SFOP0009040 NOFO - CDP - Q&A - 22 JUL 2022.docx

United States Department of State Bureau of Cyberspace and Digital Policy, International Cyberspace Security Unit (Formerly S/CCI, Office of the Coordinator for Cyber Issues)

Notice of Funding Opportunity (NOFO) Title: Advancing Cybersecurity Policies in support of an Open, Interoperable, Reliable, and Secure Internet Notice of Funding Opportunity (NOFO) Number: SFOP0009040 Questions and Answers 22 JULY 2022 – Updated Q&As 7-8

PREVIOUSLY POSTED Q&As (1-3):

QUESTION 1: Although the RFP mentions that it welcomes applications from US 501 (c)(3), even foreign-based NGOs, it does not specify whether other U.S. NGOs, with 501 (c)(6) status would be able to apply. Can you clarify and provide further details?

ANSWER 1: Per NOFO Section C. ELIGIBILITY INFORMATION, C.1 Eligible Applicants (page 6), “CDP/ICS welcomes applications from U.S.-based non-profit/non-governmental organizations subject to section 501(c) (3) of the U.S. tax code; foreign-based non-profit organizations/nongovernment organizations (NGO); Public International Organizations; Foreign Public Organizations; private, public, or state institutions of higher education; and for-profit organizations or businesses.” U.S.-based non-profit/non-governmental organizations subject to section 501(c) (6) are not listed as eligible organizations.

QUESTION 2: We are currently setting up a new US 501 (c)(3). In the hypothetical case that we can file the application and register that organization in the upcoming days/weeks, would we be able to apply on behalf of the new 501 (c)(3)? Is it OK to apply with all the legal/registration documents, or do you need something in particular from IRS? I am asking this because IRS certifications are taking a while, and I am not sure if we will be able to get them by the application deadline.

ANSWER 2: Per NOFO Section C. ELIGIBILITY INFORMATION, C.1 Eligible Applicants (page 6), “CDP/ICS welcomes applications from U.S.-based non-profit/non-governmental organizations subject to section 501(c) (3) of the U.S. tax code; foreign-based non-profit organizations/nongovernment organizations (NGO); Public International Organizations; Foreign Public Organizations; private, public, or state institutions of higher education; and for-profit organizations or businesses.” U.S.-based non-profit/non-governmental organizations subject to section 501(c) (3) are listed as eligible organizations. Per NOFO (page 1), “Application Deadline: 11:59 PM EST on Thursday, 28 JULY 2022”

QUESTION 3: According to the RFP (pg. 12), obtaining a SAM.gov registration may take anywhere from 4 to 8 weeks. Although we will do our best to submit everything by the end of the week, we are concerned that we may not obtain the SAM and UEI registration before the deadline for submission. If this is the case, would it be possible to get an exemption, as stated in point D.3.1?

ANSWER 3: Per NOFO Section D.3 Unique Entity Identifier and System for Award Management (SAM) (pages 11-13), “(A)ll prime organizations, whether based in the United States or in another country, must have a Unique Entity Identifier (UEI), formerly referred to as DUNS, and an active registration with the SAM.gov before submitting an application. CDP/ICS 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 (FFATA), for all Federal awards.

Further, Section D.3.1 Exemptions (page 13) states that “(A)n 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.

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.”

QUESTION 4: Am I eligible to apply for the grant as a higher ed institution?

ANSWER 4: Per NOFO Section C. ELIGIBILITY INFORMATION, C.1 Eligible Applicants (page 6), “CDP/ICS welcomes applications from U.S.-based non-profit/non-governmental organizations subject to section 501(c) (3) of the U.S. tax code; foreign-based non-profit organizations/nongovernment organizations (NGO); Public International Organizations; Foreign Public Organizations; private, public, or state institutions of higher education; and for-profit organizations or businesses.” Private, public, or state institutions of higher education are listed as eligible organizations.

QUESTION 5: Under Target Audience on Page 1, it says that “Activities should target foreign assistance eligible civilian government officials.” However, I was not able to find a specific definition of “foreign assistance eligible” either in the NOFO or elsewhere on State’s website. Does this simply refer to any officials who are not directly prohibited from receiving foreign assistance under Federal regulations, e.g., the Leahy Law or the Excluded Parties List System? Or are there additional criteria that officials must meet to be foreign assistance eligible?

ANSWER 5: Per NOFO Section A. PROJECT DESCRIPTION, (pages 1-), Priority Regions/Countries: “Global”, and Target Audience “Activities should target foreign assistance eligible civilian government officials. Suggestions for beneficiaries of the cooperative agreement award may also be provided by the State Department and will be drawn from countries that: 1.) may be at particular risk for emulating certain legal or regulatory approaches similar to the cybersecurity policies of authoritarian governments (e.g., the People’s Republic of China); and/or 2.) could be force-multipliers in the United States’ efforts to encourage more open and progressive cyber policy approaches (e.g., in countries that are actively developing their own laws and frameworks, particularly in the developing world). It is expected that the prospective grantee coordinates closely with CDP/ICS to appropriately target the support. All research and analysis products from this cooperative agreement, including an externally facing website, shall be made publicly available.

In addition, Project Goal/Objectives: “…This project will focus on the following areas: …

b. Identifying the target audience: What approach can we use to identify foreign governments that are most at risk for emulating these or similar approaches? What are their unique priorities and/or the perceived challenges that would drive them to emulate policies or approaches of authoritarian governments? Which governments could be potential influencers or force-multipliers in U.S. efforts to encourage more progressive policies, particularly in the developing world?

Lastly, Section D.5 Funding Limitations, Restrictions, and other Considerations provides additional information, “CDP/ICS will not consider applications that reflect any type of support for any member, affiliate, or representative of a designated terrorist organization. Please refer the link for Foreign Terrorist Organizations: https://www.state.gov/foreign-terrorist-organizations/ Project activities whose direct beneficiaries are foreign militaries or paramilitary groups or individuals will not be considered for CDP/ICS funding given purpose limitations on funding.

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

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

QUESTION 6: On Page 8, it says that the Cover Page/Executive Summary is “not to exceed one (2) pages.” Is the limit for this section 1 page or 2 pages?

ANSWER 6: CDP/ICS will accept Cover Page/Executive Summary Word Documents up to two (2) pages. To ensure that all applications receive a balanced evaluation, the review panel will review from the first page of each section up to the page limit and no further.

NEWLY POSTED Q&As (7-8):

QUESTION 7: Is this NOFO open to a non-US based Consulting/Advisory firm, specifically one established and operating in Ethiopia.

ANSWER 7: Per NOFO Section C. ELIGIBILITY INFORMATION, C.1 Eligible Applicants (page 6), “CDP/ICS welcomes applications from U.S.-based non-profit/non-governmental organizations subject to section 501(c) (3) of the U.S. tax code; foreign-based non-profit organizations/nongovernment organizations (NGO); Public International Organizations; Foreign Public Organizations; private, public, or state institutions of higher education; and for-profit organizations or businesses.”

Per NOFO Section B. FEDERAL AWARD INFORMATION (page 5), “CDP/ICS CDP/ICS anticipates having approximately $1,000,000.00 of FY 2021 Economic Support Funds (ESF) available to support one successful application submitted in response to this NOFO, subject to the availability of funding.” None of the funds appropriated under Economic Support Funds may be obligated or expended for assistance for Ethiopia.

QUESTION 8: Should I submit the proposal at grants.gov or the SAMS Domestic Website?

ANSWER 8: Per NOFO Section D.6 Other Submission Requirements (page 15), “All application submissions must be made electronically via www.grants.gov or SAMS Domestic (https://mygrants.servicenowservices.com).”

SAMS Domestic Applications: Organizations must remember to save a screen shot of the checklist showing all documents submitted in case any document fails to upload successfully.

Grants.gov Applications:

Applicants who do not submit applications via SAMS Domestic may submit via www.grants.gov. Please refer to the Grants.gov website for definitions of various "application statuses" and the difference between a submission receipt and a submission validation. Applicants will receive a validation e-mail from Grants.gov upon the successful submission of an application. Validation of an electronic submission via Grants.gov can take up to two business days. Additionally, organizations must remember to save a screenshot of the checklist showing all documents submitted in case any document fails to upload successfully.