Department of Foreign Affairs and Trade

Competitive Aid Grant Guideline

for

Australia Middle East NGO Cooperation Agreement Program Phase 3 (AMENCA 3)

Palestinian Farmers Connecting to Markets

3 September 2015

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Australia Middle East NGO Cooperation Agreement Phase 3 Program (AMENCA 3): Palestinian Farmers Connecting to Markets

Competitive Aid Grant

Guidelines and Templates

Table of Contents

1. Background…………………………………………………………………..…………...3

2. Operational objectives …………………………………………………………………..4

3. Operational approach ………………………………………………………..….……...5

4. Eligibility criteria………………………………………………………….……………….6

5. Contractual, reporting and acquittal requirements…………………….….……...…..8

6. Selection Criteria………………………………………………………………….…......8

7. Application process and indicative timeline……………………………….………....10

8. Enquiries ……..………………………………………………………………….……...13

Annex schedule

Annex 1 – Proposal Template ………………………………………………….…....…..14

Annex 2 - Draft Funding order …………………………………...……………………...34

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1. Background 1.1 Australia’s aid program 1.1.1 The Australian Government’s development policy Australian aid: promoting prosperity,

reducing poverty, enhancing stability promotes Australia’s national interests by contributing to sustainable economic growth and poverty reduction, focusing on two outcomes: supporting private sector development and strengthening human development. The aid program aims to be innovative and catalytic, leveraging other drivers for development, such as private investment.

1.1.2 The third phase of the Australian Middle East NGO Cooperation Agreement (AMENCA 3) program is aligned with Australia’s aid policy and the ‘Making Performance Count’ framework. It addresses the strategic targets in the Australian aid policy, regarding poverty, agriculture, empowering women and girls, effective partnerships and the private sector. It is informed by DFAT’s strategy for Aid Investments in Agriculture, Fisheries and Water and is consistent with DFAT’s Aid Delivery Strategy for the Palestinian Territories (PTs).

1.2 Australian aid to the Palestinian Territories1.2.1 Australia is a long-standing supporter of a negotiated, two-state solution to the Israel-

Palestinian issue, and has provided over $285 million in development and humanitarian assistance to the PTs since 2010-11. Australian aid is helping to build the capacity of Palestinians and their institutions to take on the responsibilities of an independent state, while also taking action to enable economic growth and reduce poverty.

1.3 The Australian Middle East NGO Cooperation Agreement (‘AMENCA’) program1.3.1 AMENCA is an Australian aid program initiated in 2005 in the PTs. The current six-

year, $39 million second phase (AMENCA 2) started in 2009 and ends in August 2015. The program has been a key component of Australia’s bilateral aid to the PTs and the vehicle for a decade of collaboration between Australian and Palestinian civil society partners.

1.3.2 DFAT now plans to implement a third phase of the program – ‘AMENCA 3: Palestinian Farmers Connecting to Markets’. It will run for up to five years from 2015-2020 but will spread across six financial years to 2020-21. The program will be implemented with a budget of $40 million. It will support the Palestinian Authority’s efforts to make agriculture a driver of economic growth and a tool for strengthening community fabric.

1.3.3 AMENCA 3 will build on the achievements of AMENCA 2 and include a stronger focus on economic growth. It will improve the competitiveness of Palestinian farmers, helping them connect to markets by improving market readiness and addressing gaps and blockages in agricultural value chains. It will focus on increasing the incomes of small farming communities and empowering women and youth in those communities, by continuing AMENCA 2’s ‘direct’ approach of supporting communities while also facilitating, through indirect approaches, opportunities along different points of agricultural value chains.

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1.3.4 Proposals will be sought on a ‘three year plus two’, basis, whereby an initial three year funding agreement may be extended for a further two years at DFAT’s discretion, subject to budget outcomes and the outcome of an independent review.

1.3.5 These Guidelines explain the Competitive Grant process to select grantees to implement AMENCA 3.

1.3.6 AMENCA 3’s Investment Design Framework is available on the ‘Current Business Notifications’ section of DFAT’s website.

2. Operational objectives2.1 The goal of AMENCA 3 is ‘Palestinian farmers connecting to markets’. The purpose is:

‘Farming communities participating more effectively in markets’. AMENCA 3 will: lead to increased incomes of at least 50,000 farmers (15,000 women/5,000 youth) generate $130 million of additional agricultural production

2.2 AMENCA 3 is based around three outcomes. Australian NGO-led consortia will implement AMENCA 3 and ANGOs will undertake activities that contribute to all three outcomes. They will work cooperatively with the other consortia and the technical advisors employed by DFAT.

2.3 Outcome 1: Women and men more market ready 2.3.1 Outcome 1 will assist farmers to increase the quantity, quality and reliability of

production so they are more ‘market ready’. Results will include: 50kms of rural, feeder roads rehabilitated, constructed or maintained 20,000 farmers have access to improved water management systems 15,000 farmers adopt new agricultural practices

2.4 Outcome 2: Women and men engage more sustainably and profitably in value chains2.4.1 Outcome 2 will focus on the ‘demand’ side by establishing commercially viable business

models through which farmers can sell their produce. Under this Outcome, AMENCA 3 will collaborate with agribusiness and service providers (inputs, research, technology, training) to address blockages in value chains. Results will include: $20 million of private sector investment leveraged $100 million of additional domestic sales facilitated $30 million of additional exports facilitated, including new exports At least three agricultural value chains functioning better as a result of AMENCA 3.

2.5 Outcome 3: Women and youth more economically empowered 2.5.1 Outcome 3 will ensure that the participation of women and youth in Outcomes 1 and 2

translate not only into increased income but also increased agency for women and youth at the household and community levels.

2.5.2 Under Outcome 3, AMENCA 3 will achieve the following results: 70% of value chains developed include new opportunities for women and youth 10,000 women & 3000 youth able to report examples of economic empowerment 5000 women & 1000 youth active in managing businesses or boards of CBOs

3. Operational approach4

3.1 AMENCA 3 will be implemented by up to four Australian NGO-led consortia (ANGOs). These consortia will work with a variety of stakeholders, including Palestinian NGOs, farmers’ unions and cooperatives, academic institutions, commercial providers, the Palestinian Ministry of Agriculture and FAO.

3.2 DFAT will separately engage a small team of international advisers with expertise in private sector engagement; monitoring and evaluation; agriculture and gender and youth, who will assist DFAT and the consortia align individual proposal approaches and activities to the whole-of-program objectives, identify opportunities for synergies and collaboration, and provide reviews and technical guidance during delivery.

3.3 It will be important that the consortia implementing AMENCA 3 share learning and work through joint approaches. To facilitate this, following the completion of the Competitive Aid Grant Guideline evaluation process, a ‘Synergies and Collaboration’ workshop will be convened in the PTs in November 2015. This workshop will be to synchronise individual proposals into a cohesive program, with strategic alignment across activities, implementation approaches and work plans.

3.4 Those ANGOs provisionally selected to implement AMENCA 3 will be reimbursed for the costs of one Australian or international representative to attend the workshop and undertake subsequent revisions to its proposal to reflect workshop outcomes. DFAT will cover return economy class travel to the PTs and accommodation and per diems at DFAT rates for a maximum of two weeks.

3.5 The revised proposal must be submitted to DFAT within one month of the start of the workshop. If DFAT accepts the ANGOs’ revised proposals it will negotiate contracts for three years with each consortia with a possible two year extension to 2020-21. DFAT reserves the right to not provide further funding if the ANGO is unable to commit at the workshop to collaborative approaches and/or the revised proposal is unsatisfactory to DFAT.

3.6 ANGOs selected to implement AMENCA 3 will be required to provide a detailed work plan for the first 12 month period within 1 month of AMENCA 3 commencement in February 2016. DFAT will discuss every annual work plan with the ANGO and will release annual tranche payments after it has accepted the work plan.

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4. Eligibility criteria

4.1 Organisation eligibility4.1.1 Fully accredited Australian NGO Cooperation Program (ANCP) ANGOs are eligible to

apply for the grant funding through AMENCA 3. ANGOs must: be a signatory to the ACFID Code of Conduct be willing to partner in delivery with Palestinian NGO(s) and other entities demonstrate effective implementation of development activities in the Palestinian

Territories or comparable environment (preferably in the Middle East) in the past five years, in an area of relevance to this design (e.g. agricultural value chain development, private sector engagement, women’s economic empowerment)

4.1.2 AMENCA 3 will be implemented in both the West Bank and the Gaza Strip. The security situation in Gaza particularly is volatile and dangerous. ANGOs are responsible for implementing appropriate security arrangements for staff participating in any work in Gaza and the West Bank and should show they can put such arrangements in place.

4.1.3 Provisionally selected ANGOs must be able to participate in the November 2015 workshop and commence implementation in February 2016 or a date agreed with DFAT after signing of the Agreement. All organisations that are part of a provisionally selected consortium are encouraged to attend the workshop.

4.2 Consortia 4.2.1 Eligible consortia will include a lead ANGO partnering with at least one Palestinian NGO

as well as other entities such as community based organisations, academic institutions, agriculture research agencies, cooperatives, and other farmer associations and agribusinesses. Palestinian NGOs must be registered with the Palestinian Ministry of the Interior.

4.2.2 Proposals must be accompanied by a letter from each consortium partner that provides organisation information, details of their relationship with the ANGO and other partner organisation(s), and expresses intent to participate in the program.

4.2.3 Organisations participating in proposal submissions must not have any reason preventing them from operating in the PTs and must disclose any actual or perceived conflict of interest. DFAT will manage any perception of conflict of interest with regard to AMENCA 3 funding, and additional program funding on a case by case basis.

4.2.4 ANGOs can only be the lead organisation in one consortium. Palestinian and international organisations can choose to be involved in multiple submissions, but must acknowledge in writing their capacity to undertake all of the activities detailed in a given proposal irrespective of any decision on any other proposal.

4.2.5 DFAT reserves the right to reassess any proposal if the membership of a provisionally selected consortium proposal changes following submission, including the withdrawal of consortium member(s).

4.2.6 Organisations seeking DFAT grant funding must have regard to and comply with, relevant and applicable laws, guidelines, regulations and policies, including those in

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Australia and in the PTs, including being aware of the Commonwealth Grant Guidelines (CGGs).

4.3 Proposal eligibility4.3.1 Proposals must be submitted using the template at Annex 1, which provides for a full,

budgeted proposal of a maximum of 22 pages plus annexes, for a competitive aid grant to implement AMENCA 3.

4.3.2 Proposals will be sought on a ‘three year plus two’ basis, whereby an initial three year funding agreement with the implementing partner may be extended for a further two years depending on DFAT budget outcomes and the outcomes of an independent, mid-term review. Proposals must provide project details and costing for the three year period (including attendance and approach to the initial workshop with consortium and fellow ANGOs provisionally selected to deliver AMENCA 3), plus options for a potential two year extension.

4.3.3 Proposals must detail how the consortia would implement the three AMENCA 3 Outcomes, as per the AMENCA 3 Design Framework on DFAT’s website, including: detailed approach to implementation and achievement of outcomes; how they would work with AMENCA 3 stakeholders at all levels, including the

Ministry of Agriculture, AMENCA 3 management and advisory groups (such as the Program Steering Committee and Technical and Program Advisory Group), other donors, Advisers and the DFAT Ramallah Post

how lead ANGOs would facilitate consensus, synergies and collaboration amongst partners and within AMENCA 3;

how they would ensure compliance with DFAT requirements including due diligence, fraud control, counter-terrorism, risk management, transparency, accountability and child protection.

Provide details, including 2 page resumes, for all key personnel

4.3.4 Proposals must include a detailed budget including salaries and costs for staff in the PTs as well as other costs e.g. office costs, equipment related to community assistance activities, training, commercial arrangements with private sector entities, travel and security costs and allowances for staff and consortium partners.

4.3.5 Proposals should be prepared on a notional budget of one quarter of NGO-allocated program funds, i.e. not exceeding A$5,125,000 over three years (but spread across four financial years), with flexibility to shift funds between years subject to DFAT agreement. The provisional budget for Years Four and Five should not exceed A$2,975,000. Final funding allocations will be determined at the discretion of DFAT after the workshop, and will not necessarily be distributed equally amongst ANGOs.

4.3.6 Proposals must be lodged in accordance with procedures set out in Section 7.5.

4.4 Ineligible activities and ineligible costs 4.4.1 Proposals will not be accepted that seek funding for, or include:

activities that may be considered reasonably to be contrary to the interests of the Commonwealth of Australia;

unreasonable project management or travel costs;

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recurrent costs, unless there is a convincing plan to ensure the recipients will be able to take over those recurrent costs within the life of AMENCA 3;or

activities or costs already committed to or completed.

5. Contractual, reporting and acquittal requirements

5.1 The lead ANGO will be accountable for all funds. Grant Agreements/Funding Orders will be signed with the lead ANGO. If an ANGO already has a Head Agreement with DFAT, a Funding Order based on the draft underneath that Head Agreement may be used. If the organisation does not have a Head Agreement, then a standard Grant Agreement will be used (Attachment 2).

5.2 The lead ANGO is responsible to DFAT for the performance of the consortium in achieving the objectives of AMENCA 3. Should two or more eligible ANGOs wish to enter a consortium together, one partner must be nominated as a lead organisation.

5.3 Reporting requirements include i) Inception Report after three months of implementation; ii) Annual Work Plan for the following twelve months with budget; iii) Six Monthly Progress Report; iv) Annual Progress Report and financial acquittals; iv) Annual Counter-Terrorism Risk Management Report; v) Exception Reports as required.

5.4 DFAT will release annual tranche payments on acceptance of annual work plans and budget.

6. Selection Criteria

6.1 The Evaluation Committee will assess proposals against the Selection Criteria set out below. Assessments will include a consideration of technical strength, including risk management, and price assessment of the proposal. These will inform a Value for Money recommendation made to the DFAT delegate for consideration.

6.2

Selection CriteriaA: Organisational Effectiveness

Weighting: 25%

1 Past performance operating in the Palestinian Territories or a comparable environment, preferably in the Middle East

Applicant’s mission and objectives are consistent with proposal goals.

Established relevant partnerships/relationships in the Palestinian Territories or a comparable environment, preferably in the Middle East.

Demonstrated experience managing a program of similar scope and size with successful development results in the Palestinian Territories or a comparable high risk environment, preferably in the Middle East, in the last five years.

Demonstrated results implementing programs oriented to rural development, private sector engagement, value chain development, and women’s economic empowerment.

2 Results and accountability including strength of approach to financial management and risk management

Applicant has robust monitoring and evaluation systems and demonstrated capacity for evidenced based analysis and reporting (in-country as well as in Australia)

Applicant has robust systems for effective and efficient financial management of

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the program (in-country and in Australia), including fiduciary and anti-fraud measures, and systems to prevent diversion of Australian aid funds to entities or individuals associated with terrorism.

Proposal provides a thorough risk assessment and treatment plan, including impact of conflict and instability on staff security and development results. Assessment rates risks against achievement of key outcomes and identifies responsibilities for implementing risk treatments.

B: Key Personnel Weighting 10%

3Proposed members of the ANGO-led consortium; names, resumes and qualifications of all personnel in management positions in all partners

Consortia composition reflects necessary diversity, expertise and capacity to successfully implement proposed projects.

Roles, responsibilities and consortia working arrangements and management are detailed, noting any prior experience of collaboration between consortia members.

Applicant has the organisational and personnel capacity (management and technical) to implement their proposal, including an appropriately qualified and experienced Program Director.

Referee checks of key proposed personnel confirm strong qualification for the role.

C: Joint learning, synergies and collaboration

Weighting 15%

4 Consortia commitment to cross-program learning and collaboration

Proposal provides examples of successful partnerships with private sector, agricultural and government entities in the Palestinian Territories or a comparable environment, preferably in the Middle East, in the last five years.

Partner demonstrates commitment to collaboration, design adaptation, sharing results, good practices and lessons learned.

Applicant demonstrates commitment to transparency, mutual accountability; positive partnerships with stakeholders.

Proposal allocates sufficient resources for learning and collaboration, particularly along agricultural value chains and partnership with the private sector.

D: Project Effectiveness Weighting 40%

5 Development strategy, including strength of approaches to community and market development in agriculture

The proposal is evidence-based and reflects sound technical analysis of the context and stakeholders.

The proposal clearly articulates a theory of change linked to key AMENCA 3 Outcomes, including sustainability considerations.

The proposal has a clear approach to working with agribusiness and service providers to improve agricultural value chains for Palestinian farming communities

The proposal is aligned with relevant policies and strategies of DFAT and the Palestinian Authority.

Community participation is evident in the proposal’s implementation and approaches to monitoring, evaluation and reporting.

6 Evidenced-based approach for improving outcomes for women and youth in agriculture value chains

The proposal has a strong inclusion strategy which prioritises and demonstrates sophisticated approaches to women and youth empowerment.

E: Value for Money Weighting 10%

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7 Consortia allocation of resources represents value for money

Proposal explains consortia approach to resource allocation and delivering Value for Money

Proposed budget is realistic, justified and proportional to the intended work to be undertaken.

Value for money does not represent the lowest cost, but approach by the organisation to allocation of resources for maximum results.

6.3 Safeguards and cross-cutting issues6.3.1 Proposals must include the applicant’s approach to:

‘do no harm’ and protecting women and girls, including people with disabilities, minimising fiduciary risk and complying with anti-terrorism legislation

All organisations (including all partners in a consortium) must comply with DFAT’s Child Protection Policy.

7. Application process and indicative timeline

7.1 A competitive selection of ANGOs will be made on the basis of a value for money assessment of the proposals, including an assessment of technical strength against selection criteria, and a price assessment.

7.2 Proposals will be assessed against technical criteria listed in Section 5, including ANGO organisational capacity; relevant experience; consortia composition; risk management and due diligence procedures; value for money; and contribution to overall AMENCA 3 program outcomes. Priority will be placed on ANGOs that assemble a relevant mix of skills, experience and expertise capable of contributing to the goal and objectives of the AMENCA 3 program.

7.3 The indicative timeline for this competitive grants process is summarised below:

Event Time / Date

Call for proposals via DFAT Website Thursday 3 September 2015

Registration to attend Applicant Briefings Thursday 10 September 2015

Applicant Briefing – Canberra Tuesday 15 September 2015

Proposal submission deadline 12:00pm Canberra time (AEST)

Friday 9 October 2015

DFAT conformance check Monday 12 - Tuesday 13 October 2015

Evaluation Committee sits (proposal review and interview of shortlisted candidates)

Monday 19 – Wednesday 21 October 2015

DFAT informs provisionally selected ANGOs 29 October 2015

Provision of Funding Orders for Workshop participation/proposal revision to provisionally

Week of 26 October 2015

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successful ANGOs

In-country ‘Synergies and Collaboration’ workshop to align ANGOs proposal, geographic targeting, baseline methodologies and monitoring and evaluation

Last week November 2015

Resubmission of proposals December 2015

Negotiation of 3 year contract January 2015

Mobilisation of AMENCA 3 and program implementation commenced in-country

February 2016

7.4 Applicant briefings 7.4.1 DFAT will hold one applicant briefing for potential respondents:

ANGOs AMENCA 3 Applicant Briefing:10:00 – 14:00, Tuesday 15 September 2015, 255 London Circuit Canberra

(Lunch provided 12:30 – 13:00)

7.4.2 The briefing will be an opportunity for interested organisations to learn about DFAT’s PTs’ program, and policies in regard to: agriculture and food security; working with civil society and the private sector; safeguards; and contracting. They may also ask questions on DFAT’s expectations of AMENCA 3, the framework design, and the submission process.

7.4.3 All questions, answers, and presentations from the briefings will be published on the DFAT website, so that any organisation unable to attend has equal access to information.

7.4.4 DFAT reserves the right to cancel the briefing if less than three organisations register to attend that session.

7.4.5 Organisations planning to attend applicant briefing must RSVP to AMENCA3@dfat.gov.au by Thursday 10 September 2015.

7.5 Deadline for proposal submission7.5.1 The deadline for proposal submission is 12:00pm AEST, Friday 9 October 2015.

Late submissions will not be accepted or assessed by DFAT.

7.6 Conformance check 7.6.1 Proposals received by the deadline will be checked for conformance, ensuring the lead

ANGO, consortium and proposal meet criteria detailed in Section 6. At DFAT’s sole discretion, those proposals deemed non-conforming will be excluded, and those applicants will be advised by DFAT.

7.7 Shortlisting process 7.7.1 Conforming proposals will be assessed by an Evaluation Committee (EC) comprising at

least two DFAT representatives, an independent evaluation consultant and a representative from the Palestinian Authority’s Ministry of Agriculture.

7.7.2 The EC will assess proposals against the Selection Criteria and shortlist a number of proposals to proceed to the final assessment stage.

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7.7.3 In making its assessment of a proposal, the EC may have regard to other factors relevant to the suitability, capacity and qualifications of an applicant organisation including but not limited to:

Verifying information and claims with nominated referees and other legitimate sources, relevant to the capacity of persons or organisations nominated in the proposal, and quality and resourcing of previous work. Such information may be the result of inquiries made by DFAT.

Previous performance information held by DFAT may be provided to EC members where it is considered relevant.

7.7.4 Panel members may not introduce irrelevant issues or hearsay into the assessment or base their assessment on information that is hearsay and cannot be substantiated

7.8 Interview and selection

7.8.1 As part of the assessment process, DFAT may invite shortlisted applicants to be interviewed, with interviews being held either in person in Canberra or by telephone, at DFAT’s discretion. The number of conforming proposals to be invited to participate in an EC interview is at the discretion of the EC.

7.8.2 Applicants should be available for interview on 20 - 21 October 2015.

7.8.3 The named AMENCA 3 Program Director, an ANGO representative and one additional personnel in the proposal may attend the EC interview.

7.8.4 Technical scores awarded during the shortlisting process may be adjusted as a consequence of any interview and consideration of past performance. This will be done at the EC’s sole discretion.

7.8.5 The EC will assess shortlisted proposals on technical strength and a price assessment, and then provide a value for money recommendation to the DFAT delegate to approve up to four proposals.

7.8.6 The EC is conducted on a confidential basis and applicants must not seek contact with any members of the panel. Any such contact will be considered a breach of confidentiality and may result in DFAT rejecting the proposal of the applicant concerned. EC members must not discuss matters relating to the assessment of any proposal with any external party.

7.8.7 Applicants will be notified of EC outcomes by approximately 29 October 2015. DFAT will then engage provisionally successful applicants in negotiations and planning for the Synergies and Collaboration workshop.

7.8.8 Funding for the three year period is subject to collaboration at the workshop and DFAT’s acceptance of the revised proposal.

7.9 Applicant Debrief

7.9.1 Applicants are entitled to request a written debrief of their proposal assessment results once a Grant Agreement/Funding Order has been signed with the successful applicant(s). This debrief will provide scores achieved against individual criterion and EC comments relating to the proposal of the requesting applicant.

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7.9.2 DFAT will not enter into further communications on the debrief content once it has been issued.

7.10 Complaints7.10.1 This Aid Grant Process will be carried out in line with the principles of the

Commonwealth Grant Guidelines (CGGs), DFAT’s Complaints Handling Procedures Relating to Procurement will apply. http://www.dfat.gov.au/about-us/publications/Pages/complaints-handling-procedures-procurement.aspx

8. Enquiries

8.1 All enquiries regarding this competitive aid grant process are to be directed to the AMENCA 3 Program Manager at AMENCA3@dfat.gov.au not later than Friday 25 September 2015, by 15:00. DFAT will respond to any enquiries no later than Friday 2 October 2015 by 17:00 (one week prior to submission deadline).

8.1.1 All enquiries and replies will be posted on DFAT’s website (without identifying the organisations which submitted the enquiries).

Annex schedule

Annex 1 – Proposal Template (page 14)

Annex 2 - Draft Funding order (page 34)

9.

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Annex 1 Proposal Template

Australia Middle East NGO Cooperation Agreement Phase 3 (AMENCA 3): Palestinian Farmers Connecting to Markets

Proposal template

Instructions for Organisations:

Please read the Australia Middle East NGO Cooperation Agreement Phase 3 (AMENCA 3): Palestinian Farmers Connecting to Markets Competitive Aid Guidelines carefully before filling out this template to ensure your organisation is eligible to apply for funding and the proposal meets DFAT conformance requirements.

Annex 1 Table of Contents

Note to Applicants…………………………………………………………………………15

1. Program details ………………………………………………………………………..16

2. Proposal template ……………………………………………………………………..17

2.1 Applicant details ……………………………………………………………………….17

2.2 Proposal summary ………………………………………………………………….…19

2.3 Response to AMENCA 3 Competitive Aid Guidelines and Design Framework ..20

2.4 Organisation’s Certification …………………………………………………………..24

Annex schedule

Annex 1 – Consortia member documentation …………………………………………………………....27

Annex 2 – Key Personnel CVs ………………………………………………………….............................29

Annex 3 – Theory of Change …………………………………………………………...............................30

Annex 4 - Risk assessment matrix…………………………………………………………........................31

Annex 5 – Budget narrative…………………………………………………………...................................32

Annex 6 – Workshop participation budget …………………………………………………………..........33

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Note to applicants

DFAT is seeking proposals from applicants eligible to apply for grant funding under AMENCA 3.

Please read the AMENCA 3 Competitive Aid Grant Guidelines (Guidelines) and Design Framework carefully before submitting a proposal to ensure you are eligible to apply for funding.

Proposals must be submitted, along with any accompanying documents, subject to requirements set out in AMENCA 3 Guidelines, and the requirements set out in this template.

Delete blue instruction boxes prior to submission.

Applicants may attach a cover letter of up to 2 pages with this proposal

This document supersedes any prior information or advice provided by DFAT in relation to AMENCA 3.

DFAT recommends organisations check the DFAT website regularly for updates and make enquiries to the DFAT AMENCA 3 contact before the enquiry closing time.

All documentation must be submitted in English.

Section 1 specifies important details regarding the closing time, the contact details for AMENCA 3 and how to submit your proposal.

Section 2 is the template format in which applicants are to submit their proposal.

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1. Program details

Key AMENCA 3 Information

Name of Program:Australia Middle East NGO Cooperation Agreement Program Phase Three (AMENCA 3): Competitive Palestinian Farmers Connecting to Markets

Closing Time:

12:00pm Canberra time (AEST) Friday 9 October 2015.

Late submissions will not be accepted.

DFAT Contact Person: AMENCA3@dfat.gov.au

Method of Submission:

Electronically to the following email address:

AMENCA3@dfat.gov.au

Email Subject: “AMENCA 3 Competitive Grants Program Proposal Submission – add NGO Name’

File Format for electronic submission of the Proposal:

Portable Document Format (PDF), with a Microsoft Word version also submitted.

Information briefing details:

DFAT will hold an Applicant Briefing session in Canberra at 10:00 – 14:00 on Tuesday 15 September 2015.

Applicants should RSVP their attendance at AMENCA3@dfat.gov.au by Thursday 10 September 2015

All questions, answers and presentations from the briefings will be published on the DFAT website following the session.

Deadline for questions:

Applicant enquiries regarding AMENCA 3 must be submitted in writing to DFAT at AMENCA3@dfat.gov.au with the final day questions will be accepted being 15:00 AEST Monday 25 September 2015.

Deadline for responses to questions:

DFAT will provide the last response to any enquiries no later than 17:00 Friday 2 October 2015 (7 days prior to the closing time)

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2. Proposal template

1. Applicant details

Organisation name and ABN (if applicable)

Type of Organisation (eg non-government, national institution, company)

Consortia member names

Name of main contact person (including title ie Mr/Mrs/Dr etc)

Physical address (including city, postcode, country)

Work phone number

Mobile phone number

Email address

Has your organisation previously received funding from the Australian Government? If yes, please give details for the past 3 occasions:

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Instructions for 1. Applicant details

Fill out details of the lead ANGO in the body of the proposal document. Please copy and complete this table for all consortia members and include at Annex

1 with other required documentation (i) a 1 page Participation letter that provides brief information about itself, the relationship with other consortium members, notes inclusion in any other AMENCA 3 proposes and commits to participation in the proposal consortia, and ii) signed Organisation Certificate.)

Name of Program;

Funding Period;

Funding Amount;

Agreement Numbers

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2. Proposal Summary

Proposal Title/Program Name

Geographical Location Please be as specific as possible

Development IssuesList all development issues this proposal aims to address

Funding request by Australian financial year

Workshop cost: A$ XXXXXX

FY Budget (A$)

2015-16

2016 -17

2017-18

2018-19

2019-20*

2020-21*

Total funds Year 1 – 3: A$ XXXXXXX

Total funds Year 4 – 5*: A$ XXXXXXX

Total Program Cost (excluding workshop cost)

A$XXXXXX

*Note: Years 4-5 are at DFAT’s sole discretion pending review and budget availability

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3. Response to AMENCA 3 Competitive Aid Guidelines and Design Framework

1. Background [1 x A4 page]

Briefly outline the relevant background/context to the proposed activities. This should include analysis specific to the sector and/or targeted communities (not a holistic discussion of development issues in the Palestinian Territories.)

2. Consortium experience [2 x A4 pages]

Provide a brief introduction on the lead ANGO and their role in this proposal. Outline the ANGOs’ experience working in the in the Palestinian Territories

or a comparable environment, preferably in the Middle East, in the last five years, including delivery of similar aid programs.

Explain how the proposal builds on the lead ANGO’s own experience in the Palestinian Territories or a comparable environment, preferably in the Middle East, including lessons learned.

3. Partnership arrangements [1 x A4 page]

Outline consortia structure and relationships Note any experience and planned approach to engaging with Palestinian

civil society and Ministries/Agencies in the Palestinian National Authority. Additional details on consortium partner organisations may be provided in

Annex 1.

4. Development needs/issues [2 x A4 pages]

Outline the needs that the project will address and how. Provide information on:

how the proposal has been influenced by past lessons in the sector/country/region;

analysis underpinning the programming choices made and program logic to show why the proposal will work in the context. (A Theory of Change diagram may be attached at Annex 3).

knowledge gaps. Identify further analysis needed as part of implementation arrangements.

5. Direct beneficiaries [½ x A4 page]

Outline targeting methodology and numbers of women, men and youth (gender disaggregated) who will directly benefit from this proposal under AMENCA 3.

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Include other relevant information such as vulnerable groups and information on disability within the target group.

6. Projects Description [4 x A4 pages]

Outline the proposed set of projects and how they will contribute to the objectives of AMENCA 3, including geographic location and target beneficiaries for each project.

Applicants should identify how the consortium will work with other implementing partners, agribusiness and service providers to improve agricultural value chains for Palestinian farming communities, and approaches to women and youth empowerment.

The set of projects should include project details and costing (in Section 8 Budget) for the three year period (including attendance and approach to the in-country Synergies and Collaboration workshop [workshop] with consortium and fellow ANGOs provisionally selected to deliver AMENCA 3), plus options for a potential two year extension.

Note that the workshop will be used to align and refine proposals. Funding for the three year period is subject to collaboration at the workshop and DFAT’s acceptance of the revised proposal.

7. Budget [1 x A4 page]

Proposals should be prepared on a notional budget of not more than A$5,125,000 beginning in January/February 2016 (FY2015-16) but spreading across four financial years to December 2018 (FY2018-19) using the below format.

The agreement may be extended for a further two years at DFAT’s sole discretion, and subject to DFAT budget outcomes and the outcome of an independent review. The provisional budget for Years Four and Five should not exceed A$2,975,000.

A budget narrative of up to 2 x A4 pages may be included at Annex 5.

Applicants should submit a separate budget at Annex 6 to cover expenses for one ANGO representative to attend the workshop in the Palestinian Territories and up to two weeks in-country to revise the proposal, from the first day of the workshop. This grant will cover reasonable costs including return economy air fares, accommodation, per diems etc., subject to DFAT approval.

Final funding allocations will be determined by DFAT following the workshop. The budget may not necessarily be divided evenly between all ANGO implementers.

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Budget templatePlease amend the below table to include as much details as possible

Direct project inputs Year 1 Year 2 Year 3 Year 4 Year 5

Project management and coordination

Staffing (International)

Staffing (local)

Joint work with private sector entities

Consortia partner costs (provide detail)

Support to communities (provide detail)

Technical advice

Materials

Training

Other (specify)

Administrative costs

Office accommodations costs

Travel costs

Communication costs

22

Asset maintenance costs

Other (specify)

Monitoring and Evaluation *~ 6% budget

Performance monitoring costs

Reviews and assessments

Collaboration with other ANGO consortia

Total

23

8. Implementation Schedule [½ x A4 page]

Outline the timing and sequencing of projects for the proposal with a particular emphasis on the initial 12 month period.

9. Monitoring and Evaluation [1 x A4 page]

Outline a monitoring and evaluation plan, including the structure of M&E responsibilities within the consortia.

10.Reporting schedule [½ x A4 page]

Prepare a reporting schedule to DFAT including: i) Inception Report after three months of implementation; ii) Annual Work Plan for the following twelve months with budget; iii) Six Monthly Progress Report; iv) Annual Progress Report and financial acquittals; iv) Annual Counter-Terrorism Risk Management Report; v) Exception Reports as required.

(This section is indicative only. Reporting schedules will be negotiated at the workshop with DFAT and the AMENCA 3 M&E Advisor.)

11.Key personnel [1 x A4 page]

Outline the qualifications and experience of the lead ANGO’s nominated AMENCA 3 Program Director and other key proposed personnel (ANGO and in consortia management positions). Please attach 2-page CVs for each listed personnel at Annex 2.

12.Risk and Security Management [2 ½ x A4 pages]

Outline risk and security management planning for AMENCA 3, including the risk of diversion of funds to terrorism and operating in Gaza, and previous management of risk and security in the Palestinian Territories or a comparable environment, preferably in the Middle East. A risk assessment matrix should be attached at Annex 4.

13. Implementation of key DFAT policies [1 x A4 page]

Outline how the proposal will implement key DFAT cross-cutting policies: gender equality and women’s economic empowerment, child protection, disability, disaster risk reduction and protection of environment and other safeguard issues.

24

25

4. Organisation’s Certification

I hold the position of (xxxxxxxx) with the Organisation and am duly authorised by the Organisation to make this declaration. I make this declaration on behalf of the Organisation and on behalf of myself.

I have read the information provided in the [Insert program name] Guidelines.

The statements in this proposal are true to the best of my knowledge

I acknowledge that if the Organisation is found to have made false or misleading material claims or statements in this proposal or in this certification, DFAT will reject at any time any proposal lodged by or on behalf of the Organisation.

I acknowledge that this proposal will be assessed on its merits, and compared to other proposals, and that it may not be funded, or it may not be funded at the amount requested.

I warrant that the Organisation will use its best endeavours to ensure that all personnel involved in the Proposal are of good fame and character.

I warrant that the Organisation will use its best endeavours to ensure:

(a) that individuals or organisations involved in implementing the Proposal are in no way linked, directly or indirectly, to organisations and individuals associated with terrorism; and

(b) that the Grant is not used in any way to provide direct or indirect support or resources to organisations and individuals associated with terrorism.

I warrant that the Organisation is not:

(a) listed on a World Bank List or a list maintained by any other donor of development funding;

(b) subject to any proceedings or informal processes which could lead to listing on a World Bank List or a list maintained by any other donor of development funding;

(c) the subject of an investigation by the World Bank or any other donor of development funding.

26

The lead ANGO must complete this Organisation Certificate in the body of the proposal. Each consortia member must complete an Organisation Certificate to be included in Annex 1.

"World Bank List" means a list of organisations maintained by the World Bank in its “Listing of Ineligible Firms” or “Listings of Firms, Letters of Reprimand” posted at:

http://web.worldbank.org/external/default/main?contentMDK=64069844&menuPK=116730&pagePK=64148989&piPK=64148984&querycontentMDK=64069700&theSitePK=84266

I warrant that the Organisation will have regard to the Australian Government guidance “Safeguarding your organisation against terrorism financing: a guidance for non-profit organisations”.

I warrant that neither the Organisation nor any of its employees, agents or contractors have been convicted of an offence of, or relating to fraud or corruption, including bribery of a public official, nor are they subject to any proceedings which could lead to such a conviction.

I undertake that the Organisation will not permit any of its employees, agents or contractors, to work with children if they pose an unacceptable risk to children’s safety or well-being. Refer to DFAT’s Child Protection Policy.

I warrant that none of the personnel who are involved in the Proposal have been convicted of a criminal offence relating to child abuse, nor are they subject to any proceedings which could lead to such a conviction.

I warrant that the Organisation has not received grant funding for this Program from another source other than that declared in Section 3.5 of this proposal.

Signature:

Name in Full:

Position in Organisation:

Date:

27

Annex schedule Annex 1 – Consortia member documentation

Annex 2 – Key Personnel CVs

Annex 3 – Theory of Change

Annex 4 - Risk assessment matrix

Annex 5 – Budget narrative

Annex 6 – Workshop participation budget

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Annex 1 – Consortia member documentation All consortia members must present:

- A copy of ‘Organisation details’ table (see page 4)- a one page participation letter that a) provides brief information about

the organisation, b) the relationship with other consortium members, c) notes inclusion in any other AMENCA 3 proposes and d) commits to participation in the proposal consortia

- Up to two Past Experience forms (see page 28) - An ‘Organisations Certificate’ (see page 11)- Two written referee reports of up to two pages each

Note on referee information

Each consortium partner (including the lead ANGO) must attach letters of support from two referees. Referees must comment on the organisation’s experience and capacity to achieve the AMENCA 3 objectives.

Organisations must ensure that their nominated referees do not have an actual or potential conflict of interest when acting as a referee. In particular, organisations must ensure that referees:

a) are not employees of the organisation, or the holder of a current executive office (or similar position) within the organisation, or have a business association with the organisation or a subsidiary organisation of the organisation;

b) their immediate family members have no direct financial interest in this program;

c) are not DFAT employees;

d) are available to be contacted in the 3 week period after the closing time; and

e) are able to provide comments in English.

DFAT reserves the right to check with nominated referees and with other persons as DFAT chooses the accuracy of the information provided by the consortium partner and the quality of past work performed by the organisation.

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Past Experience Form

Program Name: Program Duration

Program Value: Year Completed

Program Location(s): Client/Donor:

Brief description of the Program and the Tenderer’s role:

Brief description of Program outcomes:

Brief description of any performance issues and their resolution:

Statement of the similarities between this Program and the requirements of AMENCA 3 and how this Program supports claims against selection criteria:

Nominated Program Referees:

1. Name: 2. Name:

Address: Address:

Email: Email:

Phone: Phone:

30

31

Annex 2 - Key Personnel CVs

(up to 2 x A4 pages per key personnel)

32

Annex 3 – Theory of Change diagram

(1 x A4 page - optional)

33

Objective/s

RISK:Event, Source & Impact

(what can happen (event), how can that happen

(source) and what will the impact be if it happens?)

Existing Controls (what's

currently in place?)

Risk rating with existing controls in place Is risk rating

acceptable?Y/N

(if no, please propose treatments)

Proposed Treatments

(If no further treatment

required or available, please

explain why)

Person Responsible

for Implementing Treatment/s

Implementation Date for

Proposed Treatment/s

Target rating when Proposed Treatments are in place

Consequence Likelihood

Risk Rating Consequence Likelih

oodRisk

Rating

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Annex 4 – Risk register

35

Annex 5 – Budget narrative

Up to 2 x A4 pages

This Annex complements the budget breakdown required at Section 8, and will be considered in price and value for money assessments by the Evaluation Committee.

36

Annex 6 – Workshop budget

1 x A4 page

Outline the proposed budget to cover expenses for one ANGO representative to attend the workshop in the Palestinian Territories and up to two weeks in-country to revise the proposal, from the first day of the workshop. This grant will cover reasonable costs including return economy air fares, accommodation, per diems etc., subject to DFAT approval.

-------------------------END OF THE PROPOSAL TEMPLATE-------------------------

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Annex 2: Draft Funding order

<Title First Name Surname>

<Position>

<Organisation’s Name>

<Street Address>

<Insert Date>

Dear <Title Surname>

RE: Funding Order No. <00> for the <Agreement Title>

You have agreed to undertake the above Project in accordance with Head Agreement No. <00000>.

Attached are two copies of a Funding Order issued under the Head Agreement. This Funding Order brings into existence a Cooperation Agreement between DFAT and Organisation’s Name, ABN xx xxxxxx xxx to provide the Program specified under “Program Proposal” in the attached order.

Please note that you are required to sign the Acceptance of Offer of Funds (Annex A) on both documents. Keep one copy of the signed original Funding Order for your records and return the other signed original to DFAT.

Yours sincerely

<Name>

<Position, Section>

Delegate

38

DRAFT FUNDING ORDER

This Funding Order is issued by DFAT in accordance with the clause headed Formation of Funding Agreements of the Head Agreement No. <00000> between DFAT and <Organisation’s Name> (“Organisation”) <ABN xx xxxxxx xxx> and brings into existence a contract (“Cooperation Agreement”) between DFAT and the Organisation for the provision of the Services detailed below subject to the terms and conditions set out in the Head Agreement.

A. DFAT and the Organisation are entering into this Agreement to pursue the goal and outcomes of the Australia Middle East NGO Cooperation Agreement Third Phase (AMENCA 3): Palestinian Farmers Connecting to Markets (see Attachment B).

B. DFAT selected the Organisation as a partner for funding under this program following a competitive aid grant process. The Organisation’s institutional capacity and its mandate, purpose and history of strong performance indicate it can support and progress the goal and objectives of AMENCA 3.

C. All Organisations funded under AMENCA 3 and DFAT seek to move beyond a traditional, transactional relationship to a more equitable partnership based on transparency, trust and mutual benefit that furthers development outcomes for the Palestinian Territories.

D. The Organisation will be expected to participate in discussions and joint events to further the aims of AMENCA 3 partnership.

E. The provisionally selected ANGOs will attend the Synergies and Collaboration workshop in the Palestinian Territories and will receive a grant for a maximum of two (2) weeks. This grant will cover agreed costs for one representative to travel to the workshop and for the ANGOs to subsequently revise their proposal. If and when DFAT is satisfied with the revised proposal it will amend the grant to cover the initial three years of implementation.

F. This Funding Order sets out the terms and conditions that will apply to grant funding to the Organisation in support of the Organisation’s work under AMENCA 3.

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1 PRINCIPLES OF COOPERATION

1.2 This Cooperation Agreement governs collaboration between DFAT and the Organisation to achieve the mutual goals of poverty reduction and achievement of sustainable development in the Palestinian Territories. This Cooperation Agreement aims to build on and maximise the unique strengths of the Organisation particularly in relation to its long term experience, capacity and linkages with partner organisations and communities in the Palestinian Territories.

2. INTERPRETATION

2.1 All terms used in this Funding Order have the same meaning as is given to them in the Head Agreement, unless the context otherwise requires.

3. TERM OF FUNDING ORDER

3.1 The term of this Funding Order is deemed to have begun on the [Insert Start Date] or the date of receipt by DFAT of the signed Acceptance of Offer of Funds whichever is later, and continues until all obligations have been fulfilled under the Funding Order, unless terminated earlier in accordance with the Head Agreement.

3.2 The Organisation must commence the Program no later than/on insert Program Start D and must complete the Program by [Insert Program Completion Date]. The implementation under this Program will be funded initially from XXXXX 2015 to December 2018.

4. THE SERVICES

4.1 DFAT offers to provide the Organisation with accountable funds for the implementation of the Program – Australia Middle East NGO Cooperation Agreement Program Phase Three (AMENCA 3): Palestinian Farmers Connecting to Markets, as specified in the Proposal (Attachment B).

4.2 The parties agree that the title of the Program to be used in all documentation, correspondence and publicity is Australia Middle East NGO Cooperation Agreement Program Phase Three (AMENCA 3): Palestinian Farmers Connecting to Markets.

5. JOINT ACTIVITIES

5.1 The Organisation must on an ongoing basis seek opportunities with other AMENCA 3 partners to develop joint activities to achieve synergies and collaboration and learning between them across the program.

5.2 A joint ANGO consortia meeting will be held as part of the Annual Review Meeting in March of each year to develop ways working together and cost proposals for future joint activities. The funds for

40

meeting the costs of joint activities identified throughout the duration of the program should be met from the total project budgets.

6. PROCUREMENT OF GOODS

6.1 The Organisation must not use the Funds to acquire any asset, part from those detailed in the Proposal, without obtaining DFAT’s prior written approval. Subject to the requirements of this clause, the Organisation shall own the assets acquired with the Funds until the conclusion of AMENC 3 at which point the assets will be handed over to local implementing consortium partners.

6.2 If the Funds are being use to procure goods, the Organisation must ensure in its procurement of the goods that:

a. the goods to be procured are of a satisfactory quality;b. the goods shall be delivered in good order and condition and in accordance with the Program

timetablec. the price paid for goods procured represents value for money;d. there is open and effective competition in the purchasing process to the extent practicable;e. a professional approach is reflected in the purchasing process including ethical behaviour and

fair dealing

6.3 The Organisation must maintain a Register of Assets as per Clause 13.4 under the Head Agreement. The Register shall be reconciled with assets at least every twelve (12) months and the results of that reconciliation included in the Annual Reports required in clauses titled ‘Reports’ in this Agreement.

7. AGREEMENT AMENDMENTS

7.1 DFAT or the Organisation may propose amendments to this Agreement at any time for the purpose of improving the delivery of the Program, the efficiency, cost-effectiveness and development impact of the Program.

8.2 Changes to this Agreement (excluding Attachments B, C and E) will only be effected if agreed in writing and signed by both Parties in the form of a Deed of Amendment. The Parties may agree in writing to amend the Program (Annexures B, C and E) at any time without a Deed of Amendment.

8. REPORTING REQUIREMENTS

8.1 All reports must:

(a) be accurate and not misleading in any respect;(b) be prepared as directed in writing by DFAT;(c) be provided in the format and on the media approved or requested by DFAT;(d) not incorporate the DFAT logo; (e) be provided at the time specified in this Funding Order; and

41

(f) incorporate sufficient information which allows DFAT to monitor and assess the success of the Services in achieving the objectives of DFAT’s Gender and Development Policy.

8.2 The Organisation must provide the following reports by the date, in the format and the number of copies indicated:

(a) Inception Report after three months of implementation.

(b) Annual Work Plan and budget for the following twelve months.

(c) Six Monthly Progress Report of up to ten pages summarising progress against the Annual Work Plan and budget.

(d) Annual Progress Reports against the Work Plan for the preceding twelve months, plus a budget acquittal signed by the senior financial officer or the head of the Organisation indicating that the funds have been expended in accordance with the terms of this Agreement and financial acquittals.

(e) Annual Counter Terrorism Risk Management Reports.

(f) Exception Reports immediately upon identification of any unforseen issues arising in the Program that may have detrimental effect, particularly in relation to the achievement of the objectives of the Program. One electronic copy of the Exception Report should be sent to DFAT Program Manager at Ramallah Post. Where possible, these Exception Reports should include a proposed solution and/or strategy.

(Note: A final schedule of Reports will be agreed the Organisation prior to the finalisation of this Funding Order).

8.3 Within ninety days of completion of the Program, the Organisation must submit to DFAT a final report which provides an outline of the completed Program and more details covers key outcomes compared with objectives, development impact, sustainability and lessons learned.

8.4 Attached to the final report will be a statement acquitting all of the Funds (‘final Funds acquittal’). The statement must acquit the Funds against the budget referred to in the Program Proposal and must be signed by the senior financial officer or the head of the Organisation, indicating that the Funds have been spent in accordance with the terms of this Agreement and Clause 11 of the Head Agreement. Any unspent Funds, interest accrued or exchange rate gains must be repaid to DFAT with the final report and final Funds acquittal. The final Funds acquittal must include details of any interest earned or exchange rate gains on the final Funds.

8.5 The final report and attached statement acquitting all Funds should be sent to the Program Manager, DFAT Ramallah Post in the following format:

42

a. one bound hard copy; and b. one electronic version in PDF (Portable Document Format).

9 MONITORING AND EVALUATION

9.4 The Organisation is responsible for monitoring on an on-going basis the performance of the Program and the performance of the Delivery Organisation against the Annual Plans. The Organisation shall report regularly to DFAT on the results of monitoring in the six monthly Program Reports, the Annual Report, and any exception reports as requested by DFAT from time to time.

9.5 The Organisation is responsible for establishing a monitoring and evaluation framework able to report on achievements at all levels of the Program.

9.6 DFAT may also undertake monitoring, review and evaluation of Program at any time. DFAT may undertake a mid-term review of Program during the Implementation Phase. The Organisation shall, and request its Delivery Organisation staff to, facilitate any monitoring visits, provide reasonable assistance to and cooperate fully with other service providers as DFAT may reasonably request. DFAT undertakes to provide reasonable notice (where possible at least four weeks to the Organisation prior to commencing a review or evaluation.

9.7 DFAT will advise the Organisation of the results of the Mid Term Review by letter in hard or electronic copy. DFAT may use the information generated in the Mid Term Review to provide the Organisation with recommendations concerning implementation. DFAT may also use the information to make a decision to extend the implementation period.

10 FUNDS PAYABLE TO THE ORGANISATION

10.1 The financial limitation for this Program is <A$Amount> plus GST as specified in Attachment C, Basis of Funding.

10.2 The provision of Funds to the Organisation is subject to:

(a) Compliance with all of the requirements set down within this Funding Order, the Head Agreement and the DFAT NGO Accreditation Guidance Manual contained as part of the DFAT Internet site at www.dfat.gov.au, as amended from time to time; and

(b) The issuing of an appropriate tax invoice as required by Clause 14 below.

10.3 The funding outlined in this Funding Order is subject to annual budget processes and is not guaranteed.

11 INTELLECTUAL PROPERTY

11.2 Clause 14 of the Head Agreement is replaced by Clauses 8.2.

11.3 The Organisation hereby assigns to DFAT any intellectual property rights in materials developed or created by the Organisation in the course of performing the Program.

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11.4 DFAT grants to the Organisation an irrevocable, non-exclusive, world-wide, royalty free licence (including the right to sublicense) to use, reproduce, adapt and otherwise exploit the Agreement Material for the purpose of the Program.

12 SECURITY

12.2 The Organisation must liaise and cooperate with DFAT, the Project stakeholders and the Australian Diplomatic Mission in or having responsibility for the Partner Country, especially in relation to project security, personal safety and welfare matters.

12.3 The Organisation must use its best endeavours to ensure that all international Organisation personnel working in the Partner Country:

12.3.1 are certified as fit and health by a legally qualified medical practitioner to work in the Partner Country and have received the necessary medical advice, including that on vaccinations and other preventive medical assistance allowing them to undertake work in-country in a safe manner; and

12.3.2 are adequately briefed and understand the environment and culture of the Partner Country.

13 FRAUD

13.2 For the purpose of this clause, ‘fraudulent Program’, ‘fraudulent’ or ‘fraud’ means: Dishonestly obtaining a benefit, or causing a loss, by deception or other means. This includes diversion of Australian aid funds to entities or individuals associated with terrorism.

13.3 The Organisation, its Delivery Organisations and its subcontractors must not engage in any fraudulent Program. The Organisation is responsible for preventing and detecting fraud.

13.4 The Organisation must report in writing within 5 working days to DFAT any detected, suspected, or attempted fraudulent Program involving an Initiative.

13.5 In the event of detected, suspected or attempted fraud and in consultation with DFAT, the Organisation must develop and implement a strategy to investigate, based on the principles set out in the Australian Government Investigations Standards. The Organisation must undertake the investigation at the Organisation’s cost.

13.6 Following the conclusion of an investigation, where the investigation finds the Organisation, an employee or a subcontractor of the Organisation, the Delivery Organisation, an employee or a subcontractor of the Delivery Organisation has acted in a fraudulent manner, the Organisation shall:

13.6.1 where money has been misappropriated, pay to DFAT or the Project the full value of the Grant funds that have been misappropriated; or

44

13.6.2 where an item of property has been misappropriated, either return the item to DFAT or the project or if the item cannot be recovered or has been damaged so that it is no longer usable, replace the item with one of equal quality;

13.6.3 refer the matter to the relevant Partner Country police or other authorities responsible for prosecution of fraudulent Program; and

13.6.4 keep DFAT informed, in writing, on a monthly basis, of the progress of the recovery action.

13.7 Following the conclusion of an investigation, where the investigation finds that a party other than the Organisation, an employee or subcontractor of the Organisation, the Delivery Organisation, an employee or a subcontractor of the Delivery Organisation, have acted in a fraudulent manner, the Contractor shall, at the Organisation’s cost:

13.7.1 make every effort to recover any Grant funds or funded property acquired or distributed through fraudulent Program, including without limitation, the following:

13.7.1.1 take recovery action in accordance with recovery procedures, including civil litigation, available in the Partner Country;

13.7.1.2 refer the matter to the relevant Partner Country police or other authorities responsible for prosecution of fraudulent Program; and

13.7.1.3 keep DFAT informed, in writing, on a monthly basis, of the progress of the recovery action.

13.8 If the Organisation considers that after all reasonable action has been taken to recover the Grant funds or funded property and full recovery has not been achieved or recovery has only been achieved in part, the Organisation may seek approval from DFAT that no further recovery action be taken. The Organisation must provide to DFAT all information, records and documents required by DFAT to enable the DFAT delegate to make a decision on whether to approve non-recovery of Grant funds or funded property.

14 CLAIMS FOR PAYMENT

14.2 Tax invoices must be submitted when due in accordance with this Funding Order, in a form identifying the Program title and the Funding Order number <00000/00>. Invoices must also contain the Payment Event number as notified by DFAT.

14.3 All tax invoices must be made to:

Chief Finance OfficerDepartment of Foreign Affairs and TradeR.G Casey BuildingJohn McEwen CrescentBarton ACT 0221AUSTRALIA

45

14.4 Tax invoices should be sent to the above address. Alternatively DFAT will accept electronic tax invoices. These can be sent to accountsprocessing@dfat.gov.au

14.5 Invalid invoices will be returned to Organisations. Information on what constitutes a valid tax invoice can be found at https://www.ato.gov.au/Business/Record-keeping/In-detail/A-basic-paper-record-keeping-system/How-to-set-out-tax-invoices-and-invoices/

15 ACCEPTANCE OFFER

15.2 Please indicate your acceptance on the Acceptance of Offer of Funds attached and return it to DFAT. The receipt by DFAT of the signed copy of this correspondence will conclude the agreed Funding Order which will authorise the Organisation to proceed with the Program.

Issued for and on behalf of the Commonwealth of Australia represented by the Department of Foreign Affairs and Trade by:

In the presence of:

___________________________________Signature of witness

___________________________________Name of witness(Print)

Signature of Delegate

Name

Position, Section

Attachments:

A Acceptance of Offer of Funds

B Program Proposal including Summary

C Basis of Funding

D Deed of Confidentiality46

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Attachment A

Australia Middle East NGO Cooperation Agreement Program Phase 3 (AMENCA 3): Palestinian Farmers Connecting to Markets

FUNDING ORDER

ACCEPTANCE OF OFFER OF FUNDS

<Organisation’s Name, ABN xx xxx xxx xxx accepts the offer of Funds as set out above and agrees to undertake the Program in accordance with the requirements contained in this Funding Order No. 00000/00 and the NGOPI, as amended from time to time.

Dated this day of 2015

Signed for and on behalf of Organisation’s Name, ABN xx xxx xxx xxx by:

_________________________

_________________________ _________________________

Name and Position Signature(Print)

By executing this Funding Order the signatory warrants that the signatory is duly authorised to execute this Funding Order on behalf of the Organisation.

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Attachment B

PROPOSAL INCLUDING BUDGET SUMMARY

Australia Middle East NGO Cooperation Agreement Program Phase 3 (AMENCA 3): Palestinian Farmers Connecting to Markets

Projects and delivery methodology for the Years 1-3 should be detailed here. If an extension for Years 4-5 is accepted, the Proposal details Years 4-5 will be added in via amendment.

See Annex 1 to Competitive Aid Grant Guideline for Proposal template

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Attachment C

BASIS OF FUNDING

Australia Middle East NGO Cooperation Agreement Program Phase 3 (AMENCA 3): Palestinian Farmers Connecting to Markets

16 TOTAL AMOUNT PAYABLE

16.2 Funding up to a maximum of A$<insert value>, hereafter referred to as the Funds, will be payable as an acquittable grant by DFAT mainly in annual tranches divided as follows:

Additional Funds may also be provided in a year on top of the annual tranche to meet the requirements of the Program.

Financial Year Australia’s indicative contribution (AUD)

2015-16: The selected ANGOs will attend the Synergies and Collaboration workshop in the Palestinian Territories and will receive a grant for a maximum of two weeks. This grant will cover reasonable costs for one representative to travel to the workshop and for the ANGOs to subsequently revise their proposal.

(Note: this initial grant payment amount is not part of the additional full annual grant tranche payments over the agreement period)

AUDxxx,xxx

If and when DFAT is satisfied with the revised proposal, it will amend the grant to cover the initial three years of implementation.

2015-16: First Annual Tranche (between December 2015 – February 2016)

AUDxxx,xxx

2016-17: Second Annual Tranche (September 2016) AUDxxx,xxx

2017-18: Third Annual Tranche (September 2017) AUDxxx,xxx

TOTAL AUDXXXXXXX

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DFAT will pay the first annual tranche of Funds to the Organisation within 30 days of receipt by DFAT of Acceptance of Offer of this Funding Order and a valid Tax invoice. The initial payment and subsequent annual tranche Funds are as follows:

16.2.1A grant payment to the selected Organisation: AUD XXX Amount plus GST up to a maximum amount of AUD XXX (insert 10 per cent of the amount) within 30 days of signing the Funding Order and of receipt by DFAT of a valid Tax invoice. This payment will be made to the Organisation to cover reasonable costs (including for economy class return air fares, per diems, etc. subject to DFAT agreement) for one representative to travel to the Synergies and Collaboration workshop to be held tentatively in the Palestinian Territories in November 2015 and for the Organisation to subsequently revise its proposal.

16.2.2First Annual Tranche: AUD XXX Amount plus GST up to a maximum amount of AUDXXXX (insert 10 percent of the amount) within 30 days of signing the Funding Order and receipt of a valid invoice, subject to the conditions at Clauses 10.2 and 10.3;

16.2.3Second Annual Tranche: AUDXXX Amount plus GST up to a maximum amount of AUDXXXX (insert 10 percent of the amount) within 30 days of DFAT acceptance of a statement of acquittal against the budget in the previous Annual Work Plan, a valid invoice and subject to satisfactory progress as determined by DFAT as well as subject to the conditions at Clauses 10.2 and 10.3; and

16.2.4Third Annual Tranche: AUDXXXX Amount plus GST up to a maximum amount of AUDXXXX (insert 10 percent of the amount) within 30 days of DFAT acceptance of a statement of acquittal against the budget in the previous Annual Work Plan, a valid invoice and subject to satisfactory progress as determined by DFAT as well as subject to the conditions at Clauses 10.2 and 10.3.

16.2.5The funding order will be amended accordingly if the option to extend implementation into years four and five is taken by DFAT.

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Attachment D

DEED OF CONFIDENTIALITY

Note: Refer to Clause 15.2 of the Head Agreement to determine whether you need to use this Confidentiality Deed.

THIS DEED POLL is made on the day of < > in favour of COMMONWEALTH OF AUSTRALIA represented by the Department of Foreign Affairs and Trade ("DFAT").

BY <Insert name and address of Recipient> (the "Recipient").

RECITALS

A. DFAT and Organisation’s Name (the "Organisation") ABN xx xxx xxx xxx have entered into Funding Order 00 under Head Agreement No. 00000

B. The Recipient has been engaged by the Organisation to work on the initiative.

A. In undertaking the work, the Recipient will have access to DFAT Confidential Information.

B. DFAT requires the Recipient to enter into this Deed in relation to the use of DFAT Confidential Information.

THE RECIPIENT DECLARES AS FOLLOWS:

17 INTERPRETATION

1.i.1. In this Deed:

1.i.2. "DFAT Confidential Information" means information that

17.2.1is designated by DFAT as confidential; or

17.2.2is personal information under the Privacy Act 1988,

52

1.i.3. but does not include this Agreement or information which:

17.2.3is or becomes public knowledge other than by breach of this Agreement or any other confidentiality obligation; or

17.2.4has been independently developed or acquired by the Organisation, as established by written evidence.

18 NON DISCLOSURE

18.2 The Recipient must not copy, reproduce or disclose any of the DFAT Confidential Information without the prior written consent of DFAT, which consent DFAT may grant or withhold in its absolute discretion.

19 RESTRICTION ON USE

19.2 The Recipient must use the DFAT Confidential Information only for the purpose of the services pursuant to the Head Agreement.

20 DELIVERY OF DOCUMENTS

20.2 DFAT may, at any time and without notice, demand, either orally or in writing, the delivery to DFAT of all documents in the possession or control of the Recipient which contain the DFAT Confidential Information.

21 SURVIVAL OF OBLIGATIONS

21.2 The obligations in this Deed are perpetual.

EXECUTED as a deed poll.

SIGNED, for and on behalf of the Recipient by:

In the presence of:

……………………………………..

Signature of witness

)) ……………………………………..

Signature of (Print Name Here)

……………………………………..

Name of witness(Print)

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