PROMOTING RULE OF LAW ACTIVITY
Accelerating Systemic Approaches to combating corruption within the judicial system (PROLA-RFA-001-2024)
Opportunity Number : PROLA-RFA-001-2024
Issuance Date : July 20, 2024
Questions Due Date : July 27, 2024
RFA Workshop : August 06, 2024
Full Application Due Date and Time : August 20, 2024, 17:00 (Kinshasa local Time)
Dear Applicants,
Tetra Tech-DRG Joint-Venture, the implementing partner of USAID’s Promoting Rule of Law Activity pursuant to the Foreign Assistance Act of 1961, as amended, and in accordance with USAID Contract N°# 7200AA21D00024/72066023F0000I, is authorized to provide grants under contract (GUC) to meet its program objectives.
The USAID’s Promoting Rule of Law Activity is seeking full applications (see attached full application template) from local civil society organizations, academic institutions, the private sector or other qualified candidates to implement approaches and strategies for combating corruption in the judicial system in the Democratic Republic of Congo. Proposed grant activities should not exceed $100,000 and a period of 12 months. The USAID’s Promoting Rule of Law Activity anticipates awarding a minimum of three (3) grants in response to this solicitation. Subject to the availability of funds, assistance will be either in the form of in-kind, standard grant, simplified grant, or fixed amount award grant agreements in accordance with Chapter 303 of USAID’s Automated Directives System (ADS 303). Applicants may submit up to two applications in response to this solicitation.
Applicants awarded grant agreements will carry out interventions that contribute to the achievement of USAID’s Promoting Rule of Law Activity’s overarching goal to assist the promoting independence, transparency, accountability, and integrity within the judiciary, strengthening civil society to demand the Government of the DRC's commitment to judicial independence and contribute to judicial reform, as well as developing and testing pilot projects aimed at increasing equitable and equal access to justice.
Awards to U.S. and Non-U.S. Organizations and institutions will be administered in accordance with applicable regulations as follows:
ADS 303 and Standard Provisions for U.S. organizations, non-U.S. nongovernmental organizations, or Fixed Amount Awards, as applicable, at https://www.usaid.gov/ads/policy/300/303
2 CFR 200 and 700 at http://www.ecfr.gov/cgi- bin/textidx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl
Applicable OMB Circulars https://www.whitehouse.gov/omb/information-for-agencies/circulars/
The Promoting Rule of Law Activity/USAID reserves the right to fund any or none of the applications submitted. Additionally, all awards pursuant to this funding opportunity are contingent upon the availability of funds and the receipt of a sufficient number of meritorious applications. Submitting an application is in no circumstance a commitment to award.
Please read this application package in its entirety before submitting your application to ensure you have completed the full application and submit all required documentation. Late or incomplete applications may not be considered for an award. This request for applications consists of this cover letter and the following sections:
Section I. Funding Opportunity
Section II. Award and Eligibility Information
Section III. Application Format and Submission Information
Section IV. Pre-Screening and Evaluation Criteria Section V. Award Administration Information Section VI. Other Information
Section VII. Attachments:
Attachment A : Application Format (with guidance) Attachment B : Budget Format with budget note guidance Attachment C : Certifications
Attachment D : SAM Registration and UEI User Guide Attachment E : Implementation plan
Thank you in advance for the interest shown.
Sincerely,
Daniel Dobrovoljec Chief of Party
USAID’s Promoting Rule of Law Activity
Section I. Funding Opportunity
The five-year project (2023-2028) "Promotion of the Rule of Law Activity’’ (PROLA) in the Democratic Republic of the Congo (DRC)," initiated and funded by the United States Agency for International Development (USAID), aims to strengthen the institutional independence of the judiciary to combat corruption and promote equal and equitable access to justice in the DRC with the purpose of enhancing public perception and confidence in the judicial system. Hence, PROLA has delineated three areas of change by focusing on three interconnected objectives:
• Objective 1: Increase transparency, accountability, and integrity within the judiciary.
• Objective 2: Strengthen civil society to demand the commitment of the Government of the DRC to judicial independence and contribute to judicial reform.
• Objective 3: Develop and test pilot projects aimed at increasing equal and equitable access to justice for all.
To accomplish these objectives, the PROLA closely engages with a wide network of institutions, including civil society, the private sector, universities, government, and other legal practitioners, to establish sustainable institutional systems and approaches suitable for supporting judicial reforms. This involves generating new analyses and compelling evidence to advance initiatives promoting transparency, integrity, and judicial independence. Furthermore, it aims to enhance the environment to provide fair, impartial, efficient, and innovative access to justice services, as well as better equal protection under the law.
1.Purpose and Objectives
The issue of corruption in the Democratic Republic of Congo (DRC) is complex and multifaceted. The DRC is a vast and diverse country, with a history marked by conflicts, political transitions, and socio-economic challenges. Corruption is pervasive in many systems, including government, businesses, public services, and the judicial system. Despite legislative and community driven efforts to address the drivers and impacts of corruption, independent organizations and the public routinely rate corruption as a leading concern within the country.
Factors driving Corruption:
- Weak Institutions: Institutions responsible for law enforcement, regulation, and oversight are often ineffective and lack resources
- Lack of Transparency: Opacity in financial transactions and decision-making processes facilitates corruption.
- Poverty and Inequality: Poverty and economic inequalities create incentives for officials to engage in corrupt practices.
- Culture of Impunity: The absence of deterrent sanctions reinforces a culture of impunity
According to rankings by the non-governmental organization Transparency International, the DRC scored 20 in 2023, placing it 162nd out of 180 countries[1]. According to Transparency International's 2019 Global Corruption Barometer the DRC has the highest rates of overall corruption in Sub-Saharan Africa, with 80% of respondents stating they had to pay bribes to access public services such as police assistance, water supply, and identity documents[2].
Furthermore, 85% of Congolese citizens surveyed in the same report believed that corruption had increased over the previous 12 months, representing the highest percentage in Sub-Saharan Africa. The judicial system is no exception. Consequently, a large majority of citizens (74%) perceive most judges and magistrates as corrupt[3].
Multiple organizations, including international donors, recognize the impact corruption has on communities and their trust in government. Targeted projects are funded by various donors to strengthen the judicial system, improve transparency, and raise awareness among the population about corruption.
In summary, initial investments, whether from international organizations, national entities, or other donor programs, have played a crucial role in the fight against corruption within the Congolese judicial system. They have contributed to raising awareness, strengthening capacities, and promoting essential reforms to combat corruption within the Congolese judicial system. However, continuous and coordinated efforts are necessary to instill a culture of integrity and accountability within the judicial system. It is within this framework that PROLA operates, which, from its inception, has conducted various activities and analyses to thoroughly understand this scourge before collaborating with stakeholders to devise initiatives to combat it. PROLA is designed to coordinate with local people, leaders, government and civil society to craft community driven activities that are responsive to justice needs. This RFA largely aligns with the relevant findings and results derived from PROLA’s:
Political Economy Analysis (PEA) (resource available upon request)
Social Norms Analysis (resource available upon request)
Mapping of state and non-state actors working in the fight against corruption
Workshop on systemic analysis of corruption within the judicial system, which highlights a significant gap between existing laws and policies and the inability of institutions and individuals to effectively engage in anti-corruption activities or prevent corrupt behavior.
This RFA aims to promote the development and implementation of coordinated and complementary activities to create a fairer judicial system, where the fight against corruption is active. The main expected outcomes of the supported activities and initiatives are as follows:
Increased Transparency: Awareness campaigns against corruption and monitoring of corrupt practices will shed light on corruption cases. Information regarding investigations, sanctions, and reforms will be made public, thereby enhancing the transparency of the judicial system. The public will be able to track progress in the fight against corruption, thus contributing to restoring trust.
Strengthened Integrity: Capacity-building for judicial actors will equip them with the necessary skills to resist corruption. Ethical training will encourage integrity in professional practices, and the reduction of impunity through investigations and disciplinary sanctions will also reinforce integrity.
Improved Efficiency: Combating corruption will free up valuable resources (financial, human) that were previously diverted. Judicial procedures will be faster and fairer as they will not be hindered by corrupt practices. Additionally, judicial actors will focus their efforts on their primary mission, thereby enhancing the overall efficiency of the system.
Restoration of Public Trust: The combination of transparency, integrity, and efficiency will contribute to restoring public trust in the judicial system. Citizens will have more faith in judicial decisions and in the system's ability to protect their rights.
2.Grant Activities
USAID’s Promoting Rule of Law Activity seeks to issue grants to including civil society, non-governmental organizations, private sector, or other qualified partners, to enhance the design and implementation of systemic strategies and approaches that effectively combat corruption within the judiciary. This revolves around six thematic activities, with specific objectives outlined as follows: awareness campaigns against corruption, monitoring of corrupt practices, combating impunity, capacity-building for actors, advocacy, and networking among stakeholders.
Illustrative and Eligible grant activities
Awareness campaigns: eligible activities include, not limited to, organizing awareness campaigns against corruption in jurisdictions and offices, universities and schools, and local communities; creating communication materials (brochures, videos, posters, etc.) to inform about the consequences of corruption; disseminating legal and institutional frameworks related to the fight against corruption, including the Code of Conduct for Public Officials and the Code of Ethics and Professional Conduct for judicial actors, etc.
• Monitoring corrupt practices: illustrative activities include, but are not limited to, detecting and documenting cases of corruption within the judicial system; developing, producing, and publishing reports on monitoring corrupt practices; training independent observers to monitor judicial procedures, etc.
• Combating impunity: illustrative activities include providing legal and judicial support to victims of corruption; identifying and positively sanctioning judicial actors who stand out in the fight against corruption; supporting the effective application of administrative and criminal sanctions; strengthening investigations and prosecutions against corrupt actors, etc.
• Capacity-building for actors: illustrative activities include organizing training for judicial actors and specialized structures on ethics, professional conduct, and corruption prevention; training for civil society actors (whistleblowers, media, etc.) involved in the fight against corruption on national and international legal instruments against corruption; facilitating the exchange of best practices among judges, lawyers, and court clerks as well as between civil society actors, etc.
• Advocacy: illustrative activities include collaborating with civil society organizations to advocate for anticorruption reforms; organizing advocacy actions to revitalize magistrates' unions; advocacy actions against impunity for perpetrators of corrupt practices, etc.
• Networking: illustrative activities include establishing a framework for consultation to promote interactive dialogue among actors (non-state actors among themselves, state and non-state actors) on the fight against corruption; organizing conferences, workshops, and forums to facilitate exchanges among judges, lawyers, and NGOs; creating online platforms to share best practices and lessons learned.
Applicants should demonstrate an understanding of the following in their grant application:
• In-depth understanding of the fight against corruption: Understanding the issues related to corruption, its consequences, and the specific challenges of the Congolese judicial system. Demonstrating knowledge of relevant national and international legal instruments for combating corruption, as well as the institutional framework for anti-corruption efforts.
• Contextually tailored strategies: Specific strategies that consider the local context, current laws, and cultural practices. They should identify key actors and potential partners for effective collaboration.
• Participatory and inclusive approach: The ability to engage stakeholders, including civil society, judicial authorities, media, and the public, including marginalized groups. They should explain how they plan to obtain consent and active participation from various stakeholders. Use of facilitative approaches that build community capacity.
• Measurement of impact and results: Defining clear performance indicators to evaluate the effectiveness of their actions. Measuring the impact of their activities on reducing corruption and restoring public trust.
• Sustainability and longevity: Demonstrate a clear sustainability strategy to ensure the sustainability of efforts beyond the grant period. Mechanisms to maintain achieved results and enhance long-term capacity building.
• Learning and scaling of results: Sharing best practices among different stakeholders, identifying successful approaches, and encouraging their adoption in other contexts. Additionally, they may propose synergies with other areas to strengthen overall impact.
In summary, organizations can demonstrate a comprehensive understanding of the fight against corruption, rooted in the local context, and equipped with robust strategies to achieve their objectives.
3.Illustrative Indicators
USAID’s Promoting Rule of Law Activity uses performance indicators to monitor and measure progress towards its intermediate results. Applicants’ proposed grant activities should contribute to program performance indicators. An illustrative list of relevant Activity performance indicators is provided below:
2.1.a Number of organizations working to combat corruption identified.
2.1.b Number of networks supported.
2.2.a Percent of CSOs with an understanding of how to combat judicial corruption.
2.3.a (DR.4.2-2) Number of civil society organizations (CSOs) receiving USG assistance engaged in advocacy interventions.
2.3.b Number of USG-assisted campaigns and programs to enhance public understanding, and NGO support of judicial independence and accountability.
2.3.c Number of people reached through USG-assisted campaign activities.
4.Geographic Focus
The USAID’s Promoting Rule of Law Activity will prioritize applications from initiatives working in the following provinces within the Democratic Republic of Congo: Kinshasa, Haut-Katanga, and North-Kivu in order to align with other program priorities.
Section II. Award and Eligibility Information
USAID’s Promoting Rule of Law Activity anticipates awarding a minimum of three (3) grant agreements in response to this RFA. Allowable costs must be consistent with USAID policies and procedures and be reasonable, allocable, well documented, and justified for the proposed grant activities and budget.
The following restrictions apply to awards issued under this RFA:
The award will not allow the reimbursement of pre-award costs. That is, only allowable obligations incurred during the period defined within the grant agreement will be reimbursed.
Commercial Fee/Profit is not considered allowable under this RFA.
Nonrefundable VAT is not considered allowable under this RFA.
“Construction” as defined in ADS 303maw is not allowable:
https://www.usaid.gov/sites/default/files/documents/1868/303maw.pdf
The award will not allow the reimbursement of any goods and/or services that utilize telecommunications and video surveillance products from the following companies: Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company, or any subsidiary or affiliate thereof, in compliance with 2 CFR 200.216.
The anticipated start date of the awards is on or around November 1st, 2024, and proposed grant activities should not exceed 12 months. Grant awards are anticipated to range from $25,000 to $100,000 USD depending on scope.
After reading the RFA in its entirety, applicants may submit clarification questions to the USAID’s Promoting Rule of Law Activity Operations & Grants Lead via email at [email protected] before the deadline indicated on the cover page of this RFA. USAID’s Promoting Rule of Law Activity will share clarification responses with all the potential applicants who requested the application format and/or submitted questions in response to this RFA document.
Cost share is not required under this solicitation.
Organizations with and without prior USAID experience are encouraged to apply. The following organizations are eligible for USAID’s Promoting Rule of Law Activity grant funding:
Civil Society Organizations;
Community-based organizations;
Faith-based organizations that comply with ADS 303.3.28, which is in accordance with Executive Order 13279, Equal Protection for the Laws of Faith-based Community Organizations; https://www.govinfo.gov/content/pkg/FR-2002-12-16/pdf/02-31831.pdf
National, regional, and local organizations;
Non-US NGOs;
US NGOs;
Private foundations and universities;
Private enterprises or firms (profit is not allowed under USAID’s Promoting Rule of Law Activity grants).
The following organizations are NOT eligible for USAID’s Promoting Rule of Law Activity grant funding:
Political parties, their subsidiaries, or affiliates;
Any governmental organization as defined in ADS 220[4];
● Organizations that appear with active restrictions on the SAM, OFAC, or U.N. 1267 lists;
● Organizations that promote or engage in illegal or anti-democratic activities;
● Faith-based organizations that are not in compliance with ADS 303.3.28, which is in accordance with Executive Order 13279, Equal Protection for the Laws of Faith-based Community Organizations; and/or whose objectives are discriminatory or religious in nature;
● Organizations that are debarred or suspended from the eligibility to receive funding from the United States Government (USG);
● Any organization not approved by USAID;
Any entity that has been found to have misused USAID funds in the past three years.
An organization that refuses to sign the required certifications;
● Organizations that are not legally registered in the Democratic Republic of Congo.
In addition, all applicants are required to:
Provide an active SAM Registration and a valid UEI number.
If Applicants do not have an active SAM Registration and do not have a UEI number, the USAID’s Promoting Rule of Law Activity Grants Manager can assist organizations with detailed instruction for registering in SAM and obtaining a UEI number.
Submit signed copies of the certifications required of this solicitation.
USAID’s Promoting Rule of Law Activity may not issue awards until these conditions have been met.
All applications submitted to USAID’s Promoting Rule of Law Activity by the Deadline for Submittal of Applications will be reviewed for compliance against the submission and format criteria in Section III of this RFA. Applicants judged compliant will then be scored according to the evaluation criteria outlined in Section IV of this RFA by USAID’s Promoting Rule of Law Activity Grants Evaluation Committee (GEC) within three weeks of the submission deadline. Applications scored at or above the minimum scoring threshold necessary to proceed in cycle will enter pre-award negotiations in the order of highest score to lowest score, subject to the limitation of the number of available awards to be issued in response to this RFA and the availability of USAID’s Promoting Rule of Law Activity grant funding.
Following the submittal of a full application the USAID’s Promoting Rule of Law Activity Operations and Grants Lead will send the applicant an e-mail confirmation of receipt.
Submissions received after the deadline may not be considered or
evaluated by USAID’s Promoting Rule of Law Activity. Tetra Tech DRG JV has the right to accept and review applications after the deadline on a case-by-case basis.
USAID’s Promoting Rule of Law Activity anticipates awarding Standard, Simplified, In-Kind, and Fixed Amount Award grant agreements from this solicitation.
Section III. Question Submission and RFA Workshop
Interested applicants can submit their questions about the RFA to [email protected]
Please begin the subject line of electronic submissions with PROLA-RFA-001, followed by the name of your organization (for example: PROLA-RFA-001-Tetra Tech).
A RFA Workshop will be held on August 6, 2024 to provide interested applicants the opportunity to ask questions about the solicitation and translated copies of US regulations. Minutes and/or presentations from the workshop will be added to the RFA as an addendum for those who are not able to participate.
Interested applicants should email [email protected] to request access to the detailed meeting information that will be shared.
Section IV. Application Format and Submission Information
The following instructions should be read thoroughly to understand the requirements of a full application.
Applications must be submitted electronically to the USAID’s Promoting Rule of Law Activity Operations and Grants Lead at [email protected]. Full application emails will consist of one Microsoft Word or PDF file of the narrative application and annexes, and one Microsoft Excel file of the budget application. Please begin the subject line of electronic submissions with PROLA-RFA-001, followed by the name of the organization (for example: PROLA-RFA-001-Tetra Tech).
The technical narrative application should be submitted using the following suggested format:
Language must be English or French;
Length of no more than 10 single-spaced pages;
Font must be Times New Roman;
Font size must be 11;
Paper size must be A4 (8.27’’ X 11.69’’);
Margins must be 1” on all 4 sides of the page.
The structure of the technical narrative application should follow the sequential order and page limitations outlined in Attachment A of this RFA.
The required attachments to the technical narrative are outlined in Attachment A of this RFA.
Copy of valid DRC registration certificate and related documentation
Copy of the organization's charter and by-laws (if first time applicant)
Copy of last annual financial report, income/losses report approved by licensed audit firm, if available
Signed copies of the required certification package
Unsuccessful applicants will be notified, in writing, within ten (10) business days following the
completion of the GEC scoring process that their application was “Declined to fund.”
Grant agreement technical progress and financial reporting requirements will be established during pre- award negotiations.
Environmental and Climate Risk Management Concerns: All grants issued under USAID’s Promoting Rule of Law Activity will be subject to the USAID requirements for environmental soundness and compliance as required by 22 CFR216 and the USAID requirements for Climate Risk Management in ADS201mal. An Environmental Review and Climate Risk Management Screening will be conducted by USAID’s Promoting Rule of Law Activity with input from the successful applicant to determine if activities will have an adverse environmental impact or climate risk, and if proposed mitigation and monitoring measures will sufficiently minimize the impact. When submitting Full Application, applicants should address any potential impacts and the mitigation and the monitoring measures that will be put in place.
Gender and Vulnerable Peoples: The activities of grant applicants should illustratively demonstrate that:
• Women's organizations, youth organizations, and other marginalized groups are involved in activities and initiatives aimed at promoting a more transparent, honest, and efficient judicial system, where corruption is minimized, and public trust is restored. They may be engaged in corruption awareness campaigns, training for female judicial staff, training for women lawyers, monitoring corrupt practices, workshops and exchanges of ideas and actions against corruption applying gender and social inclusion approaches and tools, etc.
• Women, youth, and other vulnerable groups are included quantitatively and qualitatively in the proposed activities. This can be demonstrated through specific training programs for these groups, adaptation measures, or targeted actions to reduce inequalities.
• The design of capacity-building tools and training materials take into account the specific needs and strategic interests of women, youth, and vulnerable groups, ensuring that documents are written in understandable language and accessible to individuals with specific needs, highlighting their achievements, integrating gender and inclusion sensitivity into training, or proposing specific training on corruption prevention for women officials in the judicial system. The proposed gender and social inclusion strategy is practical and effective, outlining measures or indicators (both qualitative and quantitative) for considering gender and social inclusion, as well as a budget of at least 10% allocated to gender and social inclusion activities.
Considerations regarding conflict sensitivity: The applicant can demonstrate how they will systematically apply a conflict-sensitive approach in combating corruption within the judicial system. This implies:
• A good understanding of the context and a solid knowledge of the interests and motivations of key actors involved in the judicial system and an understanding of how these dynamics influence corruption.
• A thorough identification of risks and opportunities related to combating corruption.
• An ability to adapt intervention to minimize harm and avoid inadvertently exacerbating social tensions.
Successful applicants who are awarded a grant agreement must comply with the terms and conditions of the activity marking plan of the USAID’s Promoting Rule of Law Promotion Activity, which includes the requirement for beneficiaries to co-brand all projects, activities, public communications, and deliverables with USAID. Co-branding involves placing USAID's identity alongside the grantee's logo and ensuring equal or greater size and prominence.
In addition, applicants are reminded of the following United States Government requirements:
PREVENTING TERRORIST FINANCING (August 2013)
The recipient must not engage in transactions with, or provide resources or support to, individuals and organizations associated with terrorism including those individuals or entities that appear on the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Treasury (online at: http://www.treasury.gov/resource-center/sanctions/SDNList/Pages/default....) or the United Nations Security designation list (online at: http://www.un.org/sc/committees/1267/aq_sanctions_list.shtml).
This provision must be included in all subawards, and contracts issued under this award.
USAID DISABILITY POLICY - ASSISTANCE (June 2012)
The recipient must not discriminate against people with disabilities in the implementation of USAID funded programs and should demonstrate a comprehensive and consistent approach for including men, women, and children with disabilities.
TRAFFICKING IN PERSONS (JULY 2015)
The recipient, sub awardee, or contractor, at any tier, or their employees, labor recruiters, brokers or other agents, must not engage in:
Trafficking in persons (as defined in the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention against Transnational Organized Crime) during the period of this award;
Procurement of a commercial sex act during the period of this award;
Use of forced labor in the performance of this award,
Acts that directly support or advance trafficking in persons, including the following acts:
Destroying, concealing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents;
Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the
employee was recruited upon the end of employment if requested by the employee, unless:
exempted from the requirement to provide or pay for such return transportation by USAID under this award; or
the employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action;
Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment;
Charging employees recruitment fees; or
Providing or arranging housing that fails to meet the host country housing and safety standards.
In the event of a violation of section (a) of this provision, USAID is authorized to terminate this award, without penalty, and is also authorized to pursue any other remedial actions authorized as stated in section 1704(c) of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239, enacted January 2, 2013).
If the estimated value of services required to be performed under the award outside the United States exceeds $500,000, the recipient must submit to the Promoting Rule of Law Activity, the annual “Certification regarding Trafficking in Persons, Implementing Title XVII of the National Defense Authorization Act for Fiscal Year 2013” as required prior to this award, and must implement a compliance plan to prevent the activities described above in section (a) of this provision. The recipient must provide a copy of the compliance plan to Promoting Rule of Law Activity upon request and must post the useful and relevant contents of the plan or related materials on its website (if one is maintained) and at the workplace.
CONFLICT OF INTEREST PRE-AWARD TERM (August 2018)
Personal Conflict of Interest
An actual or appearance of a conflict of interest exists when an applicant organization or an employee of the organization has a relationship with a Promoting Rule of Law Activity official involved in the competitive award decision-making process that could affect that Promoting Rule of Law Activity official’s impartiality. The term “conflict of interest” includes situations in which financial or other personal considerations may compromise, or have the appearance of compromising, the obligations and duties of a Promoting Rule of Law Activity employee or recipient employee.
The applicant must provide conflict of interest disclosures when it submits a concept paper or application. Should the applicant discover a previously undisclosed conflict of interest after submitting the application, the applicant must disclose the conflict of interest to the PROLA Grants Manager no later than ten (10) calendar days following discovery.
Organizational Conflict of Interest
The applicant must notify the Promoting Rule of Law Activity (PROLA) of any actual or potential conflict of interest that they are aware of that may provide the applicant with an unfair competitive advantage in competing for this financial assistance award. Examples of an unfair competitive advantage include but are not limited to situations in which an applicant or the applicant’s employee gained access to non-public information regarding a federal assistance funding opportunity, or an applicant or applicant’s employee was
substantially involved in the preparation of a federal assistance funding opportunity. USAID/PROLA will promptly take appropriate action upon receiving any such notification from the applicant.
(END OF PROVISIONS)
Section IV. Pre-Screening and Scoring Evaluation Criteria
Pre-Screening:
Following the closing date and time, the Activity Grants Manager will open all application emails and conduct an initial pre-screening to determine which grants will move forward. A “NO” to any of the below screening questions will result in a disqualification.
Is the organization a legally registered entity?
Is the organization eligible for funding per requirements of this solicitation?
Has the applicant been searched in the SAM, OFAC, and UN 1267 and not been found with any negative findings?
Did the applicant submit a technical proposal with the required format and attachments?
Does the proposed budget exceed $100,000?
Selection Criteria
Those applications that pass the initial pre-screening will be passed along to the GEC. The following criteria will be used by USAID’s Promoting Rule of Law Activity to evaluate and score applications – the number to the right indicates relative importance. The GEC, consisting of at least three people, will formally score and rank all proposals independently and uniformly in writing, using an Application Evaluation Form. Applications selected to proceed in cycle will enter pre-award negotiations in the order of highest score to lowest score, subject to the limitation of the number of available awards to be issued in response to this RFA and the availability of USAID’s Promoting Rule of Law Activity grant funding.
Rankings will be based on the criteria and points, based on 100 as the maximum points allowed, as follows:
1.Strategic fit: 20 points
Contribution toward USAID’s Promoting Rule of Law Activity objectives and
performance indicators
Sustainability of results, beyond the life of grant/life of USAID’s Promoting Rule of Law
Activity
Potential for learning and scaling of results
2.Technical approach: 40 points
Clearly defined problem statement
Clearly outlined goals
Sound technical approach that demonstrates a clear theory of change and demonstrated link between market systems and conservation/natural resource management objectives
Potential obstacles identified and solutions provided
Clearly articulates how proposed interventions will integrate social equity, including gender and vulnerable peoples, and strengthen outcomes for these groups
Clearly articulates a mechanism for monitoring progress or impacts
3.Organizational capabilities: 20 points
Past performance on similar projects of similar scope and scale
Relevance of staff skills to the proposed program (including staff expertise in market systems, gender and youth integration, as required by the technical approach)
Documented technical, managerial, financial, and geographic experience
Overall institutional capacity to implement the proposed project
4.Environmental Compliance and Climate Risk Management: 10 points
Potential environmental impacts and climate risks identified
Proposed mitigation and management of environmental impacts and climate risks
Cost allowability, allocability and reasonableness: 10 points
Is the proposed budget reasonable and cost-effective?
Does the application minimize headquarters’ costs for managing the project to maximize the funds available for field-based activities?
Does the application have a high percentage of cost share funds?
Are there other leveraged funds or submitted funding proposals that could complement program activities?
Section V. Award Administration Information
If your application is selected to “proceed in cycle,” USAID’s Promoting Rule of Law Activity will send
additional information and schedule the following tasks:
Pre-award responsibility determination – to assess the organization’s capacity to adequately perform the grant activities in accordance with USAID requirements.
Cost analysis and negotiation – to determine that all costs are deemed reasonable, allowable and allocable.
Technical negotiations – to finalize the project description that will be submitted to USAID for approval.
Reporting requirements – depending on the type of grant, the Promoting Rule of Law Activity will discuss the reporting requirements with your organization ahead of time.
In addition, grantees must comply with the following USAID provisions:
Development Experience Clearinghouse (DEC): Grant recipients will be required to comply with DEC submittal requirements with guidance and assistance provided by the Promoting Rule of Law Activity. For additional information please refer to the applicable Mandatory Standard Provision entitled Submission to the Development Experience Clearinghouse and Data Rights.
Development Data Library (DDL): Grant recipients will be required to comply with DDL submittal requirements with guidance and assistance provided by the Promoting Rule of Law Activity. For additional information please refer to the applicable Mandatory Standard Provision entitled Submission of Datasets to the Development Data Library.
All grants will be administered in accordance with the following applicable regulations:
ADS 303 and Standard Provisions for U.S. organizations, non-U.S. nongovernmental organizations, or Fixed Amount Awards, as applicable
2 CFR 200 and 700
Applicable OMB Circulars
If your application is unsuccessful, you will be notified in writing by the Promoting Rule of Law Activity.
Section VI. Attachments
Attachment A : Application Format (with guidance) Attachment B : Budget Format with budget note guidance Attachment C : Certifications
Attachment D : SAM Registration and UEI User Guide Attachment E : Implementation plan
[1] https://www.transparency.org/en/countries/democratic-republic-of-the-congo
[2] U4, “Overview of corruption and anti-corruption in the Democratic Republic of Congo”, 5 juin 2020, p. 3, accessible sur Transparency International Knowledge Hub | Knowledge Hub (dernier accès le 24 juillet 2023).
[3] Ibid, p.5.
[4]An office, organization or body at any level of a public administration system (ministry, department, agency, service, district or municipality) of a bilateral foreign assistance recipient country that implements activities financed by or jointly programmed as a result of funds disbursed by USAID directly to the partner government public financial management system” (ADS 220).
