangible property” means equipment, supplies and other expendable equipment, and real property.“Equipment” means an article of tangible nonexpendable personal property having a useful life of oneyear or more and a per-unit acquisition cost (purchase price) of $5,000 or more. “Supplies and otherexpendable equipment” means items of tangible personal property that do not meet the definition of“equipment.” “Real property” means land, land improvements, structures, and appurtenances thereto.Tangible property is subject to the requirements of the Standard Provision set forth in Attachment 3 ofthis Award entitled “Title To and Care of Property (Cooperating Country Title).”

(b) Intangible (Intellectual) Property“Intangible property” means, but is not limited to, copyrights, inventions and patents, and data firstproduced under this Award. Intangible property is subject to the following:

(1) Data First Produced under this AwardThe Recipient may use, release to others, reproduce, distribute, or publish any data first produced orspecifically used by the Recipient under this Award. The U.S. Government has the right to obtain,reproduce, publish or otherwise use data first produced under this Award, and to authorize others toreceive, reproduce, publish, or otherwise use such data.

(2) CopyrightsIn accordance with the Standard Provision set forth in Attachment 3 of this Award entitled “Publicationsand Media Releases,” the Recipient may copyright any work that is subject to copyright and wasdeveloped, or for which ownership was purchased, under this Award. USAID and the host governmentreserve a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use thework, and to authorize others to do so.

(3) Inventions/PatentsInventions and patents are subject to the Standard Provision set forth in Attachment 3 of this Awardentitled “Patent Rights.” The license described in paragraph (b) of the Standard Provision shall includethe right of the U.S. Government to sublicense the host government, its nationals, and internationalorganizations pursuant to the bilateral agreement under which this Award is financed.

1.8 PROGRAM INCOMEProgram Income earned under this Award shall be additive to the USAID and other contributionsprovided hereunder or used to finance the non-U.S. Government share of the project or program financedhereunder, or deducted from the total project or program allowable cost in determining the net allowablecosts on which the USAID share of costs is based. The Recipient shall account for Program Income inaccordance with the Standard Provision set forth in Attachment 3 of this Award entitled “ProgramIncome.” In accordance with paragraph (e) of said Standard Provision, program income that is earnedafter the end of the Award period (see Section 1.2 above) must be disposed of based on written instructionreceived from the Agreement Officer.

1.9 COST-SHARING (MATCHING)The Recipient agrees to expend an amount not less than $5,440,000 for financing by the Recipient and/orothers from non-federal funds in accordance with the Standard Provision set forth in Attachment 3 of this


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Award entitled “Cost-Sharing (Matching).” This cost-sharing may be cash and/or in-kind contributions,and includes un-recovered indirect costs. Failure to meet these requirements shall be handled inaccordance with said Standard Provision.

1.10 INDIRECT COSTSNo indirect costs will be charged to this Award. The Recipient understands and agrees that any indirectcosts attributable to this Award will be absorbed by the Recipient and considered cost-sharing.

1.11 RESOLUTION OF CONFLICTSConflicts between any of the Attachments of this Award shall be resolved by applying the followingdescending order of precedence:Attachment 1 - ScheduleAttachment 3 - Standard ProvisionsAttachment 4 - Branding Strategy and Marking PlanAttachment 2 - Program Description

1.12 POST-AWARD ADMINISTRATION(a) Cognizant USAID Technical Officer (CTO)The CTO for this Award will be designated in a separate memorandum from the Agreement Officer to theCTO, a copy of which will be provided to the Recipient and the payment office specified below. Pendingsuch memorandum, the CTO for this Award is: Farid Ahmad Barkzai

1.13 SPECIAL PROVISIONS(a) Non-Federal AuditsIn accordance with the Standard Provision set forth in Attachment 3 of this Award entitled “Accounting,Audit, and Records,” the Recipient and its sub-recipients are subject to the audit requirements containedin the USAID Inspector-General’s Guidelines for Financial Audits Contracted by Foreign Recipients.

The Recipient and its sub-recipients must use an independent, non-Federal auditor or audit organizationwhich meets the general standards specified in generally accepted government auditing standards(GAGAS) to fulfill these requirements.

(b) Branding Strategy and Marking Plan(1) In accordance with the Standard Provision set forth in Attachment 3 of this Award entitled “Marking Under USAID-Funded Assistance Instruments,” the Recipient’s Branding Strategy and Marking Plan are incorporated into this Award as Attachment 4 hereof. Accordingly, paragraphs (c)(2) and (c)(4) of said Standard Provision do not apply.

(2) With reference to paragraph (c)(3) of the aforementioned Standard Provision, the Agreement Officer hereby approves an exception from the requirements to mark and acknowledge program deliverables/communications where USAID marking requirements would compromise the intrinsic independence or neutrality of the program or materials because independence or neutrality is an inherent aspect of the program and materials or USAID marking requirements would diminish the credibility of program deliverables/communications whose data or findings must be seen as independent or USAID marking requirements would undercut host government “ownership” of programdeliverables/communications that are better positioned as “by” or “from” the cooperating countryministry or government official or USAID marking requirements would offend local cultural or socialnorms, or be considered


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(3) With reference to paragraph (d) of the aforementioned Standard Provision, the requirements to mark and acknowledge program deliverables/communications is hereby waived becausemarking/acknowledgement requirements would pose compelling political concerns in the cooperatingcountry.

(c) U.S. Export RestrictionsUnless otherwise approved in advance by the Agreement Officer, funds provided hereunder may not beexpended by the Recipient in violation of the U.S Government’s Export Administration Regulations(EAR) found in 15 CFR 730, et seq.1

(d) U.S. Economic SanctionsUnless otherwise approved in advance by the Agreement Officer, funds provided hereunder may not beexpended by the Recipient in violation of any U.S Government Economic Sanctions and/or any Licenserelated thereto issued by the U.S. Department of the Treasury’s office of Foreign Assets Control (OFAC).

(e) Host Country Taxes and DutiesThe Recipient is advised that equipment, materials, and funds introduced into Afghanistan under theUSAID program are exempt from customs duties and taxes of every kind. Accordingly, and in accordance with the applicable U.S. Government cost principles (see the Standard Provision set forth in Attachment 3 of this Award entitled “Allowable Costs”), such costs are unallowable and may not be charged to this Award or paid with funding provided hereunder. If the Recipient is assessed any such charges, the Recipient shall bring the proposed assessment to the immediate attention of the Agreement Officer and USAID/Kabul.

(f) Special Award Conditions(1) In accordance with the pre-award financial assessment of Turquoise Mountain Trust (TMT) dated November 18, 2008, it has been determined that improvement in certain controls and procedures would reduce its risk in handling USAID funds in accordance with Attachment 5. (2) Since these deficiencies increase the risk that the Recipient will be unable to perform the program financed hereunder and/or to comply with the terms and conditions of this Award, the Recipient agrees to take the following corrective action report within 60 days of award its comments on implementing the recommendations of the assessment.

(3) In order to minimize USAID’s risk pending the Recipient’s completion of the corrective action(s) described in the preceding paragraph, the Recipient must provide to the Agreement 1 Further information about export restrictions may be found on the internet at:http://www.gpo.gov/bis/index.html and http://www.gpo.gov/bis/ear/ear_data.html.

Officer its acknowledgement of this special award condition in writing. The acknowledgement must bereceived by the Agreement Officer within five calendar days after award (4) The Recipient shall notify the Agreement Officer when the Recipient has completed the corrective action(s). The Agreement Officer may take whatever steps s/he deems necessary and reasonable (e.g., a follow-up audit) to independently verify that the corrective action(s) has/have been satisfactorily completed.

(5) Failure by the Recipient to diligently undertake and complete the corrective action(s) may be grounds for suspension or termination of this Award pursuant to the Standard Provision set forth in Attachment 3 of this Award entitled “Termination and Suspension.”

1.14 STANDARD PROVISIONSThe following Standard Provisions apply to this Award. The full texts of these Standard Provisions areset forth in Attachment 3 of this Award.


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(a) Mandatory Standard Provisions1. Allowable Costs (OCT 1998)2. Accounting, Audit, and Records (OCT 1998)3. Payment Advances and Refunds (OCT 1998)4. Revision of Award Budget (OCT 1998)5. Termination and Suspension (OCT 1998)6. Disputes (OCT 1998)7. Ineligible Countries (MAY 1986)8. Debarment, Suspension, and Other Responsibility Matters (JAN 2004)9. Drug-Free Workplace (JAN 2004)10. Nonliability (NOV 1985)11. Amendment (OCT 1998)12. Notices (OCT 1998)13. Metric System of Measurement (AUG 1992)14. Equal Protection of the Laws for Faith-Based and Community Organizations (FEB 2004)15. Implementation of E.O. 13224 -- Executive Order on Terrorist Financing (MAR 2002)16. Marking Under USAID-Funded Assistance Instruments (DEC 2005)17. Voluntary Population Planning Activities – Mandatory Requirements (MAY 2006)(b) Required-as-Applicable Standard Provisions18. Payment - Advance (OCT 1998)19. International Air Travel and Transportation (JUN 1999)20. Ocean Shipment of Goods (JUN 1999)21. Procurement of Goods and Services (OCT 1998)22. USAID Eligibility Rules for Goods and Services (SEP 1998)23. Subagreements (OCT 1998)24. Local Procurement (OCT 1998)25. Patent Rights (JUN 1993)26. Publications and Media Releases (MAR 2006)27. Regulations Governing Employees (JUN 1993)28. Participant Training (OCT 1998)29. Title To and Care Of Property (Cooperating Country Title) (OCT 1998)30. Cost-Sharing (Matching) (JUL 2002)31. Program Income (OCT 1998)32. Prohibition of Assistance to Drug Traffickers (JUN 1999)33. Reporting of Foreign Taxes (MAR 2006)34. USAID Disability Policy – Assistance (DEC 2004)35. Standards For Accessibility for the Disabled in USAID Assistance Awards InvolvingConstruction (SEP 2004)

1.15 SUBSTANTIAL INVOLVEMENT UNDERSTANDINGSIt is understood and agreed that USAID will be substantially involved during performance of this Awardas set forth below. The CTO is not authorized to provide any approvals which would constitute:(1) a change to the scope or objectives of the program described in Attachment 2 of this Award, which may only be approved by the Agreement Officer;

(2) a change to the Award budget set forth in Section 1.4. above, unless the Agreement Officer's approval is not required for said budget changes pursuant to the Standard Provision set forth in Attachment 3 of this Award entitled “Revision of Award Budget;” or

(3) an unauthorized commitment as defined in ADS-303.3.18.(a) Annual Work-Plans


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The CTO must approve the annual work-plans described in Section 1.5(b) above, including anysignificant changes or revisions thereto.

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ATTACHMENT 1 -SCHEDULE - U.S. Agency for … 1 -SCHEDULE 5 1.5 REPORTING REQUIREMENTS (a) Financial...

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