NOFO - Support for Women-Owned SMEs in Less-Privileged Communities in Sri Lanka (1).docx

U.S. DEPARTMENT OF STATE

Bureau of South and Central Asian Affairs Notice of Funding Opportunity

Funding Opportunity Title: Support for Women-Owned SMEs in Less Privileged Communities Funding Opportunity Number: SFOP0007878 Deadline for Applications: May 25, 2021 Assistance Listing Number: 19.700 Total Amount Available: $987,500

A. PROGRAM DESCRIPTION

The Bureau of South and Central Asian Affairs of the U.S. Department of State announces an open competition for organizations to submit applications to carry out a program to support women-owned small and medium enterprises (SMEs) by providing emerging businesses from marginalized communities the tools and training they need to build their concepts into sustainable, profitable enterprises, and including how they can connect to the digital economy. Please follow all instructions below.

Priority Region: Sri Lanka

Program Objectives:

Background: In Sri Lanka, the SME sector is a key contributor to the economy, accounting for over 50 percent of GDP. Many women-owned startups, however, fail to grow into viable businesses or experience stagnation due to a lack of business development services, capital, or mentorship. The project will help women entrepreneurs take advantage of opportunities for SMEs to engage in domestic and international trade by increasing market access for customers, diversifying supply chains, and by lowering trade costs. The ability of women-owned SMEs to launch or expand their digital platforms will enable better connections with consumers in both domestic and foreign markets.

Goals: SCA seeks to support women business leaders from less privileged and/or rural backgrounds, including survivors of sexual and gender-based violence, to maintain a viable and successful business, which will ultimately improve the economic well-being of their families and communities. The project aims to build upon ongoing USG efforts to promote innovation and entrepreneurship among disadvantaged communities. A secondary goal is to assist these women in overcoming both the social and technical challenges of growing their business by taking their business online and by increasing their opportunities for success through broader community education and awareness building.

Objectives:

· Provide emerging business leaders from marginalized communities the tools, mentorship, and business development needed to build their concepts into sustainable businesses.

· Connect rural entrepreneurs to urban business development resources for long-term sustainability in economically depressed regions of the country.

· Support SMEs in launching or expanding their digital platforms to enable better connections with consumers in both domestic and foreign markets.

Activities that are not typically allowed include, but are not limited to:

· The provision of humanitarian assistance;

· English language instruction;

· Purely academic exchanges or fellowships;

· External exchanges or fellowships lasting longer than six months;

· Off-shore activities that are not clearly linked to in-country initiatives;

· Micro-loans or similar small business development initiatives;

· Initiatives directed towards a diaspora community rather than current residents of targeted countries.

Participants and Audiences:

The intended target audiences for the various activity categories should be small and medium sized enterprises, and participants will be those women who currently are in the market, including home-based businesses, or women who are on the cusp of market entry.

If rural SMEs are unable to launch digital platforms due to a lack of internet penetration, the grantee may provide digital economy development to SMEs in urban centers, excluding Colombo, that serve as hubs for disadvantaged communities in coordination with the U.S. Embassy.

B. FEDERAL AWARD INFORMATION

Length of performance period: 36 months Number of awards anticipated: One (1) Award amounts: $987,500 Total available funding: $987,500 Type of Funding: FY20 Economic Support Funds under the Foreign Assistance Act Anticipated program start date: September 2021

This notice is subject to availability of funding.

Funding Instrument Type: Grant

Program Performance Period: Proposed programs should be completed in 36 months or less.

The Department of State will entertain applications for continuation grants funded under these awards beyond the initial budget period on a non-competitive basis subject to availability of funds, satisfactory progress of the program, and a determination that continued funding would be in the best interest of the U.S. Department of State.

C. ELIGILIBITY INFORMATION

1. Eligible Applicants

The following organizations are eligible to apply:

· Not-for-profit organizations, including think tanks and civil society/non-governmental organizations both domestic and overseas

· Public and private educational institutions

· For-profit organizations - Pursuant to 2 CFR 200.400 g, it is U.S. Department of State policy not to award profit under assistance instruments.

· Public International Organizations and Governmental institutions

2. Cost Sharing or Matching: 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

3. Other Eligibility Requirements

In order to be eligible to receive an award, all organizations must have a unique entity identifier (Data Universal Numbering System/DUNS number from Dun & Bradstreet), as well as a valid registration on www.SAM.gov. Please see Section D.3 for information on how to obtain these registrations. Individuals are not required to have a unique entity identifier or be registered in SAM.gov.

Applicants are only allowed to submit one proposal per organization. If more than one proposal is submitted from an organization, all proposals from that institution will be considered ineligible for funding.

Applicants should have existing, or the capacity to develop, active partnerships with thematic or in-country partners, entities, and relevant stakeholders, including private sector partners and NGOs, and have demonstrable experience in administering successful and preferably similar projects.

D. APPLICATION AND SUBMISSION INFORMATION

1. Address to Request Application Package

Application forms required below are available at: www.grants.gov and SAMS Domestic

2. Content and Form of Application Submission

Please follow all instructions below carefully. Proposals that do not meet the requirements of this announcement or fail to comply with the stated requirements will be ineligible.

Content of Application Please ensure:

· 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 paper, and

· All Microsoft Word documents are single-spaced, 12 point Times New Roman font, with a minimum of 1-inch margins.

The following documents are required:

1. Mandatory application forms

· SF-424 (Application for Federal Assistance – organizations)

· SF-424A (Budget Information for Non-Construction programs)

· SF-424B (Assurances for Non-Construction programs) (note: the SF-424B is only required for individuals and for organizations not registered in SAM.gov)

· If your organization engages in lobbying the U.S. government, including Congress, or pays another entity to lobby on your behalf, the SF-LLL “Disclosure of Lobbying Activities” form is also required (only if applicable).

2. Summary Page: Cover sheet stating the applicant name and organization, proposal date, program title, program period proposed start and end date, table of contents, and brief purpose of the program.

3. Proposal (13 pages maximum): The proposal should contain sufficient information that anyone not familiar with it would understand exactly what the applicant wants to do. You may use your own proposal format, but it must include all the items below.

· Proposal Summary: Short narrative that outlines the proposed program, including program objectives and anticipated impact.

· Introduction to the Organization applying: A description of past and present operations, showing ability to carry out the program, including information on all 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

· Program Goals and Objectives: The “goals” describe what the program is intended to achieve. The “objectives” refer to the intermediate accomplishments on the way to the goals. These should be achievable and measurable.

· Program Activities: Describe the program activities and how they will help achieve the objectives.

· Program Methods and Design: A description of how the program is expected to work to solve the stated problem and achieve the goal. Include a logic model as appropriate.

· Program Partners: List the names and type of involvement of key partner organizations and sub-awardees.

· Future Funding or Sustainability: Applicant’s plan for continuing the program beyond the grant period, or the availability of other resources, if applicable.

4. Budget Justification Narrative and Line-Item Budget: After filling out the SF-424A Budget (above), use an Excel spreadsheet that includes three (3) columns containing the line-item budget request to SCA, any cost sharing contribution, and the total budget. Use a separate Word document to provide substantive explanations and justifications for each line item in the detailed budget spreadsheet. See section H. Other Information: Guidelines for Budget Submissions below for further information.

5. Gender Analysis (2 pages maximum): Preferably as a Word document that identifies and examines the relevance of gender norms and power relations in Sri Lanka and addresses how the organization will account for these dynamics throughout program design and implementation. It may also demonstrate how the work will address gender gaps and opportunities to enhance the program’s effectiveness. This should be a standalone document rather than a section of the proposal narrative and does not count toward the page limit. Sample Gender Analysis Questions are provided in the Appendix of this NOFO package, but the Bureau of South and Central Asia also welcomes more detailed analyses.

6. Attachments:

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

· If your organization has a Negotiated Indirect Cost Rate Agreement (NICRA) and includes NICRA charges in the budget, your latest NICRA should be included as a PDF file.

· Official permission letters, if required for program activities

· Risk Analysis: Please address the risks your organization could face throughout the duration of the program and detail how your team will adjust to continue furthering the stated objectives.

· Program Monitoring and Evaluation Plan: This is an important part of successful grants. Throughout the time-frame of the grant, how will the activities be monitored to ensure they are happening in a timely manner, and how will the program be evaluated to make sure it is meeting the goals of the grant?

· Proposed Program Schedule and Timeline: The proposed timeline for the program activities. Include the dates, times, and locations of planned activities and events.

· Key Personnel: Names, titles, roles and experience/qualifications of key personnel involved in the program. What proportion of their time will be used in support of this program? Include 1-page CV or resume of key personnel who are proposed for the program and please also submit an organizational chart.

7. Audit: Include a copy of your organization’s most recent audit (single or program audit), if applicable, or the annual financial statement audit, please refer to the 2 CRF 200 for requirements. This document will not be reviewed by the review panel and will not be counted against the page limitations. The applicant’s proposal may include the cost of an audit that:

1) Complies with the requirements of 2 CFR 200 Subpart F “Audit Requirements”

2) Complies with the requirements of American Institute of Certified Public Accountants (AICPA) Statement of Position (SOP) No. 92-9, “Audits of Not-for-Profit Organizations Receiving federal Awards”

3) Complies with AICPA Codification of Statements on Auditing Standards AU Section 551, “Reporting on Information Accompanying the Basic Financial Statements in Auditor-Submitted Documents,” where applicable.

A non-federal entity that expends $750,000 or more in all USG federal assistance awards during the nonfederal entity's fiscal year is required to conduct a single or program-specific audit for that year in accordance with the provisions of 2 CFR 200 subpart F. For more information, see Audit Services, 2 CFR 200.425.

3. Unique Entity Identifier and System for Award Management (SAM.gov)

All prime organizations, whether based in the United States or another country, must have a Unique Entity Identifier (UEI), formerly referred to as a DUNS, and an active registration with the SAM.gov before submitting an application. SCA may not review applications from or make awards to applicants that have not completed all applicable UEI and SAM.gov requirements. A UEI is one of the data elements mandated by Public Law 109-282, the Federal Funding Accountability and Transparency Act for all federal awards.

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

Required Registrations:

Any applicant listed on the Excluded Parties List System (EPLS) in the System for Award Management (SAM) 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 listed on the EPLS can participate in any activities under an award. All applicants are strongly encouraged to review the EPLS in SAM to ensure that no ineligible entity is included.

All organizations applying for grants (except individuals) must obtain these registrations. All are free of charge:

· Unique entity identifier from Dun & Bradstreet (DUNS number)

· NCAGE/CAGE code

· www.SAM.gov registration

Step 1: Apply for a DUNS number and an NCAGE number (these can be completed simultaneously)

DUNS application: Organizations must have a Data Universal Numbering System (DUNS) number from Dun & Bradstreet. If your organization does not have one already, you may obtain one by calling 1-866-705-5711 or visiting http://fedgov.dnb.com/webform

NCAGE application: Application page here: https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx Instructions for the NCAGE application process:

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

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 Code, proceed to register in SAM.gov by logging onto: https://www.sam.gov. SAM registration must be renewed annually.

4. Submission Dates and Times

Applications are due no later than May 25, 2021.

5. Funding Restrictions

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. Restrictions may apply to any proposed assistance to police or other law enforcement. If a proposed grant will provide assistance to foreign security forces or personnel, compliance with the Leahy Law is required.

6. Other Submission Requirements

All application materials must be submitted electronically through www.Grants.gov or SAMS Domestic

E. APPLICATION REVIEW INFORMATION

1. Criteria

Each application will be evaluated and rated on the basis of the evaluation criteria outlined below and based on the associated scoring system. 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.

Applicants should note that these criteria serve as the standard against which all applications will be reviewed and serve to identify the significant matters which applicants should address in their applications.

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

Quality and Feasibility of the Program Idea (20 possible points): The program idea is well developed, with detail about how program activities will be carried out. The proposal includes a reasonable implementation timeline.

Partnerships (15 possible points): Applicant plans to partner with a local organization(s) to facilitate program implementation and increase local capacity to develop SMEs.

Organizational Capacity and Record on Previous Grants (15 possible points): The organization has expertise in its stated field and has the internal controls in place to manage federal funds. This includes a financial management system and a bank account.

Program Planning/Ability to Achieve Objectives (15 possible points): Goals and objectives are clearly stated and program approach is likely to provide maximum impact in achieving the proposed results.

Budget (10 possible points): The budget justification is detailed. Costs are reasonable in relation to the proposed activities and anticipated results. The budget is realistic, accounting for all necessary expenses to achieve proposed activities.

Monitoring and evaluation plan (10 possible points): Applicant demonstrates it is able to measure program success against key indicators and provides milestones to indicate progress toward goals outlined in the proposal. The program includes output and outcome indicators, and shows how and when those will be measured. The plan also includes regular review and updating of the gender analysis throughout the life of the award.

Sustainability (10 possible points): Program activities will continue to have positive impact after the end of the program.

Gender Analysis (5 possible points): Application includes a thoughtful gender analysis and reflects its findings in the program design. It also includes a plan for iteratively reviewing progress against the gender analysis with local partners/beneficiaries and adapting implementation. Application includes the required information on protection from sexual violence and abuse (PSEA) safeguarding and how the Applicant will work with partners on these areas. Application integrates a thoughtful analysis of the unique needs of marginalized populations; integrates these populations into program design and implementation; and reflects their results in concrete outputs and outcomes. Staff / consultants / local partners have relevant expertise in gender, PSEA, gender-based violence, and inclusion.

2. Review and Selection Process

A review committee will evaluate all eligible applications. SCA will issue an award to the applicant whose proposal represents the best value to the U.S. Government on the basis of technical merit, efficient use of U.S. Government funds, and satisfactory organizational capacity.

The Department of State reserves the right to make an award on the basis of initial application received with or without discussion or negotiations. Therefore, applications should contain the applicants’ best terms from both cost and technical standpoints.

It is Department of State policy that English is the official language and U.S. dollar is the controlling currency. Proposal and related supporting documents must be English and accompanying budget in U.S. dollars.

SCA will conduct a merit review of all eligible applications as outlined in this NOFO. Applications will be reviewed by an independent review panel consisting of qualified subject matter experts from Department of State bureaus and offices, U.S. Embassies, or other U.S. Government agencies. Final approval resides with the Department of State Grants Office.

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

For any Federal award under a notice of funding opportunity, if the Federal awarding agency anticipates that the total Federal share will be greater than the simplified acquisition threshold on any Federal award under a notice of funding opportunity may include, over the period of performance (see §200.88 Simplified Acquisition Threshold), this section must also inform applicants:

i. That the Federal awarding agency, prior to making a Federal award with a total amount of Federal share greater than the simplified acquisition threshold, is required to review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (currently FAPIIS) (see 41 U.S.C. 2313);

ii. That an applicant, at its option, may review information in the designated integrity and performance systems accessible through SAM 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;

iii. That the Federal awarding agency will consider any comments by the 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 completing the review of risk posed by applicants as described in §200.206 Federal awarding agency review of risk posed by applicants.

F. FEDERAL 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 assistance award agreement is the authorizing document and it will be provided to the recipient for review and signature by email. The recipient may only start incurring program expenses beginning on the start date shown on the grant award document signed by the Grants Officer.

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 does not constitute 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.

Payment Method: Payments will be administered through the Payment Management System (pms.psc.gov).

2. Administrative and National Policy Requirements

Before submitting an application, applicants should review all the terms and conditions and required certifications which will apply to this award, to ensure that they will be able to comply.

These include:

· 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 600 – DEPARTMENT OF STATE REQUIREMENTS

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

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, the Department of State will review and consider applications for funding, as applicable to specific programs, pursuant to this notice of funding opportunity in accordance with the following: NOTE:

· President’s September 2, 2020 memorandum, entitled Memorandum on Reviewing Funding to State and Local Government Recipients of Federal Funds that Are Permitting Anarchy, Violence, and Destruction in American Cities;

· Executive Order on Combating Race and Sex Stereotyping (E.O. 13950);

· Executive Order on Protecting American Monuments, Memorials, and Statues and Combating Recent Criminal Violence (E.O. 13933); and

· 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:

· 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),

· 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 (Pub. L. No. 115—232) (2 CFR part 200.216),

· 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) (§§ 200.300, 200.303, 200.339, and 200.341),

· 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), and

· 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).

3. Reporting

Reporting Requirements: Recipients will be required to submit financial reports and program reports. The award document will specify how often these reports must be submitted. Recipient will be required to submit Quarterly Progress and Quarterly Financial Reports (SF-425), unless special conditions apply, describing key activities undertaken during the reporting period towards accomplishment of the stated objectives, and should include discussion of progress in addressing the gaps and opportunities identified in the gender analysis. Financial Reports provide a means of monitoring expenditures.

NOTE: It is Department of State policy that English is the official language of all award documents. If reports or any other supporting documents are provided in both English and a foreign language, it must be stated in each version that the English language version is the controlling version. U.S. dollar is the controlling currency. Financial reports must be submitted in U.S. dollars.

Applicants should be aware of the post award reporting requirements reflected in 2 CFR 200 Appendix XII—Award Term and Condition for Recipient Integrity and Performance Matters.

Foreign Assistance Data Review: As required by Congress, the Department of State must make progress in its efforts to improve tracking and reporting of foreign assistance data through the Foreign Assistance Data Review (FADR). The FADR requires tracking of foreign assistance activity data from budgeting, planning, and allocation through obligation and disbursement. Successful applicants will be required to report and draw down federal funding based on the appropriate FADR Data Elements, indicated within their award documentation. In cases of more than one FADR Data Element, typically program or sector and/or regions or country, the successful applicant will be required to maintain separate accounting records.

G. FEDERAL AWARDING AGENCY CONTACTS

Any prospective applicant desiring an explanation or interpretation of this NOFO must request it in writing by April 9. Information given to a prospective applicant concerning this NOFO will be furnished promptly to all other prospective applicants as a ‘Questions and Answers’ attachment to this NOFO.

Any questions concerning this NOFO should be submitted in writing, by email, to Jeff Burnett at BurnettJD@state.gov along with the project’s title as outlined in the NOFO; the funding opportunity number; and applicant’s legal name and organizational status.

H. OTHER INFORMATION

Guidelines for Budget Justification Personnel and Fringe Benefits: Describe the wages, salaries, and benefits of temporary or permanent staff who will be working directly for the applicant on the program, and the percentage of their time that will be spent on the program.

Travel: Estimate the costs of travel and per diem for this program, for program staff, consultants or speakers, and participants/beneficiaries. If the program involves international travel, include a brief statement of justification for that travel.

Equipment: Describe any machinery, furniture, or other personal property that is required for the program, which has a useful life of more than one year (or a life longer than the duration of the program), and costs at least $5,000 per unit.

Supplies: List and describe all the items and materials, including any computer devices, that are needed for the program. If an item costs more than $5,000 per unit, then put it in the budget under Equipment.

Contractual: Describe goods and services that the applicant plans to acquire through a contract with a vendor. Also describe any sub-awards to non-profit partners that will help carry out the program activities.

Other Direct Costs: Describe other costs directly associated with the program, which do not fit in the other categories. For example, shipping costs for materials and equipment or applicable taxes. All “Other” or “Miscellaneous” expenses must be itemized and explained.

Indirect Costs: These are costs that cannot be linked directly to the program activities, such as overhead costs needed to help keep the organization operating. If your organization has a Negotiated Indirect Cost Rate (NICRA) and includes NICRA charges in the budget, attach a copy of your latest NICRA. Organizations that have never had a NICRA may request indirect costs of 10% of the modified total direct costs as defined in 2 CFR 200.68.

“Cost Sharing” refers to contributions from the organization or other entities other than the U.S. Embassy. It also includes in-kind contributions such as volunteers’ time and donated venues.

Alcoholic Beverages: Please note that award funds cannot be used for alcoholic beverages.

Annex 1: Sample Gender Analysis Questions

1. How will you consult with local women and women’s groups to ensure the work is reflective of and responsive to their needs and perspectives?

2. How will gender equality be included in your logic framework and how will you iteratively strengthen its implementation?

3. How will the work impact or exacerbate existing tensions or conflicts within the home, between participants or beneficiaries, within or between communities, or otherwise?

4. What gendered issues, including the safety, movement, and access of participants and staff, may arise and how will you mitigate and respond to those risks?

5. What are your safeguarding practices and policy to prevent sexual exploitation and abuse of participants by staff and implementing partners?

6. How will you monitor, analyze, evaluate, and continuously learn about gender norms, challenges, and opportunities as you implement this work?

7. How does the primary goal or objective(s) of the work reduce gender inequalities?

Annex 2: Combatting Sexual Exploitation and Abuse

(a) Policy. SCA has zero tolerance for inaction regarding allegations of sexual exploitation and abuse (SEA) occurring in relation to a federal award, and advocates for a survivor-centered approach to addressing such misconduct. The Recipient, Recipient employees, and their agents must:

(1) Not engage in sexual exploitation and abuse of award beneficiaries in the performance of this award;

(2) Adopt a zero tolerance for inaction policy and take all reasonable and lawful measures to prevent and address sexual exploitation and abuse occurring under this award.

(b) Recipient Requirements. To comply with the Policy in paragraph (a)(2), the Recipient shall:

(1) Develop and adhere to a minimum set of organization-wide policies and internal controls necessary to reasonably prevent, detect, address, and resolve incidents of SEA, which must include:

(i) A zero tolerance policy for inaction in addressing SEA;

(ii) A readily available organizational policy or code of conduct for employees that includes safeguarding and IASC principles;

(iii) A safe, accessible, and confidential internal reporting mechanism, such as a hotline, for reporting SEA, with appropriate safeguards to protect whistle-blowers and survivors, including express protection against retaliation for reports of SEA;

(iv) Investigative procedures that provide due process to the accused;

(v) Hiring policies aimed at preventing re-circulation of perpetrators on successive government awards, including policies on the impact of misconduct on rehiring or transfer and referencing for subsequent employers

(2) Prohibit all personnel from engaging in SEA and notify employees of relevant policies, including remedies against employee perpetrators;

(3) Take appropriate action against perpetrators that commit SEA or fail to take reasonable steps to prevent it;

(4) Upon obtaining credible information of SEA, take prompt and reasonably appropriate action to stop harm occurring, investigate, and report to relevant authorities (for criminal matters) in a manner consistent with a survivor-centered approach. The Recipient must maintain appropriate standards that govern the conduct of its personnel and subrecipients and a suitable mechanism for complete and comprehensive reporting of such conduct.

(c) Notification. The Recipient shall inform the Grants Officer (GO) and Grants Officer Representative (GOR) immediately of:

(1) Any credible information it receives from any source (including host country law enforcement) that alleges a Recipient employee, sub-awardee, sub-awardee employee, or Recipient’s agent has engaged in conduct included in paragraph (a) of this Combatting Sexual Abuse and Exploitation clause; and

(2) Any actions taken against a Recipient employee, sub-awardee, sub-awardee employee, or Recipient’s agent pursuant to this Combatting Sexual Abuse and Exploitation clause.

(3) Each notification referred to in paragraph (c)(1) and (c)(2) will indicate, as reasonably available to Recipient: the agreement number, description of the alleged SEA, date of alleged SEA, date of first report to the Recipient, location, involvement of subrecipient, state of affairs concerning the investigation and the action that will be taken by the Recipient, and whether the case is referred to law enforcement. The Recipient will provide updates on the status of the case. The notice will be given in writing.

(4) It is understood and accepted that the Recipient’s duty to report on SEA is subject to not compromising the safety, security, privacy, and due process rights of any concerned persons and limitations that may be imposed by applicable law. Any information or documentation provided in accordance with this Combatting Sexual Abuse and Exploitation clause will be treated by State Department with utmost discretion in order to ensure, inter alia, the probity of any investigation, protect sensitive information, ensure the safety and security of persons or assets, and respect the due process rights of all involved. State Department will presume information/documentation to be confidential, deliberative, and investigatory and will ensure that information/documentation provided to State Department personnel will be available solely to those who strictly require access to such information/documentation. Any disclosure of such information/documentation beyond such personnel will require notification and consultation with the Recipient.

(d) Full Cooperation. Recipient will:

(1) Fully cooperate with State Department in the event of investigation, audit, or corrective action, including by disclosing info, providing timely and complete responses, and providing reasonable access to facilities; and

(2) Take measures designed to ensure that employees suspected of being victims of or witnesses to prohibited activities are not subjected to additional prohibited conduct, harassment or retaliation, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities. (3) Full cooperation will have the meaning prescribed at 48 C.F.R. 52.203-13 and be subject to the applicable law.

(e) Sub-awards. The Recipient shall include the substance of this clause in all sub-awards and in all contracts with agents.

(f) Policies and Procedures and Oversight.

(1) The Recipient shall provide copies of its Code of Conduct and related policies and procedures to SCA upon request and by no later than within 60 days of award, unless a different schedule is agreed in writing.

(2) Should any change be made to the Recipient’s code of conduct and related PSEA policies and procedures during the validity period of this agreement, the Recipient shall inform S/GWI in writing within thirty (30) days of the changes.

(3) State Department or any of its duly authorized representatives may at all times carry out reviews, evaluations, or other oversight measures to verify the Recipient’s zero tolerance for SEA. The Recipient will fully cooperate with State Department or any of its duly authorized representatives or agents to carry out such oversight measures.

(g) Termination. Failure to comply with the terms of this provision may result in termination of the award.

(h) Definitions. As used in this clause ·“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction(CNSSI) 4009);

·“Sexual Abuse” means any actual or threatened physical intrusion of a sexual nature whether by force or under unequal or coercive conditions. For child sexual abuse, it specifically includes but is not limited to fondling a child's genitals, penetration, incest, rape, sodomy, indecent exposure, and exploitation through prostitution or the production of pornographic materials;

·“Sexual Exploitation” means any actual or attempted abuse by Recipient or subawardee employees or agents of a position of vulnerability, differential power or trust, for sexual purposes, including profiting monetarily, socially, or politically from the sexual exploitation of another;

·“Survivor-centered approach” means an approach for which the survivor’s dignity, experiences, considerations, needs, and resiliencies are placed at the center of the process, from the initial award design to investigating and responding to potential incidents. Consistent with the UN Protocol on Allegations of SEA Involving Implementing Partners, the survivor should be informed, participate in the decision-making process, and provide consent on the possible use and disclosure of their information. Those interacting with the survivor and/or handling information regarding the allegation must maintain confidentiality, ensure safety of the survivor, and apply survivor-centered principles which are safety, confidentiality, respect, and non-discrimination. When the survivor is a child, the approach must consider the best -24 -interests of the child and engage with the family/caregivers as appropriate. Staff and partners should comply with host country and local child welfare and protection legislation and international standards, whichever gives greater protection;

·“Credible information” -information that, considering its source and the surrounding circumstances, supports a reasonable belief that an event has occurred or will occur;

·“Zero Tolerance for Inaction” means that every allegation is treated seriously and appropriate action is pursued to resolve it.