INL24CA0069 NOFO Enhancing Detainees' Rights in Tunisia.pdf

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.U.S. DEPARTMENT OF STATE

Bureau of International Narcotics and Law Enforcement Affairs (INL)

Notice of Funding Opportunity (NOFO)

Announcement Type: Request for Federal Assistance Award Applications

Funding Opportunity Title: Enhancing Detainees’ Rights in Tunisia

Funding Opportunity Number: INL24CA0069-AMETunis-DetaineeRights-050724

Program: INL/AME - Access to Justice Program

Catalog of Federal Domestic Assistance (CFDA) Number:

19.703 - Criminal Justice Systems

Total Funding Available: $2,000,000 U.S. Dollars

Funding Source: Post-Funds

Application Ceiling: Up to $2,000,000 U.S. Dollars

Application Floor: At least $1,500,000 U.S. Dollars

Anticipated Number of Awards: 1 award

Initial Project Implementation Length: 24 months

Estimated Project Start Date: October 2024

NOFO Issuance Date: May 7, 2024

Deadline for Submission of Questions: June 5, 2024 by 11:59 PM EST via email

Deadline for Submission of Applications: July 3, 2024 by 11:59 PM EST via www.grants.gov

Assistance Type: Cooperative Agreement

Applicant Types and Eligibility Categories:

Organizations only.

Refer to Section C: Eligibility Information for more information.

http://www.grants.gov/

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INL Points of Contact:

SiMonique Stallworth (stallworths@state.gov) – Grants Officer Stephanie Sabbath (SabbathSN@state.gov) – Program Officer

BUREAU MISSION

The mission of the State Department’s Bureau of International Narcotics and Law Enforcement Affairs (INL) is to keep Americans safe by countering crime, illegal drugs, and instability abroad. The Bureau of International Narcotics and Law Enforcement Affairs (INL) is at the forefront of responding to these challenges, uniting these overarching themes through our foreign assistance programs, diplomatic engagement, and policy coordination.

INL’s foreign assistance programs are essential to advancing U.S. policy objectives. INL programs advance the following strategic goals:

1. Disrupt and reduce illicit drug markets and transnational crime to protect American lives and U.S. national security.

2. Combat corruption and illicit financing to strengthen democratic institutions, advance rule of law, and reduce transnational crime and its enablers.

3. Strengthen criminal justice systems to support stable, rights respecting partners.

mailto:stallworths@state.gov mailto:SabbathSN@state.gov

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TABLE OF CONTENTS

A. PROJECT DESCRIPTION

B. FEDERAL AWARD INFORMATION

C. ELIGILIBITY INFORMATION

D. APPLICATION AND SUBMISSION INFORMATION

E. APPLICATION REVIEW INFORMATION

F. AWARD ADMINISTRATION INFORMATION

APPENDIX A: PERFORMANCE MONITORING PLAN

APPENDIX B: PROJECT RISK ANALYSIS

APPENDIX C: BUDGET AND BUDGET NARRATIVE

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A. PROJECT DESCRIPTION

Overview: The Bureau of International Narcotics and Law Enforcement Affairs of the U.S.

Department of State announces an open competition for organizations to submit applications to carry out a project that will improve access to justice for detainees in Tunisia, including by enhancing detainees’ legal rights.

Priority Region/Countries: Tunisia / Governorates of Gafsa, Jendouba, Kairouan, Manouba (or Ben-Arous), Medenine, Nabeul, and Sousse.

Problem Statement: This project seeks to enhance detainees’ rights in Tunisia by expanding access to legal aid and improving enforcement of detainee rights in Tunisia. In 2016, Tunisia passed wide-ranging reforms of its Criminal Procedure Code (CPC). Act 2016-5 (Law 5) enacting article 13 of the CPC gave arrestees in police custody the right to legal counsel and significantly reduced the duration of legal pre-charge detention from 72 to 48 hours. By the order of public prosecutor and when justified, pre-charge detention could be extended with 48 hours for felonies and 24 hours for misdemeanors. In parallel, the anti-terrorism law of 2015 allows prosecutors and police to hold suspects for the first 48 hours without access to a lawyer and extends the duration of pre-charge custody to five days extendable two times for a total of 15 days. Since Law 5 came into force, its application has been uneven. This project seeks to ensure that the rights granted to civilians in Tunisia by Law 5 and criminal procedures proposing alternatives to detention, inter alia, bail provisions, are enforced consistently during the pre-trial phase.

Project Vision: This project will raise awareness of the legal provisions in Law 5 among criminal justice and security stakeholders, defense lawyers, civil society organizations (CSOs), and the Tunisian public; implement an automated referral system to alert and assign public defenders to cases; and build the capacity of CSOs to conduct advocacy, provide legal aid, and conduct pre- and post-trial detention monitoring.

Project Goal(s) and Objectives: Taking into account the political, judicial, and security situation in Tunisia, the overall goal of this project aims to protect and improve the basic rights of individuals (including marginalized groups) in custody, complying with the relevant Tunisian legal framework.

Complying with the legal framework of the pre-charge and pretrial detentions, including, but not limited to Law 5 provisions, will empower the legal rights of Tunisian citizens, particularly from vulnerable groups who are more likely exposed to violations. In the absence of political will to further reform the Penal Code (PC) and CPC, the project should focus on improving and institutionalizing criminal chain practices, while building capacity and raising awareness among magistrates, judicial police, lawyers, professors, law students, CSOs, etc. to support reform efforts. Interaction and exchanges between the key stakeholders should be considered as well.

INL is looking to partner with applicants who have a proven track record in supporting Tunisia’s efforts to promote people-centered criminal justice reforms based on human rights and the rule of law. Applicants should have experience implementing projects covering various aspects of the Tunisian criminal justice and security system, including, inter alia, custody monitoring, trial observation, PC and CPC reform efforts, carceral system, legal aid including for political

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Applicants should have expertise in detention monitoring and have the necessary resources to implement PC and CPC provisions related to detention, including, but not limited to, Law 5 and bail provisions, and advocate to strengthen these legal protections with strategic partners such as legal defense lawyers, the Tunisian Young Lawyers Association (ATJA), and a coalition of civil society organizations, among other stakeholders.

Applicants are encouraged to design a project that incorporates advocacy efforts, reform plans, data collection and analysis, and sustainability. Reform plans should be prepared based on a realistic risk assessment study of the political situation, human rights, and the rule of law. Applicants are encouraged to leverage civil society advocacy to promote comprehensive reform of the PC and CPC.

More broadly, the proposal should aim to promote a mindset shift among penal chain actors focused on rehabilitation. Offering legal and psychological aid to vulnerable individuals in custody (time of arrest, pre-charge detention, and pretrial detention) and/or victims of abuse (referred to by local partners or international organizations) as well as building strategic litigation cases would serve such an objective.

The proposal should focus on five interconnected Specific Objectives:

1. The Tunisian public (including vulnerable groups) is empowered through increased legal and civic engagements to understand and defend their rights while in custody.

2. Tunisian public have digitized access to defense lawyers and greater availability of pro-bono legal services during the custody phase. (Additional solutions such as a toll-free number could be considered).

3. Key judicial and law enforcement stakeholders in Tunisia are trained and engaged in promoting the legal framework on the custody phase.

4. Civil society in Tunisia is trained and skilled in conducting advocacy and supporting government reform efforts on detention.

5. Civil Society Organizations (CSOs) working on criminal justice reform in Tunisia are organized into a viable and active coalition through a network that amplifies their voices, share resources, and exert influence on policy making to support reform efforts.

Project activities and deliverables:

1) Strengthening the legal and civic empowerment of the Tunisian public on custody rights and alternative to detention, especially vulnerable groups, through targeted initiatives such as:

• Conducting legal awareness campaigns in communities.

• Providing educational resources on rights and legal procedures.

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• Organizing workshops and training sessions on civic engagement and advocacy.

2) Digitizing access to legal assistance, particularly during the custody phase, with a focus on pro bono services. This involves, inter alia:

• Developing a user-friendly digital platform for remote legal consultations.

• Implementing additional innovative solutions to enhance accessibility.

• Ensuring the platform caters to the specific needs of those in custody.

3) Improving the capacity and awareness of key stakeholders including:

• Conducting training programs for law enforcement, judiciary, and legal professionals.

• Organizing public awareness campaigns on the importance of legal rights and procedures related to pre-chare and pretrial detentions.

• Raising awareness of stakeholders about the needs of vulnerable populations in custody within the legal system.

• Raising awareness of stakeholders to enforce existing criminal procedures proposing alternatives to detention, such as, and not limited to, bail provisions.

4) Equipping civil society with technical capacity and advocacy skills through, inter alia:

• Providing technical training on legal processes and advocacy strategies.

• Offering resources for grassroots organizations to enhance their capabilities.

• Facilitating networking opportunities to share best practices in advocacy.

5) Building and animating a coalition of Civil Society Organizations (CSOs) focused on criminal justice reform, involving:

• Establishing a collaborative platform for CSOs to share resources and expertise.

• Hosting regular forums or conferences to discuss criminal justice reform.

• Encouraging joint advocacy efforts to address systemic issues in the legal system.

Participants and Audiences:

1) Legal and Civic Empowerment Initiatives:

• Target Audiences: General public, including vulnerable groups such as women, LGBTQI+ individuals, indigent people, soft drug users/drug addicts, racial and ethnic minorities, people with disabilities, and religious minorities.

2) Inclusivity Measures: Ensure materials and outreach methods are culturally sensitive, translated if necessary, include visuals and symbols to reach illiterate audiences, and involve community leaders to facilitate understanding and participation.

3) Digitizing Access to Legal Assistance:

• Target Audiences: Defense lawyers, front-line police officers, individuals in custody and detention, marginalized communities, and those with limited access to traditional legal services.

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• Inclusivity Measures: Design the digital platform with accessibility features, conduct outreach in diverse communities, and actively seek feedback from users to address any barriers.

4) Stakeholder Capacity Building:

• Target Audiences: Law enforcement, judiciary, legal professionals, CSOs, and community leaders.

• Inclusivity Measures: Offer tailored training to address specific needs of different groups, including sensitivity training on issues related and not limited to gender, LGBTQI+ rights, and disability.

5) Equipping Civil Society:

• Target Audiences: Local CSOs, grassroots activists, and advocates.

• Inclusivity Measures: Facilitate workshops in multiple languages, address diverse perspectives, and actively involve underrepresented groups in the planning and execution of activities.

6) Coalition Building:

• Target Audiences: CSOs working on criminal justice reform.

• Inclusivity Measures: Encourage representation from organizations focused on gender equality, LGBTQI+ rights, racial, religious, and ethnic diversity, disability rights, and other underrepresented groups. Foster an inclusive environment for open dialogue and collaboration.

Applicants should explicitly outline their strategies for equitable inclusion, emphasizing participatory, locally-led, and intersectional approaches. This may involve creating advisory groups, conducting regular consultations, and implementing measures to ensure the safety and comfort of all participants, considering the diversity of identities and experiences within the targeted communities.

Project Expansion: N/A

B. FEDERAL AWARD INFORMATION

Applicants are encouraged to reference the table on the first page(s) of this NOFO to determine the basic federal award information (e.g., project length, amount of funding available, anticipated number of awards, assistance type, etc.). Additional award information is included in this section, although specific aspects of the award(s) issued from this NOFO may differ from program to program.

1. Project Implementation Period

The initial project implementation length is the amount of time (e.g., months) applicants should plan to implement the project. If a range of months is listed, applicants should propose a realistic project length within that range.

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INL may extend the project implementation period, contingent on INL priorities, good performance of the recipient, Department of State management approvals, and funding availability. INL projects shall not exceed five (5) total years of project implementation.

2. Assistance Type

The type of assistance is determined by scope of INL’s involvement in the implementation of the project. Refer to the table on the first page(s) of the NOFO to determine whether this particular project will be a grant or cooperative agreement.

For cooperative agreements, INL may be substantially involved in the following ways:

• Approval of the recipient’s annual work plans, including: planned activities for the following year, travel plans, planned expenditures, event planning, and changes to any activity to be carried out under the Cooperative Agreement;

• Approval of specified key personnel;

• Approval of sub-award recipients (if any), and concurrence on the substantive provisions of the sub-awards; and coordination with other cooperating agencies; and

• Approval of Monitoring and Evaluation Plan

• Develop a communication framework outlining how the applicant will maintain constructive, respectful, and culturally sensitive contact with participants in this planned program, as well as with representatives of the Government of Tunisia. This framework should include plans to work with INL to address concerns that may arise throughout the project.

• Submit a written acknowledgement that, as the grantor and partner in this cooperative agreement, INL maintains a significant oversight role. Throughout the project, the applicant should maintain regular contact and seek input from INL Tunis, which has a mandate to monitor the project’s progress to ensure compliance with applicable federal requirements and to see that performance expectations are being achieved.

• Other country- or project-specific approvals will be included in the award documents.

3. Funding Notices

This award will be supported with International Narcotics Control and Law Enforcement (INCLE) funds under the Foreign Assistance Act of 1961. This notice is subject to availability of funding.

Length of performance period: 24 months.

Anticipated program start date: October 1, 2024 Number of awards anticipated: 1 award (dependent on amounts) Award amounts: awards may range from a minimum of $1,500,000 to a maximum of $2,000,000.

Total available funding: $2,000,000 USD Type of Funding: FY 21/22 INCLE funds under the Foreign Assistance Act.

C. ELIGILIBITY INFORMATION

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1. Eligible Applicant Types The following organizations are eligible to apply:

• U.S.-based non-profit/non-governmental organizations (NGOs);

• U.S.-based educational institutions subject to section 501(c)(3) of the U.S. tax code or section 26 US 115 of the US 115 of the U.S. tax code;

• Foreign-based non-profits/non-governmental organizations (NGOs);

• Foreign-based educational institutions

2. Cost Sharing or Matching

Cost share is the portion of project costs not borne by the U.S. government. Cost share is recommended but not required for this project. Applicants must be able to ensure cost share is accounted for/tracked through accounting systems and/or supporting documentation (such as Personnel Activity Records, proof of voluntary hours, proof of any purchases for materials being included as cost share, etc.)

Any cost share proposed must be appropriately captured within the SF-424A, budget, and budget narrative.

3. Other Eligibility Requirements

• In order to be eligible to receive an award, all organizations must have a unique entity identifier (also known as UEI), as well as a valid registration on www.SAM.gov.

Individuals are not required to have a unique entity identifier or be registered in SAM.gov. Refer to Section D for additional guidance.

• Applicants are only allowed to submit one proposal per organization. Organizations may form a consortium and submit a combined proposal, however one organization should be designated as the lead applicant and other organization(s) listed as sub-recipient partner(s).

• To be eligible to receive a federal assistance award, organizations must have a commitment to non‐discrimination with respect to beneficiaries and adherence to equal opportunity employment practices. INL is committed to an anti-discrimination policy in all of its programs and activities. INL welcomes applications irrespective of an applicant’s race, ethnicity, color, creed, national origin, gender, sexual orientation, gender identity, disability, or other status.

• All applicants must provide a workplace free from harassment and bullying for all individuals, including but not limited to cooperative agreement/grant personnel and INL personnel.

• Applicants are reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the recipient to ensure compliance with these Executive Orders and laws. This provision must be included in any sub‐awards issued under this grant award.

Note: Public International Organizations (PIOs) and For-Profit Organizations are excluded from applying to INL grant/cooperative agreement announcements.

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D. APPLICATION AND SUBMISSION INFORMATION

Applicants should carefully follow all instructions in this section to ensure their application is formatted properly and includes all required documents. Proposals that do not meet the requirements of this announcement or fail to comply with the stated requirements will be deemed ineligible for review.

1. How to Apply and Submit Questions

This opportunity is posted on www.grants.gov, along with all required application forms and, where applicable, templates for application documents. Applications and all supporting documents must be submitted via www.grants.gov. INL reserves the right to reject any applications submitted through improper channels.

Applicants are encouraged to closely review the NOFO and email questions to the INL points of contact by the deadline listed on the first page(s) of this document. After the question deadline has passed, INL will respond to all questions publicly through a Questions & Answers document uploaded to the Related Documents tab of this opportunity.

2. Required Application Documents All documents in the following list must be included in your application, unless explicitly listed as optional. If a document includes a page limit, please adhere to that limit in your application.

Applicants that do not submit all required documents will be notified via email of their ineligibility after the application deadline.

Standard Application Forms

SF-424 (Application for Federal Assistance – Organizations)

Must be signed by an authorized signatory of the applicant’s organization.

SF-424A (Budget Information for Non-Construction Programs)

SF-424B (Assurances for Non-Construction Programs) – Optional The SF-424B is only required for applicants who are not registered in SAM.gov.

Project Proposal The proposal should contain sufficient information that anyone not familiar with it would understand exactly what the applicant is proposing to do. The following documents may be submitted separately or combined into one document. If combined, please be sure to adhere to the page limits for each section.

Proposal Narrative – Maximum 20 pages Applicants may use their own proposal template, but it must include all the sections below. Refer to Appendix A for additional guidance on drafting a proposal narrative.

Cover Page: include organization name, project title, requested number of months, target country(ies), point(s) of contact, and requested funding amount.

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Table of Contents: list all documents and attachments with page numbers.

Executive Summary: Provide a synopsis of the project.

Project Context: Include an analysis of the issue to be addressed, including why it is important to address, what the main causes of the issue are, and who has power to effect change on the issue; suggested approaches and solutions (with evidence to support suggestions); and suggestions for revision to NOFO goals and objectives if needed.

Theory of Change & Implementation Plan: Describe the implementation plan (specific activities to implement suggested solutions); explain how or why they should result in accomplishment of the project goals and objectives (i.e., the theory of change). Projects should be designed such that activities, if implemented according to plan, should result in achievement of program objectives; and objectives, if achieved, should result in achievement of program goals. The Theory of Change should clearly demonstrate this causal logic. Finally, discuss likely challenges to implementation, including any risks of harm to project implementers or participants, along with mitigation strategies.

Gender, Equity, and Inclusion Analysis: Include in your proposal an analysis that addresses the ways in which women, gender diverse persons, and members of other marginalized and underrepresented groups (as specified in the “Participants and Audiences” section above) might affect and be affected differently by your work, including a consideration of their safe and meaningful participation. Strengthen your proposal by incorporating the results of this gender, equity and inclusion analysis into your project design. Include a description of how you will minimize any inequities and identified potential risks.

Description of Prior Work: Provide brief descriptions, including outcomes and deliverables, of any similar projects the organization has implemented.

Future Funding Plan/Sustainability: Briefly discuss the plan for ensuring the sustainability of the project (i.e., that the project continues to have impact beyond the grant period) or note if sustainability is unlikely without continued support. Applicants may also include a brief section outlining how additional funds could potentially be used to expand work into additional activities or countries beyond the initial project period.

Performance Monitoring Plan

See Appendix A for more details and instructions. Applicants MUST submit the following:

• Change Map (see template) or equivalent

• Illustrative Performance Indicator Reference Sheet (see template)

Note 1: If full performance monitoring information is not available at the time of the proposal, applicant should indicate that the indicators and associated information are notional. If selected, a final version of the documents will be required as an early deliverable.

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Note 2: INL may require the grantee to report quarterly performance report information in INL’s DevResults database.

Project Risk Analysis

A template is included under the Related Documents section of this NOFO announcement on www.grants.gov. Refer to Appendix B for additional guidance on drafting a Project Risk Analysis.

Timeline Outline key milestones in the project, project start-up, and closeout, programmatic activities, and monitoring and evaluation activities (e.g., monitoring trips or semi-annual reviews). May be a written schedule and/or a GANTT chart.

Organization, Staff, and Partners The following documents may be submitted separately or combined into one document. If combined, please be sure to adhere to the page limits for each section.

Biographical Information of Applicant Organization – Maximum 4 pages Introduce the applicant organization, including biographical information such as mission statement, organization size, relevant office location(s), etc.

Provide a summary description of past and present operations, demonstrating the applicant’s ability to carry out the project Describe any experience the organization has in the target country or region Confirm whether the organization is a registered business entity within the target country or region

List of Key Personnel – Maximum 3 pages Names, titles, responsibilities, and relevant experience or qualifications of key personnel involved in the management of the project

Partner Information (if subrecipient) is being proposed) – Maximum 3 pages Introduce and provide relevant information about key partner organizations and sub-recipients Briefly describe the division of labor and/or distinct roles and responsibilities among the applicant organization and its partners If proposing a sub-recipient, please briefly describe the applicant organization’s experience related to managing sub-recipients.

Letters of Support – Optional If desired, applicants may submit letters of support from project partners, host government entities, or other relevant stakeholders.

Project Budget and Cost Documents

Summary and Detailed Budgets

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A proposal budget must be submitted in spreadsheet format (e.g., Microsoft Excel). A template is located under the Related Documents section of this NOFO announcement on www.grants.gov for applicants as a reference. Refer to Appendix C for additional guidance on drafting a proposal budget.

One tab of the spreadsheet shall contain the Summary Budget, which lists the OMB-approved budget categories and total estimated cost per category

One tab of the spreadsheet shall contain the Detailed Budget, which breaks down the OMB-approved budget categories into individual line items and provides detailed cost estimates per line item

If applicable, federal costs and recipient cost share must be reported in separate columns

Budget Narrative

The Budget Narrative is a companion document to the summary and detailed budgets, and must be submitted in word document format. A template is included under the Related Documents section of this NOFO announcement on www.grants.gov. Refer to Appendix C for additional guidance on drafting a Budget Narrative.

The Budget Narrative should communicate to INL any budgetary information that is not readily apparent in the detailed budget. Rather than simply repeating with words what is stated numerically in the budget, the Budget Narrative should explain the logic behind the amount budgeted for each line item

If applicable, proposed recipient cost share must be included in the Budget Narrative, including reference to the source of the cost share

Indirect Costs

Negotiated Indirect Cost Rate Agreement (NICRA):

If the applicant has an approved Negotiated Indirect Cost Rate Agreement

(NICRA) and includes NICRA charges in the budget, a copy of the organization’s most-recent NICRA must be included in the application

If the applicant is proposing a sub-recipient that has an approved NICRA, and includes NICRA charges in the sub-award budget, a copy of the sub-recipient organization’s most-recent NICRA must be included in the application

10% de minimis Rate:

The applicant can elect to charge a de minimis rate of 10% of modified total direct costs (MTDC), which is allowable if the organization does not have a current agreement. (Please see Appendix C: Budget and budget narrative for more information regarding the 10% de minimis rate.)

If the applicant elects to utilize the 10% de minimis rate, that rate is then applicable for the entire period of performance of that award. Should the applicant negotiate and obtain a NICRA, it may not be applied to an award already using the 10% de minimis rate.

Applicant Management Capabilities

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INL must assess each potential applicant for organizational risks related to the financial and programmatic management of a federal assistance project.

History of U.S. Government Federal Assistance Awards This document outlines the applicant organization’s experience with implementing U.S.

government-funded federal assistance awards, including current and completed projects.

The list should include the awarding agency, point of contact, name of the project, start and end dates, and amount of the award.

If the applicant has never received a U.S. federal assistance award, please list other projects the organization has implemented, including the information requested in the bullet above.

Organizational Audit

If the applicant organization is required to undergo an audit (per regulations outlined in 2 CFR 200.500 – Subpart F), a complete copy of the organization’s most-recent audit must be submitted. (The financial statement is not a substitute for a single audit report. The Single audit report is an additional requirement for domestic and foreign organizations that spend $750,000 or more in federal funds in the fiscal year.)

If the applicant organization is not required to undergo an audit (per the regulation cited above), a brief explanation must be submitted with the application. This explanation shall include confirmation that the organization is under the threshold for which an audit is required and/or plans for the organization to undergo an audit in the future.

Responses to the Pre-Award Risk Survey in reference to the Organizational Audit does not satisfy this requirement. Please provide the required explanation in addition to the Pre-Award Risk Survey.

INL Applicant Pre-Award Risk Survey This risk survey reviews the applicant organization’s financial capacity, policies, and infrastructure. A template is included under the Related Documents section of this NOFO announcement on www.grants.gov.

Please take note of the questions within the survey that request additional documentation. These documents must be included in the application.

3. Document Formatting

Applicants must ensure that their application documents conform to the following requirements:

The proposal clearly addresses the goals and objectives of this funding opportunity

All documents are in English

All budgets are in U.S. dollars

All pages are numbered

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

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All Word documents are, at minimum, single-spaced with 12 point Calibri font and 1-inch margins

4. Required Entity and Account Registrations for Applicants

All prospective applicant organizations must register and/or maintain active registration in the systems outlined below in order to submit an application to this NOFO.

Organizations that are first-time applicants may need to register and/or create accounts in these systems. INL encourages prospective applicants to initiate these registrations as soon as possible. Applicants that have previously applied to other opportunities may already have registrations and/or accounts in the necessary systems, though applicants should ensure their registrations are active.

Registration in these systems is free of charge; Applicants will never be asked to pay a fee to register or submit an application in these systems.

Unique Entity Identifier Organizations must have a UEI which will be automatically assigned by SAM.gov.

• If your organization does not have a UEI already, you may obtain one by calling 1-866- 705-5711 or submitting a request at http://fedgov.dnb.com/webform.

Effective April 4, 2022, the DUNS Number will be replaced by the Unique Entity Number (UEI) as the primary means of entity identification for all federal awards U.S. government wide. A DUNS number is no longer required for federal assistance applications. For more information, please go to the following link: https://www.fsd.gov/gsafsd_sp

NCAGE Code Organizations physically located outside the United States and its territories must also register for an NCAGE code. This request can be completed simultaneously with a UEI request. (Note:

CAGE codes for US-based entities will be automatically assigned in SAM.gov).

• NCAGE application: https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx

• NCAGE application instructions:

https://eportal.nspa.nato.int/AC135Public/Docs/US%20Instructions%20for%20NSPA%2 0NCAGE.pdf

Help with NCAGE Code registration issues:

• Call 1-888-227-2423 (callers within the U.S.)

• Call 1-269-961-7766 (callers outside the U.S.)

• Email NCAGE@dlis.dla.mil

System for Award Management (SAM.gov) Prior to submitting an application in grants.gov, organizations must register in SAM.gov and/or ensure that their SAM.gov registration is active. Organizations are required to renew their SAM.gov registration annually.

http://fedgov.dnb.com/webform https://www.fsd.gov/gsafsd_sp https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx https://eportal.nspa.nato.int/AC135Public/Docs/US%20Instructions%20for%20NSPA%20NCAGE.pdf https://eportal.nspa.nato.int/AC135Public/Docs/US%20Instructions%20for%20NSPA%20NCAGE.pdf mailto:NCAGE@dlis.dla.mil

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• Initiate the registration or renewal process at https://www.SAM.gov. Select “Entity Registration” to begin the registration or renewal request.

• First-time applicants should initiate the SAM.gov registration after receiving their UEI and, if applicable, NCAGE Code (for foreign organizations). CAGE codes will be automatically assigned to US-based organizations.

Note: The process of obtaining or renewing a SAM.gov registration may take anywhere from 4-8 weeks. Please begin your registration as early as possible.

• 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), a Commercial and Government Entity (CAGE) code, and a UEI number prior to registering in SAM.gov.

• Organizations based outside of the United States and that 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 December 2022, 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) code to apply for non-DoD foreign assistance funding opportunities. If an applicant organization is mid-registration and wishes to remove an NCAGE code from their sam.gov registration, the applicant should submit a help desk ticket (“incident”) with the Federal Service Desk (FSD) online at www.fsd.gov to seek guidance on how to do so.

Any applicant listed on the Excluded Parties List System (EPLS) in SAM.gov is not eligible to apply for an assistance award. Additionally, no entity listed on the EPLS can participate in any activities under an award. All applicants are strongly encouraged to review the EPLS in SAM.gov to ensure that no ineligible entity is included in their proposal.

NOTE: As of April 2021, any new or renewed SAM.gov registrations were given a Unique Entity Number (UEI). UEI does not expire, however you must renew your SAM.gov registration annually.

For more information regarding the transition from UEI (DUNS) to UEI (SAM), please click on the following link: https://www.fsd.gov/gsafsd_sp D.3.1 Exemptions

An exemption from these requirements may be permitted on a case-by-case basis if:

● An applicant’s identity must be protected due to potential endangerment of their mission, their organization’s status, their employees, or individuals being served by the applicant.

● 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.

https://www.sam.gov/ https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=c81018e71b1601d0937fa64ce54bcb57 http://www.fsd.gov/ https://www.fsd.gov/gsafsd_sp

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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 providing a justification of their request. Approval for a SAM.gov exemption must come from the warranted Grants Officer before the application can be deemed eligible for review.

Note: As of December 2022, 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) code to apply for non-DoD foreign assistance funding opportunities.

Grants.gov To submit an application to this NOFO, applicants must register in grants.gov.

• Go to www.grants.gov and select “Register” from the banner at the top of the page.

• This should be the last step of the entity registration processes, completed after obtaining a UEI number, NCAGE/CAGE Code (if applicable), and SAM.gov registration.

Help with grants.gov registrations and application submission:

• Go to the grant.gov support page at https://www.grants.gov/web/grants/support.html

• Call +1 800-518-4726

• Email support@grants.gov

It is the responsibility of each applicant to ensure that its application was submitted in www.grants.gov correctly. INL bears no responsibility for errors resulting from transmission or conversion processes associated with application submissions. If applicants are unable to resolve technical issues in the system, they should email the INL points of contact listed on the first page(s) of this NOFO with an explanation of the issue and proof of attempts to resolve it (e.g., emails with grants.gov support). INL Grants Office will then determine whether the applicant is allowed to submit application materials via email.

E. APPLICATION REVIEW INFORMATION

1. Technical Evaluation Criteria

A technical evaluation committee, using the criteria shown in this Section, will evaluate the applications. The various functional elements of the technical criteria are assigned weighted scores, so that the applicants will know which areas require emphasis in the preparation of applications.

Where technical applications are considered essentially equal, cost may be the determining factor. Applicants should note that these criteria serve as the standard against which all applications will be evaluated and serve to identify the significant matters which applicants should address in their applications.

https://www.grants.gov/web/grants/support.html mailto:support@grants.gov

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The relative importance of each criterion is indicated by the number of points assigned. A total of 100 points is possible.

Project Analysis & Design – Total Possible Points: 50

• Analysis of the problem is insightful and accurate. Insightful analysis includes a thorough discussion of the main causes and scope of the issue the project seeks to address and discussion of who has power to effect change on the issue (10)

• Suggested approaches and solutions (i.e., the theory of change) are: (10) o Based on good evidence; and o Appropriate given the problem, its causes, and its scope

• Proposed implementation plan is: (12) o Aligned with suggested approaches and solutions o Feasible given timeline, resources, and context o Designed such that activities, if implemented according to plan, should result in achievement of program objectives; and objectives, if achieved, should result in achievement of program goals

• Proposal includes a gender, equity, and inclusion analysis addressing the ways in which women, gender diverse persons, and members of other marginalized and underrepresented groups, including those with intersecting aspects of identity, might affect and be affected by this project, (3)

• Description of likely challenges to implementation plan, including risks of harm to organization staff, project participants, and/or others, is thorough and mitigation strategies are appropriate (8)

• Applicant considers the gender, equity, and inclusion analysis as part of risk assessment by identifying possible risks to participants as a result of their participation in line with Do No Harm principles. (2)

• Analysis and planning for sustainability is realistic (5)

Program Monitoring and Risk – Total Possible Points: 25

• Change Map includes indicators for each goal and objective; and proposed indicators are useful for decision making, accurate in measuring the intended result, reliable, and timely (10)

• Illustrative Indicator Reference Sheet includes selected standard indicators; provides three valid indicators for goals, objectives, or sub-objectives in the change map; and demonstrates a thorough plan for data collection (10)

• Risk assessment is thorough and realistic, addresses challenges in the operating environment, and proposes adequate strategies to mitigate risks to the project (5)

Institution’s Record and Capacity Rating – Total Possible Points: 10

• The applicant demonstrates an institutional record of successful programs in the proposed country/region and program area (2)

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• Professional experience of staff and institutional resources are adequate and appropriate to achieve the project's objectives (2)

• The roles and responsibilities are clearly delineated among staff and partners (2)

• Applicant is a current/former INL grantee and they successfully manage/managed the project OR the applicant has not worked with INL previously and demonstrates experience in managing similar-sized projects (2)

• Applicant submits copies of organization-wide policies and procedures on Preventing Sexual Exploitation and Abuse or explains how the applicant plans to develop such policies, which should also apply to sub-recipients. (2)

Cost Effectiveness – Total Possible Points: 15

• Activity-related costs are realistic, appropriate, and clearly linked to project objectives (5)

• Personnel costs (e.g., staff salaries, contractor rates, and honoraria) are reasonable given the amount of work and oversight needed to manage the project (5)

• Administrative costs (e.g., staff travel, supplies, office costs) are necessary, justified, and in good proportion to direct activity costs (5)

2. Review and Selection Process

INL first reviews all submitted applications for technical eligibility, based on the list of required documents in Section D: Application and Submission Information. All technically eligible applications are then passed to a review committee, which will evaluate the applications against the Technical Evaluation Criteria listed in the previous sub-section. The application(s) selected by the review committee are then presented to INL management and the Grants Officer for approval.

INL will notify successful applicant(s) via email and pass along any conditions, recommendations, or questions from the review committee. INL will notify unsuccessful applicants via email after an award has been issued to the successful applicant(s); therefore this notification process may take several months.

INL reserves the right to fund any number of applications or none of the applications submitted and will determine the resulting level of funding for each award(s).

3. Federal Awardee Performance & Integrity Information System (FAPIIS)

For all awards with a federal total exceeding $250,000, INL is required to review and consider any information about the applicant in FAPIIS.

Organizations are able to review and comment on any information about itself that a federal awarding agency previously entered and is currently in the designated integrity and performance system, accessible through SAM.gov. INL will consider any comments by the

20 | P a g e applicant, in addition to the other information in the designated integrity and performance system, in making a judgment about the applicant's integrity, business ethics, and record of performance under federal awards when conducting pre-award due diligence.

F. AWARD ADMINISTRATION INFORMATION

1. Federal Award Notices

The grant award or cooperative agreement will be written, signed, awarded, and administered by the Grants Officer. The DS-1909 award agreement is the authorizing document and will be provided to the recipient for review and signature via email or MyGrants. The recipient may only start incurring program expenses beginning on the official project start date, unless pre-award costs are authorized in the award agreement.

If a proposal is selected for funding, the Department of State has no obligation to provide any additional future funding. Renewal of an award to increase funding or extend the period of performance is at the discretion of the Department of State.

Issuance of this NOFO neither constitutes an award commitment on the part of the U.S.

government, nor does it commit the U.S. government to pay for costs incurred in the preparation and submission of proposals. Further, the U.S. government reserves the right to reject any or all proposals received.

2. Administrative and National Policy Requirements

Before submitting an application, applicants should review all the terms and conditions and that will apply to this award to ensure that they will be able to comply. These include, but may not be limited to:

• 2 CFR 25 - UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT

• 2 CFR 170 - REPORTING SUBAWARD AND EXECUTIVE COMPENSATION INFORMATION

• 2 CFR 175 - AWARD TERM FOR TRAFFICKING IN PERSONS

• 2 CFR 182 - GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE

(FINANCIAL ASSISTANCE)

• 2 CFR 183 - NEVER CONTRACT WITH THE ENEMY

• 2 CFR 200 – UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT

REQUIREMENTS FOR FEDERAL AWARDS

• 2 CFR 600 – DEPARTMENT OF STATE REQUIREMENTS

• U.S. DEPARTMENT OF STATE STANDARD TERMS AND CONDITIONS

INL will review and consider applications in accordance with the Office of Management and Budget’s guidance located at 2 CFR part 200, all applicable Federal laws, and relevant Executive guidance. This may include, but is not limited to:

https://www.ecfr.gov/cgi-bin/text-idx?SID=81a5f41de81c46a9844617d93a9db081&mc=true&node=pt2.1.25&rgn=div5 https://www.ecfr.gov/cgi-bin/text-idx?SID=81a5f41de81c46a9844617d93a9db081&mc=true&node=pt2.1.170&rgn=div5 https://www.ecfr.gov/cgi-bin/text-idx?SID=81a5f41de81c46a9844617d93a9db081&mc=true&node=pt2.1.175&rgn=div5 https://www.ecfr.gov/cgi-bin/text-idx?SID=81a5f41de81c46a9844617d93a9db081&mc=true&node=pt2.1.182&rgn=div5 https://www.ecfr.gov/cgi-bin/text-idx?SID=81a5f41de81c46a9844617d93a9db081&mc=true&node=pt2.1.182&rgn=div5 https://www.ecfr.gov/cgi-bin/text-idx?SID=81a5f41de81c46a9844617d93a9db081&mc=true&node=pt2.1.183&rgn=div5 https://www.ecfr.gov/cgi-bin/text-idx?SID=a363a071d9b62ad7f4b21566c542cd7a&mc=true&tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=a363a071d9b62ad7f4b21566c542cd7a&mc=true&tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=81a5f41de81c46a9844617d93a9db081&mc=true&tpl=/ecfrbrowse/Title02/2chapterVI.tpl https://www.state.gov/about-us-office-of-the-procurement-executive/

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• Guidance for Grants and Agreements in Title 2 of the Code of Federal Regulations (2 CFR), as updated in the Federal Register’s 85 FR 49506 on August 13, 2020, particularly on:

o Selecting recipients most likely to be successful in delivering results based on the program objectives through an objective process of evaluating Federal award applications (2 CFR part 200.205) o Prohibiting the purchase of certain telecommunication and video surveillance services or equipment in alignment with section 889 of the National Defense Authorization Act of 2019 (2 CFR part 200.216) o Promoting the freedom of speech and religious liberty in alignment with Promoting Free Speech and Religious Liberty (E.O. 13798) and Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities (E.O.

13864) (2 CFR parts 200.300, 200.303, 200.339, and 200.341) o Providing a preference, to the extent permitted by law, to maximize use of goods, products, and materials produced in the United States (2 CFR part 200.322) o Terminating agreements in whole or in part to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities (2 CFR part 200.340)

• In accordance with the Executive Order on Advancing Racial Equity and Underserved Communities, concept notes should address how the program advances equity with respect to race, ethnicity, religion, income, geography, gender identity, sexual orientation, and disability. The concept note should also demonstrate how the program will further engagement in underserved communities and with individuals from underserved communities. Concept notes

• should address how addressing racial equity and underserved communities will enhance the program’s goals and objectives, as well as the experience of…