Amendment 2- Independent and Effective Justice System Addendum No. 8.pdf

Amendment No. 2 to Addendum 8 - Independent and Effective Justice System Activity -to the El Salvador Annual Program Statement (APS) No.: 72051921APS00001

The purpose of this amendment is to: A) provide answers to the questions submitted by interested parties in regard to the Independent and Effective Justice System Activity - Addendum 8 to El Salvador APS No.: 72051921APS00001; and B) provide reminder notification of extension of Concept Paper Submission Date to November 15, 2022, 12:00 noon local El Salvador time (executed through Amendment No. 1).

Except as expressly herein amended, the Independent and Effective Justice System Activity - Addendum 8 terms and conditions remain the same.

Issuance of this notice of funding opportunity does not constitute an award commitment on the part of the Government nor does it commit the Government to pay for any costs incurred in preparation or submission of Concept Papers. Concept Papers are submitted at the risk of the applicant. All preparation and submission costs are at the applicant’s expense.

Thank you for your interest in USAID programs.

Nathan Cutler

Agreement Officer Regional Office of Acquisition and Assistance USAID/El Salvador

The following are the Questions and Answers to the Independent and Effective Justice System Activity - Addendum 8:

1. Please clarify whether the expected results presented on pp.7-9 are required or if applicants may propose different expected results. If it’s the former, please clarify whether the expected results included in the table on p.7 or those in the bullets below the table (p.7-pp.8-9) apply.

USAID Response: The expected results included in the table and in the bullets below the table are the same and are all required. The 20% mentioned in the first result listed in the table is illustrative only. Applicants may propose additional results

2. With reference to the table on pp.7-8 of Addendum 8, please confirm that the 20% decrease in the first expected result listed in the Activity Outcomes/Outputs column is illustrative.

USAID Response: This is correct, this percentage is illustrative. However, a reduction is expected as a result of project interventions.

3. For the purposes of NPI Modality 3a: Please confirm that the recipient shall prepare local entity sub-awardees to eventually apply for and implement direct awards, and that recipient’s budget under Addendum 8 is not expected to include funding for such direct awards.

USAID Response: Your interpretation is correct; the recipient’s budget is not expected to include funding for direct awards.

4. For the purposes of NPI Modality 3a: How is the minimum of 50% percent of the total funding that should go to local sub-awardees being calculated: as a percentage of the total program amount (including cost share) or as a percentage of the amount of funding being requested from USAID?

USAID Response: It should be calculated as a percentage of the amount of funding being requested by USAID.

5. For the purposes of NPI Modality 3a: May sub-awards to partners that are not local entities but meet the NPI requirements for underutilized organizations, be counted in fulfilling the requirement to pass 50% of the total funding to other organizations?

USAID Response: No, the partners in Modality 3a must be local entities.

6. The addendum mentions that the Activity should work to strengthen “instruction” courts and sentencing courts. Please clarify if applicants will be able to work directly with these courts, as they are organizationally part of the “Supreme Court of Justice,” (usually referred to as the Judicial Branch in other countries) or if all work with judges has to be only through the CNJ.

USAID Response: The Recipient will be able to work with courts that form part of the criminal justice system, except for the Supreme Court Magistrates. That can include judges of peace, instruction, sentencing, and appeals courts. The Recipient may also work with the CNJ to train judges or evaluate their performance.

7. The addendum mentions that the Activity should work to “Strengthen disciplinary units to improve accountability of judges and attorneys” (p. 9). Please clarify if offerors will be able to work with these disciplinary units, as they are organizationally part of the “Supreme Court of Justice.”

USAID Response: The resulting Recipient(s) may work with these units if they do not involve the Supreme Court Magistrates or the Plenary of the Supreme Court.

8. Given the requirement of adopting local systems approaches, can applicants propose to work on coordination issues with judges, prosecutors, police, and other actors at the local level as part of local systems under currently established coordinating mechanisms, such as the UTE?

USAID Response: The resulting Recipient(s) may work with UTE. USAID will not be able to work with police or prosecutors at any level, given the current restrictions.

9. As victims’ assistance centers attend to victims of crimes both under the LEIV and under “common” GBV crimes, and sexual violence not covered by the LEIV, is the Activity expected to work to strengthen/establish victims’ assistance centers, or does that fall under the recently-awarded GBV activity?

USAID Response: Applicants may propose assistance models for victims of all types of violent crimes described in the project description (not only for GBV). This support may include assistance models for victims of sexual violence and common types of violent GBV.

10. Could USAID clarify what is meant by “program modifier categories” on page 16? Are applicants required to include this in the concept note?

USAID Response: As explained in the Addendum, a program modifier category “entails the ability to adapt the technical approach to better achieve the results of the activity. Applicants should employ a management approach that is proactive in identifying and taking advantage of programmatic opportunities.” Thus, a program modifier is a revised strategy based on an unforeseen circumstance. It may be presented as follows: “If so-and-so circumstance arises, the implementer will adapt in the following way…” While program modifier categories are not necessarily required, a flexible approach is required. Costs associated with any type of flexibility method, including program modifier categories, should be included in the concept paper as part of the total program amount.

11. The review criteria for concept notes references all objectives/interventions. Should applicant concept notes seek to address all objectives/interventions in one award?

USAID Response: Yes.

12. Should applicants address prospective renewal awards in the concept note phase, or should the amount provided in the concept note phase consider total possible funding?

USAID Response: This would depend on the proposed technical approach. If you anticipate that a renewal award would be necessary, you need to address it at the concept note phase.

13. Is there any restriction for an institution classified as a PIO (Public International Organization) to apply for the request for concept papers as is specified on El Salvador Country Development Cooperation Strategy (CDCS) Annual Program Statement (APS) No.: 72051921APS00001. Addendum 8, Independent and Effective Justice System Activity?

USAID Response: No, there is no restriction on participation of PIOs under this Addendum.

Eligibility is unrestricted.

14. On page 30 of Addendum 8, USAID states that offerors must comply with four critical requirements specified in Section C.1 of the USAID El Salvador APS. However, Section C.1 of the APS (page 23) outlines only three yes or no questions: Does the activity address the objectives and intended results of the USAID/El Salvador CDCS? Does the activity describe how it will be sustainable, demonstrating a long-term impact? Does the activity demonstrate how it expands and diversifies USAID’s partner base…” Can USAID confirm that the “four critical requirements” are these three questions plus Section C.2 of the APS “The New Partnerships Initiative (NPI)”, as summarized in Attachment 2 - “Eligibility Certification Form of Addendum 8”?

USAID Response: Please refer to the footnote on p. 3 of the Addendum. Amendment No. 4 to the USAID El Salvador APS significantly revised its original content. This amendment added a fourth critical requirement to the list, which is the language included in Addendum No. 8. You can also find Amendment No. 4 to the APS in grants.gov.