Burma NOFO Clean Corrected.docx

United States Department of State Office of Global Criminal Justice (GCJ) Notice of Funding Opportunity (NOFO): Promoting Accountability for Genocide, Crimes Against Humanity, and War Crimes in Burma Funding Opportunity Number: DFOP0016719 Assistance Listing Number: 19.990 Solicitation Type: Open Competition Type of Award: Grant or Cooperative Agreement Application Deadline: 11:59 PM EST on Friday, July 19, 2024 Total Funding Floor: $1,000,000 Total Funding Ceiling: $1,100,000 Cost Sharing: Not Required Anticipated Number of Awards: 1 Period of Performance: 12-24 Months Eligible Applicants: U.S.-based non-profit/non-governmental organizations (NGOs); foreign-based non-profit organizations/non-government organizations; Public International Organizations; Foreign Public Entities; U.S.-based private, public, or state institutions of higher education; foreign-based institutions of higher education, and U.S. for-profit organizations or businesses.

Table of Contents

Section A: Funding Opportunity Description

A.1. Background/Problem Statement Since Burma’s independence in 1948, the country has experienced instability, violence, authoritarian rule, ethnic tension, and socio-economic inequality. From 2016 to 2017, members of the Burma security forces committed atrocities, including killings, rape, and torture as part of military “clearance operations” in Rakhine State. This forced more than 740,000 Rohingya to flee to Cox’s Bazar, Bangladesh over the course of only a few months. While Burma had made some progress in its democratic transition over the past decade, the military coup in February 2021 compounded existing challenges. Burma continues to face a grave political, economic, human rights, and humanitarian crisis following a brutal crackdown by a military that operates with impunity.

In March 2022, the Department of State determined that members of the Burma military had committed genocide and crimes against humanity against Rohingya. The Office of Global Criminal Justice (GCJ) supports efforts to promote justice and accountability for atrocities and other human rights violations and abuses committed in Burma.

Thorough the extensive documentation work by UN mechanisms, governments, and local and international non-governmental organizations, significant progress has been made to lay the foundation for holding those responsible for atrocities criminally accountable. Nevertheless, there is a continued need to collect and analyze evidence of past and ongoing violations, identify those responsible, and ensure an inclusive and victim-survivor-centered approach throughout all justice processes.

The UN’s most recent General Assembly resolution A/RES/78/219, “Situation of human rights of Rohingya Muslims and other minorities in Myanmar”, sets forth a range of actions to support justice and accountability for alleged atrocities committed in Burma, including, amongst other things, requesting “independent, impartial and thorough investigations into all allegations of violations of international humanitarian law, including into conduct that may constitute war crimes and crimes against humanity, [with attention to] the use of starvation as a method of warfare, crimes of sexual violence and allegations of human rights violations, and [to] ensure that the perpetrators are brought to justice through transparent and credible processes.”

A.2. Project Goal GCJ seeks to advance victim-survivor-centered investigations and prosecutions of perpetrators of atrocities committed in Burma since 2011, by supporting the implementation of the justice and accountability components of UN General Assembly resolution A/RES/78/219 with respect to the situation of human rights of Rohingya and other ethnic and/or religious minority groups in Myanmar. A successful project will result in the advancement of victim-survivor-centered investigations and prosecutions of perpetrators of atrocities committed in Burma since 2011.

A.3. Areas of Programming Programming may include, but is not limited to, one or more of the following areas:

1. The collection, verification, preservation, and analysis of evidence and information, including maintaining the legal chain of custody of interview statements, documents, photographs, videos, geospatial imagery, forensic material, and open-source intelligence.

a. Applicants are expected to consider the inclusion of local civil society, particularly investigators, medical and legal professionals, and the deployment of digital technologies and machine learning, where appropriate.

2. The preparation of perpetrator and incident case files to ensure impartial, credible, and independent criminal and civil proceedings in national, regional, or international courts or tribunals that have or may have jurisdiction over those crimes, in accordance with international standards.

3. The filing of criminal complaints, petitions, amicus briefs, or memorials in national, regional, or international courts that may have jurisdiction over the commission of atrocity crimes by state or non-state actors and that may be adjudicating individual or state responsibility.

4. The development and deployment of new technologies to improve searching, processing, and analyzing large holdings of documents, which may any language.

5. Providing training to local documenters, law enforcement, judicial and/or prosecutorial actors on a range of subjects, including forensics, crime scene analysis, trial preparation, and interviewing of witnesses, including of crimes related to sexual violence and/or those involving children.

6. Developing protocols for and providing victim/witness protection and/or support-related services, including mental health and psychosocial services, to percipient, survivor, and insider witnesses, wherever where they may be located.

7. Other activities that contribute to justice objectives, including trial monitoring and outreach; the sharing of analytical products and expertise; identification, location and introduction of witnesses and sources to competent jurisdictions; and translation of high-value material.

8. Contributing to existing transitional efforts aimed at truth-telling; lustration; restitution, rehabilitation, and reparations for survivors; memorialization; institutional reform; and guarantees of non-repetition.

A.4. Expected Outcomes Applicants are expected to achieve the following desired results:

1. measurable progress in implementation of UN General Assembly resolution 78/219;

2. foster accountability and expansion of the rule of law in Burma; and

3. strengthen cooperation between local civil society stakeholders and national, regional and/or international justice mechanisms and investigative bodies.

A.5. Performance Indicators All projects should have qualitative and quantitative indicators. (For an indicator to be useful it must be specific and unambiguous, observable, and measurable, and linked to outcome/output achievement.)

A.6. Key Considerations Proposals must reflect a clear understanding of international criminal law, operational investigative and prosecutorial standards, and jurisdictions available to seek criminal accountability for atrocities committed in Burma.

Operating in Burma can be difficult and unsafe, applicants should consider how this affect project activities and monitoring.

When working with victims and witnesses, the proposal must include clear processes for informed consent, confidentiality, and preventing re-traumatization. Expenses for victim/witness protection and/or support-related services, including mental health and psychosocial services are considered allowable.

Activities should include support to victims through the trial process, including psychosocial support where possible.

Applicants must incorporate plans on how their proposals will support and be de-conflicted with ongoing transitional justice work being undertaken by other U.S. government entities and international donors, as well as the UN, other international organizations/mechanisms, and non-governmental organizations, as applicable.

Applicants must consult with and have the support of relevant partners and beneficiaries. Applicants are encouraged to collaborate local organization(s). Where appropriate, applicants are invited to form consortia and submit a combined proposal, but one applicant must be designated as the lead (“prime”) applicant and others listed as sub-recipients.

· A.7. Substantial Involvement GCJ may issue a cooperative agreement. An award issued as a cooperative agreement involves “substantial involvement” and require greater federal government participation in the project. If issued as a cooperative agreement, GCJ will only undertake reasonable and programmatically necessary substantial involvement. Substantial involvement areas can include, but are not limited to:

· Active participation or collaboration with the recipient on certain aspects of award implementation.

· Reviewal and approval of one stage of work before another can begin.

· Collaboration on selection and/or review of project beneficiaries.

Specific areas of substantial involvement will be dependent upon the objectives of the proposal and outlined in the final Agreement. The final determination on award mechanism will be made by the Grants Officer.

Section B: Federal Award Information

B.1. Available Funding This notice is subject to availability of funding. The authority for this funding opportunity is found in the Foreign Assistance Act of 1961, as amended (FAA) and section 7015(c) of the FY 2023 SFOAA.

Applicants can submit one application in response to the NOFO. If more than one application is submitted by an organization, only the first application received, and time stamped by either grants.gov or MyGrants will be reviewed for eligibility.

The Department of State reserves the right to (a) fund any or none of the applications received; (b) reserves the right to reduce, revise, or increase the budget in accordance with bureau proprieties and the availability of funds; (c) accept other than the lowest cost application.

The U.S. government may make award(s) on the basis of initial applications received, without discussions or negotiations. Therefore, each initial application should contain the applicant's best terms from a cost and technical standpoint. The U.S. government reserves the right (though it is under no obligation to do so), however, to enter into discussions with one or more applicants in order to obtain clarifications, additional detail, or to suggest refinements in the project description, budget, or other aspects of an application.

B.2. Award Management The successful applicant will need to routinely collaborate with GCJ through regular meetings and conference calls to discuss progress, challenges, emerging topics, etc. The successful applicant must ensure that all funds are used in a manner consistent with any applicable restrictions on funding. See D.5 below for funding restrictions.

Section C. Eligibility Information

C.1 Eligible Applicants GCJ welcomes applications from U.S.-based non-profit/non-governmental organizations with or without 501(c) (3) status of the U.S. tax code; foreign-based non-profit organizations/nongovernment organizations (NGO); Public International Organizations; Foreign Public Organizations; U.S.-based private, public, or State institutions of higher education; Foreign-based institutions of higher education, and U.S. for-profit organizations or businesses.

Applications submitted by for-profit entities may be subject to additional review following the panel selection process. Additionally, the Department of State prohibits profit to for-profit or commercial organizations under its assistance awards. Profit is defined as any amount in excess of allowable direct and indirect costs. The allowability of costs incurred by commercial organizations is determined in accordance with the provisions of the Federal Acquisition Regulation (FAR) at 48 CFR 30, Cost Accounting Standards Administration, and 48 CFR 31 Contract Cost Principles and Procedures.

Please see 2 CFR 200.307 for regulations regarding program income.

C.2. Cost-Sharing or Matching The non-Federal share of costs, frequently called “cost share” or “matching costs”, refers to that portion of the project or program costs not borne by the Federal Government. This may include cash and third-party in-kind contributions. These costs must reflect the realistic capacity of the applicants and any third-party contributors.

Providing cost sharing, matching, or cost participation is not an eligibility factor or requirement for this NOFO and providing cost share will not result in a more favorable competitive ranking. Per 2 CFR §200.306, items that are proposed for cost share must be allowable per 2 CFR §200, Subpart E—Costs Principles.

C.3. Other Eligibility Criteria Any applicant with an exclusion in the Exclusions section of the System for Award Management (SAM.gov) and/or has a current debt to the U.S. government is not eligible to apply for an assistance award in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR, 1986 Comp., p. 189) and 12689 (3 CFR, 1989 Comp., p. 235), “Debarment and Suspension.” Additionally, no entity or person listed in the Exclusions section of SAM.gov can participate in any activities under an award. All applicants are strongly encouraged to review the Exclusions section in SAM.gov to ensure that no ineligible entity or person is included in their application.

Section D: Application and Submission Information

D.1. Address to request Application Package Applicants can find application forms, kits, or other materials needed to apply on grants.gov and MyGrants under the announcement title “Promoting Accountability for Genocide, Crimes Against Humanity, and War Crimes in Burma,” funding opportunity number “DFOP0016719.” Please contact the GCJ point of contact listed in Section G if requesting reasonable accommodations for persons with disabilities or for security reasons. Please note that reasonable accommodations do not include deadline extensions.

D.2. Content and Form of Application Submission To ensure that all applications receive a balanced evaluation, the review panel will review from the first page of each section up to the page limit and no further. For all application documents, please ensure:

· All documents are in English, and all costs are in U.S. dollars. If an original document within the application is in another language, an English translation must be provided (please note the Department of State, as indicated in 2 CFR 200.111, requires that English is the official language of all award documents). If any document is provided in both English and a foreign language, the English language version is the controlling version;

· All pages are numbered, including budgets and attachments;

· All documents are formatted to 8 ½ x 11 paper; and,

· All documents are single-spaced, 14-point Calibri font, with 1-inch margins. Captions and footnotes may be 10-point Calibri font. Font sizes in charts and tables, including the budget, can be reformatted to fit within 1 page width.

Complete applications must include the following, where applicable:

1) Completed and signed SF-424, SF-424A, and SF-424B forms. (OPTIONAL but strongly encouraged for FPEs/PIOs)

2) Organizations that engage in lobbying the U.S. government, including Congress, or pay for another entity to lobby on their behalf, are also required to complete the SF-LLL “Disclosure of Lobbying Activities” form (only if applicable).

3) Cover Page/Executive Summary (not to exceed one (1) page, preferably as a Word document) that includes a table with the organization name, project title, target country/countries, name and contact information for the application’s main point of contact, and brief section that clearly outlines the (1) the problem statement addressed by the project (2) research-based evidence justifying the applicant’s approach, and (3) quantifiable project outcomes.

4) Proposal Narrative (not to exceed fifteen (15) pages, preferably as a Word document). Please note the fifteen-page limit does not include the Cover Page/Executive Summary, Detailed Budget, Budget Narrative, Key Personnel, Timeline or Attachments. The Narrative must include the following:

· Introduction to the Organization: A description of past and present operations, showing ability to carry out the project, including information on relevant or similar type projects from previous grants from the U.S. Embassy and/or U.S. government agencies.

· Problem Statement: Clear, concise and well-supported statement of the problem to be addressed and why the proposed program is needed.

· Project Methods and Design: A description of how the program is expected to work to solve the stated problem and achieve the goal.

· Program Goal: The goal describes the broader, long-range outcome or concept intended. Goals do not include timelines or methods for achievement. Rather, goals are general statements of a desired result. Programs generally have one goal that is only one sentence.

· Program Objective(s): Objectives unlike goals, are brief, clear statements that describe what will be done within a specific timeframe to help achieve or advance a goal. Objectives are applicant focused, and should be SMART:

· Specific: Detailed and specifies what will be achieved

· Measurable: have associated metrics or measurements of success

· Attainable: appropriately challenging, objectives can be reasonably attained given the available resources

· Relevant: align with the policy/program goal and appropriate within the country or beneficiary audience

· Time-Bound: achievable within the timeframe of the program

· Program Activities: Describe how the activities or actions under objective(s) will be carried out. Should be clearly developed and sufficiently explain the resources and time requirements identified (inputs) and things done or produced (outputs). Where appropriate, identify target areas, or where actions are happening, participant groups or selection criteria for participants; how relevant stakeholders will be engaged; actions taken by consultants, sub-recipients or vendors as appropriate/relevant. Demonstrate how the activity will support and advance equity and engage underserved communities in program administration, design, and implementation.

· Outcomes: The results or effects of the objective(s). What are the detailed, measurable statements that outline the end results? Outcomes are target-audience focused. What will the benefitting individuals, countries or audiences have learned, accomplished or be able to do after the project has been completed? Collectively, outcomes advance or further the program goal.

· Risk Analysis - Identify the internal and external risks associated with the proposed project, rate the likelihood of the risks, rate the potential impact of the risks on the project, and identify actions that could help mitigate the risks.

· Future Funding or Sustainability – Applicants’ plan for continuing the program beyond the grant period, or the availability of other resources, if applicable. Include ways program activities will ensure sustainability.

5) Budget Documents: This is a two (2) component submission requirement.

· (1) Detailed Line-Item Budget: Entities and organizations not recognized as FPEs or PIOs are required to submit detailed budget information according to the OMB cost categories (see SF-424A as an example). Budget expenses should be submitted preferably as one Excel workbook and include three (3) columns describing the request to GCJ, any required or voluntary cost sharing, and the total budget. Costs must be in whole U.S. dollars. The attached “Budget Guidance Template for Multi-Year Awards (FY24)” is the preferred format for submission. Detailed line-item budgets for sub-grantees should be included as additional tabs within the Excel workbook (if available at the time of submission). Note: Applicants are welcome to delete columns associated with multiple years if submitting a proposal that will only extend to one year. Alternatively, applicants are welcome to add columns for additional years.

· (2) Budget Narrative: Entities and organizations not recognized as FPEs or PIOs are required to submit narrative information, preferably as a Word document, that explain the methodology considerations for each specific line identified in the Excel document. The budget narrative should support the activities described in the proposal and provide additional information that might not be readily apparent in the detailed line-item budget. Do not simply repeat what is represented numerically in the budget, i.e. salaries are for salaries or travel is for travel. If the detailed budget includes sub-awards, please include a separate budget narrative for each sub-award budget. Provide details on the purpose of costs, reasonability of costs, cost price analysis, allocation methodology, explain any yearly variances in unit prices, and tie expenses to program activities and/or objectives where appropriate. Information should describe prices used when costs have been averaged for the purposes of the calculation; when or if there is a reduction in a typical cost due to leveraging other resources; when costs are inflated due to specific considerations; or when untypical costs are included due to special circumstances. Provide information on considerations such as translations, multi-media approaches as also described in the proposal narrative, procurement by local vendors or the need to import due to unavailability, specific needs of different audiences, costs related to country limitations, etc.

· Budget Documents for Foreign Public Entities/Public International Organizations: Entities and organizations recognized as FPEs or PIOs are not required to submit detailed budget information according to the OMB cost categories. (1) A detailed budget, preferably as an excel document broken down by activity may be provided with information identifying lines associated with labor (inclusive of contractual or consultancy staff), participant support costs, travel, and other activity related expenses as appropriate for each activity identified. While 2 CFR 200, Subpart E—Costs Principles does not apply to FPEs and PIOs, it should be used as a guide to assist in determining reasonableness. Costs must be in U.S. dollars. (2) A budget narrative, preferably as a Word document, should explain the methodology considerations for each activity and other cost considerations or special circumstances that are helpful in determining reasonableness.

6) Program Monitoring and Evaluation Narrative and Plan/Tracker: This is a two (2) component submission requirement.

· (1) Monitoring and Evaluation Narrative: (Not to exceed one (1) page preferably as a Word document) the narrative outlines how a project’s M&E system will be carried out and by whom. It details how you will track your project’s performance toward its objectives over time and provides a clear description of the approach and data collection strategies and tools to be employed (e.g., pre- and post-test surveys, interviews, focus groups). The description should include how the applicant will track and document whether activities occurred (outputs) and the results or changes caused by these activities (outcomes). If the project includes work with local partners or sub-partners, explain how M&E efforts will be coordinated amongst these organizations. Explain if an external evaluation will be included. Evaluations, internal or external, should be systematic studies that use research methods to address specific questions about project performance. They should provide a valuable supplement to ongoing monitoring activities. Evaluation activities generally include baseline assessments, mid-term and final evaluations.

· (2) Monitoring and Evaluation Plan/Tracker - Preferably as an Excel workbook, the tracker contains the M&E plan that should draw on the objectives, activities and expected changes from the logic model, and link those areas to indicators. The M&E plan is generally structured as a table with output- and outcome-based indicators. It explains how data will be collected (data collection methods) to show that certain changes occurred. It outlines baselines (where your project is starting) and quarterly targets (what you would like to achieve) for each indicator. Please see “Sample Monitoring Indicator Tracker” included as an attachment to the NOFO.

Note: If recommended for funding, the panel and/or bureau may negotiate the inclusion of additional Department of State Foreign Assistance indicators. These indicators assist the bureau in tying projects to larger bureau program objectives for Department’s Managing for Results framework. More information on this policy framework and access to the foreign assistance master indicator list is on the Foreign Assistance Resource Library. After award issuance, the M&E plan will accompany performance reports to document progress on indicators.

7) Key Personnel (not to exceed two (2) pages, preferably as a Word document): Represents staff within your organization or outside of your organization (subgrantee, consultants, contractors), carrying out administrative and/or technical responsibilities, who are integral to the success of the program. Includes very short bios that highlight relevant professional experience. Provides names, titles, roles and experience/qualifications of key personnel involved in the program. Given the limited space, inserting CVs are not recommended. Generally limited to 3-5 individuals.

8) Timeline (not to exceed one (1) page, preferably as a Word document or Excel sheet): The timeline of the overall proposal should include activities, evaluation efforts, and program closeout. Sufficient time should be included to conduct and finalize internal/external evaluations and allow any sub-recipients time for final reporting, as applicable. Please see “Sample Timeline” included as an attachment to the NOFO.

9) Racial Equity and Underserved Communities Analysis:

In accordance with the Executive Order on Advancing Racial Equity and Underserved Communities, proposals must demonstrate how the program advances equity with respect to race, ethnicity, religion, income, geography, gender identity, sexual orientation, and disability. The proposal must also demonstrate how the program will further engagement in underserved communities and with individuals from underserved communities. Proposals should demonstrate how addressing racial equity and underserved communities will enhance the programs’ goals and objectives, as well as the experience of participants. The support of underserved communities will be part of the review criteria for this opportunity. Therefore, proposals should clearly demonstrate how the program will support and advance equity and engage underserved communities in program administration, design, and implementation.

A Racial Equity and Underserved Community analysis, (not to exceed one (1) page, preferably as a Word document) helps consider the different ways in which activities might impact and be impacted by the community, country, and region where activities take place. Programs should seek strategies for integration and inclusion of individuals/organizations/beneficiaries that can bring perspectives based on their race, ethnicity, religion, income, geography, gender identity, sexual orientation, and disability.

10) Psychosocial Assistance (not to exceed one (1) page) as well as be incorporated into the “Budget” and “Budget Narrative” as appropriate): If charging as a direct cost, reflect appropriate resources and support for the psychosocial health of staff (i.e., activities can range from access to educational materials and training opportunities to counseling services to other contextually relevant support).

· References: For reference to international guidance, please see the following: Core Humanitarian Standard Commitment 8.9 https://corehumanitarianstandard.org/files/files/CHS-Guidance-Notes-and-Indicators.pdf ); and IASC Guidelines on Mental Health and Psychosocial Support in Emergency Settings Action Sheet 4.4 (https://www.who.int/publications/i/item/iasc-guidelines-for-mental-health-and-psychosocial-support-in-emergency-settings ).

11) Burma Due Diligence Assessment (not to exceed one (1) page, preferably in a Word document): Consistent with U.S. government policy toward U.S. foreign assistance for Burma or Burmese beneficiaries, awards are subject to restrictions. This includes restrictions, pursuant to section 7043(a)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (Div. G, P.L. 116-94(SFOAA), on funds appropriated under Title III of the Act for Assistance to Burma. Assessment must outline existing organizational practices for vetting program beneficiaries and capacity to conduct due diligence vetting. See attached Burma Guidance.

12) Attachments (if applicable):

· Letters of support from program partners describing the roles and responsibilities of each partner

· Official permission letters, if required for project activities

· CVs or resumes D.3. Unique Entity Identifier (UEI) and System for Award Management (sam.gov) The Unique Entity Identifier (UEI) is one of the data elements mandated by Public Law 109-282, the Federal Funding Accountability and Transparency Act (FFATA), for all federal awards. The federal government's primary database for complying with FFATA reporting requirements is www.sam.gov . OMB designated www.sam.gov as the central repository to facilitate applicant and recipient use of a single public website that consolidates data on all federal financial assistance.

All prime organizations, whether based in the United States or in another country, must have a Unique Entity Identifier (UEI) and an active registration with the SAM.gov before submitting an application. GCJ may not review applications from or make awards to applicants that have not completed all applicable UEI and SAM.gov requirements.

GCJ may not review applications from or make awards to applicants that have not completed all applicable UEI and SAM.gov requirements.

The 2 CFR 200 requires that sub-grantees obtain a UEI number. Please note the UEI for sub-grantees is not required at the time of application but will be required before the award is processed and/or directed to a sub-grantee.

Note: Please begin your registration immediately. Numerous errors require correction, such as an address mismatch, and can delay final registration. If the application is not corrected within 90 calendar days of original registration/or renewal submission, it will be automatically deleted and the organization will need to re-start the process.

· Organizations based in the United States or that pay employees within the United States will need an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). Also, a Commercial and Government Entity (CAGE) code and UEI number is required and issued through SAM.gov. Once received continue with the remainder of the SAM.gov registration.

· Organizations based outside of the United States and do not pay employees within the United States do not need an EIN from the IRS but do need a UEI number prior to registering in SAM.gov. Please note that as of November 2022 and February 2023 respectively, newly registering organizations based outside of the United States that do not intend to apply for U.S. Department of Defense (DoD) awards are no longer required to have a NATO CAGE (NCAGE).

If you are an organization based outside the U.S. and DO NOT plan to do business with the Department of Defense:

Step 1: Proceed to SAM.gov to obtain a UEI and complete the registration. SAM registration must be renewed annually.

If you are an organization based outside the U.S. and plan to do business with the Department of Defense:

Step 1: Apply for an NCAGE number NCAGE Homepage:

https://eportal.nspa.nato.int/AC135Public/sc/CageList.aspx NCAGE Code Request Tool (NCRT):

https://eportal.nspa.nato.int/Codification/CageTool/home For NCAGE help from within the U.S., call 1-888-227-2423 For NCAGE help from outside the U.S., call 1-269-961-7766 Email NCAGE@dlis.dla.mil for any problems in getting an NCAGE code.

Step 2: After receiving the NCAGE/CAGE Code, proceed to SAM.gov to obtain a UEI an complete registration.

All prime organizations must also continue to maintain active SAM.gov registration with current information at all times during which they have an active federal award or application under consideration by a federal award agency. SAM.gov requires all entities to renew their registration once a year in order to maintain an active registration status in SAM.gov. It is the responsibility of the applicant to ensure it has an active registration in SAM.gov and to maintain that active registration. If an applicant has not fully complied with the requirements at the time of application, the applicant may be deemed technically ineligible to receive an award and use that determination will be used as a basis for making an award to another applicant.

Information is included on the SAM.gov website to help international registrations: Please note, guidance on SAM.gov and the guidance on GSA’s website about requirement for registering in SAM.gov is subject to change and currently being updated. Applicants should review the website frequently for the most up-to-date guidance.

The attached “UEI and SAM.gov FAQ updated 013124” is a resource provided by the grants policy office. Any content shown from SAM.gov is not owned by the Department of State. This guidance and instruction are to the best of our knowledge at the time of posting this solicitation. Where guidance in this attachment differs from the SAM.gov website, SAM.gov prevails and the applicant is encouraged to seek and document clarity provided by the SAM.gov helpdesk.

D.3.1 Exemptions An exemption from the requirements listed above may be permitted under the following circumstances:

· For any applicant or recipient: if the federal awarding agency determines that it must protect information about the entity from disclosure if it is in the national security or foreign policy interests of the United States, or to avoid jeopardizing the personal safety of the applicant or recipient's staff or clients.

· For a foreign organization or foreign public entity applying for or receiving a federal award or subaward for a project or program performed outside the United States valued at less than $25,000: if the federal awarding agency deems it to be impractical for the entity to comply with the requirement(s). This exemption must be determined by the federal awarding agency on a case-by-case basis while utilizing a risk-based approach and does not apply if subawards are anticipated.

· For an applicant: if the federal awarding agency makes a determination that there are exigent circumstances that prohibit the applicant from receiving a unique entity identifier and completing SAM registration prior to receiving a federal award. In these instances, federal awarding agencies must require the recipient to obtain a unique entity identifier and complete SAM registration within 30 days of the federal award date.

Organizations requesting exemption from UEI or sam.gov requirements must email the point of contact listed in the NOFO at least two weeks prior to the deadline in the NOFO and provide a justification of their request. Approval for a SAM.gov exemption or waiver must come from the warranted Grants Officer before the application can be deemed eligible for review.

D.4. Submission Dates and Times Applications are due no later than 11:59 PM Eastern Standard Time (EST), on Friday, July 19, 2024 on grants.gov or MyGrants under the announcement title “Promoting Accountability for Genocide, Crimes Against Humanity, and War Crimes in Burma,” funding opportunity number “DFOP0016719” Faxed, couriered, or emailed documents will not be accepted. Reasonable accommodations may, in appropriate circumstances, be provided to applicants with disabilities or for security reasons.

It is the responsibility of the applicant to ensure that it has an active registration in grants.gov or MyGrants and that an application has been received by the system in its entirety. Application submissions are automatically logged by date and time when made in Grants.gov and MyGrants, and the Department of State will use this information to determine whether an application has been submitted on time. Late applications are neither reviewed nor considered. Applicants should not expect a notification upon GCJ receiving their application.

GCJ bears no responsibility for disqualification that results from applicants not being registered before the due date, for registration errors in either system, or other errors in the application process.

D.5. Funding Limitations, Restrictions, and Other Considerations GCJ will not consider applications that reflect any type of support for any member, affiliate, or representative of a designated terrorist organization. Please refer to the link for Foreign Terrorist Organizations: https://www.state.gov/foreign-terrorist-organizations/. Consistent with Department guidance on State Funding and the Risks of Terrorist Financing for all State Department funded programs and requirements, Department bureaus must assess the likelihood that the funds or Department funded activities, goods, services, training, expert advice or assistance, or other benefits to be provided, could inadvertently or incidentally benefit terrorist organizations or their members or supporters, and must put in place appropriate risk mitigation measures to mitigate such risk. In accordance with 14 FAM 247, and consistent with 2 FAM 050, Counterterrorism (CT) name-check vetting may be performed in countries and programs designated by the Department.

Project activities whose direct beneficiaries are foreign militaries or paramilitary groups or individuals will not be considered for GCJ funding given purpose limitations on funding.

The Leahy Law prohibits Department foreign assistance funds from supporting foreign security force units if the Secretary of State has credible information that the unit has committed a gross violation of human rights. Per 22 USC §2378d(a) (2017), “No assistance shall be furnished under this chapter [FOREIGN ASSISTANCE] or the Arms Export Control Act [22 USC 2751 et seq.] to any unit of the security forces of a foreign country if the Secretary of State has credible information that such unit has committed a gross violation of human rights.” Restrictions may apply to any proposed assistance to police or other law enforcement. Among these, pursuant to section 620M of the Foreign Assistance Act of 1961, as amended (FAA), no assistance provided through this funding opportunity may be furnished to any unit of the security forces of a foreign country when there is credible information that such unit has committed a gross violation of human rights. In accordance with the requirements of section 620M of the FAA, also known as the Leahy law, project beneficiaries or participants from a foreign government’s security forces may need to be vetted by the Department before the provision of any assistance. If a proposed grant or cooperative agreement will provide assistance to foreign security forces or personnel, compliance with the Leahy Law is required.

The following activities and costs are not allowed under this announcement and applications that include any of the following activities or costs will not advance to the Technical Review stage:

· The purchase of evidence, including paying inducements to conduct interviews

· Activities that engage with “justice systems” of the Burmese military regime

· Social welfare projects

· Payment to complete activities initiated with other funds

· Activities that appear partisan or that support individual or party electoral campaigns

· Academic or analytical research (if not necessary as part of a larger project)

· One-time events, such as stand-alone conferences

· Medical and psychological research and clinical studies

· Projects of a commercial or profit-making nature

· Cultural presentations, cultural research, cultural clubs, or festivals, etc.

· Alcoholic beverages;

· Costs of entertainment, including amusement, diversion, and social activities, and any associated costs, are unallowable, except where specific costs that might otherwise be considered entertainment have a programmatic purpose and are authorized either in the approved budget for the federal award or with prior written approval of the Grants Officer.

U.S. foreign assistance for Burma or Burmese beneficiaries is subject to restrictions. This includes restrictions pursuant to section 7043(a)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (Div. G, P.L. 116-94)(SFOAA), on funds appropriated under Title III of the Act for Assistance for Burma. Section 7043(a)(3) provides that such funds “may not be made available to any organization or entity controlled by the armed forces of Burma, or to any individual or organization that advocates violence against ethnic or religious groups or individuals in Burma, as determined by the Secretary of State.” In addition, funds cannot be made available to any individual or organization that has committed serious human rights abuse.

Representation by Organization Regarding a Delinquent Tax Liability or a Felony Criminal Conviction: In accordance with section 7073 of Division K of the Consolidated Appropriations Act, 2014 (Public Law 113-76) none of the funds made available by that Act may be used to enter into an assistance award with any organization that –

(1) Was “convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency has direct knowledge of the conviction, unless the agency has considered, in accordance with its procedures, that this further action is not necessary to protect the interests of the Government”; or

(2) Has any “unpaid Federal tax liability that has been assessed for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless the Federal agency has considered, in accordance with its procedures, that this further action is not necessary to protect the interests of the Government.”

For the purposes of Section 7073, it is the Department of State’s policy that no award may be made to any organization covered by (1) or (2) above, unless the Procurement Executive has made a written determination that suspension or debarment is not necessary to protect the interests of the U.S. Government.

Organizations should be cognizant of the restrictions above when developing project proposals. Funding restrictions require appropriate due diligence of program beneficiaries and collaboration with GCJ to ensure compliance. Program beneficiaries subject to due diligence vetting will include any individuals or entities that are beneficiaries of foreign assistance funding or support. Due diligence vetting will include a review of open-source materials.

D.6 Other Submission Requirements Since SAMS/MyGrants interface with sam.gov, applicants should obtain a UEI and complete the registration process in sam.gov before submitting an application. If you do not have an active SAM.gov registration, INITIATE THIS PROCESS IMMEDIATELY.

Applicants are encouraged to submit applications during normal business hours (Monday – Friday, 9:00AM-5:00PM Eastern Standard Time (EST)). If an applicant experiences technical difficulties and has contacted the appropriate helpdesk but is not receiving timely assistance (e.g. if you have not received a response within 48 hours of contacting the helpdesk), you may contact the GCJ point of contact listed in the NOFO in Section G. The point of contact may assist in contacting the appropriate helpdesk.

Note: The Grants Officer will determine technical eligibility of all applications.

MyGrants (formerly SAMS Domestic) Applications:

Applicants using MyGrants for the first time will need their “New Organization Registration.” To register with MyGrants, navigate to https://MyGrants.servicenowservices.com and click “Create an Account” under “New User?” On the pop-up select “Create a MyGrants Applicant/Grantee Account” and complete all required fields. Once completed, an email will be sent to verify the account creation followed by an Okta Account set-up which will require the use of a smartphone for multi-factor authentication (MFA). If an applicant does not have accessibility to a smartphone during the time of account creation, please contact the helpdesk.

MyGrants Help Desk:

For assistance with MyGrants accounts and technical issues related to the system, please contact the ILMS help desk by phone at +1 (888) 313-4567 (toll charges apply for international callers) or through the Self Service online portal that can be accessed from ILMS Self Service Portal. Customer support is available 24/7.

Grants.gov Applications:

Applicants who do not submit applications via MyGrants may submit via www.grants.gov.

The individual registered in sam.gov as the EBiz POC must be the individual to create the grants.gov account using the same email address as used in sam.gov and add a profile with grants.gov using the UEI. The EBiz POC can then delegate administrative roles to other users. Read the Help article, Manage Roles for Applicant, for instructions.

More information can be found at Applicant Registration, which includes workspace overview, how to apply for grants, track my application and applicant training.

Note: Grants.gov recommends using Adobe Acrobat Reader for Windows or MAC OS. Adobe Reader version 9.x is no longer compatible for use with grants.gov workspace PDF forms.

Applicants will receive a validation e-mail from Grants.gov upon the successful submission of an application. Validation of an electronic submission via Grants.gov can take up to two business days. Applicants are strongly encouraged to take a screenshot of the checklist showing submission of all documents in case any document fails to upload successfully and as proof for the helpdesk.

Grants.gov Helpdesk:

For assistance with Grants.gov, please call the Contact Center at +1 (800) 518-4726 or email support@grants.gov. The Contact Center is available 24 hours a day, seven days a week, except federal holidays.

See https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/ for a list of federal holidays.

Section E: Application Review Information E1. Proposal Review Criteria GCJ review panel will evaluate each application individually against the criteria listed below, in order of importance, and not against competing applications. Please use the below criteria as a reference, but do not structure your application according to the sub-sections.

Applications should contain the applicant’s best terms from both cost and technical standpoints. The implementing partners (sub-recipients) of the primary recipient will be subject to Department of State approval.

Quality and Feasibility of Project Idea (20 points):

The program idea is well developed and responsive to the policy and program objective of the NOFO. The applicant describes the project’s potential contribution to solving the problem addressed in the problem statement. The application clearly defines the problem; its’ causes; stakeholders; and existing research/data; the approach taken to solve the problem; realistic milestones to indicate progress.

Organizational Capacity and Record of Performance (20 points):

The applicant demonstrates an institutional record of successful projects in the content area proposed. The applicant demonstrates experience (e.g., has previously worked and/or has established contacts/partners) in the proposed country/territory/region. The organization has expertise in its stated field and has adequate staffing to manage the proposed project. The applicant demonstrates capacity for responsible fiscal management of donor funding (e.g., successful management of a previous grant or sub-award).

Program Planning/Ability to Achieve Objectives (20 points):

Goals and objectives are clearly stated, and project approach is likely to provide maximum impact in achieving the proposed results. The applicant proposes activities that are feasible, and are also practical, and/or experiential in nature to encourage innovation. The applicant addresses how the project will engage or obtain support from relevant stakeholders and/or identifies local partners.