Attachment 3_Special Requirements Specific to Afghanistan (Assistance).pdf

SPECIAL PROVISION SPECIFIC TO AFGHANISTAN (ASSISTANCE)

A.17.1 SECURITY REQUIREMENTS

The Recipient must prepare a comprehensive Security Plan pertaining to all aspects of its activities and the activities of its employees in the performance of all work related to this

Agreement as well as the off-duty activities of its employees, as those activities relate to performance of contract work or to serving in Afghanistan or elsewhere within the region as it relates to performance of the work. The Recipient must have submitted its security plan along with its application. USAID PLSO comments have been provided and the Recipient has submitted its Final Security Plan. The Recipient must continuously monitor and update this comprehensive Security Plan by means of qualified and competent staff of personnel. The

Recipient is required to revalidate the Security Plan annually or whenever operations change through submission to PLSO at KabulAIDSSO@usaid.gov. The Recipient is encouraged to work closely with and establish liaison and cooperate with all authorized and appropriate safety and security organizations and entities for the protection and safety of its operations and employees.

The Recipient must respond within 5 business days to the monthly PLSO data call and submit to

PLSO at KabulAIDSSO@usaid.gov in the format required and information requested.

A.17.2 SECURITY INCIDENT REPORTING (SIR) IN AFGHANISTAN (DECEMBER

2017)

The prime implementing partner is responsible for reporting all security/serious incidents during performance of the award. This reporting must apply to the prime implementing partner and all sub-awardees regardless of the tier (subs of subs and lower, etc.). In addition to reporting, the prime implementing partner is responsible for ensuring timely investigation of all security related incidents and maintaining on file all records of reported security/serious incidents.

A security related incident is defined (but not limited to) the following incidents affecting an employee or the implementation of activities paid for with U.S. Government funding regardless of the funding source and tier of the organization:

1. Arrest – A legal detention

2. Complex Attack – An attack using multiple means of engagement such as an Improvised

Explosive Device (IED) followed by small arms fire

3. Demonstration – An organized act of protest against legitimate operations that results in violence or the threat of violence

4. Harassment – Interference in legitimate operations by ANSF, RS, or local civilian forces

5. Indirect Fire (IDF) – Attacks in which weapons are not directly aimed at the target (such as mortars, artillery, emplaced rockets but not rocket propelled grenades -RPGs)

6. Improvised Explosive Device (IED) – A bomb made and delivered in a non-conventional way (body borne IED, vehicle borne IED, remote control IED, magnetic IED etc.)

7. Capture – Illegal or hostile detention by insurgents or criminals for any length of time

a. Abduction: the act of taking someone away by force or fraud mailto:KabulAIDSSO@usaid.gov

b. Kidnapping: the abduction of a person by force or fraud for use as a hostage

c. Hostage: a person given or held as security for the fulfillment of certain conditions or terms, promises, etc., by another.

8. Land Mine – A manufactured anti-personnel or anti-vehicle munition.

9. Motor Vehicle Accident (MVA) – An airplane, motorcycle, car, or truck crash which results in injury or damage.

10. Robbery – Non-insurgent related theft of property.

11. Small Arms Fire (SAF) – a hostile engagement by a direct fire weapon (such as a pistol, AK-47, PK machine gun, RPG etc.)

12. Threat – Verbal (in-person, telephone, etc.), SMS (text message), or written message threatening violence or demanding payment in any form.

13. Other – negligent or unintentional firearm discharge, physical altercation between employees, cybersecurity incident, sexual misconduct etc.

INITIAL NOTIFICATION: Implementing partners must provide initial notification by email or telephone to the USAID Partner Liaison Security Officer (PLSO), the Agreement Officer, and the Agreement Officer’s Representative (COR/AOR) for accountability purposes of any serious incident as soon as practical, if it cannot be done immediately. This notification must provide as many details as are known at the time about the incident. The email address for the PLSO is

KabulAIDSSO@usaid.gov and/or and the telephone number is +93 (0) 702 029 213. A point of contact (POC) for the prime implementing partner must be provided to the PLSO and

COR/AOR in order for USAID personnel to follow up on the security incident details.

Additionally, if a security incident involves an employee wounded in action (WIA) who later succumbs to the wound(s), the implementing partner must provide notification within 24 hours of the death of the individual.

SECURITY INCIDENT REPORT: Additionally, within 24 hours, the implementing partner must submit an initial Serious Incident Report (SIR) documenting the incident in detail to the

USAID PLSO using the form provided. The SIR must include, at a minimum, the award number, the name of the company, location where the incident occurred (Latitude/Longitude, GPS or MGRS coordinates, location name, etc.), time when the incident occurred, a brief description of the events of the incident, details about any known casualties, country of origin of all involved and a point of contact for the USAID PLSO to request further information as needed. Each SIR must be completed as thoroughly as possible and sent to

KabulAIDSSO@usaid.gov and/or. The prime implementing partner must concurrently send a notice to the USAID (COR/AOR) and the Agreement Officer that a SIR has been submitted to

PLSO.

Following the conclusion or solution of the reported incident, a Final Serious Incident Report should be submitted to the USAID PLSO to identify the resolution of the reported event and provide details indicating the resolution thereof.

A.17.3 SPECIAL PROVISION FOR PERFORMANCE IN AFGHANISTAN (JULY 2010)

All recipient personnel deploying to Afghanistan under grants or cooperative agreements with a performance period over 30 days or valued at more than $100,000 must be accounted for in the

Department of Defense maintained Synchronized Pre-deployment and Operational Tracker

(SPOT) system. Information about SPOT is available at http://www.dod.mil/bta/products/spot.html as well as from the Agreement Officer (AO) or

Agreement Officer’s Representative (AOR).

Recipients must register those individuals requiring SPOT-generated Letters of Authorization

(LOAs) in SPOT before deploying any employees or consultants to Afghanistan. If individuals are already in Afghanistan at the time the recipient employs them, the recipient must enter each individual upon his or her becoming an employee or consultant under this award. Personnel that do not require LOAs are still required to be accounted for in SPOT for reporting purposes either individually or via an aggregate tally methodology. The recipient must maintain and keep current all employee and consultant data in SPOT. Information on how individual and/or aggregate tally registrations will be made in SPOT is available from the Agreement Officer (AO) or Agreement

Officer’s Representative (AOR).

Recipient performance may require the use of armed private security personnel. To the extent that such private security contractors (PSCs) are required, recipients are required to ensure they adhere to Chief of Mission (COM) policies and procedures regarding the operation, oversight, and accountability of PSCs. PSCs will be individually registered in SPOT.

Under this award, the term “PSC” includes any personnel providing protection of the personnel, facilities, or property of a recipient or sub recipient at any level, or performing any other activity for which personnel are required to carry weapons in the performance of their duties. As specific

COM policies and procedures may differ in scope and applicability, recipient is advised to review post policies and procedures carefully in this regard and direct any questions to the

Embassy Regional Security Office (RSO) via the Agreement Officer’s Technical Representative.

Any exception to these policies must be granted by the COM via the RSO. A copy of any exception must be provided to the AO and AOR. COM policies and procedures may be obtained from the RSO via the Agreement Officer’s Representative. The Recipient is also advised that these policies and procedures may be amended from time to time at the post in response to changing circumstances.

Recipient is advised that adherence to these policies and procedures is considered to be a material requirement of this grant/cooperative agreement. The recipient must include this provision in all sub-awards at any tier or contracts under their grant/cooperative agreement.

Recipient is reminded that only the Agreement Officer has the authority to modify the Notice of

Award. Recipients must proceed with any security guidance provided by the RSO, but must advise the Agreement Officer and the Agreement Officer’s Representative of the guidance received and any potential cost or schedule impact.

A.17.4 SMART TRAVELER ENROLLMENT PROGRAM (STEP) (AUGUST 2016)

The Implementing Partner (IP) must enroll all American citizens traveling to Afghanistan in

STEP at www.travel.state.gov. Information provided must be accurate and up-to-date and is applicable to both long-term and short-term travel funded by USAID.

http://www.dod.mil/bta/products/spot.html http://www.travel.state.gov/

A.17.5 VETTING REQUIREMENT (NOVEMBER 2016)

The Implementing Partner (IP) must comply with USAID/Afghanistan’s Mission Order 201.06, Mission_Order_201.06_-Vetting_2015-06-07.pdf National Security Screening (Non-U.S. Party

Vetting).

A.17.6 HOMELAND SECURITY PRESIDENTIAL DIRECTIVE (HSPD-12)

(SEPTEMBER 2006)

In response to the general threat of unauthorized access to federal facilities and information systems, the President issued Homeland Security Presidential Directive-12. HSPD-12 requires all

Federal agencies to use a common Personal Identity Verification (PIV) standard when identifying and issuing access rights to users of Federally-controlled facilities and/or Federal

Information Systems. USAID is applying the requirements of HSPD-12 when appropriate and applicable. The recipient must comply with all applicable HSPD-12 and PIV procedures, when appropriate and applicable, as well as any subsequent USAID or government-wide HSPD-12 and

PIV procedures/policies, including any subsequent applicable USAID General Notices, Office of

Security Directives and/or Automated Directives System (ADS) policy directives and required procedures. This includes HSPD-12 procedures established in USAID/Washington and those procedures established by the overseas Regional Security Office. In the event of inconsistencies between this clause and later issued Agency or government-wide HSPD-12 guidance, the most recent issued guidance should take precedence, unless otherwise instructed by the Agreement

Officer.

A.17.7 RESERVED

A.17.8 RESERVED

A.17.9 DATABASE and GIS/GPS REPORTING REQUIREMENTS (DECEMBER 2016)

USAID/Afghanistan uses a web-based system to collect and organize information critical to program management, oversight, and reporting. This system is named Afghan Info. Afghan

Info supports a number of exercises including: Mission-wide Portfolio Reviews, the Performance

Plan and Report, the Multi-Tiered Monitoring Approach, Geographic Information System (GIS) analysis, and overall coordination efforts. Reported information may impact policy formulation and project design stakeholders including USAID/Afghanistan, USAID/Washington, the United

States Congress, and other donors.

USAID requires a minimum of quarterly (United States Government Fiscal Quarters) data submissions throughout the entire life of the award. The partner must provide updates for all required data elements as specified in the reporting requirements of their award. As applicable, data to be reported into Afghan Info may include:

● Monitoring and Evaluation (M&E) Plan indicator reporting and aggregate and/or raw data.

● Attribution by provinces of total quarterly costs/ vouchered expenses.

https://www.usaid.gov/sites/default/files/2024-03/USAID_Afghanistan_2015_MissionOrder201.06.pdf

● Documents as required in the reporting requirements section of the award.

Partners are additionally required to collect and report on Global Positioning System (GPS) data and other GPS supporting details for all implementation activities. (This is especially important if data could/will be analyzed to the type III Geographical Disaggregation level.) Geographic data collection, analysis, and submission methods must be included in annual work and M&E plans. Partners must ensure the following standard settings are utilized when collecting latitude/longitude GPS coordinate data for USAID/Afghanistan activities:

Coordinate System/Datum: WGS 1984

Coordinate Format: Decimal Degrees (DD.DDDDDD) with at least 6 decimal places

Latitude Coordinate Parameters: Must be between 29.378060 - 38.489592

Longitude Coordinate Parameters: Must be between 60.475769 - 74.889862

Accuracy Level: Less than 15 meters

The COR/AOR responsible for the award will provide specific guidance on reporting, provide access to the Afghan Info system for the Implementing Partner (IP), and ensure that all applicable reporting requirements have been assigned to the award and as necessary, appropriately configured in the system. IPs must use the Afghan Info interface for data entry.

Criteria for restricting reporting activity or reporting sites will be provided by the COR. Data entered into the system must adhere to USAID data quality standards (ADS 203.3.11.1). All geographic data will additionally adhere to OMB Circular A-16 and A-130; Executive Order

12906; ADS 557 (Public Information); and ADS 579 (USAID Development Data). Data entry modules will include an option for selecting certain sites for restricted access in the database.

(Note: all activities will be recorded, but those restricted will be viewable only by those with a

“need to know”.)

In consultation with the USAID/Afghanistan’s GIS Specialist and/or as directed by

USAID/Afghanistan or USAID/Washington, the COR/AOR will manage this geographic data for use in project management, communications, reporting, and evaluation. In the case of proprietary or contractual restrictions preventing submission/publication of geographic data, the

IP shall provide justification to the COR/AOR. For activities requiring multiple data points, to include infrastructure activities such as dam, power line, and road construction, data can be submitted to USAID or through a “cloud-based data transfer mechanism that is outside USAID

(example: Dropbox), but must be stored and submitted to the COR/AOR in industry standard formats such as ESRI Shapefile, ESRI Feature Class, or Microsoft Excel, and include any and all metadata. All infrastructure programs will include photo documentation from no less than two sides with no less than beginning and ending project photographic documentation. Metadata or

“Properties” is a summary providing content, quality, type, creation, and spatial information about a data set. In the file’s “properties” programmatic specifics to include name, description of the file, program and implementer, geospatial location and description of the activity will be included. For example, a photograph’s metadata will include Title- the name of the event or site, such as “Ghazi Mohammad Ayub Khan High School” ; Subject- what the photo depicts; such as

“prior to start of construction a/o 20160207”; TAGS - will include, at a minimum, the program and the implementer for example: “SACCARP; IOM;” Comment: the grid and the nature of the project/event, such as “31.623130, 65.055618 photo of the front of the school. Prior to stair repair, painting and toilet rehab”. The date the photo was taken should already be included automatically but if not it should be also added.

Although the example discusses an image file, the same requirement for metadata documentation is required for other file formats (docx or xlsx) that document a specific project’s geographically linked activity that will be used for permanent documentation.

Please note some cameras with integrated GPS capability place that automatically into the Exif metadata. That should be kept; but often the Lat/Long format is in Hours/Min/Sec not in decimal degrees so it must be converted and added to the metadata. There are free available sites on the web, such as http://www.latlong.net/degrees-minutes-seconds-to-decimal-degrees or for more complicated conversions http://www.earthpoint.us/Convert.aspx .

Unless otherwise specified, Afghan Info can be accessed at: https://usaidinfo.usaid.gov/

The recipient is required to include this clause in any subawards (including subcontracts) that require the subawardee or subawardee employee to have routine physical access to USAID space or logical access to USAID’s information systems.

A.17.10 RESERVED

A.17.11 RESERVED

A.17.12 NON-FEDERAL AUDITS (NOVEMBER 2016)

In accordance with 2 C.F.R. Part 200 Subpart F – Audit Requirements, Recipients and sub recipients are subject to the audit requirements contained in the Single Audit Act Amendments of

1996 (31 U.S.C. 7501–7507) and revised OMB Circular A–133, “Audits of States, Local

Governments, and Non-Profit Organizations.” Recipients and sub recipients must use an independent, non-Federal auditor or audit organization which meets the general standards specified in generally accepted government auditing standards (GAGAS) to fulfill these requirements.

A.17.13 USAID/AFGHANISTAN HOST COUNTRY TAXES AND DUTIES

(NOVEMBER 2016)

The Implementing Partner is advised that equipment, materials, and funds introduced into

Afghanistan under the USAID program are exempt from customs, duties, and taxes of every kind. In accordance with the applicable U.S. Government cost principles, such costs are unallowable and may not be charged to this Award or paid with funding provided in the Award.

If the Implementing Partner is assessed any such charges, they must bring the proposed assessment to the immediate attention of the Agreement Officer and USAID/Afghanistan.

A.17.14 SUB-AWARD REQUIREMENTS (NOVEMBER 2016)

A. Applicability: This section limits the number of tiers of sub-awards to two tiers below the awardee for all awards. The Implementing Partner must not allow lower-tier sub-awards http://www.latlong.net/degrees-minutes-seconds-to-decimal-degrees http://www.earthpoint.us/Convert.aspx https://usaidinfo.usaid.gov/ without the express written approval of the Agreement Officer.

B. Definitions: The term "award" in this clause refers to the direct award between USAID and the Implementing Partner (IP). A "first-tier sub-award" is a direct award between the

IP and a sub-awardee (the "first-tier sub-awardee"). A "second-tier sub-award" is a direct award between the first-tier sub-awardee and its sub-awardee (the "second-tier sub-awardee").

C. USAID's objective is to promote, to the extent practicable, competitive, transparent, and appropriate local sub-awards with legitimate and competent sub-awardees. IP’s must ensure that all sub-awardees at any tier are actively engaged in the performance of sub-awarded work. IP’s must ensure that sub-awardees do not engage in "brokering" or

"flipping" their sub-awards under this award and that all sub-awardees at any tier self-perform appropriate portions of the work. "Brokering" or "flipping" is the practice of a sub-awardee receiving a sub-award and either selling such sub-award or not performing a significant percentage of the work with the sub-awardee's own organization.

D. Should exceptional circumstances warrant sub-awards below two tiers, the IP must promptly request approval in writing from the Agreement Officer, which must include the information set forth in paragraph E. below.

E. An IP’s written request for approval to allow sub-awardees below the second tier will include the following information:

(i) Sub-award number and title (or a general description of the sub-award work) of the existing sub-award;

(ii) Detailed explanation regarding why the work to be performed by the lower-tier sub-awardee cannot be performed by the prime or the two levels of sub-awardees.

(iii) The total value of the work and total value of the work to be self-performed by the existing sub-awardee;

F. For purposes of calculating tiers, the following will not be considered a tier:

(i) subsidiaries of the awardee;

(ii) members of a joint-venture, provided the joint venture is either the awardee or otherwise a "tier" hereunder;

(iii) employment awards for a single individual, provided that such individual issues no further sub-awards;

(iv) suppliers/service providers for component parts for a sub-award issued for finished commodities purchased on the market. Only the sub-awardee supplying the finished commodity will be considered a "tier" for purposes of this clause/provision;

(v) Suppliers of administrative or professional services incidental to the completion of the award nor their sub-awardees, such as legal or financial services, provided such suppliers or their sub-awardees do not perform substantive work related to the award.

G. Unless an exception is provided per section D. above, the IP will include this clause in all sub-awards, and will require sub-awardees to include this clause in all lower-tier sub-awards. The IP is responsible for compliance with this clause/provision by all sub-awardees and lower-tier sub-awardees.

A.17.15 RESTRICTIONS ON RECIPIENTS EXECUTING AGREEMENTS “INTERIM

GOVERNMENT” ANNOUNCED BY THE TALIBAN

A. It is USAID/Afghanistan policy that the Recipient must not have separate agreements

(such as Memorandums of Understanding or Letters of Intent or Collaboration) between itself and any unit entity of the “interim government” announced by the Taliban (including ministries, provincial or district government entities, or city and village entities) concerning activities funded in whole or in part by USAID unless USAID is a party or witness to that agreement.

B. If a Recipient believes an agreement with the “interim government” announced by the

Taliban may be beneficial to the implementation of activities funded by USAID, Recipient must submit a request through its AOR for USAID to draft and negotiate such an agreement. The request should include at a minimum:

a. how large or important a role the “interim government” announced by the Taliban unit entity (e.g. ministry, agency, city) is being asked to play in the activity;

b. previous experience or status of current relations with the “interim government” announced by the Taliban unit entity;

c. any relevant US legislation; and

d. the advantages to be gained from formally establishing the term of the assistance relationship with the “interim government” announced by the Taliban entity.

C. At USAID’s sole discretion, USAID may decline to pursue such an agreement, and will so advise the Recipient in such a case.

D. After the “interim government” announced by the Taliban entity, USAID and, if appropriate, the Recipient sign the agreement, the AOR is responsible for monitoring the agreement in coordination with the Recipient as necessary. Any likely or actual violation of the terms of an agreement by any participant should be reported immediately to the AOR.

E. All requests for amendments to the agreements referenced above must be submitted to the AOR for approval by USAID.

A.17.16 USAID/AFGHANISTAN PRESS RELATIONS (NOVEMBER 2016)

The Recipient must coordinate all press inquiries and statements with the AOR and

USAID/Afghanistan’s Development Outreach and Communications (DOC) Office. The

Recipient must seek approval from the AOR and DOC before agreeing to or allowing staff to conduct interviews with the press.

A.17.17 RESTRICTIONS ON FUNDING FOR LAW ENFORCEMENT (NOVEMBER

2016)

None of the funds made available through this grant shall be used to provide training or advice, or provide any financial support, for police, prisons, or other law enforcement forces. The

Grantee shall consult with USAID before relying on this exception.

A.17.18 RESERVED

A.17.19 USAID/AFGHANISTAN FRAUD REPORTING (NOVEMBER 2016)

The awardee is required to report on indications of fraud in host-country institutions or other matters that could reasonably be expected to be of foreign policy interest to the U. S.

Government’s development and stabilization efforts. Corruption, real or perceived, may critically impact USAID programming objectives as might other knowledge the awardee acquires in its normal course of business. This provision must not be construed to require the awardee to conduct investigation for such information outside of its normal business practices or to report on matters not directly or indirectly related to USAID programming or the proper use of U.S.

Government funds. In the event awardee has special non-disclosure requirements or confidentiality requirements (such as are prevalent in the legal and banking industries), or awardee determines such reporting would conflict with applicable laws, awardee must include a proposal to obtain any necessary waivers from the applicable host-country institution allowing such reporting to the maximum extent possible. Reports under this requirement must be submitted as a deliverable under the award.

(End of Provisions)