SUB-AGREEMENT
Between
Rural Support Proqrammes Network (RSPN)
And
National Rural Support Prooramme (NRSP)
UNDER
The Cooperative Agreement No. 391-A-00-1 1-01201-00
For
Assessment and strengthening Program (AsP)for civil society organizations(CSO) and Government of Pakistan (GOP)
December t. 2010
FORM OF AGREEMENT
This sub agreement (hereinafter called the "sub agreement") is entered into on the 1"'day of December
, 2010, between, Rural Support Programmes Network , a not - for - profit company, established undersection 42 of the Companies Ordinance, 1984, having its head office situated at House No. 7, StreetNo.49, F-6/4, lslamabad (hereinafter called the "RSPN" which expression shall include its successors,legal representatives and permitted assigns) on the First Part and the National Rural SupportProgramme having its ofiice at House No. 46, Agha Khan Road, F-6/4 lslamabad (here in after calledthe "NRSP" which expression shall include its successors, legal representatives and permitted assigns)on the Second Part. Both RSPN and NRSP will be collectively referred to as "Parties" and individually'Party' in this agreement.
WHEREAS
(a) Whereas RSPN has entered into a Cooperative Agreement with the U.S Agency for InternationalDevelopment (USAID) on October 12, 2010 as prime implementing partner for the implementation of"Assessment and Strengthening Program (ASP) for Civil Society Organizations (CSOs) andGovernment of Pakislan (GOP)" referred to as "the Program" in this sub agreement.
(b) The NRSP agreed to be a sub-partner in the Program during the preparation of the proposal for theProgram in terms of the aforesaid Cooperative Agreement.
(c) RSPN and NRSP have mutually agreed for the purpose of implementing the ASP in an efiective andcoordinated manner;
NOW, THEREFORE, the RSPN and NRSP hereby agree as follows:
'1. The following documents attached hereto shall be deemed to form an integral part of this subagreement:
i. Attachment A - Conditions of Sub-agreement
ii. Attachment B - Program Description
iii. Attachment C - Standard Provisions
iv. Aftachment D - Marking and Branding
2. The mutual rights and obligations of the RSPN and NRSP shall be set forth in this sub-agreement, in particular:
i. NRSP shall carry out the assigned role in accordance with the provisions of this sub-agreement (including all its attachments); and
ii. RSPN shall make payments to NRSP in accordance with the provisions of this sub-agreement.
P.
3. In case of any dispute between the parties which is not settled within a reasonable time. it shallbe refened to an Arbitrator to be appointed with mutual consent
lN WITNESS THEREOF, the duly authorized representatives of both the parties hereto have signedthis sub-agreement in two identical counterparts, each of which shall be deemed as the original.
For and on behalf of RSPN For and on behalf of NRSP
Name: Ms, Shandana Khan
Title: Chief Executive Officer
Rural Support Programmes Network(RSPN), lslamabad
Date: December 1 ,2010
Name: Dr. Rashid Bajwa
Title: Chief Executive Officer
National Rural Support Programme(NRSP), lslamabad
Date: December 1 ,2010
Signatures:
l?lifnesses.'
Signatures:
Name:
Title:
RSPN
Date: December 1 ,2010
Signatures:
Name:
Title:
NRSP
Date: December 1 ,2010
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ATTACHMENT - A: Conditions of the Sub-Agreement
A.1. PURPOSE OF SUB-AGREEMENT:
The purpose of this sub-agreement is to provide a legal framework to the partnership betweenRSPN and NRSP for the implementation of the Program laid down in the CooperativeAgreement and its attachments.
A.2 RESPONSIBILITIES OF THE PARTIES:
A.2.'l Responsibilities of NRSP:
1 . NRSP shall carry out its assigned role vis-a-vis the Program activities in accordance with
Attachment - B: Program Description, while adhering to Attachment - C: Standard Provisions
and remaining within the overall sub agreement budget stated in clause A.5 of this attachment.
NRSP shall set up the Provincial Program Offices (PPOs) in Lahore, Karachi, Peshawar and
Quefta for the implementation of the Program. The Provincial Program Offices (PPOs) shall be
funded by the NRSP budget set forth in Clause A.5 of this aftachment.
NRSP shall facilitate and support the PPOs in their work related to pre - award assessments,capacity building plan formulation and execution and during the validation phase. NRSP shallensure that deadlines specified in the Agreement are met by personnel working in the PPOs
with respect to program activities.
NRSP shall be responsible for undertaking recruitment of staff required for under theCooperative Agreement before 15rn of January 2011. NRSP shall give priority to selecting the
Provincial Directors of PPOs and while doing so ensure required experience and capacity toachieve the objectives of the Program. lt shall keep RSPN posted on the progress and criteria of
selecting the said Director lt shall in particular prioritize the timely recruitment of the followingpersonnel identified in the Cooperative Agreement.
a. Provincial Directors
b, Managers Capacity Building, Assessment and Validation
c. Managers Monitoring and Evaluation
While under taking the recruitment task for all positions in the PPOs and finalizing the terms of
Reference and emoluments and other privileges of the staff the RSPN shall be kept duly posted.
NRSP shall keep RSPN informed of all key issues in policy matters emerging duringimplementation phase. RSPN shall be responsible for providing necessary guidance in such
matters.
NRSP shall provide all requisite support to the PPOs in terms of the agreement to enable themto conduct their activities; RSPN may assign further responsibility to NRSP through mutual
consent.
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4.
5.
o.
While the Provincial Program Offices shall be responsible to the CPO of the ASP for all
operational purposes and implementation of the Program, the NRSP shall facilitate the PPOs to
fulfill its responsibilities. RSPN and NRSP shall jointly meet with CPO and PPOs every quarter
to review the progress of work and deliberate on any outstanding matters related to theprogram. Other stakeholders and partners may be invited to such matters by special invitation.
Any communication or information required by the NRSP or the PPOs from the USAID shall be
routed through the Central Program Office (CPO) and RSPN.
Procurement procedures of the NRSP, if not conflicting with USAID procurement rules and
regulations, shall be followed. Proper documentation in this regard will be necessary (i.e. proof
of call for bids/quotations, copies of bidding documents/quotations received and signed byprocurement committee, comparative statements drawn up by procurement commiftee and
decision of commiftee, purchase orders issued, goods received note (GRN), entry of goods in
stock registers, etc.) and shall be maintained to endorse that reasonable steps were taken toensure that all purchases charged to this subgrant are at reasonable prices and from
resoonsible sources.
10. RSPN and NRSP shall jointly endeavor to ensure that CPO and PPO have the experience and
capacity to achieve the objectives, targets and deliverables envisaged in the program and forthat purpose provided with appropriate operational powers and responsibilities.
A.2.2 Responsibilities of RSPN:
1. RSPN, as Prime Recipient, and its management shall provide over all leadership to the Programat the broader policy levels and shall provide policy guidance related to the Program.
RSPN shall establish a Central Program Office (CPO) to be responsible for the operational andprogrammatic implementation of the Program in terms of the Agreement.
3. RSPN shall oversee the work of the CPO as well as the Provincial Program Offices and shallcommunicate with USAID on behalf of NRSP, CPO, and PPOs in matters relating to theprogram.
4. RSPN shall make payments to the NRSP as per clause A.2.'l sub clause 3 of this attachmentthrough its project office.
5. This sub-agreement implies a level of "substantial involvement" by RSPN and USAID throughtheir designated officers in the performance of the sub-agreement as per clause A.12 of thisattachment:
6. Central Program Office, through Director MER of the Program and monitoring officers, shallmonitor the program implementation.
7. RSPN shall coordinate on a regular basis with the NRSP to discuss matters relating toimplementation of the Program.
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A.3. PERIOD OF THE SUB AGREEMENT:
The effective date of this sub agreement is from the date of signing by both the Parties. The
compfetion date of this sub agreement is October 1'l ' 2015.
A.4. AMOUNT OF SUB AGREEMENT AND PAYMENT:
1. The total estimated amount of this sub-agreement for its full period is Rs. 491,492,157 (Rupees
Four ninety one million, four hundred and ninety two thousand, one hundred and fifty seven
only) inclusive of all expenses. The break-up of total estimated amount in Pak. Rs. and US $ is
given under section A.5 below.
2. RSPN hereby obligates (Subject to availability of funds from USAID) an amount of Rs.
491,492,157 (Rupees Four ninety one million, four hundred and ninety two thousand, one
hundred and fifty seven only) inclusive of all expenses for purposes of this sub-agreement
during the period set forth in section A.3 above and as shown in the sub-agreement budget in
section A.5 below. RSPN is not required to reimburse the NRSP for any costs in excess of this
amount, nor is the NRSP required to continue performance or incur costs in excess of this
amounl.
3. payment shall be made to the NRSP in accordance with payment procedures set forth in the
provisions entitled "Payment (Advance) october 1998" under Attachment 'c' (standard
provisions). This payment shall be made on monthly basis in advance subject to the previous
month's Statement of Expenditures (SOEs) and liquidation of advance and subject to the
approval and acceptance of the Chief of Party (COP).
A.5. SUB AGREEMENT BUDGET:
The sub-agreement budget in Pak. Rs. and US $ is set out in the tables placed below. Any request for
revision to this budget shall be made by the NRSP through RSPN to USAID. Revisions to this budgel
shall only be made in accordance with the USAID's Standard Provision entitled "Revision of Award
Budget (October 1998)". The cost principles of USAID's OMB 122 and 22 CFR 230 will apply to this
sub agreement.
s/N Cosl Line ltems
Yoar I Yoat 2 Year 3 Yoar 4 Yoar 5 Total
Co3I Cost Cost G03t Cost Cost
Pak, Rs. Pak. R!. Pal. Rs. Pak. Rs. Pak. R3. Pak. Rs.
t salary and wages
2 Frlnge benefits3 Travel and t6nsportation4 Equipment5 supplies6 Contractual costs7 othor direct costs
Total Oirect costg
lndir€ct Cost @ 5%
Grand Total Costs
6,888,000 788,904 864,402
7,273,200 7,959,245 8,179.407
947,125 1,037,765 10,526,197
8.356.807 8.546,124 40,321,783
39.360.000 43,126,752 47.249,669 51,766.738 56,71s,638 238'AA'79f
12.792.000 14,016,194 15,356,143 16,824,190 ',|8,432,582 77 '421'109
3.492.000 3,a26,184 4,192,350 4'593'558 5,033,162 21'137 '251
3.828.000 3'828'ooo
12,660,000 13,871,552 15,199,070 16'653,622 18 247,373 76'631'52t
s6,293,200 83,598,842 91,041,042 99,',142,040 108,012,645 468'087'768
4,314,660 4,179,942 4,552,052 4,957,102 5'400'632 23'404,388
142 tl 157
s/N Cost Line ltems
Year I Yeat 2 Y€ar 3 Yoar 4 Year 5 Total
Coat Cost Cost Cost Cost Cosl
uss us3 us3 us$ usg us3
1 Salary and wages2 Fringe benefits3 Travel and tBnsportation4 Equipment5 Supplies6 contractual costs7 Other direct costs
Total oirect Costs
Indirect Cost @ 5%
Grand Total costs
542,368 569,448
176.270 185,070
48,127 50,535
9.923 10,420
492,011 516,576
159,904 167,887
43,651 45,835
9.000 9,450
86,586 90,9',17 89.425 87,556 85,806
150,714 158,254 166,170 174,483 183,2',1',1 832'831
1,027,300 953,737 995,344 1,0s8,725 t'08'1,490 5,099'597
s1,365 47,687 49,767 51,936 54,224 2s4'980
1,078,665 l,OOl,424 1,045,@
468.571
152.286
41,571
45.571
82,000
2,s88,975
a4'l,417
229,719
45,571
120,793
440,290
A.6. SUB-AGREEMENT APPROVALS:
All sub agreements and subcontracts under this sub agreement are subject to prior written approval by
the RSPN.
A,7. REPORTING AND EVALUATION:
1. Financial Reporting
NRSp shall submit an original and a copy of Standard Form 425 (SF-425) on a quarterly basis toCOP/DCOP and Director Finance and Compliance of the Program.
Electronic copies of the SF 425 can be found athttp://www.whitehouse. gov/omb/grants/standard-forms/ff-report pdf andhttp://www.forms. gov/bgfPortal/docDetails.do?dld=1 51 49.
Line item instructions for completing the SF-425 can be found at:
http://www.whitehouse.gov/omb/grantsistandard-forms/ffr-instructions.pdf
(A) Financial reporting requirements shall be in accordance with the Standard Provision set forth inAtiachment C of this Award entitled 'Payment -Advance." and "Payment - Reimbursement." Bothpaper copies and electronic copies (scanned PDF document) shall be submitted
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Financial Reporting for Local Recipients (Advances/Liquidations):
Financial Reporting: Financial Reports shall be in keeping with the "Accounting, Audit, and Recordsstandard orovision in Attachment C.
a. NRSP will report its liquidation of advances on quarterly basis to the COP/DCOP and DirectorFinance and Compliance of the project CPO (in accordance with the "Payment-Advance" procedures in
Attachment C. lf there is an un liquidated balance of advanced funds, the report will include a shortnarrative explanation of actions taken to reduce the excess balance.
b. The disbursement report shall be due 7 calendar days following the end of each quarter.
c. NRSP shall provide a status of funds report with each advance request.
d. Quarterly Accruals Reports: NRSP shall submit the COP/DCOP and Director Finance andCompliance of the project (RSPN), a quarterly financial Accruals report as per the format provided by
USAID. This shall be submitted to the AOTR by RSPN, no less than 20 days before the end of each(USAID) fiscal year quarter through the life of the project.
Financial Reporting for Local Recipients (Reimbursements):
Request for Reimbursements shall be submitted on monthly basis by the sth of the following month.(B) Financial reports shall be submitted to the following office as follows:
Director Finance and ComplianceRural Support Programmes NetworkHouse No. 7. Street No.49. F-6i4lslamabad, Pakistan.Tel: +92 51 282 1736Fax: +9251 2829115Email: [email protected]
In addition, one copy shall be submitted to the COP/DCOP and Director Finance and Compliance of theProgram's CPO.
(C) Reporting of Foreign Taxes
NRSP shall comply with the Standard Provision set forth in Attachment C of this Awardentitled "Reporting of Foreign Taxes."
(D) Nonexpendable Property Reporting and disposition requirements
Following are the reporting and notification requirements related to property financed and/or provided
by USAID under this project:
i) Loss, Damage, or Theft:
In accordance with the Standard Provision set forth in Attachment C of this sub agreement entitled"Title To and Use of Property (Recipient Title; Over $50,000)" any loss, damage, or theft to property
shall be investigated and fully documented, and NRSP shall promptly notify the RSPN throughCOP/DCOP and Director Finance and Compliance of the project.
ln accordance with the aforementioned Standard Provision, NRSP/PPOs shall request dispositioninstructions from the COP/DCOP and Director Finance and Compliance in the CPO when NRSP has
no need for USA|D-financed property, or equipment with a current per-unit fair market value of $5,000or more.
ii) Final Equipment Inventory Report In accordance with the aforementioned Standard Provision shallbe submitted by NRSP, one copy of a final inventory report to the COP/DCOP and Director Financeand Compliance of the project (RSPN), listing all equipment and real property acquired with USAIDfunds provided under this sub agreement or received from USAID for use under this sub-agreement.The report shall include the following information for each Nonexpendable property: (a) current fairmarket value and method for determining it; and (b) proposed disposition, and c) serial number of theitem as appropriate. This report shall be submitted not later than 60 days from the estimated completiondate of this Award.
2. Program Reporting
PPOs shall submit one original and one copy of a performance report to, COP/DCOP and DirectorMonitoring, Evaluation and Research in the CPO. The performance reports are required to besubmitted quarterly and shall contain the following information:
(2.1) Performance and Monitoring Reports
(A) Notifications
All PPOS shall submit one copy each to the COP/DCOP and Director Monitoring, Evaluation andResearch in the CPO of notifications (in writing), as follows:
(i) Developments which have a significant impact on the activities supported by this sub agreement;
(ii) Problems, delays, or adverse conditions which materially impair the ability to meet the objectives ofthis sub agreement. This notification shall include a statement of the action taken or conlemplated, andany assistance needed to resolve the problem.
(B) Quarterly Program Performance Reports
This report shall briefly describe actual accomplishments towards the program goals and objectives,progress toward the targets of performance indicators (to be determined jointly by CPO and PPO);reasons why established goals were not met, if applicable; and other pertinent information concerningthe sub agreement activity.
(i) All PPOS shall submit one copy each of a concise and brief (not to exceed 5 pages) quarterlyprogram performance report to COP/DCOP and Director Monitoring, Evaluation and Research of theCPO. Electronic submissions are preferred over hard-copy.
(ii) Reporting periods are US Government Fiscal Year quarters.
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(iii) The due-date for these program performance reports is not later than 15 days after the end of eachreporting period. However, if the reporting period ends before 45 days from the effective date of thissub agreement, or less than 30 days from the estimated completion date of this sub-agreement and thissub agreement is not being extended, no submission shall be required. All other reporting requirementsshall, however, apply.
(iv) At a minimum, these reports shall include the following:
o A comparison of actual accomplishments, both for the reporting period and cumulatively, withthe established goals and objectives, and expected results; the findings of the investigator; orboth. Data (both qualitative and quantitative) must be presented using established baseline dataand 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:
r Reasons why established goals were not met (if applicable), the impact on the programobjective(s), and howthe impact has been/will be addressed; and
o Other pertinent information including, when appropriate, success stories (if available) Whichillustrate the direct positive effects of the program; how unforeseen circumstances affectedoverall performance compared to original assumptions (if applicable), how activities wereaccordingly adjusted or re{argeted; and analysis and explanation of cost overruns or high unitcosts. The reports, which should be submitted electronically to the COP, DCOP in CPO, mustalso include an explanation of the quantifiable output of the research studies and/or introductionactivities, including protocols and advance copies of publications and presentations.
(2.4) Annual and/or Final Results Report
(A) All PPOs shall submit one,copy each of an annual and/or final results report to the COP/DCOP andDirector Monitoring, Evaluation and Research in the CPO. Electronic submissions are preferred overhard-copy. These results reports shall cover the period October 1st through September 30th of eachyear, or parts thereof.
lf this sub agreement expires during the reporting period, PPO shall submit a final report not later than60 days after the estimated completion date. Otherwise PPO shall submit an annual report not laterthan November 30th. These annual and final results reports shall emphasize quantitative as well asqualitative data that reflect results, shall measure impact using the baseline data and indicatorsestablished for the program, and shall, at a minimum, include the following:
(i) Number of beneficiaries targeted during the reporting period;
(ii) Number of beneficiaries reached during the reporting period;
(iii) Cumulative number of beneficiaries targeted to date;
(iv) Cumulative number of beneficiaries reached to date;
(iv) Total numbers of beneficiaries targeted and reached to date;
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(vi) A description of assessments and surveillance data used to measure results;
(vii) Success stories and an explanation of successes achieved, conslraints encountered, and
adjustments made for achieving program objectives;
(viii) A discussion of the overall performance of the program, including details of any discrepanciesbetween expected and actual results and any recommendations for improving the design of theprogram;
(ix) Overall cost effectiveness, with particular attention paid to cost savings and/or cost overruns, andother significant cost impacts such as major exchange rate fluctuations or other types of inflation shallbe detailed;
(x) A comparison of actual accomplishments, both for the reporting period and cumulatively, with theestablished 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 projectscan be readily quantified, such quantitative data should be related to cost data for computation of unitcosts;
(xi) Reasons why established goals/targets were not met (if applicable), the impact on the programobjective(s), and how the impact has been/will be addressed; and
(xii) Other pertinent information including, when appropriate, success stories (if available) whichillustrate the direct positive effects of the program; how unforeseen circumstances affected overallperformance compared to original assumptions (if applicable), how activities were accordingly adjustedor re{argeted; and analysis and explanation of cost overruns or high unit costs.
(B) In accordance with the Standard Provision set forth in Attachment C of this sub agreement entitled"Publications and Media Releases," PPO shall also submit one copy, in electronic (prefened) or paperform, of the annual and final Results Report to the following:
Director Monitoring, Evaluation ASPCentral Program OfficeHouse No. 70. Street No. 25. F-10/1lslamabad, Pakistan.
(C) In accordance with the aforesaid Standard Provision, each document submitted should include thefollowing information: (1) descriptive title; (2) autho(s) name; (3) award number; (4) Sponsoring USAIDoffice; (5) date of publication; and (6) software name and version (if electronic document is sent).
A.8 INDIRECT COST RATE:
The USAID has evaluated and accepted the NRSP's overhead cost rate. Payment on account ofallowable indirect costs shall be made on the basis of not to exceed the predetermined indirect costrates set forth below until the NRSP negotiate NICRA with one of the US Government Agencies orthroughout the life of this sub agreement. Any overhead costs above these predetermined rates shallbe absorbed by the NRSP.
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Description TypeFringe BenefitIndirect Cost
Predetermined rateRate32.5o/o
BaseTotal Salary and Wage'Total Direct Costs.Predetermined rate 5 o/o
' Fringe Benefit includes: Medical Insurance, Group Life Insurance, Employee Old age Benefit(EOBI) Contribution, Severance, Leave Encashment, and Employer's Provident Fund Contribution
A,9 TITLE TO PROPERTY:
Property Title SHALL vest with NRSP.
A.1O AUTHORIZED GEOGRAPHIC CODE:
The authorized geographic code for procuremenl of goods and services under this sub agreement isUSAID Geographic Code 935, "Special Free Wodd." Such goods and services must meet the source,origin and nationality requirements set forth in 22 CFR Parl228 in accordance with the following orderof preference:(A) The United States(B) Pakistan(C) USAID Geographic Code 935
A.I1 COST SHARING:
Cost share was not negotiated under this sub agreement and is therefore not required.
A.1 2 SUBSTANTIAL INVOLVEMENT:
USAID shall be substantially involved for the successful implementation of this program. This subagreement implies a level of "substantial involvemenf by RSPN and USAID through the COP/DCOPand USAID Agreement Officer Technical Representative (AOTR) or the Agreement Ofiicer, in theactivities to be carried out by NRSP/PPOs.
a. Approval of NRSP/PPOs lmplementation Plans.
i) Approval of annual work-plan:
Each PPO shall submit to the COP. DCOP a draft annual work plan in the first month of the yearfor review and approval.
The work plan shall include the activities planned to be conducted, the site(s) where they will beconducted, benchmarks/milestones and annual performance targets; the outputs/outcomes whichPPOs expects to achieve; and the inputs planned to be provided by the PPO, during the work-planperiod. Included shall be an explanation of how those inputs are expected to achieve theoutputs/outcomes and benchmarks/milestones.
The work-plan will describe activities to be conducted at a greater level of detail than Attachment B(Program Description) of this sub agreement, but shall be cross-referenced with the applicable sectionsin the Program Description. All work-plan activities must be within the scope and objectives of theCooperative Agreement between USAID and RSPN.
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ii) Monitoring and Evaluation (M&E) Plan
The ppO,s Monitoring and Evaluation Plan is subject to COP, DCOP approval as described in
this agreement, including any significanl changes or revisions thereto'
The ppos shall submit to the ooP/DCOP a draft M&E plan. Electronic submission is preferred
over hard-copy. The M&E plan shall include a detailed plan formanaging _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.
A.13.1 USAID DISABILITY POLICY (DEC 2004):
(a) The objectives of the USAID Disability Policy are (1) to enhance the aftainment 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.oov/about usaid/disabilitv/.
(b) USAID therefore requires that the NRSP not discriminate against people with dlsabilities 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 sub-agreement or cooperative
agreement. To that end and to the extent it can accomplish this goal within the scope of the program
objectives, the NRSP should demonstrate a comprehensive and consistent approach for including men,
women and children with disabilities.
A.13.2 EXECUTIVE ORDER ON TERRORISM FINANCING (FEB 2002):
NRSP 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. lt is the
responsibility of the contractor/recipient to ensure compliance with these Executive Orders and laws.
This orovision must be included in all subcontracts/subawards issued underthis sub agreement.
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ATTACHMENT - B: Program Description
8.1 .NRSP shall support and assist the Provincial Program Offices (PPOs) to implement the program
especially in three components i.e. Assessments, Capacity Building and Annual validation in relation to
the organizations in the provincial Governments, Federal Government Organizations having offices in
the provinces and CSOs in the respective provinces. This shall involve coordination with the contractualpartners like the KMPMGTH, any other CPA firm, Provincial Government organizations and CSOs in
the provinces. The PPOs shall be required to monitor the implementation of the Program in the
respective province. More specifically the PPOs shall be responsible, with NRSP'3 support for:-
i. Preparation of annual work plans for implementing all the three components of the Program in
consultation with the CPO.
ii. Preparation of the M&E Plan
iii. Carrying out the M&E activities of the Program in the provinces
iv. Assistance and support in the preparation of the annual work plan and the M&E at the CPO
level
v. Coordination with the identified organizations in the respective provinces for implementation of
Assessments, Capacity Building & Annual validation.
vi. Providing facilitation for the CPO and the contractual partners for carrying out the activities in all
the three comDonents
vii. Coordinating and networking with the provincial Government organizalions and CSOs for
effective implementation of the Program
viii. Submitting periodical financial and programmatic reports as per A.7 of attachment A of this sub
agreement.
ix. Preparation of different plans and assisting the CPO in preparation of Capacity Building Plans
etc.
x. Supporting the Program in any activity at the Provincial Level
B.2. An operational manual for the ASP which shall be developed detailing responsibilities and
functions of the CPO and the PPOs and delineating reporting mechanisms for the implementation of
the Program.
ATTACHMENT - C: Standard Provisions
(Aftachment C provides standard provisions therefore the same flows down to the NRSP and
the PPOs in the execution of all the activities under the Program .They shall abide by them to
enable RSPN to fulfill the requirement of these provisions)
MANDATORY STANDARD PROVISIONS FOR NON-U.S. NONGOVERNMENTAL RECIPIENTS
ALLOWABLE COSTS (OCTOBER 1998)
a. The recipient shall be reimbursed for costs incurred in carrying out the purposes of this award which
are determined by the Agreement Officer to be reasonable, allocable, and allowable in accordance with
the terms of this award and the applicable* cost principles in effect on the date of this award. Therecipient may obtain a copy from the Agreement Officer. Brief definitions of what may be considered as
reasonable. allocable. and allowable costs are provided below, however, it is the recipient's
responsibility to ensure that costs incurred are in accordance with the applicable set of Cost Principles.
(1) Reasonable Cost shatl mean those costs which are generally recognized as ordinary and necessaryand would be incuned by a prudent person in the conduct of normal business'
(2) Allocable Costs shall mean those costs which are incurred specifically for the award.
(3) Allowable Costs shall mean those costs which conform to any limitations in the award.
b. Prior to incurring a questionable or unique cost, the recipient shall obtain the Agreemenl Officer'swritten determination on whether the cost will be allowable.
iD lt is USAID policy that no funds shall be paid as profit or fee to a recipient under this agreementor any sub recipient. This restriction does not apply to contractual relationships under this agreement.
-NOTE: For educational institutions use OMB Circular A-2'l', for all other non-profit organizations useOMB Circular A-122: and for profit making firms use Federal Acquisition Regulation 31.2 and USAIDAcquisition Regulation 731.2.
IEND OF PROVTSTONI
2. ACCOUNTING, AUDlr, AND RECORDS (OCTOBER 1998)
a. The recipient shall maintain financial records, supporting documents, statistical records and all otherrecords pertinent to the award in accordance with generally accepted accounting principles formallyprescribed by the U.S., the cooperating country, or the International Accounting Standards Committee(an affiliate of the Intemational Federation of Accountants) to sufficiently substantiate charges to thisaward. Accounting records that are supported by documentation will as a minimum, be adequate toshow all costs incurred under the award, receipt, and use of goods and services acquired under theaward, the costs of the program supplied from other sources, and the overall progress of the program.Unless otherwise notified, the recipient records and sub recipient records which pertain to this awardshall be retained for a period of three years from the date of submission of the final expenditure reportand may be audited by USAID and/or its representatives.
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b. Foreign for-profit and non-profit organizations that expend $300,000 or more per their fiscal year in
"USAID awards", i.e. as recipients or sub recipients of USAID grants or cooperative agreements, or as
cost reimbursable subcontractors of USAID grants or cooperative agreements, shall have an annual
audit conducted in accordance with the "Guidelines for Financial Audits Contracted by Foreign
Recipients" issued by the USAID Inspector General.
c. Foreign for-profit and non-profit organizations expending less than $300,000 per their fiscal year
under UEAID cost-reimbursable contracts, grants, cooperative agreements, or agreements with hostgovernments shall be exempt from the above financial audit reguirements, but are. subject to the
ieouirement to make records available upon request for review by USAID officials or their designees.
d. USAID shall retain the right to conduct a financial review, require an audit, or otherwise ensure
adequate accountability of organizations expending USAID funds regardless of the audit requirement.
e. Foreign organizations that provide USAID resources to other organizations to carry out the USAIDprogram and activities shall be responsible for monitoring their subcontracloLl ol sub grantees.
Allowable costs for limited scope sub recipient audits charged to USAID funds shall be limited to one ormore of the following types of compliance requirements: activities allowed or un-allowed; allowable
costs/cost principles; eligibility; matching, level of effort; earmarking; and reporting.
f. The audit reoort shall be submited to USAID within 30 days after completion of the audit; the audit
shall be completed, and the report submitted, not later than 9 months after the close of the recipient's
fiscal year. The USAID Inspector General will review this report to determine whelher it complies with
the audit requirements of this award. No audit costs may be charged to this award if audits have not
been made in accordance with the terms of this provision. In cases of continued inability orunwillingness to have an audit performed in accordance with the terms of this provision, USAID will
considei appropriate sanctions which may include suspension of all or a percentage of disbursements
until the audit is satisfactorily completed.
g. This provision in its entirety shall be incorporated into all sub awards with non-U.S. organizations
which meet the $3OO,OOO threshotd as described at paragraph (b) of this Provision. Sub awards to non-
U.S. organizations which are for more than $10,000 but do not meet the $300,000 threshold shall at aminimum incorporate paragraph (d) of this Provision. Sub awards of grants and cooperative
agreements made to U.S. organizations shall state that the U.S. organization is subject to the audit
requirements contained in OMB Circular A- l33.
IEND OF PROVISIONI
3. PAYMENT ADVANCES AND REFUNDS (OCTOBER 1998)
a. Recioients shall maintain advances of USAID funds in interest bearing accounts, unless:(1) The recipient receives less than $120,000 in U.S. Government awards per year;
(2) The best reasonably available interest bearing account would not be expected to earn
interest in excess of $250 per year on U.S. Govemment cash balances; or
(3) The depository would require an average or minimum balance so high that it would not be
oractical to maintain the advance in an interest bearing account.t7
b. Interest earned on advances will be remitted to USAID. However, the recipient may retain up to $250
of interest earnings per account per year, for administrative expenses'
c. At the time the award expires or is terminated, the following types of funds shall immediately revert to
USAID:
(1) USAID has obligated funds to the award, but has not disbursed them to the recipient;
Or
(2) USAID has advanced funds to the recipient, but the recipient has not expended them.
ilotwithstanding (c) (1) and (2) above, funds which the recipient has obligated in legally binding
transactions applicable to this award will not revert to USAID'
d. USAID reserves the right to require refund by the recipient of any amount which the recipient did not
spend in accordance with the terms and conditions of this award. In the event that a final audit has not
been performed prior to the closeout of this award, USAID retains the right to a refund until all claims
which may result from the final audit have been resolved between USAID and the recipient.
IEND OF PROVISIONI
4. REVISION OF AWARD BUDGET (OCTOBER 1998)
a. The approved award budget is the financial expression of the recipient's program as approved during
the award process.
b. The recipient is required to report deviations from budget and program plans, and requesl prior
approvals from the Agreement Officer for any of the following reasons:
(1) To change the scope or the objectives of the project and/or revise the funding allocated amongproject objectives.
(2) To change a key peron where specified in the award, or allow a 25% reduction in time devoted tothe project.
(3) Additional funding is needed.
(4) Where indirect costs have been authorized, the recipient plans to transfer funds budgeted forindirect costs to absorb increases in direct costs or vice versa.
(5) The inclusion of costs that require prior approval in accordance with the applicable set of CostPrinciples.
(6) The transfer of funds allotted for training allowances (direct payment to trainees) to other categories
of expense.
(7) The recipient intends to contract or sub award any of the work under this award, and such contracts
or sub awards were not included in the approved award budget.
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c. lf specified in the Schedule of the award, the recipient may be further restricted from transfeningfunds among cosl categories. Such a restriction would require the recipient to get the prior approval ofthe Agreement Otficer before making budget shifts which expect to exceed '10% of the total budget.
d. USAID is under no obligation to reimburse the recipient for costs incurred in excess of the totalamount obligated under the award. lf the total obligated amount under the award has been increased,the Agreement Officer will notify the recipient in writing of the increase and specify the new totalobligated award amount.
IEND OF PROVTSIONI
5. TERMTNATTON AND SUSPENSION (OCTOBER t998)
a. The Agreement Officer may terminate this award at any time, in whole or in part, upon written noticeto the recipient, whenever it is determined that the recipient has materially failed to comply with theterms and conditions of the award.
b. This award may be terminated at any time, in whole or in part, by the Agreement Officer with theconsent of the recipient. Both parties shall agree upon termination conditions, including the effectivedate and, in the case of partial terminations, the portion of the award to be terminated. The agreementto terminate shall be set forth in a lelter from the Agreement Officer to the recipient.
c. This award may be terminated at any time in whole or in part by the recipient upon sending writtennotification to the Agreement Officer with the following information: the reasons for the termination, theeffective date. and. in the case of a partial termination, the portion to be terminated. However, if USAIDdetermines in the case of partial termination that the reduced or modified portion of the award will not
accomplish the purposes for which the award was made, USAID may terminate the award in its entiretyin accordance with paragraphs (a) or (b) above.
d. lf at any time USAID determines that continuation of all or part of the funding for a program should be
suspended or terminated because such assistance would not be in the national interest of the United
States or would be in violation of an applicable law, then USAID may, following notice to the recipient,suspend or terminate this award in whole or part and prohibit the recipient from incurring additionalobligations chargeable to this award other than those costs specified in the notice of suspension duringthe period of suspension. lf the situation causing the suspension continues for 60 days or more, thenUSAID may terminate this award on written notice to the recipient and cancel that portion of this awardwhich has not been disbursed or inevocably committed to third parties.
e. Termination and Suspension Procedures. Upon receipt of and in accordance wiih a terminationnotice as soecified above, the recipient shall take immediate action to minimize all expenditures and
obligations financed by this award and shall cancel such unJiquidated obligations whenever possible.
Except as provided below, the recipient shall not incur costs after the effective date of termination.
The recipient shall within 30 calendar days after the effective date of such termination repay to the U.S.
Government all unexpended USAID funds which are not otherwise obligated by a legally bindingtransaction applicable to this award. Should the funds paid by USAID to the recipient prior to theeffective date of the termination of this award be insufficient to cover the recipient's obligations in thelegally binding transaction, the recipient may submit to the Government within 90 calendar days afterthe effective date of such termination a written claim covering such obligations. The Agreement Officer
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shall determine the amount(s) to be paid by USAID to the recipient under such claim in accordance with
the applicable Cost PrinciplesThis provision must be included in all sub-agreements.
IEND OF PROVISIONI
6. DTSPUTES (OCTOBER 1998)
a. Any dispute under this award shall be decided by the USAID Agreement Officer. The
Agreement Officer shall furnish the recipient a wriften copy of the decision.
b. Decisions of the USAID Agreement Officer shall be final unless, within 30 days of receipt of the
decision of the Agreement Offrcer, the recipient appeals the decision to USAID's Assistance Executive.
Any appeal mad6 under this provision shall be in writing and addressed to the Assistance Executive,
U.S. ngency for Internationai Development, Office of Procurement, 1300 Pennsylvania Ave, N.W.,
Washington, D.C. 20523. A copy of the appeal shall be concurrently furnished to the Agreement
Officer.
c. In order to facilitate review on the record by the Assistance Executive, the recipient shall be given an
opportunity to submit written evidence in support of its appeal. No hearing will be provided.
d. A decision under this provision by the Assistance Executive shall be final
IEND OF PROVISIONI
7. TNELTGTBLE COUNTRTES (MAY 1986)
Unless otherwise approved by the USAID Agreement Officer, funds will only be expended forassistance to countries eligible ior assistance under the Foreign Assistance Act of 1961, as amended,
or under acts appropriating funds for foreign assistance.
IEND OF PROVISIONI
8. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBTLITY MATTERS (JANUARY
2OO4)
a. The recipient agrees to notify the Agreement Officer immediately upon learning that it or any of itsprincipals:
(1)Are presently excluded or disqualified from covered transaclions by any Federal departmentor agency;
(2) Have been convicted within the preceding three-years period preceding this proposal beenconvicted of or had a civil judgment rendered against them for commission of fraud or a criminaloffense 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 Stateantitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification ordestruction of records, making false statements, tax evasion, receiving stolen property, makingfalse 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
(f'eOerai, State, or local) with commission of any of the offenses enumerated in paragraph
(1Xb); 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 sub-agreements or contracts under this grant with a person or entity that is included on the
Extluded Farties List System (http://epls.arnet.gov). The recipient further agrees to include the
following provision in any sub-agreements or contracts entered into under this award:
DEBARMENT, SUSPENS/ON, INELIGIBILITY, AND VOLUNTARY EXCLUSION(DECEMBER 2003)The recipient/contractor ceftifies that neither it nor its principals is presently excluded or disgualified
from patticipation in this transaction by any Federal depaftment 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.
IEND OF PROVISIONI
9. DRUG-FREE WORKPLACE (JANUARY 2OO4)
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.
b. 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 thatprohibition: 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 r,iorkplace, 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
(D The dangers of drug abuse in the workplace;
(ii) Your policy of maintaining a drug-free workplace;
(iiD Any available drug counselling, 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 s6on 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 theAgreement 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 rehabilitationprogram approved for these purposes by a Federal, State or local health, law enforcement, or otherappropriate agency.
f. The policies and procedures applicable to violations of these requirements are set forth in 22 CFR
Part 210.
IEND OF PROVISIONI
10. NONLIAB|L|TY (NOVEMBER 1985)
USAID does not assume liability for any third party claims for damages arising out of this award.
IEND OF PROVISIONI
1'1. AMENDMENT (OCTOBER 1998)
The award may be amended by formal modifications to ihe basic award document or by means of an
exchange of letters or forms between the Agreement Officer and an appropriate official of the recipient.
IEND OF PROVISIONI
12. NOTTCES (OCTOBER 1998)
Any notice given by USAID or the recipient shall be sufficient only if in writing and delivered in person ormailed as follows:
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To the USAID Agreement Officer and Cognizant Technical Officer, at the addresses specified in the
award. To recipi6nt, at recipient's addresi shown in the award or to such other address designated
within the award.
Notices shall be effective when delivered in accordance with this provision, or on effective date of the
notice, whichever is later.
IEND OF PROVISIONI
13. METRIC SYSTEM OF MEASUREMENT (AUGUST 1992)
Wherever measurements are required or authorized, they shall be made, computed, and recorded in
metric system units of measurement, unless otherwise authorized by the Agreement Officer in writing
when it has found that such usage is impractical or is likely to cause U.S. firms to experience significant
inefficiencies or the loss of marklts. Where the metric system is not the predominant standard for a
particular application, measurements may be expressed in both the metric and the traditional equivalent
units, provided the metric units are listed first.
IEND OF PROVISIONI
14. EOUAL PROTECTION OF THE LAWS FOR FAITH-BASED AND COMMUNITYORGANIZATIONS (December 2009)
a. All the requirements of 22 CFR Part 205, Participation By Religious Organizatio-ns In USAIDprograms, aie applicable to the recipient and to sub-recipients which meet the definition of "Recipient"
in 22 CFR Pa/.226. The requirements of 22 CFR Part 205 apply to both religious and secular
organizations.
b. lf the recipient makes sub awards under this agreement, faith-based organizations must be eligible to
participate on the same basis as other organizations, and must not be discriminated for or against on
the basis of their religious character or affiliation.
c. The recipient must not engage in inherently religious activities, such as worship, religious instruction,
or pro selyiization, as part oith! programs oi services directly funded with financial assistance from
UdruO. titne recipient engages in inherently religious activities, such as worship, religious instruction,
and proselytization, it musl offer those services at a different time or location from any programs or
serv;ces diiecly funded by this award, and participation by beneficiaries in any such inherently religious
activities must be voluntary. These restrictions do not apply to programs where USAID funds are
provided to chaplains to ilork with inmates in prisons, detention facilities, or community correction
centers, or where USAID funds are provided to religious or other organizations for programs in prisons'
detention facilities, or community correction centers, in which such organizations assist chaplains in
carrying out their duties.
d. The recioient must not use USAID funds for the acquisition, construction, or rehabilitation of
structures io the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities, USAID funds may not exceed the
cost of those portions of the-acquisition, construction, or rehabilitation that are attributable to eligible
activities in accordance with applicable cost accounting principles. Sanctuaries, chapels, or other rooms
that the recipient uses as its piincipal place of worship are ineligible for acquisition, construction,
rehabilitation, or improvements using USAID funds. ,r
e. The recipient may not discriminate against any beneficiary or potential beneficiary under this award
on the basis of religion or religious beliif. nccordingly, in providing services supported in whole or in
part by this agreerient or in iti outreach activities related to such services, the recipient may not
discriminate igainst current or prospective program beneficiaries on the basis of religion, a religious
belief, a refusil to hold a religious belief, or-a refusal to actively participate in a religious Practice'
f. When the recipient is a religious organization, the recipient
(1) Retains its independence and may continue to carry out its mission, including the definition'
practice, and expression of its religious beliefi, provided that it does not use direct financial assistance
irom USAID to support any inhere-ntly religious activities, such as worship, religious instruction, or
proselytization.
(2) Retains its authority over its internal governance and may retain religiou-s terms in its
organizition's name, selecl iti board members 6n a religious basis, and include religious references in
itJorganization's mission statements and other governing documents'
(3) Retains its exemption from the Federal prohibition on employment _discrimination on the
basis of religion, set forth in Sec. 702(a) of the civil Rights Act of 1964, 42 U.S'C. 2000e-1 .
(4) May use space in its facilities, without removing religious art, icons, scriptures, or other
religious symbols.
g. The Secretary of State may waive the requirements of this provision in whole or in part' on a case-
[y-ar." basis, where the Seiretary determines that such waiver is necessary to further the national
security or foreign policy interests of the United States.
IEND OF PROVISION]
.I5. IMPLEMENTATION OF E.O. 13224 - EXECUTIVE ORDER ON TERRORISTFINANC|NG (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. lt is the
iegal responsibility of the recipient to ensure compliance with these Executive Orders and laws. This
orovision musl be included in all contracts/subawards issued under this agreement
IEND OF PROVISIONI
16. MARKING UNDER USAID-FUNDED ASSISTANCE INSTRUMENTS (DECEMBER
2005)
(a) Definitions
Commodities mean any material, article, supply, goods or equipment, excluding recipient offices,
vehicles, and non-deliverable items for recipient's internal use, in administration of the USAID funded
grant, cooperative agreement, or other agreement or sub-agreement.
24
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principal Officer means the most senior officer in a USAID Operating Unit in the field, e.9., 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 cognizantprincipal Officer miy be an Office Director, for example, the Directors of USAIDM/Office of Forelgn
Disasier Assistanceand Office of Transition Initiatives. For non-presence countries, the cognizantprincipal 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
bfficer 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
purplse, objective, or goal undertaken or proposed by an organization to carry out the responsibilities
assigned to it.
prcjects include all the marginal costs of inputs (including the proposed investment) technically
required to produce a discreie 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 exlernal
to the recipient's organization. They include, but are not limited to, correspondence, publications'
studies, reports, auiio visual productions, and other informational products; applications, forms, press
and oromotional materials used in connection with USAID funded programs, projects or activities,
including signage and plaques; Web sites/lnternet activities; and events such as training courses,
conferences, seminars, press conferences and so forth.
sub recipient means any person or government (including cooperating country government)
department, agency, est;biishment, or for profit or nonprofit organization that receives a USAID sub
award, as defined in 22 C.F.R. 226.2.
fechnrcal Assistance means the provision of funds, goods, services, or other foreign assistance, such
as ioan guarantees or food for work, to developing countries and other USAID recipients, and through
such recipients to sub recipients, in direct support of a development objective - as opposed to the
internal management of the foreign assistance program.
lJsAtD tdentity (dentity) means the official marking for the united states Agency for
International Olvetopmdnt (USAID), comprised of the USAID logo or seal and new brand mark, with the
tagline that cleafly communicates that our assistance is "from the American people.'The USAID
ldEnfity is availabie on the USAID website at www.usaid.gov/branding and USAID provides it without
royalty, license, or other fee to recipients of USAID-funded grants, or cooperative agreements, or other
assistance awards
(b) Marking of Program Deliverables
(1) All recipients must mark appropriately all overseas programs, projects, activities, public
communications, and commodities partially or fully funded by a
USAID grant or cooperative agreement or other assistance award or sub award with the USAID
ldentity,-of a size and prominJnce 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 usAlD, including
iisible infrastructure projects (for example, roads, bridges, buildings) or other programs,
projects, or activitiesihat are physical in nature (for example, agriculture, forestry, water
management) with the USAID ldentity. The Recipient should erect temporary signs or plaques
""rfy in ttt" construction or implemeniation phase. When construction or implementation is
coril"te, the Recipient must lnstall a permanent, durable sign, plaque or other marking.
(3) The Recipient will mark technical assistance, studies, reports, papers,. publications. audio-
viiual productions, public service announcements, Web sites/lnternet activities and otherpromoiional, informational, media, or communications products funded by USAID with the
USAID ldentity.
(4) The Recipient will appropriately mark events financed by usAlD, such as training courses,
conferenc"s, seminars, 6xhibitioni, fairs, workshops, press conferences and other public
activities, with the usAlD ldentity. unless directly prohibited and as appropriate to the
surroundings, recipients should display additional materials, such as signs and banners, with
the USA|Dldentity. In circumstances in which the USAID ldentity cannot be displayed. visually'
the recipient is entouraged 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
equiiment, supplies, and other materials funded by USAID, and their export packaging with the
USAID ldentity.
(6) The Agreement Officer may require the USAID ldentity to be larger and more prominent if it
is the majority donor, orto require that a cooperating country government's identity be larger
and mori 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 ldentity in the event that the
recipient does not choose to mark with its own identity or logo.
(8) The Agreement Officer may require a pre-production review of USAID-funded public
communiCations and program materials for compliance with the approved Marking Plan.
(9) Sub recipients. To ensure that the marking requirements "flow down" to sub recipients of sub
awards, recipients of USAID funded grants and cooperative agreements or other assistance
awards will include the USA|D-approved marking provision in any USAID funded sub award, as
follows:
"As a condition of receipt of this sub award, marking with the usAlD ldentity of a size andprominence equivalent to or greater than the recipient's, sub recipient's, other donot's or thhd'party's
is requked. In the event the recipient chooses not to require marking with its own identity'or
logo by the sub recipient, IJSATD may, at its discretion, require marking by the sub recipientwith the USAID ldentW."
(10) Any ,public communications" as defined in 22 c.F.R. 226.2, funded by usAlD, in which the
content has not been approved by USAID, must contain the following disclaimer:
,4 \l
'This study/repod/audiofuisuat/other information/media product (specify) is made possible by thegenerous suppod of the American people through the United States Agency for lnternational-Development
(USAID). The contents are the responsibility of [inseft recipient name] and do notnecessarily reflect the views of IJSAID or the United Sfates Govemment."
(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 andcommunications 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 ExperienceClearinghouse.
(c) lmplementation 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
iecipient will piopose and submit a plan for implementing the requirements of this provision
within 45 Calendar 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 ldentity.
(ii) The type of marking and what materials the applicant uses to mark the program
deliverables with the USAID ldentity,
(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 ldentity 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 orneutrality of a program or materials where independence or neutrality is an inherent
aspect of the program and materials;
(iD USAID marking requirements would diminish the credibility of audits, reports,analysis, studies, or policy recommendations whose data or findings must be seen as
independent;
(iiD USAID marking requirements would undercut host-country government "ownership"
of constitutions, taws, regulations, policies, studies, assessments, reports, publications,
surveys or audits, public service announcements, or other communications betterpositioned 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;27
(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
prbposeb exemptions, will be negotiated within the time specified by the Agreement Officer afier
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 markingiequiremenis 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 adversJ impact in the cooperating country. The recipient will submit the request through the
Cognizant Technicai Officer. The Principai Officer is responsible for approvals or disapprovals of waiver
reouests.
(2) The request will describe the compelling political, safety, security concerns, or adverse impact thatiequire 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 desciiption of how program materials will be marked (if at all) if the USAID ldentity is
removed. The request should also provide a rationale for any use of recipient's own identity / logo orthat of a third party on malerials that will be subject to the waiver-
(3) Approved waivers are not limited in duration but are subject to Principal Officer's 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 PrincipalOfficer's cognizant Assistant Administrator. The recipient may appeal by submittinga written requesl to reconsider the Principal Officer's waiver determination to thecognizant Assistant Administrator.
(e) Non-retroactivity
The requirements of this provision do not apply to any materials, events, or commoditiesproduced 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 toJanuary 2, 2006 and the period of the grant does not extend past January 2,2O06.
IEND OF PROVISIONI
17. VOLUNTARY POPULATION PLANNING ACTIVITIES - MANDATORYREQUIREMENTS (MAY 2006)
Requirements for Voluntary Sterilization Programs
( l) 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
ioitowing 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 a!91!on 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 counselling about all pregnancy options.
(2) No funds made available under this award will be used to pay for any biomedical.research which
relites, in whole or in part, to methods of, orthe 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.
IEND OF PROVISIONI
IEND OF MANDATORY PROVISIONSI
II, REQUIRED, AS APPLICABLE, STANDARD PROVISIONS FOR NON.U.S.NONGOVERNMENTAL RECIPIENTS
1. PAYMENT-ADVANCE (OCTOBER 1998)
a. ln accordance with the Standard Provision entitled "Payment Advances and Refund": USAID funds
shall not be commingled with other recipient owned or controlled funds; the recipient shall deposit all
USAID cash advances in a separate bank account and shall make all disbursements for goods and
services from this account.
b. Advances shall be limited to the minimum amounts needed to meet current disbursement needs
(generally 30 days) and shall be scheduled so that the funds are available to the grantee as close as is
)iministiatively ieisible to the actual disbursements by the grantee for program costs, Advances made
by the recipieni to sub recipients or the recipient's field organizations shall conform substantially to the
same standards of timing and amount as apply to cash advances by USAID to the recipient.
Proceduresc. After receipt ofthe initial advance, the recipient shall submit a Standard Form 1034 for each
upcoming m6nth (30 day period), with the statement "Request for Advance" printed at the top of the29
$t
form. The recipient may submit a set of these forms on a quarterly basis (i.e. submission of three SF
1034s one for each month in the upcoming quarte|. At the end of each quarter the recipient shall
submit a SF 1034 (marked "Liquidation of Advances") to liquidate the advances of the previous quarter.
The recipient may submit a new set of SF 1034s ("Request for Advance") once the "Liquidation of
Advances', has blen submitted. Each SF 1034 shall be identified by the appropriate award number.
IEND OF PROVISIONI
2. (RESERVED)
3. INTERNATIONAL AIR TRAVEL AND TRANSPORTATION (JUNE 1999)
a. PRIOR BUDGET APPROVALln accordance with OMB Cost Principles, direct charges for foreign travel costs are allowable only when
each foreign trip has received prior budget approvat. Such approval will be deemed to have been met
when:
(1) The trip is identified. ldentification 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 (aXl)above is incorporated in: the proposal, the program description or
schedule of the award, the annual implementation plan (initial or revisions), or amendments to the
award; and
(3) The costs related to the travel are incorporated in the approved budget ofthe award.
The Agreemenl Officer may approve travel which has not been incorporated in writing as required byparagriph (aX2). In such c-ase,'a copy of the Agreement Officer's approval must be included in theagreement file.
b. NOTIFICATION
(1) As long as prior budget approval has been met in accordance with paragraph (a) above, a separateNotification 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 theMission.
Neither the USAID Mission nor the Embassy will require Country Clearance of employees or
contractors of USAID Recipients.
(2) Where notification is required in accordance with paragraph (1)(i) or (ii) above, the recipient will
observe the following standards:
(i) Send a written notice to the USAID Cognizant Technical Officer in the Mission. lf the recipient'sprimary point of contact is a Technical Officer in USAIDM/, the recipient may sendlhe notice to thatperson. it witl be the responsibility of the USAIDMI Cognizant Technical Officer to forward the notice tothe field.
30
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(ii) The notice should be sent as far in advance as possible, but at least 14 calendar days in advance of
ihe 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
bfficer, the haveller'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. lt will be the responsibility of the
bognizant Technical Officer in ihe Mission to contact the recipient within 5 working days of having
reciived the notice if the travel is denied. lf 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) lf a sub recipient is required to issue a Notification, as perthis section, the sub recipient may contact
inb USruO Cognizant Teihnical Officer directly, or the prime may contact USAID on the sub recipient's
behalf.
c. SECURITY ISSUESRecipients are encouraged to obtain the latest Department of State Travel Advisory Notices before
travelling. These Noticel are available to the general public and may be obtained directly from the State
Department, or via Internet.
\A/here 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 CURRENCYTravel to certain countries shall, at USAID's option, be funded from U.S.-owned local currency. When
usAlD 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 ACTThe Fly America Act (49 U.S.C. 401 18) 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 Adhinistration (GSA) is authorized to issue regulations for purposes ot
implementation. Those regulations may be found at 4'l CFR part 301, and are hereby incorporated by
reference into this award.
f. COST PRINCIPLESThe 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 recipieni's applicable cost principles and established policies and practices which are uniformly
applied to federally financed and other activities of the recipient.
lf 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
Regulationi (Government Civilians, Foreign Areas), published by the U.S. Department of State, as from
timE to time amended. The most cunent subsistence, post differentials, and other allowances may be
obtained from the Agreement Officer. 3 |
g. SUBAWARDSihis orovision will be included in all sub awards and contracts which require international air travel and
transDortation under this award.
IEND OF PROVISIONI
4. OCEAN SHIPMENT OF GOODS (JUNE 1999)
a. At least 50% of the gross tonnage of all goods purchased under this award and transported to the
cooperating countries;hall be maie on privately owned U.S. flag commercial ocean vessels, to the
extent such vessets are available at fair and reasonable rates'
b. At least 50% of the gross freight revenue generated by shipments of goods purchased under this
award and transported to the co-operating co-untries on dry cargo liners shall be paid to or for the benefit
of privately o*ned U.S. flag commercial-ocean vessels tothe extent such vessels are available at fair
and reasonable rates for such vessels.
c. when U.s. 1ag vessels are not available, or their use would result in a significant delay, the recipient
may request a ditermination of non-availability from the USAID, Transportation and_Commodities
Oivision, Office of Procurement, 13OO Pennsy-lvania Avenue, N.W., Washington' D.C. 20523, giving the
basis foi the request which will relieve the recipient of the requirement to use U S. flag vessels for the
amount of tonnage included in the determination. Shipments made on non-free world ocean vessels
are not reimbursable under this award.
d. The recipient shall send a copy of each ocean bill of lading, stating all of the carrie/.s charges
including the basis for calculation such as weight or cubic measurement, covering a shipment under
this agreement to:
U.S. Deoartment of Transportation,Maritime Administration, Division of National Cargo'400 7th Street. S.W.,Washington DC 20590, andU.S. Agency for International Development'Office of Procurement, Transportation Division1300 Pennsylvania Avenue, N.W.Washington, DC 20523-7900
e. shipments by voluntary nonprofit relief agencies (i.e., PVOs) shall be govern€d by this
standard provision and by USAID Regulation 2, "Overseas Shipments of Supplies by
Voluntary Nonprofit Relief Agencies" (22 CFR 202)-
f. Shipments financed under this award must meet applicable eligibility requirements set out in 22 CFR
228.21.
g. This provision will be included in all sub-agreements which will finance goods to be shipped on
ocean vessels.
IEND OF PROVISIONI
\N.,92 '.
5. PROCUREMENT OF GOODS AND SERVICES (OCTOBER 1998)
The recipient may use its own procurement policies and practices for the procurement of goods andservices under this award, provided they conform to all of USAID's requirements listed below and thestandard provision entitled "USAID Eligibility Rules For Goods and Services".
a. General Requirements:
('1) The recipient shall maintain a written code or standards of conduct that shall govern theperformance of its employees engaged in the awarding and administration of contracts. No employee,officer, or agent shall participate in the selection, award, or administration of a contract supported by
Federal funds if a real or apparent conflict of interest would be involved. Such conflict would arise whenthe employee, officer or agent, or any member of the employee's immediate family, the employee'spartner, or an organization which employs or is about to employ any of the parties indicated herein, has
a financial or other interest in the firm selected for an award. The officers, employees, and agents of therecipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from
contractors or parties to sub-agreements. However, recipients may set standards for situations in which
the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standardsof conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the recipient.
(2) All procurement transactions shall be conducted in a mannerto provide, to the maxamum extentpractical, open and free competition. The recipient shall be alert to organizational conflicts of interest as
well as non-competitive practices among contractors that may restrict or eliminate competition orotherwise restrain trade. ln order to ensure objective contractor performance and eliminale unfaircompetitive advantage, contractors that develop or draft specifications, requirements, statements ofwork, invitations for bids, and/or requests for proposals shall be excluded from competing for suchprocurements. Contracts shall be made to the offer or whose offer is responsive to the solicitation and
is most advantageous to the recipient, price, quality, and other factors considered. Solicitations shallclearly establish all requirements that the bidder or offer or shall fulfil in order to be evaluated by therecipient. Any and all offers may be rejected when it is in the recipient's interest to do so.
(3) All recipients shall establish written procurement procedures. These procedures shall provide, at a
minimum. that:
(i) Recipients avoid purchasing unnecessary items,
(ii) Where appropriate, an analysis is made of lease and purchase alternatives to determine whichwould be the most economical and practical procurement, and
(iii) Solicitations for goods and services provide for all of the following:
(A) A clear and accurate description of the technical requirements for the material, product orservice to be procured. ln competitive procurements, such a description shall not containfeatures which unduly restrict competition.
(B) Requirements which the bidder/offeror must fulfill and all other factors to be used inevaluating bids or proposals.
5J
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(c) A description, whenever practicable, of technical requirements in terms of functions to be
performed or performance required, including the range of acceptable characteristics or
minimum accePtable standards.
(D) The specific features of "brand name or equal" descriptions that bidders are required to
meet when such items are included in the solicitation.
(E) The acceptance, to the extent practicable and economically feasible, of products and
services dimensioned in the metric system of measurement'
(F) preference, to the extent practicable and economically feasible, for products and services
ihat conserve natural resources and protect the environment and are energy efficient'
(iv) positive efforts shall be made by the recipients to utilize U.S. small business, minority owned firms,
and women's business enterprises, whenever possible. Recipients of usAlD awards shall take all of
the following steps to further this goal:
(A) Make information on forthcoming opportunities available and arrange time frames forpurchases and contracts to encoura-ge-and facilitate participation by small businesses' minority-
owned firms, and women's businesJenterprises. To permit USAID, in accordance with the small
business provisions of the Foreign Assistance Act of 1961 , as amended, to give United States
small business firms an opportunity to participate in supplying commodities and servicesprocured under the award, the recipient shall to the maximum extent possible provide the
iollowing information to the Office of Small and Disadvantaged Business Utilization(OSDB'/MRC), USAID, Washington, D.C. 20523, at least 45 days prior to placing any order or
contract in excess of $100,000:
(a) Brief general description and quantity of goods or services;
(b) Closing date for receiving quotations, proposals, or bids; and
(c) Address where solicitations or specifications can be obtained.
(B) Consider in the contract process whether firms competing for larger contracts intend to
subcontract with small businesses, minority-owned firms, and women's business enterprises'
(C) Encourage contracting with consortiums of small businesses, minority-owned firms, and
women's business enterprlses when a contract is too large for one of these firms to handle
individually.
(D) Use the services and assistance, as appropriate, of such organizations as the smallBusiness Administration and the Department of Commerce's Minority Business Development
Agency in the solicitation and utilization of small businesses, minority-owned firms, and
women's business enterprises.
(v) The type of procurement instruments used, (e.g. fixed price contracts, cost reimbursable contracts,purchase orders, incentive contracts), shall be determined by the recipient but shallbe appropriate forihe particular procurement and for promoting the best interest of the program or project involved. The
"cost-plus-percentage-of-cost" ori'percentage of construction cost" methods of contracting shall not be used.
34
s,a*'.
(vi) Contracts shall be made only with responsible contractors who possess the potential.ability to
perfor. suc""rrfully under the terms and conditions of the proposed procurement..Consideration shall
be given to such mitters as contractor integrity, record ofpast performance, financial and technical
,".6rrc"., or accessibility to other necessary resources. Contracts shall not be made with firms or
individuals whose name appears on the "Lisis of Parties Excluded from Federal Procurement and Non
procurement Programs." USAID will provide the grantee with copy of this list upon request.
(vii) Recipients shall, on request, make available for USAID, pre-award review and procurement
documents, such as requesi for proposals or invitations for bids, independent cost estimates' etc.,
when any of the following conditions apply:
(A) A recipient,s procurement procedures or operation fails to comply with the procurement standards in
this part, and
(B) The procurement is expected to exceed $10'000.
(viii) The recipient shall document some form of price or cost analysis in its procurement files in
connection with every procurement action. Price analysis may be accomplished in various ways,
including the comparison of price quotations submitted, and market prices, together with.discounts.
Cost anilysis is the review and evaluation of each element of cost to determine reasonableness,
allocation, and allowability.
(ix) procurement records and files for purchases in excess of the recipient's own small purchase
threshold shall include the following at a minimum:
(A) Basis for contractor selection;
(B) Justification for lack of competition when competitive bids or offers are not obtained, and;
(C) Basis for award cost or Price.
(x) A system for contract administration shall be maintained to ensure contractor conformance with
ierms, conOitions, and specifications of the contract and to ensure adequate and timely follow up of all
purchases. Reciiients shall evaluate contractor performance and document, as appropriate, whether
contractors have met the terms, conditions, and specifications of the contract'
b. The recipient shall include, in addition to provisions to define a sound and complete contract, lhe
following provisions in all contracts. The following provisions shall also be applied to subcontracts.
(1) Contracts in excess of $10,OOO shall contain contractual provisions or conditions that allow for
idministrative, contractual, or iegal remedies in instances in which a contractor violates or breaches the
contract terms, and provide for such remedial actions as may be appropriate'
(2) All conkacts in excess of $1O,0OO shall contain suitable provisions for-termination by.the recipient,'inlfrJing the manner by which termination will be effected and the basis for settlement. In addition'
such co;tracts shall delcribe conditions under which the contract may be terminated for default as well
as conditions where the contract may be terminated because of circumstances beyond the control of
the contractor.
(3) All negotiated contracts (except those for less than the_recipient's small purch.ase. threshold)
l*"rO"a -UV
the recipient shitt lnituOe a provision to the effect that the recipient, USAID' the
Comptroller Generai of the United Statei, or any of their duly authorized representatives., shall have
access to any books, documents, papers, and records of the contractor which are directly pertinent to
the specific program for the purpoie of making audits, examinations, excerpts and transcriptions.
(4) In all contracts for construction or facility improvement awarded for more than $100'000' the
recipient shall observe generally accepted bonding requirements'
(5) Contracts, the principal purpose of which is to create, develop, or improve products-, processes' or
methodr; or for exploraiion into fields that directly concern public health, safety, or welfare; or contracts
in the fields of science or technology in which there has been little significant experience outside of
work funded by the U.S. Governm6nt, shall contain a notice to the effect that matters regarding rights to
inventions, intellectual property, and materials generated under the contract are subject io the
regulations included inihese jrant provisions. ihe contractor shall be advised as to the source of
additional information regarding these matters.
IEND OF PROVISIONI
6, USAID ELIGIBILITY RULES FOR GOODS AND SERVICES (SEPTEMBER 1998)
a. Ineligible and Restricted Goods and Services: USAID's policies on ineligible and restricted goods
and services are contained in ADS Chapter 312. (See ADS 312)
(1) Ineligible Goods and Services. Under no circumstances shall the recipient procure any of the
following under this award:
(i) Military equipment,
(ii) Surveillance equipment,
(iii) Commodities and services for support of police or other law enforcement activities,
(iv) Abortion equipment and services,
(v) Luxury goods and gambling equipment, or
(vi) Weather modification equipment.
(2) Ineligible Suppliers. Funds provided under this award shall not be used to procure any goods or
services furnished by any firm or individual whose name appears on the"Lists of Parties Exciuded from Federal Procurement and Non procurement Programs." USAID willprovide the recipient with this list upon request.
(3) Restricted Goods. The recipient shall not procure any of the following goods and services without
the prior approval of the Agreement Officer:
(i) Agricultural commodities,
(ii) Motor vehicles, ^.
l2v
(iii) Pharmaceuticals,
(iv) Pesticides,
(v) Used equiPment,
(vi) U.S. Government-owned excess property' or
(vii) Fertilizer.
Prior approval will be deemed to have been met when:
(i) The item is of U.S. source/origin:
(ii) The item has been identified and incorporated in the program description or schedule of the
award (initial or revisions), or amendments to the award; and
(iii) The costs related to the item are incorporated in the approved budget of the award. where
the item has not been incorporated into the award as described above, a separate written
authorization from the Agreement officer must be provided before the item is procured.
b. Source, Origin, and Nationality: The eligibility rules for goods and services based on source, origin,
and nationality-aie divided into two categdries. One applies when the total procurement element during
the life of the iward is over $250,000 and the other applies when the total procurement element during
the life of the award is not over $25O,OOO, or the award is funded under the Development Fund for
Africa (DFA) regardless of the amount. The total procurement element includes procurement of all
g;od.i".g. iqrlpment, materiats, suppties) and services. Guidance on the eligibility of specific goods
6r."rtei may'be obtained from the Agreement Officer. USAID policies and definitions on source,
origin and nationality are contained in 2, CFR 228, Rules on Source, Origin and Nationality for
cimmodities and slrvices Financed by the Agency for International Development' which is
incoroorated into this Award in its entirety. A copy will be provided upon request.
(.1) For DFA funded awards or when the total procurement element during the life of the award is valued
at $250,000 or less, the following rules apply:
(i) The authorized source for procurement of all goods and services to be reimbursed under the
award is USAID Geographic Code 935, "Special FreeWodd,,,and such goods and services must meet the source, origin and nationality requirements
set forttr in 22 CFR 228 in accordance with the following order of preference:
(A) The United States (USAID Geographic Code 000),
(B) The Cooperating Country,
(C) USAID GeograPhic Code 941, and
(D) USAID GeograPhic Code 935.
5t
(ii) Application of order of Preference: when the recipient procures good_s and services from
other than u.s. sources, under the order of preference in paragraph (b)(1)(i) above' the
recipient shall documeni 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 ofthe
following reasons, which will be set forth in the recipient's documentation:
(A) The procurement was of an emergency nature, which would not allow for the delay
attendant to soliciting U.S. sources,
(B) The price differential for procurement from U.S' sources exceeded by
50% or more the delivered price from the non-U.S. source,
(C) Compelling local political considerations precluded consideration of U.S. sources,
(D) The goods or services were not available from U'S sources' or
(E) Procurement of locally available goods and services, as opposed to procurement of u.s.goods and services, wouid best promote theobjectives 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 Ofticer, all
goods and services financed with U.5. d'ollars, which will be reimbursed under this award must meet
ih" ,orrce, (including origin) and nationality requirements set forth in 22 CFR 228 for the authorized
geographic iode spdcified in the schedule of this award. lf none is specified, the authorized source is
Code 000. the United States.
c. printed or Audio-Visual Teaching Materials: lf 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 aciivities financed by USAID in whole or in part and if other funds
including U.S.-owned' oiU.S.-controlled local cu;rencies are not readily available lo-finance the
procureitent of such materials, local language versions may be procured from the following sources in
order of preference:
(1) The United States (USAID Geographic Code 000)'
(2) The Cooperating Country,
(3) "Selected Free World" countries (USAID Geographic Code 941)'
(4) "Special Free World" countries (USAID Geographic Code 899).
d. tf USAID determines that the recipient has procured any of these specific restricted goods under this
award without the prior written authorization of the Agreement Officer, and has received payment forsuch purposes, the Agreement Officer may require the recipient to refund the entire amount of the
Durchase.
e. This provision will be included in all sub-agreements which include procurement of goods or services
which total over $5.000.
l4v.
IEND OF PROVISIONI
7. SUB-AGREEMENTS (OCTOBER 1998)
a. Sub awards shall be made only with responsible recipients who possess the potential ability toperform successfully under the terms and conditions of a proposed agreement. Consideration shall be
given to such matters as integrity, record of past performance, financial and technical resources, or
iccessibility to other necessary resources. Awards shall not be made to firms or individuals whose
name appears on the "Lists of Parties Excluded from Federal Procurement and NonprocurementPrograms." USAID will provide the grantee with a copy of this list upon request.
b. All sub-agreements shall at a minimum contain provisions to define a sound and complete
agreement in addition to those that are specifically required by any other provisions in this award.
Whenever a provision within this award is required to be inserted in a sub-agreement, the reciplent
shall insert a statement in the sub-agreement that in all instances where USAID is mentioned, therecipient's name will be substituted. lf sub-agreements are being made to U.S. organizations, a
suggested subaward format incorporating 22 CFR 226 and Standard Provisions will be provided.
IEND OF PROVISIONI
8. LOCAL PROCUREMENT (OCTOBER 1998)
a. Financing local procurement involves the use of appropriated funds to finance the procurement ofgoods and iervices supplied by local businesses, dealers, or producers, with payment normally being
in the currency of the cooperating country. Regardless of which source, origin, and nationality rules in
paragraph (b) of the Provision entitled "USAID Eligibility Rules for Goods and Services" apply, these
rules may be followed for local procurement. Rules on Ineligible and Restricted goods continue toapply.
b. Locally financed procurements must be covered by source and nationality waivers as set forth in 22
CFR 22ti, Subpart F, except as provided for in the Standard Provision "USAID Eligibility Rules forGoods 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 seryices;
(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
mitter, can only be acquired, performed, or incurred in the cooperating country, e.9., vehicle
maintenance, hotel accommodations, elc.
c. The coverage on ineligible and restricted goods and services in the standard provision entitled,.USAID Eligibiiity Rules ior Goods and Services," also apply to local procurement.
d. This provision will be included in all sub-agreements where local procurement of goods or services
will be financed with USAID funds.
IEND OF PROVISIONI9. (RESERVED)
10. PUBLICATIONS AND MEDIA RELEASES (MARCH 2006)
a. The recipient shall provide the USAID Cognizant Technical Officer one copy of all published works
developed under the award with lists of othei written work produced under the award. In addition, the
recipient shall submit final documents in electronic format unless no electronic version exists at the
following address:
Online (prefened):http://www.dec. org/submit.cf mMailing address:Document AcquisitionsUSAID Development Experience Clearinghouse (DEC)
8403 Colesville Road Suite 210Silver Spring, MD 20910-6368Contact InformationTelephone (301) 562-0O41Fax (301) 588-7787E-mail: [email protected]
Electronic documents must consist of only one electronic file that comprises the complete and final
equivalent of a hard copy. They may be submitted online (prefered); on 3.5" diskettes, a Zip disk' CD-
R, or by e-mail. Eleckonic documenis should be in PDF (Portable Document Format). Submission in
other formats is acceptable but discouraged.
Each document submitted should contain essential bibliographic elements, such as 1) descriptive title;
2) author(s) name; 3) award number; 4) sponsoring usAlD office; 5) skategic objective; and 6) date ofpublication;:
b. ln the event award funds are used to underwrite the cost of publishing, in lieu of the publisher
assuming this cost as is the normal practice, any profits or royalties up to the amount of such cost shall
,4 S{*
be credited to the award unless the schedule of the award has identified the profits or royalties asprogram Income.
c. Except as otheruise provided in the terms and conditions of the award, the author or the recipient is
free to copyright any books, publications, or other copyrightable materials developed in the course of or
under this award, but USAID reserves a royalty-free nonexclusive and irrevocable right to reproduce,publish, or otherwise use, and to authorize others to use the work for Government purposes.
IEND OF PROVISIONI11. (RESERVED)
12. REGULATIONS GOVERNING EMPLOYEES (JUNE 1993)
a. The recipient's employees shall maintain private status and may not rely on local U.s.Government offlces or facilities for support while under this recipient.
b. The sale of personal property or automobiles by recipient employees and their dependents in the
foreign country to which they are assigned shall be subject to the same limitations and prohibitions
which apply to direct-hire USAID personnel employed by the Mission including the rules contained in 22
CFR Part 136, except as this may conflict with host government regulations.
c. Other than work to be performed under this award for which an employee is assigned by therecipient, 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, oroccupation in the foreign countries to which the individual is assigned, nor shall the individual make
loans or investments to or in any business, profession, or occupation in the foreign countries to which
the individual is assigned.
d. The recipient's employees, while in a foreign country, are expected to show respect for its
convention, customs, and institutions, to abide by its applicable laws and regulations, and not to
interfere in its internal political affairs.
e. In the event the conduct of any recipient employee is not in accordance with the precedingparagraphs, 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 fiom this award of any third country national when, in the discretion of the
Ambassador, the interests of the United States so require.
g. lf it is determined, under either (e) or (f) above, that the services of such employee shall be
Grminated. the recipient shall use its best efforts to cause the return of such employee to the United
States, or point of origin, as appropriate.
IEND OF PROVISIONI
1 3. PARTICTPANT TRAINING (OCTOBER 1998)
4l
,%- v
program for which the equipment was originally acquired. User charges shall be treated as program
income.
4) When acquiring replacement equipment, the recipient may use the equipment to be replaced as
trade-in or sell th- equipment and use the proceeds to offset the costs ofthe replacement equipment
subject to the approval of the Agreement Officer.
5) The recipient's property management standards for equipment acquired with U.S. Government funds
and federally-owned equipment shall include all of the following:
i) Equipment records shall be maintained accurately and shall include the following information:
A) A description of the equiPment,
B) Manufacture/s serial number, model number, U.S. Government stock number, national stock
number. or other identification number;
C) Source of the equipment, including the award number;
D) Whether title vests in the recipient, the u.s. Government or other specified entity;
E) Acquisition date (or date received, if the equipment was furnished by the U.S.
Government) and cost;
F) Information from which on can calculate the percentage of U.S. Government participation in
the cot of the equipment (not applicable to equipment furnished by the u.s. Government);
G) Location and condition of the equipment and the date the information was reported;
H) Unit acquisition cost;
l) Ultimate disposition data, including date of disposal and sales price or the method used to
determine current fair market value where a recipient compensated USAID for its share.
ii) A physical inventory of equipment shall be taken and the results reconciled with the
equipm'ent records at least once every two years. Any differences between quantities
determined by the physical inspection and those shown in the accounting records shall be
investigated tb determine the causes of the difference. The recipient shall, in connection with
the invLntory, verify the existence, current utilization, and continued need for the equipment
iii) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or
theft of the equipment. Any loss, damage, or theft shall be investigated and fully documented
and the recipient shall promptly notify the Agreement Officer'
iv) Adequate maintenance procedures shall be implemented to keep the equipment in good
condition;
v) Where the recipient is authorized or required to sell the equipment, proper sales procedures
shall be established which provide for competition to the extent practicable and result in the
highest possible return. 43
zrv
a. Definitions: A participant is any non-U.S. individual being trained under this award outside of that
individual's home country.
b. Application of ADS Chapter 253: Participant training under this award shall comply with the policies
estabiished in ADS Chapter 253, Participant Training (including TrainNet requirements), except to the
extent that specific exceptions to ADS 253 have been provided in this award with the concurrence ofthe Global Bureau,s center for Human capacity Development. (see ADS 253) (ADS 253 may be
obtained by submitting a request to the Agreement Officer.)
c. Orientation: In addition to the mandatory requirements in ADS 253, recipients are strongly
encouraged to provide, in collaboration wiih tne Mission training officer, pre-departure orientation and
orientation in Washington at the Washington International Center. The latter orientation program alsoprovides the opportunlty to arrange for home hospitality in Washington and elsewhere in the U.S.
ihrough liaison with the-National Council for International Visitors (NCIV). lf the Washington orientation
is detirmined not to be feasible, home hospitality can be arranged in most U.S. cities if a request forsuch is directed to the Agreement Officer, who will transmit the request to NCIV through R&O/IT
IEND OF PROVISIONI
14. (RESERVED)
15. (RESERVED)
16. (RESERVED)
17. TITLE TO AND USE OF PROPERTY (RECIPIENT TITLE; OVER $50,000) (OCTOBER1998)
a. Title to all property financed under this award shall vest in the recipient.
b. The recipient agrees to use and maintain the property for the purpose of the award in accordancewith the following procedures:
1) The recipient shall not use equipment acquired with U.S. Government funds to provide services tonon-U.S. Government outside organizations for a fee that is less than private companies charge forequivalent services.
2) The recipient shall use the equipment in the program for which it was acquired as long as needed,whether or not the program continues to be supported by U.S. Government funds and shall notencumber the property without approval of USAID. When no longer needed for the original program,the recipient shall use the equipment in connection with its other Federally-sponsored activities, in thefollowing order of priority:
i) Activities sponsored by USAID, then
ii) Activities sponsored by other U.S. Government agencies.
3) During the time that equipment is used on the program for which it was acquired, the recipient shallmake it available for use on other programs if such other use will not interfere with the work on the
42
,*- $.
6) When the recipient no longer needs the equipment, the equipment may be used for other activities in
accordance with the following standards:
i) For equipment with a current per unit fair market value of $5,000 or more, the recipient may
ietain thL equipment for other uses provided that compensation is made to USAID for its share.
ii) lf the recipient has no need for usAlD-financed equipment, the recipient shall request
disposition instructions from the Agreement Officer.
A) lf so instructed or if disposition instructions are not issued within 120 calendar days after the
recipient's request, the recipient shall sell the equipment and reimburse USAID its share. The
recipient shali be permitted to deduct and retain from the USAID share $500 orten percent of
the proceeds, whichever is less, for the recipient's selling and handling expenses.
B) lf the recipient is instructed to ship or otherwise dispose of the eguipment, the recipient will
be reimbursed by USAID for reasonable expenses incurred in disposition'
C) USAIO reserves the right to transfer the title to USAID or a third party. The equipment shall
be appropriately identified in the award or otherwise made known to the recipient in writing by
the Agreementbfficer. When USAID exercises its right to take title, the equipm_ent shall be
subjeit to the Standard Provision entitled "Title to and Care of Property" (U.S. Government
Tiile).
D) Within 90 calendar days after the date of completion of the award the recipient shall submit
an inventory of all properiy with the final performance report. The final inventory shall list all
equipment acquired with award funds or received from USAID.
E) Tifle to supplies and other expendable equipment shall vest in the recipient upon acquisition.
lf there is a residual inventory of nedunused supplies exceeding $5,000 in total aggregatevalue upon termination or completion ofthe project or program and the supplies are not needed
for any other u.s. Govemmenf sponsored project or program, the recipient may retain the
supplils but must compensate USAID for its share. The recipient shall not use supplies
acquired with USAID funds to provide services to outside organizations for a fee that is less
than private companies charge for equivalent services, unless specifically authorized by U S.
Government statute as long is the U.S. Government retains an inierest in lhe supplies.
F) Recipients shall, at a minimum, provide the equivalent insurance coverage for real property
and equipment acquired with Federal funds as provided to property owned by the recipient.
G) lf the purchase of real property (meaning land, land improvements, structures, andappurtenances thereto) is supported under the award, separate instructions will be provided to
the recipient by the Agreement Officer.
18. (RESERVED)
19. (RESERVED)
IEND OF PROVISIONI
44
20. (RESERVED)
21. (RESERVED)
22. PUBLIC NOTICES (JUNE 1993)
It is USAID's policy to inform the public as fully as possible of its programs and activities. The reciplent
is encouraged to give public notice of the receipt of this award and, from time to time, to announceprogress and accomplishments. Press releases or other public notices should include a statement
substantially as follows:
"The U.S. Agency for International Development administers the U.S. foreign assistance program
providing economic and humanitarian assistance in more than 80 countries worldwide." The recipient
may calion USAID's Office of External Affairs for advice regarding public notices. The_recipient is
requested to provide copies of notices or announcements to the cognizant technical officer and to
usAlD's office of Legislative and Public Affairs as far in advance of release as possible.
IEND OF PROVISIONI23. (RESERVED)
24. RESERVED
25. PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS (JUNE 1999)
a. 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 tohave been engaged in drug trafficking as defined in 22 CFR Part 140.
b. ( 1) For any loan over 91000 made under this agreement, the recipient shall insert a clause in lheloan'agreement stating that the loan is subject to immediate cancellation, acceleration, recall or refund
by thelecipient if the borrower or a key individual of a borrower 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.
(2) Upon notice by USAID of a determination under section (1) and at USAID's option, the recipient
agrees to immediately cancel, accelerate or recall the loan, including refund in full of the outstandingbilance. USAID reserves the right to have the loan refund returned to USAID.
c. (1) The recipient agrees not to disburse, or sign documents commifting the recipient to disburse,
fundi to a sub recipiJnt designated by USAID ("Designated Sub recipient") until advised by USAID that:(i) any United States Government review of the Designated Sub recipient and its key individuals has
been completed; (ii) any related certifications have been obtained; and (iii) the assistance to the
Designated Sub recipient has been approved. Designation means that the sub recipient has been
unilaterally selected by USAID as the sub recipient. USAID approval of a sub recipient, selected by
another party, or joint selection by USAID and another party is not designation.
(2) The recipient shall insert the following clause, or its substance, in its agreement with the Designated
Sub recipient:
"The recipient reserves the right to terminate this [Agreemenvcontract] or take other
appropriate measures if the [Subrecipient] or a key individual of the [Subrecpient] is fo_und to have
been convicted of a narcotic offense or to have been engaged in drug trafficking as defined in 22 CFR
Part'140."
IEND OF PROVISIONI
26. INVESTMENT PROMOTION (NOVEMBER 2OO3)
a. Except as specifically set forth in this award or otherwise authorized by USAID in writing, no funds or
other support provided iereunder may be used for any activity that involves investment promotion in a
foreign country.
b. In the event the recipient is requested or wishes to provide assistance in the above area or requlres
clarification from USAIb as to whether the activity would be consistent with the limitation set forth
above, the recipient must notify the Agreement Officer and provide a detailed descriplion of theproposed activity. The recipient must not proceed with the activity until advised by USAID that it may do
so.
c. The recipient must ensure that its employees and sub-recipients and contractors providing
investmeni promotion services hereunder are made aware of the restrictions set forth in this clause and
must include this clause in all contracts and other sub-agreements entered into hereunder'
IEND OF PROVISIONI
27. REPORTING OF FOREIGN TMES (MARCH 2006)
a. The recipient must annually submit a report by April 16 of the next year.
b. Contents of Report. The report must contain:(i) Contractor/recipient name.
(ii) Contact name with phone, fax and email.
(iii) Agreement number(s).
(iv) Amount of foreign taxes assessed by a foreign government leach foreigngovernment must be listed separatelyl on commodity purchase transactions valued at $500 ormore financed with U.S. foreign assistance funds under this agreement during the prior U.S.
fiscal year.
(v) Only foreign taxes assessed by the foreign government in the country receiving U.S.assistance are to be reported. Foreign taxes by a third party foreign government are not to be
reported. For example, if an assistance program for Lesotho involves the purchase ofcommodities in South Africa using foreign assistance funds, any taxes imposed by South Africawould not be reported in the report for Lesotho (or South Africa)'
(vi) Any reimbursements received by the Recipient during the period in (iv) regardless of whenthe foreign tax was assessed and any reimbursements on the taxes reported in (iv) receivedthrough March 31.
46
/s2 s
(vii) Reports are required even if the recipient did not pay any taxes during the report period.
(viii) cumulative reports may be provided if the recipient is implementing more than oneprogram in a foreign country.
c. Definitions. For purposes of this clause:
(i) "Agreement" includes USAID direct and country contracts, grants, cooperative agreements andinteragency agreements.
(ii) "Commodity' means any material, article, supply, goods, or equipment.
(iii) "Foreign government" includes any foreign governmental entity
(iv) "Foreign taxes" means value-added taxes and custom duties assessed by a foreign government on
a commodity. lt does not include foreign sales taxes.
d. Where. Submit the reports to OFM: [email protected] , Copy the AOTR andAgreement Officer.
e. Sub-agreements. The recipient must include this reporting requirement in all applicable subcontracts,sub grants and other sub-agreements.
f. For further information see http://www.state.gov/m/rm/c10443.htm.
IEND OF PROVISIONI
28. FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES(JANUARY 2002)
Funds in this agreement may not be used to finance the travel, per diem, hotel expenses, meals,
conference fees or other conference costs for any member of a foreign government's delegation to aninternational conference sponsored by a public international organization, except as provided in ADSMandatory Reference "Guidance on Funding Foreign Government Delegations to InternationalConferences or as approved by the Agreement Officer.
IEND OF PROVISIONI29. (RESERVED)
30. (RESERVED)
31. (RESERVED)
32. (RESERVED)
33. (RESERVED)
34. USAID DISABILITY POLICY - ASSISTANCE (DECEMBER 2004)
47
IEND OF PROVISIONI
IEND OF STANDARD PROVISIONS]
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
indivi-iduals with disabilities in USAID policy, country and sector strategies, activity designs and
implementation; (2) to increase awarenes; of issues of people with disabilities both within USAID
programs and in host countries: (3) to engage other U.S. government agencies, host country
iou"nterparts, governments, implimentind organizations and other donors in fostering a climate of
nondiscriminalion against people with diJabilitles; 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://pdf . dec.org/pdf-docs/PDABQ63 1 . pdf .
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 obiectives
ot ine USntO Disability policy in p'ertdrming the program under this granl 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.
48
z?$
PREFATORY NOTE ATTACHMENT-D
The two documents attached, the 'Branding Strategy'and the'Marking Plan', together constitute what
may be termed as the 'Communications Strategy'for RSPN's ASP Component. The pran of the
communications strategy is laid out in Section 2c of the Branding Strategy while budgef of the
communications shategy is laid out in Table 2 (Section 3) of the Marking Plan.
Please note that this communications strategy only applies to the program that specifically constitutes
RSpN's ASp Component. Therefore, the standalone name introduced and used in the strategy,
'pAlDARl', refers ont to the program that specifically constitutes RSPN's ASP Component. PAIDARI is
a distinct Urdu word, which variously means 'durability', 'sustainability' and 'strength'. lt, therefore, in
conformity with USAID guidelines, is not an abbreviation.
This Communication Ptan is subjecl to change and therefore the NRSP and the PPOs will be notified
the amendments in it.
The Communication Plan identifies the Central Program Office (CPO) and the Provincial Program
Offices (PPOs) but wherever the TREM RSPN has been mentioned it also includes the PPOS as well.
49
,4.s
BRANDING STRATEGY
PROGRAM TITLE
Assessment and StrengtheningGovernment of Pakistan (GOP)
(ASP) for Civil Society Organizations (CSOS) and
AGREEMENT NUMBER
391-A-00-1 1-01 201-00
PERIOD OF ACTIVITY
12 October 2010 to 1 1 October 2015
IMPLEMENTING ORGANIZATION
Rural Support Programmes Network (RSPN)
DATE
26 November 2010
1. POSITIONING
a) Program Name and its Public Reference
o The program's standalone name will be PAIDARI. PAIDARI is an Urdu word which variously
means 'durability', 'sustainability' and 'strength'. lt, therefore, succinctly captures the underlying
objective of the program, which is the strengthening of institutions in Pakistan. The word can be
readily articulated, and is easily intelligible, in Pakistan's local vernaculars.
(n
please note that PAIDARI relerc onty to the program that specifically constitutes RSPN's ASP
Component. lt may, however, be advisable that instead of individual program names for each of
the ASP Component programs, a universal program name be devised and agreed upon, which
applies to and is shared by all ASP Components, that of LUMS, AiD and RSPN'
r In all public communications (speeches, press releases, event and other materials)' it will be
specifically referred to as "the United States Agency for International Development (USAID)'s
PAIDARI program".
b) Public Reference to Program Ownership
o ln the text of all public communications (speeches, press releases, event and other materials),
the United States Agency for International Development (USAID) will be referred to as the
owner of the program while the Rural Support Programmes Network (RSPN) will be referred to
as the implementing organization of the program'
. For example: "the United States Agency for International Development (USAID)'s PAIDARI
program.....this program is being implemented by RSPN'.
Program Name in Local Contexts
. In applicable local languages (including Urdu, Sindhi, Puniabi, Pashto, Balochi), the program will
be called PAIDARI and written as PAIDARI in the local script. Therefore, for example,
specifically in the case of the national language of Pakistan, Urdu, it will be written as lt?lucfrrJ.
PROGMM COMMUNICATIONS AND PUBLICITY
Target Audiences
. primary Audience: In order of descending importance, the primary audience of the program's
communications and publicity will consist of:
1) the beneficiaries of the program i.e. the selected governmental and civil society
organizations, and
2) the larger governmental and civil society sector within which the beneficiaries exist.
c)
2.
a)
5l
av
. secondary Audience: In order of descending importance, the secondary audience of the
program's communications and publicity will consist of:
1) the host population of Pakistan, whose institutions the program aims to strengthen, and
2)thedeve|opmentcommunityactivewithinPakistanthatsharestheprogram'sovera||
objectives.
b) Possib/e Main Program Messages
. Possible main program messages may be:
"Strengthening local institutions"
"Ensuring accountability in USAID funds utilization'
"Enhancing transparency in USAID funds utilization"
"Building management capacity of local management for aid effectiveness"
'Assessing and strengthening the capacity of local organizations in Pakistan"
"strengthening the capacity of local organizations in Pakistan"
'Building the capacity of local organizations in Pakistan"
"Developing the capacity of local organizations in Pakistan"
. The preferred program message will accompany the program name. Also, a collection of
bespoke program messages can be devised, specifically according to varying context and
relevance.
. Any and all program messages will be rendered in applicable local languages (including Urdu'
Sindhi, Punjabi, Pashto and Balochi).
52
ft$
Distinct from the main program messagE, the program's mission statement can be:
,,strengthening the management capacity of government and civil society organizations for the
transparent and accountable utilization of USAID resources to enhance aid efiectiveness''
53
c) communications anct program mateiats that wil! be used to explain/marke.t the program to beneficiaies and promote the program
among host country citizens
\
q
DISSEMINATIONCOMMUNICATIONSMATERIAL
STARTDATE
(TBC 1
MONTHPRIORTO
EXPECTEDDATE)
FREQUENCY AUDIENCE
1 Program Startup Workshop
1 Program Close-Out
21 January2011 Once Program Primary and
Secondary TargetAudience,
RSPN Partners,
Donors, RSPs,
CommunityOrganizations,
Policymakers,Academics,Researchers and Media
Coverage vta:
Provincial and National Print and Electronic
Media
PAIDARI Website
RSPN Website
PAIDARI e-Newsletter
54
Workshop
I October2015
Once
and Print Newsletter
RSPN e-Newsletter
and Print Newsletter
Program Fact Sheet andBrochure
31 December2010
Updated Annually,
CustomizedContextually
Program Primary andSecondary TargetAudience
Distributed at and Customized for All
Program Sites and Public Events
PAIDARI Website
RSPN Website
Startup
10 December2010
UpdatedRegularly
Program Primary andSecondary TargetAudience.
RSPN Partners,Donors, RSPs,CommunityOrganizations,
Policymakers,Academics,
lnternet
55
Researchers and Media
Press Releases
'14 January2011 lssued as
Necessary
Program Primary andSecondary TargetAudience,
Policymakers,Academics,Researchers and Media
RSPN Partners,Donors, RSPs,
CommunityOrganizations,
Provincial and National Print and ElectronicMedia
PAIDARI e-Newsletter
and Print Newsletter
RSPN e-Newsletter
and Print Newsletter
PAIDARI Website
Disseminated vra:
RSPN Website
\F
u56
Success Stories07 April 2011
Quarterly
USAID and USAIDTarget Audiences in the
Host Country
Program Primary and
Secondary TargetAudience.
RSPN Partners,Donors, RSPs,CommunityOrganizations,
Policymakers,Academics,Researchers and Media
Disseminated via:
USAID Newsletter
PAIDARI Website
RSPN Website
PAIDARI e-Newsletter
and Print Newsletter
RSPN e-Newsletter
and Print Newsletter
Quartedy Newsletter and e-Newsletter
07 April 201 1 Quarterly Program Primary andSecondary TargetAudience.
Newsletter:
Distributed to PAIDARI Mailing List
\
4
RSPN Partners,Donors, RSPs,CommunityOrganizations
e-Newsletter:
Distributed to PAIDARI and RSPN Emailing
List
PAIDARI Website
RSPN Website
Staff Orientation:
Communication Protocols in
Staff ToRs
Communication Guidelines
01 January2011
Updated Annuallyor as Necessary
Central and ProvincialPAIDARI Program Staff
Distributed and/or Elaborated at all Program
Sites and Before Public Events
Media lnterviews
(of CoP PAIDARI and/or CEO
14 July 2Q'11Annually and/oras Appropriate
Program Primary and
Television. Radio. Print and Web Media
58
4
RSPN;
Of Provincial PAIDARI
Representatives)
Secondary TargetAudience,
RSPN Partners,Donors, RSPs,CommunityOrganizations,
Policymakers,Academics,Researchers and Media
Beneficiary Testimonials andAccounts
07 July 2011lssued asNecessary
Program Primary andSecondary TargetAudience.
RSPN Partners,Donors, RSPs,CommunityOrganizations,
Policymakers,
Disseminated v,a:
PAIDARI Website
RSPN Website
PAIDARI e-Newsletter
59
Academics.Researchers and Media
and Print Newsletter
RSPN e-Newsletter
and Print Newsletter
Beneficiary Site VisitsJune 201 1
(TBD)Semi-Annually
Program Primary andSecondary TargetAudience,
RSPN Partners,
Donors, RSPs,CommunityOrganizations,
Policymakers,Academics,Researchers and Media
Disseminated vla:
PAIDARI Website
RSPN Website
PAIDARI e-Newsletter
and Print Newsletter
RSPN e-Newsletter
and Print Newsletter
\
//w'T--
60
PAIDARI Workshops
(Provisionaf ly Tilled N atio n al
Sta ke h olde rs Expe ie nce
Sharing and Leaming
Workshop)
1 5 December20't1
(TBD)
A Maximum of 25
5 National
(1 per Annum for5 Years)
20 Provincial
(1 per Annum forEach of 4Provinces for 5Years)
Program Primary andSecondary TargetAudience.
RSPN Partners,Donors, RSPs,CommunityOrganizations,
Policymakers,Academics,Researchers and Media
Coverage vta:
Provincial and National Print and Electronic
Media
PAIDARI Website
RSPN Website
PAIDARI e-Newsletter
and Print Newsletter
RSPN e-Newsletter
and Print Newsletter
Program Publication (e.9.
Research Documents)Announcements andPromotions
02 January2012
Arranged asNecessary
Program Primary and
Secondary TargetAudience. Disseminated via:
\
q 6l
RSPN Partners,Donors, RSPs,CommunityOrganizations,
Policymakers,Academics,Researchers and Media
PAIDARI Workshops
PAIDARI Website
RSPN Website
PAIDARI e-Newsletter
and Print Newsletter
RSPN e-Newsletter
and Print Newsletter
Public Event Material,including:
Banners (Horizontal andVertical)
Event Brochure
14 January2011
Ordered asNecessary
Program Primary and
Secondary TargetAudience,
RSPN Partners,Donors. RSPs.
Distributed or Placed at All Public Events
\
q62
lnvitations
Photography
PAIDARI Staff lDs
CommunityOrganizations,
Policymakers,Academics,Researchers and Media
Program Site Material,including:
Annual Report
Folders
PAIDARI Staff Ofiice Cards
Letterheads and EnveloPs
Office Building and Lobby
Signs
Pens
Notepads
31 December2010
Ordered as
Necessary
Central and ProvincialPAIDARI ProgramStaff,
Program Primary andSecondary TargetAudience
Distributed at and Customized for All
Program Sites
63
Assessment and Strengthening Program (ASP) for Civil Society Organization (CSO) and Government of
Pakistan (GOPI
d) conveying the Message 'From the Ameican People" through Public communications
. All program communication materials will carry the USAID logo conveying the message (that the
assistance is\ "from the American people" in English, Urdu and/or any other applicable local
language (including Sindhi, Punjabi, Pashto and Balochi).
. At each public event, program staff will inlroduce the program by saying the following:
"PAIDARI is part of a five-year, $45 million effort by the U.S. Agency for International
Development (USAID) to build the capacity of local organizations in Pakistan so that they are
able to effectively manage assistance from the American people."
. The program will use the USAID identity in all public communications (events and materials
likewise). All public printed, video, and audio materials will also include a disclaimer (text
included in the marking plan) to identify parties responsible for the contents.
e) The Use of the USAID identity
The program will use guidance set in the USAID Graphic Standards Manual
(http://www.usaid.oov/brandino/osm.html) related to the use of the USAID identity.
3. ACKNOWLEDGEMENT OF OTHER ORGANIZATIONS
The two other program partners in ASP, namely Lahore University of Management Sciences (LUMS)
and Associates in Development (AiD), will be referenced as ASP partners and given credit in
documents, and communications and promotional material related directly to them. LUMS and AiD
logos will be displayed on the right hand side or bottom (according to constraint and context) of all the
materials related directly to them.
64
lA\{
Assessment and Strengthening Program (ASP) for Civil Society Organization (CSO) and Government of
Pakistan (GoPl
4. COORDINATION WITH USAID ON PUBLICITY AND PROGRAM PROMOTION ISSUES
The program will submit any press releases, information about media events, to the USAID AOTR and
follow other relevant guidance set by the USAID/Pakistan.
Throughout the program implementation, (recipient organization) will provide to USAID:
. A monthly list of public events to be organized by the program, including approximate date,
location, and audience at least three weeks in advance of each programmed event. The
program will coordinate with USAID about all planned events with press participation, press
activities, press releases, as well as inclusion of USAID promotional materials for the
participants, participation of USAID/USG representatives.
. One success story every quarter with an accompanying photograph. The success stories will be
provided in a Word Document format and accompanied by a related photograph.
. At least 10 photographs every quarter which are illustrative of program's achievements in jpeg
format. The photographs will comply with a guidance provided in the USAID Graphic Standards
Manual, and be at least 500kb in size each. Each photograph will have a brief explanation about
its subject, and identify: the author and his/her organization, person(s) featured in the
photograph, and the location where the photograph was taken.
. Clippings of press articles that mention the program'
. At least 2 copies of all public communications materials produced by the program. In addition,
the recipient shall submit one electronic and/or one hard copy of all final documents to USAID's
Development Experience Clearinghouse.
65
/rv
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Assessment and strengthening Program (ASPI for civil society or8anization (cso) and Government of
Pakistan (GoPl
. At the end of the program, RSPN will present to USAID an overview of the implemented
publicity events and received media coverage.
In the event of changed circumstances for implementation of this Branding Strategy, RSPN, through its
AOTR, will submit to USAID a request to modify this plan and/or other related documents, such as the
Marking Plan.
66
,,'4\.{
Assessment and Strengthening Program (ASP) for Civil Society Organization (CSO) and Government of
Pakistan (GOP)
MARKING PLAN
PROGMM TITLE
Assessment and Strengthening Program (ASP) for Civil Society Organizations (CSOs) and
Govemment of Pakistan (GOP)
AGREEMENT NUMBER
391-A-00-1 1-01201-00
PERIOD OF ACTIVITY
12 October 2010 to 11 October 2015
IMPLEMENTING ORGANIZATION
Rural Support Programmes Network (RSPN)
DATE
26 November 2010
Rural Support Programmes Network
under this program, as outlined below.
(RSPN) will co-mark deliverables and public communications
.I. MARKING OF SUB-AWARDS
ot
Assessment and Strengthening Program (ASP) for Civil Society Organization (CSO) and Government of
Pakistan (GOP)
To ensure that program's sub-awards comply with the United States Agency for International
Development (USAID) marking requirements, RSPN will include the following marking provision in its
sub-grants:
'As a condition of the recipient of the sub-award, marking with the USAID ldentity of a size of
prominence equivalent to or greater than the recipient's, sub-recipient's, other donor's, or third party
is required. In event the recipient chooses not to require marking with its own identity or log with the
sub-recipient, USAID may, at its discretion, require marking by the sub-recipient with the USAID
ldentity."
2. DISCLAIMER LANGUAGE FOR PUBLICATIONS
All studies, reports, publications, web sites, and all informational and promotional products will feature
the following provision:
"This study/reporUwebsite is made possible by the support of the American people through the
United States Agency for International Development (USAID). The contents are the sole
responsibility of Rural Support Programmes Network (RSPN) and do not necessarily reflect the
views of USAID or the United States Government."
Translations in locally applicable languages (including Urdu, Sindhi, Punjabi, Pashto and Balochi) of
this provision will be prepared.
3. MARKING OF PROGRAM DELIVEMBLES AND PUBLIC COMMUNICATIONS
Rural Support Programmes Network (RSPN) will display the USAID identity prominently in all
communication products and describe the program as the United States Agency for lnternational
Development USAID's PAIDARI program in the following mannert:
I All USATD identities, logos and signs will be used according to ADS 320 and other USAID branding requirements.
ft#
Assessment and Strentthening Program (ASP) for Civil Society Organization (CSO) and Government of
Pakistan (GOP)
TABLE .I . MARKED DELIVERABLES AND PUBLIC COMMUNICATIONS
PROGRAM DELIVERABLE/
PUBLIC COMMUNICATION
PLACEMENT OF THE USAID
IDENTITY
DISCLAIMER. TEXT ABOUT
USAID
Press ReleasesPlaced on the upper left hand
side of the first page
Text about USAID to be included
in the first paragraph
Program Brochure and Fact
sheet
Placed on the upper left hand
side of the cover page
Text about USAID included as
the first paragraph; disclaimer at
the bottom of the back page
Annual Reoort and/or Other
Multiple Page Documents
Requiring a Cover Page
Placed on the upper left hand
side of the cover page
The disclaimer will be included
at the bottom of the back page
Event Banners (Horizontal and
Vertical)
Horizontal:
Placed on top left of the
banners
Vertical:
Placed on the top center of the
Danners
59
zv
Assessment and Strengthening Program (ASPI for Civil Society Organization (CSO) and Government of
Pakistan (GOP)
Event Brochure, LeafletsPlaced on the upper left hand
side of the cover pageText about USAID included as
the first paragraph; disclaimer at
the bottom of the back page
Event lnvitationsPlaced on top of the Invitation
Card
PAIDARI WebsitePlaced on the upper left hand
side of the front webpage
Disclaimer will be included at the
bottom of the webpage
e-Newsletter and QuarterlyNewsletter
Placed on the upper left hand
side of the cover pageText about USAID included as
the first paragraph; disclaimer at
the bottom of the back page
Program Office Material:
Folders
PAIDARI Staff Office Cards
Letterheads and Envelops
Office Building and Lobby Signs
Pens
No identity, but textual
reference to USAID and the
statement: "from the American
People'
Disclaimer placed where
possible
70
zv''
Assessment and stren*hening Program (ASP) for Civil Society Organization (CSO) and Government of
Pakistan (GOP)
Notepads
. For the specific placement of the USAID identity on any printed matter, the program will use
guidance set in the USAID Graphic Standards Manual, htto://www.usaid.oov/brandino/qsm.html.
. Any items not mentioned in Table 1 will be marked in a fashion similar to the one described in
Table 1, unless they are exempt from marking by USAID regulations (i.e., business cards, items
for solely program administrative use, administrative letters). Please see branding exemption
form for exceptional cases.
. In any and all written communications, the program will ensure that the tagline of the USAID
logo, "from the American people,' is always written in the language of the document. Local
language versions of the USAID logo will be downloaded from the USAID website,
http://www.usaid.oov/brandino/translated.html. lf the logo is not available, the program will
consult with the USAID DOC reoresentative in lslamabad.
TABLE 2. PUBLIC COMMUNICATIONS, BRANDING AND MARKING BUDGET
Please note that the following budget displays only illustrative estimates, and is therefore highly
tentative. Moreover, it is expected that funding for the budget's financial mandate will be possible
partially through the realignment of the current program budget. Finally, the budget refers only to the
financial costs specific to RSPN's ASP Component.
COMMUNICATIONS MATERIAL
START DATE
(TBC 1 MONTHPRIOR TO
EXPECTED DATE)
OUANTITYESTIMATED
COST
7L
Assessment and Strengthening Program (ASP) for Civil Society OrBanization (CSOI and Government of
Pakistan (GoPl
Program Startup Workshop
Program Close-Out Workshop
21 January 201'l
9 October 2015
usD 11 ,905
usD 23,810
Program Fact Sheet and Brochure 31 December 201030,000 in 5 Years
(6,000 per Annum)usD 26,53',|
PAIDARI WebsiteStartup
'I 0 December 2010
Startup andDevelopment:
usD 4,167
Maintenance andHosting:
usD 13,266
Quarterly Newsletter 07 April 201 1
30,000 in 5 Years
(1,500 per Quarter)usD 26,862
PAIDARI WorkshoDs
(Provisionally Titled Nattbnal
Stake h old e r s Ex perie n ce Sh aring
15 December 201 1
(TBD)A Maximum of 25 5 National:
usD 265,313
z\|.
AssessmentandstrengtheningProtram(AsP)forcivi|Societyorganization(csffiPakistan (GoPl
and Leaming Workshop) 5 National
(1 per Annum for 5
Years)
20 Provincial
('1 per Annum forEach of 4 Provincesfor 5 Years)
20 Provincial:
usD 397,969
Photography and Cameras 01 December 2010
2 for CentralProgram Office
1 for Each of 4Provincial Program
Offices
Central ProgramOffice:
usD 1,048
Provincial ProgramOffice:
USD 1,238
Program Annual Report 0'l January 201210,000
(2,000 per Annum)usD 32,142
Program Office Building and LobbY
Signs'15 December 2010
1 for CentralProgram Office
1 for Each of 4Provincial Program
usD 2,976
73
Assessment and Strengthening Program (ASP) for Civil Society Organization (CSOI and Government of
Pakistan (GOP)
4. MODIFICATIONS
In the event of changed circumstances for implementation of this Marking Plan, Rural Support
Programmes Network (RSPN), through its AOTR, will submit to USAID a request to modify this plan
and/or other related documents, such as the Branding Strategy.
5. SAMPLE
ffi Hsa:,P," l,P*AJ-?^AR!#RSPN
Offices
Program Stationary Material,including:
Folders
PAIDARI Staff Office Cards
Letterheads and Envelops
Pens
Notepads
15 December 2010
Stationary Central
Program Office:
31,838 USD
StationaryProvincial ProgramOffice:
31,577 USD
TOTAL usD 870,642
74
Assessment and strengthening Program (ASP) for Civil society oryanization (cso) and Government of
Pakistan (GOPI
@*Jsa:P, l,r*A!-?aRl ffiREQUEST FOR EXCEPTIONS TO FULL BMNDING
l. Title (or Activity):
tf not known yet, ptease briefly descibe the material to be marked
2. Type of material(s) to be produced (document, banner, program materials, etc.):
3. Type of branding proposed (Select as appropriate):
Co-branding with another donor
Co-branding with local partner
Exemption from branding ("no branding")
4. Date Submitted:
5. Date Approval is Needed BY:
6. lf not using full branding, please describe the proposed branding approach (attach example if
available):
7. Rationale for the Proposed Branding Approach:
8. Type and Placement of USAID Acknowledgment if Appropriate:
t>
-
Assessment and strengthening Pro8ram (ASPI for civil society organization (cso) and Government of
Pakistan (GOP)
FOR INTERNAL USAID USE ONLY (Select as appropriate)
I approve of the proposed branding approach.
@ach, with the following changes:
Please submit a new ProPosal'
Title
to
,zv
