CARP_USAID CARPE TC_NOFO attachment.docx

F.2 USAID CARPE Special Terms and Conditions Central Africa Regional Program Landscape NOFO

Applications awarded under this announcement will be funded through a Participating Agency Program Agreement between the Service and the United States Agency for International Development, Central Africa Regional Program for the Environment (CARPE). The Activity Title of the Agreement is Strengthening Conservation Management in Central Africa signed on May 17, 2021. Recipients are subject to the special terms and conditions outlined below:

1. Special Provisions – Reporting and Information Per the PAPA, the Service will contact the recipient to obtain the following information:

a. USAID Biodiversity Standard Indicator Reporting Recipients must report on up to six USAID standard indicators (listed under D2.7. Project Monitoring and Evaluation), as applicable to each award, annually on or before September 30. The Service will provide the Performance Indicator Reference Sheet (PIRS) describing the indicators, including acceptable measurement methods and disaggregation. Results during each U.S. federal fiscal year (October 1 through September 30) are aggregated with results of similar partnerships to better communicate the scale and impact of FWS-managed and Agency-wide USAID conservation programs. Standard indicators are not a substitute for activity-specific measures useful for adaptive management and learning.

b. Eliminate, Neutralize and Disrupt (END) Wildlife Trafficking Act Reporting USAID and the Service are key members of the U.S. Task Force on Wildlife Trafficking, responsible for implementation of the END Wildlife Trafficking Act. Reporting on indicators related to wildlife trafficking response or status in END Act Focus Countries may be requested.

c. Performance Update The Service may request additional project updates. If applicable and as necessary, the Service will reach out to specify due dates and outline requested information.

2. Special Provisions – Co-branding and Co-marking All projects, activities, public communications, and commodities funded partially or fully by USAID are subject to the Service and USAID co-branding and co-marking standards and requirements. The use of the Service and USAID names and the reproduction of the logos on any garment, piece of equipment, commemorative item or other object, or within a publication, media event, or in conjunction with an event or other activity, when the use is essentially a public service and will contribute to the educational and conservation program must request and receive approval from the Service for co-branding and co-marking. To obtain the necessary approval, a written email request to the Service program is required. The email request should include entity’s name, address, full description of item/s to carry the logos, how the item or name will be used, presented and/or distributed.

If the request is approved by the Service, the recipient must follow USAID’s branding and marking guidelines available at https://www.usaid.gov/branding and follow the Service’s instructions for use of the Service logo.

3. Special Provisions – Data and Information Products 2 CFR 200.315 applies to all data and information products generated with federal financial assistance. Data and information products under this award should generally be publicly available and actively shared with appropriate international, national, and regional platforms and networks, in order to maximize their conservation and other development value. Data or information products that are law- enforcement-sensitive, that could put individual people, places or wildlife at risk, or that only serve time-limited project management purposes should not be made public or otherwise shared with those lacking a need to know.

4. Special Provisions – Compliance with USAID Policy Guidance

a. USAID 2020 Gender Equality and Women’s Empowerment Policy: https://www.usaid.gov/policy/gender-equality-womens-empowerment It is expected that activities carried out under this award do not disadvantage women and give consideration to how to address disadvantages women often face in developing countries. Progress reporting and monitoring and evaluation exercises must include sex-disaggregated data for all people-level indicators. The Service may, as it deems warranted, conduct gender analyses to inform the development, implementation, and adaptation of activities under this award. The Service will inform the recipient of any such gender analyses relevant to the award, as well as expectations for incorporating the analyses’ recommendations into the activity.

b. USAID Policy on Promoting the Rights of Indigenous Peoples If it is determined by the Service that Indigenous Peoples may be stakeholders to an activity, the recipient should comply with USAID’s Policy on Promoting the Rights of Indigenous Peoples, April 2020: https://www.usaid.gov/policy/indigenous-peoples. The recipient should apply principles related to analysis, engagement, safeguards, and partnership in order to respect and strengthen Indigenous Peoples’ rights and development.

5. Special Provisions – Environmental Regulations USAID environmental regulations codified in Federal Regulations (22 CFR 216) and in USAID’s ADS Chapters 201 and 204 (https://www.usaid.gov/about-us/agency-policy/series-200), should be followed in order to ensure environmental and social safeguards are in place while executing the Program. An Environmental Mitigation and Monitoring Plan (EMMP) is required and has been completed, reviewed, and approved. The EMMP reflects environmental and social risks identified in the USAID/DDI Initial Environmental Examination (IEE), including a Climate Risk Assessment and social safeguards for work related to protected areas. Resources for understanding and applying protected area social safeguards are available at https://biodiversitylinks.org/library/key-resources#parks. If environmental and social risks identified in the IEE are applicable and the approved EMMP identifies mitigation actions, an Environmental Mitigation and Monitoring Report (EMMR) on the application of the EMMP must be submitted concurrent with project reporting. The Service will provide an EMMR reporting template if applicable.

6. Special Provisions – Support to Law Enforcement

a. This award may fund conservation efforts authorized under the Foreign Assistance Act that require working with or providing direct support to entities meeting the definition of “foreign security force,” which may include law enforcement personnel, park rangers, police, or customs officials. However, the Leahy Law prohibits assistance to security forces known to have committed a gross violation of human rights. To apply the Leahy Law, the U. S. Department of State screens individuals and units intended to receive assistance before the commencement of any support. All forms of support to a foreign security force, including provision of training, workshop participation, technical assistance, and direct purchase of material or equipment, are subject to vetting for any record of human rights violations (i.e., “Leahy vetting”).

b. Leahy vetting must be completed in advance of assistance being delivered. The Service will provide the necessary form to the recipient; the form should be completed and returned to the Service at least 30 business days before the applicable training or assistance activity will take place. The recipient must encrypt the form before emailing it to protect Personally Identifiable Information (PII). Individuals or units that have passed this screening are eligible to receive assistance for up to one year before being vetted again.

c. Any anticipated support for law enforcement not previously identified in the application must first be approved by the Service as part of a scope of work change prior to implementation of such support under this award.

7. Special Provisions – Investment Promotion

a. No funds or other support provided under this award may be used in a project or activity reasonably likely to involve the relocation or expansion outside of the United States of an enterprise located in the United States if non-U.S. production in such relocation or expansion replaces some or all of the production of, and reduces the number of employees at, said enterprise in the United States.

b. No funds or other support provided under this award may be used in a project or activity, the purpose of which is the establishment or development in a foreign county of any export processing zone or designated area where the labor, environmental, tax tariff, and safety laws of the country would not apply, without prior written approval of USAID. The recipient must contact the Service to obtain USAID approval.

c. No funds or other support provided under this award may be used in an activity that contributes to the violation of internationally recognized rights of workers in the cooperating country, including those in any designated zone or area in that country.

8. Special Provisions – Eligible Countries This award is issued with funds appropriated under the Foreign Assistance Act and such funds will only be expended for assistance to countries eligible for assistance under the Foreign Assistance Act of 1961, as amended, or under acts appropriating funds for foreign assistance.

9. Special Provisions – Country-level Coordination The Service has obtained concurrence from the relevant USAID Mission(s) where the award will be implemented. Any required or encouraged specific conditions related to in-country coordination with the relevant USAID Mission(s) that go beyond routine coordination and information sharing are included in the special conditions section of this award.

10. Special Provision – Source and Commodities

a. In accordance with 22 CFR Part 228 and USAID ADS Chapter 310 and 312, suppliers of commodities and services financed under this award are authorized from country code 935. Country code 935 is defined as the United States, the Cooperating Country, and developing countries other than advanced developing nations, and excluding prohibited sources. A list of these countries is available at ADS 310 (https://www.usaid.gov/ads/policy/300/310)

b. If the Service approved the recipient’s purchase of a motor vehicle under this award, the recipient is authorized to purchase or lease a vehicle manufactured outside the United States, as the requirement in 22 CFR 228.19(b) has been waived.

c. The Service may authorize the source and nationality of a procurement under this award in a country other than as specified in this section, only if:

i. The procurement is of commodities or services of a type that is not produced in and available for purchase in any country authorized under this award; or

ii. The Service determines in writing on a case-by-case basis that procurement in such other country is necessary (a) to meet unforeseen circumstances, such as emergency situations, or (b) to promote efficiency in the use of U.S. foreign assistance resources, including to avoid impairment of foreign assistance objectives.

iii. The authorization for procurement under this paragraph must be in writing and must set forth the basis for the authorization. The recipient must seek written authorization from the Service before making such purchases.

11. Special Provisions – Other Agreements

a. In each Cooperating Country in which a framework economic assistance bilateral agreement governing privileges, immunities, and tax exemptions of USAID-financed personnel, entities, and commodities is not in effect, the Service, with the assistance of USAID and, if necessary, the United States Embassy in the Cooperating Country, will seek to obtain for its personnel, contractors, and recipients as well as for any commodities financed under this Agreement, exemptions from taxes, duties, and fees that may be imposed by the Cooperating Country with respect to activities or transactions financed under this Agreement.

b. Funds provided by the Service to the recipient for this award must only be used for the purposes stated in this award. If such assistance is no longer needed for such purpose, the recipient must immediately notify the Service so the Service may determine, in coordination with USAID, if the funds may be used for other purposes.

12. Special Provisions – Commerce and Trade

a. No funds or other support provided under this Agreement may be used for any testing or breeding feasibility study, variety improvement or introduction, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States: provided that this shall not prohibit (a) activities designed to increase food security in developing countries where such activities will not have a significant impact in the export of agricultural commodities of the United States; or (b) research activities intended primarily to benefit United States producers.

b. No funds or other support provided under this Agreement may be used to

i. Procure directly feasibility studies or pre-feasibility studies for, or project profiles of potential investment in, the manufacture, for export to the United States or to third country markets in direct competition with United States exports, of import-sensitive articles as defined by 19 U.S.C. 2463 (b) (1) (A) and (E)); or

ii. Assist directly in the establishment of facilities specifically designed for the manufacture, for export to the United States or to third-country markets in direct competition with United States exports, of import-sensitive articles as defined by 19 U.S.C. 2463 (b) (1) (A) and (E)).

13. Special Provisions – Visa Compliance for Exchange Visitors Any activities financed under this award that include the travel of foreign nationals to the United States must comply with USAID ADS 252.

14. Special Provisions – Audits This award is subject to audit and inspection by authorized U.S. Government officials. For awards to non-U.S. nongovernmental organizations, if the recipient receives $750,000 or more per year in Service awards in their fiscal year, the recipient agrees that it will have an independent financial audit of the funds provided under such awards. The financial audit of the funds disbursed to the recipient will determine whether the receipt and expenditure of the funds provided under the grant are in accordance with generally accepted accounting principles and whether the recipient has complied with the terms of the Agreement. An audit must be conducted for each fiscal year of the recipient. The audits must usually be performed annually, but not less frequently than every two years. The audits must be performed in accordance with generally accepted government auditing standards issued by the Comptroller General of the United States (https://www.gao.gov/yellowbook). Non-U.S., nongovernmental organizations receiving less than $750,000 per year are exempt from the financial audit requirements but are subject to the requirement to make records available upon request for review by authorized U.S. Government officials. The results of such audits must be submitted to the Service Program Officer identified in the Notice of Award.

15. Special Provisions – Books and Records The recipient must maintain books and records related to the award in accordance with generally accepted accounting principles as formally prescribed by the United States, the Cooperating country, or the International Accounting Standards Committee (an affiliate of the International Federation of Accountants). Such books and records of the recipient for this award may be audited by the Service, USAID, or other authorized U.S. Government officials for a period of three (3) years from the expiration of the award.

16. Special Provisions – Drug Trafficking and Other Offenses (Section 487) No assistance may be provided under this award to or through any individual or entity where the U.S. Government has reason to believe that the individual, the entity or a “key individual” of the entity is or has been involved in “drug trafficking activities” (including “money laundering”) (all quoted terms in this clause having the meanings given them in Section 487 of the Foreign Assistance Act of 1961 as amended and USAID ADS Chapter 206). The Service reserves the right to terminate this award or take other appropriate measures if the recipient or a key individual of the recipient is found to have been convicted of a narcotic offense or to have been engaged in drug trafficking as defined in 22 CFR Part 140.