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Democracy, Human Rights, and Labor: Bureau of Democracy, Human Rights and Labor Request for Statements of Interest: Programs to Support Legal Reform in Vietnam

Department of State Public Notice

Bureau of Democracy, Human Rights and Labor Request for Statements of Interest: Programs to Support Legal Reform in Vietnam

I. Requested Proposal Program Objectives

The Bureau of Democracy, Human Rights, and Labor (DRL) announces a Request for Statements of Interest (RSOI) from organizations interested in submitting Statements of Interest (SOI) for projects that support the bureau’s policy priority of legal reform to promote and adopt less restrictive laws, policies and regulations, including amending laws and regulations that limit freedoms of speech, association, and access to justice.

PLEASE NOTE: DRL strongly encourages applicants to access immediately www.grantsolutions.gov or www.grants.gov in order to obtain a username and password. GrantSolutions.gov is highly recommended for all submissions and is DRLs preferred choice of receiving applications. To register with GrantSolutions.gov for the first time, click “Login to GrantSolutions” and follow the “First Time Users” link to the “New Organization Registration Page.” On the next page, click on “Continue the GrantSolutions registration process without a DUNS number” if you do not have a DUNS number and sam.gov registration. Otherwise, select the option that best fits. For more information, please see DRL’s Proposal Submission Instructions (PSI) for Statements of Interest, as updated in July 2015, available at: http://www.state.gov/j/drl/p/c12302.htm.

The submission of a SOI is the first step in a two-part process. Prospective applicants must first submit a SOI, which are concise, 3-page concept notes designed to clearly communicate a project idea and objectives without requiring development of a complete application. Upon review of eligible SOIs, selected prospective applicants will be invited to expand their ideas into an application. The intention of requesting SOIs first is to provide prospective applicants the time to develop new and innovative ideas.

DRL invites organizations to submit SOIs for programs which promote reform of laws and implementing regulations so people can access political freedoms and civil rights guaranteed by Vietnam’s Constitution and its international treaty commitments such as rights of expression, association, assembly, and movement. Programs could also call attention to the laws, regulations, and practices of government authorities which violate these rights. DRL seeks to support civil society and legal professional organizations in Vietnam to effectively advocate for legal and policy reforms, increase civil society capacity to assist with legal reform, and increase awareness of – and respect for – citizens’ rights.

DRL’s goal is to support legal and policy reform, including support to legal professionals to promote implementation of human rights and freedoms delineated in Vietnam’s Constitution and international treaty commitments, and concomitantly, to remove laws, regulations, policies, and provisions that do not implement these rights and freedoms or that permit or facilitate impunity. Program approach should include strategies for reform of national security decrees and provisions in Vietnam’s legal code; reducing registration requirements and restrictions on NGO activities contained in pending legislation and current regulations; development of independent mechanisms to hold government officials accountable for actions that violate freedoms and rights; accountability for criminal proceedings and assisting Vietnam’s adherence to its new obligations under the Convention Against Torture (CAT); and reform of policies, laws, and regulations that restrict the freedoms of religious and ethnic minorities.

Illustrative activities could include:

  1. Provide legal aid to individuals experiencing restrictions related to exercise of freedoms of expression, association, assembly, or movement;
  2. Conduct research and establish case files that could lead to strategic litigation related to exercise of freedoms of expression, association, assembly, or movement, and publicize those cases via appropriate media channels;
  3. Provide sub-grants to domestic actors to effectively advocate for political freedoms, organize communities on issues of concern, advocate to government entities on legal reform, and monitor government actions for compliance with freedoms guaranteed in Vietnam’s Constitution and international treaty commitments; advocacy could also include the laws, implementing regulations, and government and security policies which fall short of protecting civil and political rights;
  4. Raise awareness among elites and youth about civil and political rights guaranteed in Vietnam’s Constitution and international treaty commitments, and increase awareness of where the laws, regulations, and policies fall short of the freedoms guaranteed in Vietnam’s Constitution and international treaty commitments.

DRL prefers to fund the activities of local civil society organizations to advocate for, and as appropriate, to help them partner with government interlocutors on, deeper reform. Funding can support targeted capacity building if it helps civil society actors undertake program activities. DRL seeks projects that recognize the contributions of unregistered organizations and networks to promote reform inside Vietnam. Ideal program design would sensitively include a broad range of civil society organizations that seek legal and policy reforms to expand access to human rights, and/or establish mechanisms to hold the Vietnamese government accountable to its citizens. Program design could include lawyers and bar associations, non-governmental and community-based organizations which focus on advocating for civil, political, religious, and ethnic minority rights, human rights organizations, think tanks, and academic organizations, business associations, and media advocacy groups. DRL funding can support the work of unregistered organizations.

Projects should have the potential to have an immediate impact leading to long-term sustainable reforms, and should have potential for continued funding beyond DRL resources. DRL prefers innovative and creative approaches rather than projects that simply duplicate or add to efforts by other entities. This does not exclude projects from consideration that clearly build from existing successful projects in a new and innovative way. DRL also strives to ensure its projects advance the rights and uphold the dignity of the most vulnerable or at-risk populations.

II. Eligibility Information:

Organizations submitting SOIs must meet the following criteria:

  • Be a U.S.-based or foreign-based non-profit organization/non‑government organization (NGO), or a public international organization; or
  • Be a private, public, or state institutions of higher education; or
  • Be a for-profit organization or business, although there are restrictions on payment of fees and/or profits under grants and cooperative agreements, including those outlined in 48 CFR 30 (“Cost Accounting Standards Administration”), 48 CFR 31 (“Contract Cost Principles and Procedures”); and
  • Have existing, or the capacity to develop, active partnerships with thematic or in-country partners, entities, and relevant stakeholders including industry and NGOs; and
  • Have demonstrable experience administering successful and preferably similar projects. DRL reserves the right to request additional background information on organizations that do not have previous experience administering federal awards. These applicants may be subject to limited funding on a pilot basis.

Organizations may form consortia and submit a combined SOI. However, one organization should be designated as the lead applicant.

DRL’s preference is to work with non-profit entities; however, there may be occasions when a for-profit entity is best suited. For-profit entities should be aware that its application may be subject to additional review following the panel selection process.

DRL is committed to an anti-discrimination policy in all of its projects and activities. DRL welcomes SOI submissions irrespective of an applicant’s race, ethnicity, color, creed, national origin, gender, sexual orientation, gender identity, disability, or other status. DRL welcomes SOIs from organizations working with the most at risk and vulnerable communities, including women, youth, persons with disabilities, members of ethnic or religious minority groups, and LGBTI persons.

No entity listed on the Excluded Parties List System in the System for Award Management (SAM) is eligible for any assistance or can participate in any activities under an award in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR 1986 Comp., p. 189) and 12689 (3 CFR1989 Comp., p. 235), “Debarment and Suspension.”

Organizations are not required to have a valid Unique Entity Identified (UEI) number, formerly referred to as a DUNS (Data Universal Numbering System) number, and an active SAM.gov registration to apply for this solicitation through GrantSolutions.gov. However, if a SOI is approved, these will need to be obtained before an organization is able to submit a full application.

III. Application Requirements, Deadline, and Technical Eligibility

All SOIs must conform to DRL’s posted Proposal Submission Instructions (PSI) for Statements of Interest, as updated in July 2015, available at http://www.state.gov/j/drl/p/c12302.htm.

Complete SOI submissions must include the following:

1. Completed and signed SF-424 and SF424B, as directed on GrantSolutions.gov or Grants.gov (please refer to DRL’s PSI for SOIs for guidance on completing the SF-424); and,

2. Executive Summary (not to exceed three [3] pages in Microsoft Word) that includes:

a) A table listing:

  1. The target country/countries;
  2. The total amount of funding requested from DRL, total amount of cost-share (if any), and total program amount (DRL funds + cost-share); and,
  3. Program length;

b) A synopsis of the project, including a brief statement on how the project will have a demonstrated impact, engage relevant stakeholders, and it should identify local partners as appropriate;

c) A concise breakdown explicitly identifying the project’s objectives and the activities and expected results that contribute to each objective; and,

d) A brief description of the applicant(s) that demonstrates applicant(s) expertise and capacity to implement the program and manage a U.S. government award.

An organization may submit no more than two SOIs. SOIs that request less than $100,000 or more than $599,400 may be deemed technically ineligible.

Technically eligible SOIs are those which:

1) Arrive electronically via GrantSolutions.gov or Grants.gov by 11:30 p.m. EDT on January 19, 2016 under the announcement title “Bureau of Democracy, Human Rights and Labor Request for Statements of Interest: Programs to Support Legal Reform in Vietnam,” funding opportunity number “DRLA-DRLAQM-16-041”;

2) Are in English;

3) Heed all instructions and do not violate any of the guidelines stated in this solicitation and the PSI for Statements of Interest.

For all SOI documents please ensure:

1) All pages are numbered;

2) All documents are formatted to 8 ½ x 11 paper; and,

3) All documents are single-spaced, 12 point Times New Roman font, with 1-inch margins. Captions and footnotes may be 10-point Times New Roman font. Font sizes in charts and tables can be reformatted to fit within one page width.

Grants.gov and Grantsolutions.gov automatically logs the date and time a submission is made, and the Department of State will use this information to determine whether it has been submitted on time. Late submissions are neither reviewed nor considered unless the DRL point of contact listed in section VI is contacted prior to the deadline and is provided with evidence of system errors caused by www.grants.gov or www.grantsolutions.gov that is outside of the prospective applicants’ control and is the sole reason for a late submission. Prospective applicants should not expect a notification upon DRL receiving their SOI. It is the sole responsibility of the prospective applicant to ensure that all of the material submitted in the SOI submission package is complete, accurate, and current. DRL will not accept SOIs submitted via email, fax, the postal system, or delivery companies or couriers. DRL strongly encourages all prospective applicants to submit SOIs before January 19, 2016 to ensure that the SOI has been received and is complete.

IV. Review and Selection Process

The Department’s Office of Acquisitions Management (AQM) will determine technical eligibility for all SOI submissions. All technically eligible SOIs will then be reviewed against the same four criteria by a DRL Review Panel, which includes quality of project idea, project planning, ability to achieve objectives/institutional capacity, and inclusive programming. Additionally, the Panel will evaluate how the SOI meets the solicitation request, U.S. foreign policy goals, and the priority needs of DRL overall. Panelists review each SOI individually against the evaluation criteria, not against competing SOIs. To ensure all SOIs receive a balanced evaluation, the DRL Review Panel will review the first page of the SOI up to the page limit and no further. DRL encourages organizations to use the given space effectively.

In most cases, the DRL Review Panel includes representatives from DRL and the appropriate Department of State regional bureau, which may request feedback on SOIs from the appropriate U.S. embassies. In some cases, additional panelists may participate, including from other Department of State bureaus or offices, U.S. government departments, agencies, or boards, representatives from partner governments, or representatives from entities that are in a public-private partnership with DRL. Once a SOI is approved, organizations of successful SOIs will be invited to submit an application based on their SOI. Unless directed otherwise by the organization, DRL may also refer SOIs for possible consideration in other U.S. government related funding opportunities. The Grants Officer Representative (GOR) for the eventual award does not vote on the panel. All Panelists must sign non-disclosure agreements and conflict of interest agreements.

The Panel may provide conditions and recommendations on SOIs to enhance the proposed project, which must be addressed by the organization when submitting an application. To ensure effective use of limited DRL funds, conditions or recommendations may include requests to increase, decrease, clarify, and/or justify costs and project activities.

Review Criteria

Quality of Project Idea

SOIs should be responsive to the solicitation, appropriate in the country/regional context, and should exhibit originality, substance, precision, and relevance to DRL’s mission of promoting human rights and democracy. DRL prioritizes innovative and creative approaches rather than projects that simply duplicate or add to efforts by other entities. This does not exclude projects that clearly build off existing successful projects in a new and innovate way from consideration. In countries where similar activities are already taking place, an explanation should be provided as to how new activities will not duplicate or merely add to existing activities and how these efforts will be coordinated.

Project Planning

A strong SOI will include a clear articulation of how the proposed project activities and expected results (both outputs and outcomes) contribute to specific project objectives and the overall project goal. Objectives should be ambitious, yet measurable, results‑focused, and achievable in a reasonable time frame.

Ability to Achieve Objectives/Institutional Capacity

SOIs should address how the project will engage relevant stakeholders and should identify local partners as appropriate. If local partners are identified, prospective applicants should describe the division of labor among the prospective applicant and any local partners. SOIs should demonstrate the organizations’ expertise and previous experience in administering successful projects, preferably similar projects targeting the requested project area or similarly challenging project environments.

Inclusive Programming

DRL strives to ensure its projects advance the rights and uphold the dignity of the most at risk and vulnerable populations, including women, youth, people with disabilities, members of racial and ethnic or religious minority groups, and LGBTI persons. To the extent possible, organizations should identify and address considerations to support these populations in all proposed project activities and objectives. Strong justifications should be provided if unable to incorporate the most at risk and vulnerable populations within proposed project activities and objectives. SOIs that do not include this will not be considered highly competitive in this category.

For additional guidance, please see DRL’s posted Proposal Submission Instructions (PSI) for Statements of Interest, as updated in July 2015, available at http://www.state.gov/j/drl/p/c12302.htm.

V. Additional Information

DRL will not consider SOIs that reflect any type of support for any member, affiliate, or representative of a designated terrorist organization. No entity listed on the Excluded Parties List System in SAM is eligible for any assistance.

Project activities that provide training or other assistance to foreign militaries or paramilitary groups or individuals will not be considered for DRL funding given purpose limitations on funding.

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 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.

Organizations should be aware that DRL understands that some information contained in SOIs may be considered sensitive or proprietary and will make appropriate efforts to protect such information. However, organizations are advised that DRL cannot guarantee that such information will not be disclosed, including pursuant to the Freedom of Information Act (FOIA) or other similar statutes.

Organizations should also be aware that if ultimately selected for an award, the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards set forth in 2 CFR Chapter 200 (Sub-Chapters A through F) shall apply to all non-Federal entities, except for assistance awards to Individuals and Foreign Public Entities. Please note that as of December 26, 2014, 2 CFR 200 (Sub-Chapters A through E) now applies to foreign organizations, and Sub-Chapters A through D shall apply to all for-profit entities. The applicant/recipient of the award and any sub-recipient under the award must comply with all applicable terms and conditions, in addition to the assurance and certifications made part of the Notice of Award. The Department’s Standard Terms and Conditions can be viewed at https://www.statebuy.state.gov/fa/Documents/2015DeptTermsAndConditionsForUSandForeignOrg.pdf.

The information in this solicitation and DRL’s PSI for SOIs, as updated in July 2015, is binding and may not be modified by any DRL representative. Explanatory information provided by DRL that contradicts this language will not be binding. Issuance of the solicitation and negotiation of SOIs or applications does not constitute an award commitment on the part of the U.S. government. DRL reserves the right to reduce, revise, or increase proposal budgets in accordance with the needs of the project evaluation requirements.

This solicitation will appear on www.grants.gov, www.grantsolutions.gov, and DRL’s website http://www.state.gov/j/drl/p/c12302.htm.

Background Information on DRL and general DRL funding

DRL is the foreign policy lead within the U.S. government on promoting democracy and protecting human rights globally. DRL supports projects that uphold democratic principles, support and strengthen democratic institutions, promote human rights, prevent atrocities, combat and prevent violent extremism, and build civil society around the world. DRL typically focuses its work in countries with egregious human rights violations, where democracy and human rights advocates are under pressure, and where governments are undemocratic or in transition.

Additional background information on DRL and its efforts can be found on www.state.gov/j/drl and www.humanrights.gov.

VI. Contact Information

GrantSolutions.gov Help Desk:

For assistance with GrantSolutions.gov accounts and technical issues related to using the system, please contact Customer Support at help@grantsolutions.gov or call 1-866-577-0771 (toll charges for international callers) or 1-202-401-5282. Customer Support is available

8 AM – 6 PM EST, Monday – Friday, except federal holidays.

Grants.gov Helpdesk:

For assistance with Grants.gov accounts and technical issues related to using the system, please call the Contact Center at 1-800-518-4726 or email support@grants.gov. The Contact Center is available 24 hours a day, seven days a week, except federal holidays.

See http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/#url=2014 for a list of federal holidays.

For technical questions related to this solicitation, please contact Brittny Parsells at ParsellsBM@state.gov.

With the exception of technical submission questions, during the solicitation period U.S. Department of State staff in Washington and overseas shall not discuss this competition until the entire review process has been completed and rejection and approval letters have been transmitted.

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