Notice of Funding Opportunity: Plea Agreement Legislative Drafter Project

General Description:

The Bureau of International Narcotics and Law Enforcement Affairs (INL) is responsible for the development, supervision, coordination, and implementation of international narcotics control assistance activities and international criminal justice issues for the U.S. Department of State (DOS). INL’s Office of Africa and the Middle East (INL/AME) provides policy guidance and develops, executes, and monitors programs to address the full range of criminal justice issues as they relate to rule of law and stabilization activities in Africa and the Middle East.  In Ghana, INL is building the professional capacity of civilian law enforcement and justice sector actors to carry out their important functions to uphold the rule of law.

The United States has been working collaboratively with the Government of Ghana (GOG) to strengthen its administration of justice for several years.  The major objective is to implement sustainable legal reforms to address Ghana’s overpopulated prisons, lengthy remand periods, and congested court dockets.  The expansion of plea bargaining to all offenses is a sustainable tool that can have a profound impact on the effective administration of justice.  The disposal of some criminal cases by plea bargaining will allow other cases to be tried sooner, decongest the  remand prison population, reduce court dockets, and provide greater access to justice.  Following plea agreement workshops with prosecutors, judges, and defense counsel in seven Ghanaian regions there is overwhelming support for the expansion of plea agreements.  Currently, Ghana’s criminal procedure only allows for plea agreements in murder and corruption cases.  The use of plea agreements in murder cases has proven to be a useful tool yielding the benefits as described above.  The expansion of plea agreements beyond homicides should likely have an exponential impact on Ghana’s justice system.

INL, OPDAT, and the U.S. Embassy in Accra are now seeking an implementing partner to identify and select, with the approval of INL, a legislative drafter to draft plea agreement legislation and all necessary documents and to successfully promote and support the legislation through the parliamentary process, to include engagements with relevant ministries such as the Ministry of Justice and the Attorney-General.  The implementing partner will manage the legislative drafter to ensure that all project objectives are timely and successfully met.

NOTICE OF FUNDING OPPORTUNITY

The authority for this Notice of Funding Opportunity (NOFO) is found in the Foreign Assistance Act of 1961, as amended.

Pursuant to 2 CFR 200.400g, it is U.S. Department of State policy not to award profit under assistance instruments.  All reasonable, allocable, and allowable expenses, however, both direct and indirect, which are related to the agreement program and are in accordance with applicable cost standards (2 CFR 200 for overseas-based non-profit organizations) may be paid under the grant.  Note that overseas-based nonprofit organizations are legally required to comply with the 2 CFR 200.

Eligibility for this NOFO is limited to local applicants that qualify to receive U.S. grants and cooperative agreements, and that have the ability to develop and successfully implement a project in Ghana and meet INL’s reporting requirements (such as foreign not-for-profits/non-governmental organizations or foreign based educational institutions).  Organizations must also be able to demonstrate current (or pending) country registration in Ghana.

To be eligible for an award, in addition to other conditions of this NOFO, organizations must have a commitment to non‐discrimination with respect to beneficiaries and adherence to equal opportunity employment practices. Non‐discrimination includes equal treatment without regard to race, religion, ethnicity, gender, and political affiliation.

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.

Subject to the availability of funds and pending Department of State management approvals, INL intends to issue a Cooperative Agreement in an amount not to exceed $250,000 in total funding.  The $250,000 U.S. Dollar amount will be funded from INL allocated funds, for an initial project period of 12 months.  INL may award up to two additional 12-month periods contingent on INL priorities, good performance of the recipient, Department of State management approvals, and funding availability.

The complete application package for this NOFO should be submitted to USEmbAccraPOL@state.gov   

The deadline for application submissions has been extended to close of business Friday, 1 November, 2019, 11:59 PM Accra Local Time.  

Any questions regarding this NOFO should be in writing and emailed to the same email address USEmbAccraPOL@state.gov

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 an application.  In addition, final award of any resultant grant agreement cannot be made until funds have been fully appropriated, allocated, and committed through internal INL procedures.  While it is anticipated that these procedures will be successfully completed, potential applicants are hereby notified of these requirements and conditions for award.  Applications are submitted at the risk of the applicant.  All preparation and submission costs are at the applicant’s expense.

The U.S. government may make award on the basis of initial applications received, without discussions or negotiations. Therefore, each initial application should contain the applicant’s best terms from a cost and technical standpoint. The U.S. government reserves the right (but is not under obligation to do so), to enter into discussions with one or more applicant(s) in order to obtain clarifications, additional detail, or to suggest refinements in the program description, budget, or other aspects of an application.

BACKGROUND

The Bureau of International Narcotics and Law Enforcement Affairs (INL) is responsible for the development, supervision, coordination, and implementation of international narcotics control assistance activities and international criminal justice issues for the U.S. Department of State (DOS). INL’s Office of Africa and the Middle East (INL/AME) provides policy guidance and develops, executes, and monitors programs to address the full range of criminal justice issues as they relate to rule of law and stabilization activities in Africa and the Middle East.  In Ghana, INL is building the professional capacity of civilian law enforcement and justice sector actors to carry out their important functions to uphold the rule of law.

The United States has been working collaboratively with the Government of Ghana (GOG) to strengthen its administration of law for a number of years. Ghana continues to be plagued with overpopulated prisons, congested court dockets, and remanded accused persons who languish in jail before having their day in court.  These issues remain despite Ghana’s having undertaken creative steps to remedy these ills, such as the “Justice for All” program that assists remanded accused persons to obtain bail, the USAID case-tracking system that will identify unnecessary interagency delays in prosecutions, and the judicial service E-Justice case-management system designed to help the judiciary go paperless.

Plea bargaining is a tool that can greatly reduce the prison population and decongest the court dockets resulting in greater access to justice.  In the United States, 65%-97% of criminal cases are disposed of by plea agreements, dramatically reducing the time that individuals are remanded and that cases are pending in court.  Countries that have adopted the United States plea agreement system have noted their own successes.  For instance. The Republic of Georgia introduced plea bargaining in 2003 and today, approximately 60% of criminal cases are resolved by plea agreements.  Argentina expanded plea agreements in the inquisitorial system in 2016 resulting in 60% of cases resolved by plea agreement.  Closer to home, Kenya began a plea agreement pilot project in its congested Children’s Courts in 2016 where many juveniles did not have their cases heard prior to their 18th birthday, resulting in them being tried as adults.  Over the course of the two-year pilot project, more than 4,000 cases were resolved, and there is no longer a backlog of juvenile cases in children’s court.  As a result, in 2019, Kenya expanded the use of plea agreements to adult criminal cases.

During the week of April 8, 2019, an interagency team from the U.S. Embassy – including the U.S. Department of Justice Resident Legal Advisor (RLA), DOJ Justice Specialist, INL Director, Legal Attaché, and Embassy Nairobi’s RLA – hosted three plea agreement workshops to educate Ghanaian criminal justice representatives about the benefits of plea agreements to strengthen the justice sector.  Delegations from the United States and Kenya discussed the benefits of plea agreements, including reduction of the remand population and effective judicial case management.  The workshops were a huge success.  The participants agreed that plea agreements should be expanded in Ghana and urged immediate passage of legislation.  There is great interest and momentum in taking this significant step to amend Ghana’s criminal act, ensuring appropriate safeguards to ensure Ghana realizes the benefits yet avoids the pitfalls of plea bargaining.

Therefore, the purpose of the legislative drafter is to create draft policy and legislation, socialize it among stakeholders in Ghana’s justice system, conduct necessary consultations, and encourage Parliament with urgency to pass it into law.

PROJECT GOAL:

Identify and select an experienced and highly qualified local legislative drafter to expand the use of plea agreements in Ghana’s criminal justice system through legislation.  Oversee and manage the work of the selected legislative drafter to ensure the timely and successful passage of the proposed legislation by parliament.  All objectives will be conducted in close coordination with the Bureau of International Narcotics and Law Enforcement Affairs (INL) and the U.S. Embassy Accra Resident Legal Advisor (RLA).

PROJECT OBJECTIVES

  1. Identify and select an experienced and highly qualified legislative drafter to draft legislation expanding plea agreements in Ghana’s criminal justice system. The drafter must have relevant past experience in Ghana.
  2. Draft policy, legislation, fiscal note, and all necessary legislative documents (collectively, “legislation”) to expand plea bargaining in Ghana’s criminal justice system.
  3. Usher legislation through the parliamentary process resulting in its successful passage by parliament.
  4. Develop a robust public awareness campaign to educate citizens about the benefits of the legislation.

Objective 1:  Identify and select an experienced and highly qualified legislative drafter to draft legislation expanding plea agreements in Ghana’s criminal justice system.

Illustrative Activities:

  • Establish duties and responsibilities for legislative drafter in close coordination with Embassy.
  • Establish minimum qualifications for the legislative drafter in close coordination with Embassy. The legislative drafter should have directly relevant past experience in Ghana. A Ghanaian national is strongly preferred but not mandatory.
  • Review legislative drafter applicant packets and conduct interviews in close coordination with Embassy.
  • Note: Because the Legislative Drafter position is considered Key Personnel under this Cooperative Agreement, the Grants Officer must approve before the grantee hires for this position.

Objective 2:  Draft policy, legislation, and all necessary legislative documents (collectively, “legislation”) to expand plea bargaining in Ghana’s criminal justice system. All activities must be conducted in close coordination with the Embassy.

Illustrative Activities:

  • Manage and ensure pre-drafting preparation including research of plea bargaining in Ghana’s law and criminal procedure, to include its development, provision in the law, and current formal and informal use. Also, research plea bargaining law, criminal procedure, and practice in countries that utilize plea bargaining more expansively, e.g., United States, Kenya, Nigeria, etc.
  • Review materials, e.g. after action reports, documents, and pre-and post- surveys, from DOJ/OPDAT and INL plea agreement workshops held in April and August 2019.
  • Prior to drafting legislation, brief the Embassy on provisions to be included in legislation and legislative options that can be pursued to accomplish the expansion of plea bargaining in Ghana and provide recommendation and rationale for best option.
  • Draft proposed legislation.
  • Deliver proposed legislation to Embassy for review.
  • Conduct meeting(s) with Embassy to discuss edits, comments, and changes to proposed legislation.
  • Conduct validation review meetings with stakeholders for comment in close coordination with Embassy.
  • Following all edits, comments and changes, deliver copies of the final proposed legislation to Embassy.

Objective 3:  Support and promote the legislation through the parliamentary process resulting in its successful passage by parliament. All activities must be conducted in close coordination with INL and RLA.

Illustrative Activities:

  • Undertake meetings with the Ministry of Justice and Attorney-General and Director of Public Prosecutions to review the proposed legislation.
  • Conduct meetings with parliamentary select committees, such as the Legal Reform Committee, for comment and finalization.
  • Submit legislation to the Attorney-General’s Drafting Department for review.
  • Following the incorporation of comments, edits, and changes from parliament and the Attorney-General’s Department, submit the final proposed legislation to the Attorney-General.
  • Provide any necessary support such as meet with parliament, AG, and stakeholders; build coalitions; and make edits.

Objective 4:  Develop a robust public awareness campaign to educate citizens about the benefits of the legislation and build civil society organization coalitions to promote and support the legislation through parliament. All activities must be conducted in close coordination with INL and RLA.

Illustrative Activities:

  • Coordinate with Ghana’s justice system with developing a public awareness campaign with close coordination with the Embassy.
  • Explore the use of the National Commission for Civic Education (NCCE), media, and community meetings to educate citizens throughout Ghana about the legislation.
  • Meet with relevant civil society organizations about the impact of the expansion of plea bargaining on overcrowded prisons, judicial efficiency, victims/witnesses, and access to justice.
  • Build a coalition of Civil Society Organizations (CSO) to promote and urge parliament’s passage of the legislation.
  • Engage with international justice counterparts with plea agreement laws to promote and educate the public, CSOs, stakeholders, and media about the benefits of plea agreements in close coordination with the Embassy.

ADDITIONAL CONSIDERATIONS

The grantee must be able to operate and conduct business in Ghana.

DELIVERABLES AND REPORTING REQUIREMENTS

The grantee is required to provide deliverables within the required timeframe and submit written reports to the Grants Officer, Grants Officer Representative, Resident Legal Advisor, and INL Director according to the following timeline:

Reports Due Date

Objective 1:  Identify and select an experienced and highly qualified legislative drafter to draft legislation expanding plea agreements in Ghana’s criminal justice system.

 

Within 30 days of award

Objective 2:  Draft policy, legislation, and all necessary legislative documents (collectively, “legislation”) to expand plea bargaining in Ghana’s criminal justice system.

 

Within 90 days of award

Objective 3:  Support and promote the legislation through the parliamentary process resulting in its successful passage by parliament.

 

Within 150 days of award
Objective 4:  Develop a robust public awareness campaign to educate citizens about the benefits of the legislation and build civil society organization coalitions to promote and support the legislation through parliament. Within 180 days of award

 

Recipients are also required to submit monthly programmatic and financial reports throughout the project period.  Programmatic and financial reports (SF 424 and a detailed financial expenditure report) are due 30 days after the reporting period, with the Final certified programmatic and financial reports are due 90 days after the close of the project period.

All reports are to be submitted electronically via email to the Grants Officer, Grants Officer Representative, RLA, and INL Director.

PROPOSAL FORMAT REQUIREMENTS

For all application documents, please ensure:

  1. All pages are numbered, including budgets and attachments,
  2. All documents are formatted to 8 ½ x 11 paper, and
  3. All Microsoft Word documents are single-spaced, 12 point Times New Roman font, with a minimum of 1-inch margins.
  4. All documents must be submitted in English.

Complete applications must include the following for proposal submissions:

  1. Completed and signed SF-424, SF-424A, and SF424B forms (Please see Tab B for instructions for completion of Standard Forms 424, 424A, and 424B.)
  2. A copy of your organization’s most recent audit (as required per 2 CFR 200.500 – Subpart F). If an audit cannot be provided, an explanation must be submitted with the proposal submission.
  3. Cover Page that includes:
    • project title
    • name, title, email, phone, and mailing address for the project’s main point of contact,
    • total amount of funding requested
    • number of months required for program to accomplish its objectives
  4. Table of Contents
  5. Proposal Narrative (not to exceed 20 pages in Microsoft Word, not including attachments) that includes:
    • Background and context
    • Goal and Objectives of the project
    • Detailed explanation of the activities and approach that will be taken to achieve the project Goal and Objectives
    • Staffing structure, and description of key project personnel (including qualifications, roles, and responsibilities under this project. Of particular importance is the role and responsibilities of the legislative drafter)
    • Risk analysis and plan to mitigate each risk
    • Anticipated project timeline (monthly basis) showing when key activities will take place
    • Monitoring and Evaluation framework that includes both output and outcome indicators (and targets for each indicator)
    • Sustainability plan
  6. Summary and Detailed Line-Item Budget (in the attached Microsoft Excel format) that includes 3 columns including the request to INL, any cost sharing contribution, and total budget (see below for more information on budget format). A summary budget should also be included using the OMB approved budget categories (see SF-424 as a sample). Costs must be in U.S. dollars.
  7. Budget Narrative (see template attached) that includes an explanation and justification for each line item in the detailed budget spreadsheet, as well as the source and a description of all cost-share offered. For ease of review, INL recommends applicants order the budget narrative as presented in the detailed budget. Personnel costs should include a clarification of the roles and responsibilities of key staff and percentage of time devoted to the project. The budget narrative should communicate to INL any information that might not be readily apparent in the budget, not simply repeat with words what is stated numerically in the budget.
  8. NICRA: If your organization has a negotiated indirect cost rate agreement (NICRA) and will include NICRA charges in the budget, your latest NICRA must be included as a .pdf file. This document will not be reviewed by the panelists, but rather used by program and grant staff if the submission is recommended for funding and therefore does not count against the submission page limitations, as described above. If your proposal involves sub-grants to organizations charging indirect costs, please submit the applicable NICRA also as a .pdf file (see “INDIRECT COST RATE” below for more information on indirect cost rates).

If your organization does NOT have a negotiated indirect cost rate agreement (NICRA) please specify if your organization elects to charge the de minimis rate of 10% of the modified total direct costs.  The de minimis rate must be included in the detailed budget and an explanation must be provided in the budget narrative.

  1. Proof of authorization to operate in Ghana.
  2. A list of previous and/or current U.S. federal assistance awards received (if applicable); please include the awarding agency, point of contact, name of the project, start and end dates, and amount of the award.
  3. A list of relevant past performance: please include a list of past projects of similar scope and size, including name of project, project summary, total project budget, start and end dates, and sponsor’s contact information. Of particular relevance is experience with legislative drafting in the Ghanaian Parliament.
  4. A list of family and financial connections with the Government of Ghana*: Please include the following:
    • for any employees of the organization, please provide a list of family members who are employed by any Ministry, Agency, or Office of the Government of Ghana (include name, family relationship, position, agency);
    • provide list of names/positions of any employees or consultants that have worked for any Ministry, Agency, or Office of the Government of Ghana within the past 24 months; and
    • provide list of contracts or other projects conducted for any Ministry, Agency, or Office of the Government of Ghana within the past 24 months.

*Note: This information will be taken into consideration during the proposal review.  Failure to disclose this information, however, could disqualify your application from further consideration.

APPLICATION REVIEW INFORMATION

The technical applications and proposal submissions will be evaluated in accordance with the Technical Evaluation Criteria set forth below. Technical evaluation of applications will be based on the extent and appropriateness of proposed approaches and feasibility of achieving the strategic objectives, in accordance with the following criteria.

If award is not made on the initial applications, INL may request clarification and supplemental materials from applicants whose applications have a reasonable chance of being selected for award.   The entry into discussion is to be viewed as part of the evaluation process and shall not be deemed by INL or the applicants as indicative of a decision or commitment upon the part of INL to make an award to the applicants with whom discussions are being held.

  1. TECHNICAL EVALUATION CRITERIA

A technical evaluation committee, using the criteria shown in this Section, will evaluate the technical 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.  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.  The relative importance of each criterion is indicated by the number of points assigned.   A total of 100 points is possible.

Quality of Program Idea (Total Possible Points – 25):

  • Responsive to the solicitation (5)
  • Appropriate in the country context (5)
  • Exhibits originality, substance, and precision (10)
  • Prioritizes innovation but is feasible (5)

Program Planning/Ability to Achieve Objectives (Total Possible Points – 40): 

  • Clear explains how project activities will accomplish the program objectives (5)
  • Each activity is clearly developed and detailed (10)
  • Provides a complete monthly timeline of key activities (5)
  • Objectives are clear, specific, attainable, measurable results-focused and placed in a

reasonable time frame (5)

  • Addresses how the program will engage or obtain support from relevant stakeholders and

identifies local partners where appropriate (10)

  • Describes the division of labor among the direct applicant, any partners and any potential

subgrantees (5)

Institution’s Record and Capacity Rating (Total Possible Points – 20):

  • The proposal demonstrates an institutional record of successful programs in the proposed

country and the content area (5)

  • Personnel and institutional resources are adequate and appropriate to achieve the project’s

objectives (5)

  • Roles, responsibilities, and brief bios/resumes are included for primary staff, and demonstrate relevant professional experience (5)
  • The proposal demonstrates capacity for responsible fiscal management, illustrates success in similar sized projects, and provides confidence in ethical personal and financial relationships with the Government of Ghana (5)

 

Cost Effectiveness/Cost Sharing (Total Possible Points – 15):

  • The overhead and administration of the proposal, including salaries and honoraria, are

explained and justified for the work involved (5)

  • All budget items are necessary, appropriate and linked to program objectives (5)
  • Personnel costs are reasonable for the work involved (5)

COST EVALUATION

Cost will be evaluated for realism, reasonableness, allowability, allocability, and cost effectiveness. The pre-award evaluation of cost effectiveness will include an examination of the application’s budget detail to ensure it is a realistic financial expression of the proposed project and does not contain estimated costs which may be unallocable, unreasonable, or unallowable. Applications that have more efficient operational systems that reduce operation costs will be favorably considered.

Applications that maximize direct activity costs including cost sharing and that minimize administrative costs are encouraged. Other considerations are the completeness of the application, adequacy of budget detail and consistency with elements of the technical application. In addition, the organization must demonstrate adequate financial management capability, to be measured by a responsibility determination.

ADDITIONAL INFORMATION

OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULARS

Organizations should be familiar with 2 CFR 200 on cost accounting principles. For a copy of the OMB circular cited, please contact Government Publications or download from http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl. Overseas-based nonprofit organizations are legally required to comply with 2 CFR 200.

AUDITS

The recipient’s proposal should 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. When the U.S. Department of State is the largest direct source of Federal financial assistance (i.e., the cognizant Federal Agency) and indirect costs are charged to Federal grants, a supplemental schedule of indirect cost computation is required;

4) A non-Federal entity that expends $750,000 or more during the non-Federal entity’s fiscal year in Federal awards must have a single or program-specific audit conducted for that year in accordance with the provisions of 2 CFR 200 subpart F.   The audit costs shall be identified by 2 CFR 200.435.

TAB A:  BUDGET GUIDELINES

Complete budgets will provide a detailed line-item budget outlining specific cost requirements for proposed activities.  A minimum of three columns should be used to delineate the bureau funding request, cost-share by applicant, and total project funding.  Complete applications will include a budget narrative to clarify and justify individual line-items (i.e. calculations of how the costs were derived per month or year, their necessity, and overall contribution to the program’s cost-effectiveness).

The three-column proposal line item budget should include the following components, in the suggested format below:

INL Request Cost Share Total
A. PERSONNEL
a) Primarily Headquarters-Based Personnel
-H.Q.-based project -dedicated staff salary (X months) X% of $X/yr
-H.Q.-based administrative staff salary (X months) X% of $X/yr
b) Primarily Field-Based Personnel
-Field-based Country Director salary (x months or year) X% of $X/yr
-Field-based Program Assistant salary (x months or year) X% of $X/yr
Subtotal Personnel
B. FRINGE BENEFITS
a) Primarily H.Q.-Based Fringe Benefits fringe=X% salary
-H.Q.-based project -dedicated staff fringe (X months) X% fringe
-H.Q.-based administrative staff  fringe(X months) X% fringe
b) Primarily Field-Based Fringe Benefits fringe=X% salary
-Field-based Country Director fringe (x months or year) X% fringe
-Field-based Program Assistant fringe (x months or year) X% fringe
Subtotal Fringe Benefits
C. TRAVEL
a) Monitoring Travel
-Monitoring Trip: H.Q. to field (X) $X/RT flight
-Per diem (X days) $X/day
b) Field Travel
Activity 1: Workshop
-Staff Travel (# staff) $X/RT flight/# staff
-Staff Per Diem (X days) $X/day/# day/# staff
-Participant Travel (# participants) $X/trip/# pax
-Participant Per Diem (X days) $X/day/# day/# pax
Activity 2: Town Hall Meeting
-Staff Travel (# staff) $X/RT flight/# staff
-Staff Per Diem (X days) $X/day/# day/# staff
-Participant Travel (# participants) $X/trip/# pax
-Participant Per Diem (X days) $X/day/# day/# pax
Subtotal Travel
D. EQUIPMENT
a) Primarily H.Q.-Based Equipment (if applicable)
-H.Q.-equipment (if applicable) $X/unit
d) Primarily Field-Based Equipment
-Field-equipment $X/unit
Subtotal Equipment
E. SUPPLIES
a) Primarily H.Q.-Based Supplies (if applicable)
-Printing and Photocopying (X months) X% of $X/yr
b) Primarily Field-Based Supplies
-Markers and dry erase board $X/set
-Telephone (X months) X% of $X/yr
-Office Supplies (X months) X% of $X/yr
Subtotal Supplies
F. CONTRACTUAL
a) Subgrants
-Local Subgrantees (X subgrants) $X/unit
b) Consultant Fees
-Media Specialist/Honoraria (X days/hours) $X/consult
-Independent M & E specialist $X/unit
-Translation Fees (X pages) $X/page
Subtotal Contractual
G. CONSTRUCTION N/A
H. OTHER  
a) Other Direct Costs
-Field Office Rent (X months) X% of $X/mo
Subtotal Other

I. TOTAL DIRECT CHARGES

(Sum of A-H Subtotals)

J. INDIRECT CHARGES
a) Indirect Costs/NICRA (X% of costs)
Subtotal Indirect Charges
K. TOTAL COSTS (Sum I-J)

 

Note: This budget is designed to serve as an example of the format for complete budget submissions and is NOT exhaustive.  Individual line items included in each applicant’s budget should reflect specific program activities. (pax = participants)

Before grants are awarded, INL reserves the right to reduce, revise, or increase proposal budgets in accordance with the needs of the INL program and availability of funds.

As mentioned above, the detailed budget should also include an accompanying budget narrative document that explains and justifies each line item, in the suggested format below:

BUDGET NARRATIVE

A. Personnel – Identify staffing requirements by each position title and brief description of duties. For clarity, please list the annual salary of each position, percentage of time and number of months devoted to the project. (e.g., Administrative Director: $30,000/year x 25% x 8.5 months; calculation:  $30,000/12 = $2,500 x 25% x 8.5 months = $5,312.).

B. Fringe Benefits – State benefit costs separately from salary costs and explain how benefits are computed for each category of employee – specify type and rate. Fringe benefit application must be consistent with organization’s written policy.

C. Travel – Staff and any participant travel (Note: Staff refers to grantee staff only, and not sub-grantee staff or contractors):

1)  international and/or domestic airfare – Please indicate origin and destination (country/city),

number of travelers and unit cost per round trip

NOTE:  All travel must be booked with economy class fares only.  Applicants must explain

differences in fares among travelers on the same routes.  Note that all travel, where applicable,

must comply with the Fly America Act.  For more information see http://www.gsa.gov/portal/content/103191.

2)  in-country travel – Please indicate origin and destination (city), type of transportation, number

of travelers and unit cost per traveler per trip.

3)  per diem/maintenance:  includes lodging, meals and incidentals for both participant and staff travel.  Rates of maximum allowances for U.S. and foreign travel are available from the following website: http:/www.policyworks.gov/.  Per diem rates may not exceed the published U.S. government allowance rates; however, institutions may use per diem rates lower than official government rates.

NOTE:  Per diem rates must be prorated and/or removed if applicant will pay for refreshments and/or meals for participants during a workshop/conference.

D. Equipment – please provide justification for any equipment purchase/rental, defined as tangible personal property having a useful life of more than one year and an acquisition cost of $5000 or more.

E. Supplies – list items separately using unit costs (and the percentage of each unit cost being charged to the grant) for photocopying, postage, telephone/fax, printing, and office supplies (e.g., Telephone: $50/month x 50% = $25/month x 12 months).

F. Contractual

  1. a) Subgrants – For each subgrant/contract please provide a detailed line-item budget breakdown explaining specific services. Please provide a subgrant budget using the approved OMB budget format. (See Tab C: Budget Guidelines, above.)
  2. b) Consultant Fees – For example lecture fees, honoraria, travel, and per diem for outside speakers or independent evaluators: list number of people and rates per day (e.g., 2 x $150/day x 2 days). Consultant/outside expert fees/honoraria should be consistent with the level of experience and based on a fair market value. (NOTE:  Consultant Fees and Honorarium should NOT EXCEED $526/day)

G.Other Direct Costs – these will vary depending on the nature of the project. The inclusion of each should be justified in the budget narrative. All costs must be allowable, allocable, and reasonable, and consistent with OMB guidelines. Line items such as “Miscellaneous,” “Other,” “Contingency Fund,” and “Reserve Fund” are not permitted.

H. Indirect Charges – See 2 CFR 200.414 , “Indirect Costs”

1)  If your organization has an indirect cost-rate agreement with the U.S. Government, please include a copy of this agreement. Please specify if your organization elects to charge the de minimis rate of 10% of the modified total direct costs. This does not count against submission page limitations.

2)  If your organization is charging an indirect rate, please indicate how the rate is applied–to direct administrative expenses, to all direct costs, to wages and salaries only, etc.

3)  Do not include indirect costs against participant expenses in the Bureau budget, as it generally does not pay for these costs.

 

Cost Share/Cost-Effectiveness – Explanation of contributions should be included in the budget narrative, whether cash or in-kind.  Assign a monetary value in U.S. dollars to each in-kind contribution.  If the proposed project is a component of a larger program, identify other funding sources for the proposal and indicate the specific funding amount to be provided by those sources. In addition, it is recommended that budget narratives address the overall cost-effectiveness of the proposal, including leveraging of institutional or other resources. Cost sharing or matching refers to a portion of project or program cost that is not borne by the Federal Government. Grantees must follow cost sharing or matching policy as stipulated in 2 CFR 200.306. Cost sharing amounts proposed will be incorporated as part of the allowable budget items. If selected for an award, your organization will have to provide the minimum amount of cost sharing as stipulated in the budget approved by the Grants Officer. If your organization does not meet its cost share amount stipulated in the approved budget by the end of the period of performance INL will have the option to (1) reduce its contribution in proportion to your organization’s contribution in the event that you do not provide the minimum amount of cost sharing stipulated in the budget or (2) hold your organization accountable for the amount specified in the approved budget.

 

BUDGET CONDITIONS AND RESTRICTIONS:

The Recipient is reminded that funds provided under this agreement must be used in a manner fully consistent with U.S. law. The recipient agrees that none of the funds provided by this award shall be used to lobby for or against abortion. The recipient agrees that none of the funds provided by this award shall be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions.

Per 22 CFR 200.307 ((e) (1), (2) and (3) of this section please note the following guidance concerning use of Program Income:

  • Program income earned during the project period shall be retained by the recipient and, in accordance with the terms and conditions of the award, shall be used in one or more of the ways listed in the following:
  • Added to funds committed to the project by the Department and recipient and used to further eligible project or program objectives.
  • Used to finance the non-Federal share of the project or program.
  • Deducted from the total project or program allowable cost in determining the net allowable costs on which the Federal share of costs is based.
  • It is emphasized, however, that the above three alternatives are applicable only when the grantee is a non-profit entity. Any grant to a commercial firm must state that the first of the alternatives is not available for program income earned by the grantee. (GAO noted in its Principles of Federal Appropriations Law at 10-57, that “This approach [option (1)] increases program size. Both OMB and GAO have expressed preference for the deduction method [option (3)] since it results in savings to the federal government and to grantees.”)

INL will consider budgeted line-items for the following:

  • External evaluations to assess the project’s impact (costs must be built into the overall original budget proposal and must be reasonable);
  • Costs associated with an internal evaluation conducted by the grantee (costs must be built into the overall original budget proposal and must be reasonable);
  • Visa fees, immunizations, and medical insurance associated with program travel;
  • A-133 Audit or internal audit for the INL program (or prorated costs that is shared among other Federal Assistance grants/contracts)
  • English translation (cost must be built into the original budget proposal and must be reasonable)

The following cost elements will not be reimbursed and are not allowable in this program:

  • Publication of materials for distribution within the U.S.;
  • Administration of a project that will make a profit;
  • Expenses incurred before or after the specified dates of award period of performance (unless prior written approval received);
  • Projects designed to advocate policy views or positions of foreign governments or views of a particular political faction;
  • Entertainment and/or Alcoholic beverages;
  • Costs of entertainment, including amusement, diversion, and social activities and any associated costs are unallowable, except where specific costs that might otherwise be considered entertainment have a programmatic purpose and are authorized either in the approved budget for the Federal award or with prior written approval of the Federal awarding agency;
  • Land;
  • Construction;
  • Direct support or the appearance of direct support for individual or single party electoral campaigns;
  • Duplication of services immediately available through municipal, provincial, or national government;
  • Expenses listed as “miscellaneous”, “other”, or “contingencies”;
  • Expenses made prior to the approval of a proposal or unreasonable expenditures will not be reimbursed.

INL may make conditions and recommendations on proposals to enhance proposed programs.  Conditions and recommendations are to be addressed by the applicant before approval of the award.  To ensure effective use of INL funds, conditions or recommendations may include requests to increase, decrease, clarify and/or justify budget costs.

TAB B:  GUIDELINES FOR STANDARD FORMS

SF-424 – Complete all fields except fields noted as “Leave Blank” below.

1.Type of Submission: Application

2. Type of Application: New

3. Date Received: Leave blank. This will automatically be assigned

4. Applicant Identifier: Leave blank

5a. Federal Entity Identifier:  Leave blank 

5b. Federal Award Identifier:  Leave blank

6. Date Received by State: Leave blank. This will automatically be assigned

7. State Application Identified: Leave blank. This will automatically be assigned

8a. Enter the legal name of the applicant organization.

8b. Employer/Taxpayer ID Number:  (Non U.S. organizations leave blank)

8c. Organizational DUNS:  Organizations can request a DUNS number at

http://fedgov.dnb.com/webform

8d. Enter the full address of the applicant

8e. Enter the name of the primary organizational unit (and department or division, if applicable) that will undertake the assistance activity, if applicable

8f. Enter the name, title, organization, and contact information of person to be contacted on matters involving this application

9.Select an applicant type (type of organization)

10. Enter: Department of State

11. Enter: the CFDA number is 19.703

12. Enter the Funding Opportunity Number and title.

13. Enter the Competition Identification Number and title.

14. Areas Affected by Project: List the country or countries where project activities will take place in alphabetical order; for projects that will take place in more than one region enter “Global”.

15. Enter the title of the proposed project (if necessary, delete pre-printed wording)

16a. Enter congressional district of Applicant.  (foreign applicants please enter “90.”)

16b. Enter: (foreign applicants, please enter “00”)

Program: Leave blank

17. Enter a start date and a projected end date

18. Enter the amount requested for the project under “Federal”

(18a); enter any cost-share under “Applicant” (18b).

19. Enter “c”

20. Select the appropriate box. If you answer “yes” to this question you will be required to provide an explanation.

21. Enter the name, title, and contact information of the individual authorized to sign for the application.

Additional Resources:

SF424 (PDF 256 KB)

SF-424 instructions (PDF 319KB)

SF424A (PDF 1MB)

SF-424A instructions (PDF 323KB)

SF-424B (PDF 70KB)

SF-424B instructions (PDF 264KB)

 

FEDERAL AWARD ADMINISTRATION INFORMATION

Federal Award Notices:  The successful applicant(s) will be notified via email that its proposal has been selected to move forward in the review process; this email IS NOT an authorization to begin performance.  The Grants Officer is the Government Official delegated the authority by the U.S. Department of State Procurement Executive to write, award, and administer grants and cooperative agreements.  The assistance award agreement is the authorizing document and it will be provided to the Recipient through email transmission. The recipient may only incur obligations against the award beginning on the start date outlined in the DS-1909 award document that has been signed by the INL Grants Officer.  Organizations whose applications will not be funded will also be notified via email by INL. Please refer to the anticipated time to award information in Section E.

Terms and Conditions: Recipients will be held to the applicable terms and conditions found at https://www.state.gov/documents/organization/271865.pdf.  It is the Recipient’s responsibility to ensure they are in compliance with all applicable terms, conditions, and OMB guidance and requirements. Those organizations found to be in non-compliance may be found ineligible for future funding or designated high risk by the Grants Official for an award under this announcement.

2 CFR 200 Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards:   All applicants must adhere to the regulations found in 2 CFR 200 Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards.

Branding Requirements: As a condition of receipt of a grant award, all materials produced pursuant to the award, including training materials, materials for recipients or materials to communicate or promote with foreign audiences a program, event, project, or some other activity under an agreement, including but not limited to invitations to events, press materials, and backdrops, podium signs, etc. must be marked appropriately with the standard, rectangular U.S. flag in a size and prominence equal to (or greater than) any other logo or identity. Note: Exceptions to the branding requirement are allowable under certain conditions. If an applicant is notified that their award has been chosen for funding, the Grants Officer will determine, in consultation with the applicant, if an exception is applicable.