Request for Applications (RFA): CAFTA-DR Environmental Law Capacity Building Initiative

Date Issued: November 14, 2008
New Deadline: March, 11, 2009

HED expects to make one (1) award of up to $650,000 for a higher education partnership to strengthen environmental law capacity building in the Dominican Republic, Guatemala and Nicaragua as part of the U.S.-Central America-Dominican Republic Free Trade Agreement (CAFTA-DR) and the Environmental Cooperation Agreement (ECA). The award will be incrementally funded over a three-year period contingent on funding from the U.S. Agency for International Development (USAID).

For further information regarding this RFA, please contact Josh Henson, program associate at  (202) 243-7690 ; jhenson@hedprogram.org.

Background
Context
Partnership Description
Goals and Objectives
Monitoring and Evaluation
Eligibility
Application Review Guidelines
Partners
Additional Information
Application Format, Submission, and Review
Terms of the Solicitation

Background

U.S. Agency for International Development and Higher Education for Development

Higher Education for Development (HED) mobilizes the expertise and resources of the higher education community to address global development challenges. HED accomplishes this by administering a cooperative agreement (AEG-A-00-05-00007-00) funded by the United States Agency for International Development (USAID). Under the Leader with Associate Cooperative Agreement, signed in September 2005, HED manages a competitive awards process to access expertise within the higher education community in coordination with the American Council on Education (ACE), the American Association of Community Colleges (AACC), the American Association of State Colleges and Universities (AASCU), the Association of American Universities (AAU), the National Association of Independent Colleges and Universities (NAICU), and the National Association of State Universities and Land-Grant Colleges (NASULGC).

Funding by USAID’s Bureau for Economic Growth, Agriculture and Trade, Office of Education (EGAT/ED), as well as USAID’s functional and regional Bureaus and worldwide Missions, supports higher education partnerships to advance global development through economic growth, good governance, and healthy societies. These partnerships provide training, applied research, program evaluation, policy analysis, and program implementation, which are critical to promote USAID’s foreign assistance goals. More information on USAID and its role in economic and humanitarian assistance worldwide over the past 40 years is available at www.USAID.gov.

Context

Central America University Environmental Law Network (RUDA)

In 2000, the Central American Commission for Environment and Development (CCAD) with the support of USAID and the U.S. Environmental Protection Agency (EPA) helped create the Central American University Environmental Law Network (RUDA) and a network of environmental enforcement officials in Central America to strengthen the teaching and application of environmental law in the region. One of RUDA’s initial activities was to create an environmental law textbook written by Central American lawyers with case studies from the region. This recently completed textbook is a result of the collaboration of CCAD with the United States Environmental Protection Agency (EPA), USAID, the United Nations Institute for Training and Research (UNITAR) and others. In addition, RUDA is developing a model Environmental Law Certificate or diplomado in collaboration with the University of Alicante, Spain and National University of Mexico (UNAM) that can be adapted and implemented in Central America and a long distance e-learning course on International Environmental Law with UNITAR.

All of the CAFTA-DR countries have described the need for long-term capacity building to improve environmental law enforcement and compliance in the region. Although much environmental law and enforcement training has taken place over the years in Central America, there has been very little institutionalization of such training. A higher education partnership will strengthen university environmental law and policy programs in Central America, enhance the RUDA network, and increase cooperation among universities and environmental authorities in CAFTA-DR countries. In addition, a higher education partnership will expand environmental law research and community outreach in the region to establish a foundation for training related to long-term environmental law and policy capacity building in the region.

Partnership Description

USAID is developing a regional higher education initiative that will enable U.S. and CAFTA-DR universities to provide law training and assistance to member countries. This initiative will help CAFTA-DR countries meet their respective obligations under the U.S.-Central America-Dominican Republic Free Trade Agreement (CAFTA-DR) by improving the capacity of higher education institutions to offer training and practical experience needed to develop and enforce environmental laws and the capacity of environmental law working professionals.

Under this initiative, a U.S. higher education institution, or consortium comprised of one or more U.S. institutions specializing in environmental law, will partner with three lead universities (one in Guatemala, one in the Dominican Republic, and one in Nicaragua) and the Central American University Environmental Law Network (RUDA). The U.S. institution(s) and their partners will assist RUDA to develop and implement a regional environmental law diplomado and work with RUDA and the Dominican, Guatemalan, and Nicaraguan lead universities to implement the regional diplomado with local specific content at the country level. The partnership will also help plan and implement environmental law clinics in the Dominican Republic, Guatemala, and Nicaragua and create experiential learning opportunities for students and faculty in environmental law. Partners will also strengthen the ties among law schools and national and local environmental authorities, the judiciary, and prosecutors.

To expand the impact of the initiative, the lead higher education partners in the Dominican Republic, Guatemala, and Nicaragua will be responsible for collaborating with other local higher education institutions that offer law degrees in their respective countries. In an effort to strengthen their environmental law programs, RUDA and the lead higher education institutions in the partnership will meet at least once a year to exchange ideas, share approaches, and discern opportunities to advance their work. One representative from each lead partner should attend the RUDA regional meeting in Central America and/or the meeting of the CAFTA-DR Environmental Cooperation Commission each year, as appropriate.

Goals and Objectives 

Based on consultations with environmental authorities and universities in CAFTA-DR countries, this initiative will address the following goals and objectives related to environmental law.

            Goal I

As a result of partnership activities, universities in the Dominican Republic, Guatemala, and Nicaragua will have greater institutional capacity and stronger human capacity to improve the development and implementation of regional environmental laws and practices

Objectives:

a)     Partners will review current curricula related to environmental law and practices at the member institutions to identify curriculum changes and needed faculty development.

b)      Based on the outcomes of the curriculum review, partners will collaborate to develop courses and new curricula leading to a regional diplomado (conducted in Spanish) for working professionals and faculty that support the environmental provisions of CAFTA-DR and can also be tailored to meet specific national needs for the Dominican Republic, Guatemala, and Nicaragua.    

c)      Partners will collaborate to strengthen university institutional capacity to teach environmental law and to design and deliver environmental law clinical programs.

d)      Partners will include internships/externships/experiential learning opportunities that provide participants with practical experiences in the field of environmental law.

e)      Partners will promote experiential learning opportunities that build strong ties for higher education with national and local environmental authorities, the judiciary, and prosecutors.

Goal II

As a result of partnership activities, the Central American University Environmental Law Network (RUDA) will become a more effective regional organization to promote appropriate environmental law practices.

Objectives:

a)      Partner collaborations related to regional environmental issues will result in a stronger RUDA organization.   

b)      Partners will collaborate on curricula design to ensure that the newly developed national Diplomados in legal studies meet requirements for the model regional diplomado being developed by RUDA.

c)      Partner collaborations will result in increased joint legal research projects related to topics about regional environmental law. 

Monitoring and Evaluation (M&E)

The application must describe a monitoring and reporting plan for the partnership activities and expected outcomes including an initial baseline assessment of the curriculum needs in the Dominican Republic, Guatemala and Nicaragua. The monitoring and reporting plan should demonstrate how progress toward objectives will be tracked, and how results of partnership activities will be summarized.

An external evaluation of partnership impact at the conclusion of the funding period must be included in the M&E plan, and the qualifications of the designated external evaluator described in the application. The M&E plan must include a detailed description of how results will be communicated and reported to USAID through HED.

Eligibility

HED welcomes applications from the member institutions of ACE, AACC, AASCU, AAU, NAICU, and NASULGC, and from other regionally accredited, degree granting, U.S. higher education institutions. U.S. colleges and universities may apply individually, or in partnership with other institutions. HED encourages applications from or with the participation of minority-serving institutions. 

Application Review Guidelines

Peer reviewers will use the following criteria to evaluate the applications:

I. Application Alignment with the Goals and Objectives of the RFA, and Overall Partnership Design (15 Points)

II. Institutional Capacity Building (25 points)

• Specificity of plan for collaborative review of curricula for training in environmental law, policy and enforcement;
• Evidence that the proposed courses and curricula focus on meeting identified needs for training in both the participating countries (the Dominican Republic, Guatemala, and Nicaragua) and the region;
• Evidence that planned curriculum development for diplomados, conducted in Spanish, will support the environmental provisions of CAFTA-DR;
• Appropriateness of plans to implement the diplomados and related activities to the environmental law priorities of the Dominican Republic, Guatemala, Nicaragua, and the region; and
• Detail of plan to strengthen RUDA and its institutional and organizational capacity.

III. Human Capacity Building (15 points)  

• Feasibility of outreach plan to make country-level diplomados accessible to working professionals and professors in environmental law;
• Appropriateness of plans to create internships/externship programs, including clinical programs, in the environmental law field; and
• Comprehensiveness of proposed faculty training to strengthen the capacity of participating Dominican and Central American higher education institutions in environmental law and policy.

IV. Expertise and Collaboration (20 points)

• Relevance of expertise of key U.S. university partner personnel  regarding Latin American legal systems, environmental and civil law, policy, and curriculum development in the Latin American context;
• Demonstrated ability of key U.S. partner personnel to communicate adequately in Spanish;
• Appropriateness of detailed plan to coordinate with partner institutions, which includes evidence of institutional commitment among all partners (faculty and administrators in the U.S., the Dominican Republic, Guatemala, and Nicaragua); and
• Realistic plan for sustaining collaboration among partners beyond the life of the award.

V. Cost Sharing and Cost Effectiveness of Overall Budget (10 Points)

• Total cost sharing (at least 25% of the award amount), including expected cash and/or in-kind contributions from all partners; and 
• Demonstrated cost-efficiency in the allocation of funds among activities and the equitable distribution of funds among U.S. and Dominican/Central American partners.

VI. Monitoring and Reporting (15 Points)

• Evidence of a sound methodology for conducting an initial assessment of the curricula and faculty knowledge and skills at the Dominican/Central American partner institutions; 
• Clearly defined plan for monitoring partnership activities and outcomes; and
• Detailed plan for an external assessment of the partnership’s impact at the end of partnership activities employing an external evaluator.

Total: 100 Points

Partners

Lead Partners
University Partners

The partnership must identify a lead partner university in the Dominican Republic, Guatemala, and Nicaragua.  Each country lead institution will be responsible for providing coordination with other law schools in that country interested in joining this environmental law capacity building initiative. HED and USAID encourage prospective applicants to build on current relationships with host country universities. 

For more information regarding other possible local universities partners interested in participating, please contact Josh Henson, HED's program associate, at  (202) 243-7690  or jhenson@hedprogram.org.

Central American University Environmental Law Network (RUDA) Partners

University partners are required to work within the university membership framework of the Central American University Environmental Law Network (RUDA).

Primary contact:
Maria Antonieta Rivas Leclair
RUDA

Telephone:
 (505) 266-1418  or  (505) 250-3849  mornings
 (505) 270-8128  afternoons

E-mail:
iacaupf@cabienet.com.ni
rileclair@yahoo.com

Collaboration Encouraged

Under the Environmental Cooperation Agreement, each CAFTA-DR country has designated an environment and trade “focal point” to help coordinate environmental cooperation affiliated with the Free Trade Agreement.  These focal points often are the leads on trade and environment matters related to the obligations set out in Chapter 17 of CAFTA-DR.  

U.S. applicant higher education institutions are encouraged to contact the representatives of  the CAFTA-DR environment focal points in the three targeted countries to ensure that the proposed partnership meets the needs of the local partner universities and those of the environmental authorities.

 The following is a list of the CAFTA-DR environment focal points for the Dominican Republic, Guatemala, and Nicaragua along with other government contacts designated by the host country governments:

Dominican Republic

Licenciada Rosa Otero
Secretaría de Estado de  Medio Ambiente y Recursos Naturales
Calle Presidente González esq. Ave. Tiradentes,
Edificio La Cumbre, Ens. Naco,
Santo Domingo, República Dominicana
Telephone:  (809) 567 4300  ext. 275
Fax: (809) 368 2667
Cellular:  (809) 819-4919 
E-mail: rosa.otero@medioambiente.gov.do

Guatemala

Lic. Carlos Abel Noriega
Ministerio de Medio Ambiente y Recursos Naturales
20 Calle 28-58, Zona 10
Ciudad de Guatemala, Guatemala
Telephone: (502)  2423 0509 / 2423 0500
Fax: (502) 2423 0500
Cellular (502)5462-6414
E-mail: canoriega@marn.gob.gt

and

Licenciada Ana Beatriz Tello de Pacheco
Directora General de Cumplimiento Legal
Ministerio de Ambiente y Recursos Naturales
Telephone: (502) 24230512 ext. 2312   
Cellular: (502) 59781265
E-mail:  abdepacheco@marn.gob.gt

Nicaragua

Lic. René Castellón
Ministerio de Ambiente y Recursos Naturales
Km 12½  Carret. Norte, Frente a Corporación de Zonas Francas
Managua, Nicaragua
Telephone:  (505) 263-1994  / 233-1173
Cellular:  (505) 465-3392 
Fax: (505) 233-1795
E-mail: citesni@marena.gob.ni
E-mail: rmanzanarez@marena.gob.ni

Additional Information

Web Links

CAFTA-DR Environment Chapter 17

Environmental Cooperation Agreement

CCAD – USAID CAFTA-DR Environmental Cooperation Program

Read additional information on CAFTA-DR

Application Format, Submission and Review

Application Format
How to Submit an Application
Peer Review

Application Format

Please provide the contents of the application in the following order:

1. Title Page (Please complete HED form in full and obtain signatures of authorized officials.)

2. Table of Contents

3. Abstract (not to exceed 3 typed, double-spaced pages, 12-point font, 1-inch margins). The abstract should contain a summary of the narrative, workplan and budget.

4. Narrative (not to exceed 20 typed, double-spaced pages, 12-point font, 1-inch margins) Address the criteria listed in Application Review Guidelines I-VI (see above).

5. The 20-page application must describe a monitoring and reporting plan for the partnership, including an initial baseline assessment, that shows how progress and results will be communicated and reported to USAID through HED.

6. Appendices (Attachments beyond the stated appendices will not be read nor taken into consideration):
    * Annual workplan for the funding period (Use HED form).
    * Budget forms (Use HED form. Complete all tabs).
    * Résumés of the proposed U.S. institution director(s) and host institutions personnel, not to exceed 2
one-sided pages per person.
    * Signed letters of support from the presidents, chancellors, or other chief executive officers of the cooperating institution in the United States.
    * Signed letters of support from appropriate university leaders of the Dominican and Central American partner institutions as well as partnership directors. University leaders from the host country partners may include deans, rectors, or university presidents.
    * Signed letters of support from key collaborating partners. This may include RUDA, NGOs and private sector partners.
    * Signed letter from appropriate official at applicant institution verifying that all costs cited conform to established institutional policies and practices. Include a copy of the U.S. institution's Negotiated Indirect Cost Rate (NICRA).
 
How to Submit an Application

Applications must be received at HED by 5:00 p.m., Eastern Time (ET), March 11, 2009. Faxed or electronically transmitted applications will not be accepted. All elements of the application must be received by the deadline. HED recognizes that original, signed cover letters and letters of support from host country partners may be subject to delays due to factors beyond the applicant’s control. Only in these exceptional cases, faxed or scanned copies of the application title page and letters that include all necessary signatures may be submitted in the application, provided signed originals are received at HED within seven (7) calendar days of the deadline.

Applicants should submit the original application plus seven (7) hard copies of the complete application package containing title page, table of contents, abstract, narrative, and appendices (all on loose-leaf paper, clipped together — no three-ring binders, staples, or plastic bindings), and a diskette or CD (with files saved as Microsoft Word/Excel for PC) containing the entire application, including all budget forms, budget narrative, and other appendices.

Applications should be sent to: (*NOTE: This is a NEW address.)

Collaborative Partnership: CAFTA-DR
Higher Education for Development
One Dupont Circle NW, Room 420
Washington, D.C. 20036-1193

Once an application has been received, there is to be no contact with the HED program office until the completion of the peer review process in order to ensure fairness to all parties concerned.

Peer Review

Applications will be reviewed by expert panelists, which include representatives from higher education, international development, and USAID.  Awards will be made on the basis of reviewers’ recommendations of merit, and USAID. Peer review of applications is slated for April 2009 with partnership activities commencing in June 2009.

Letters of communication from members of the U.S. Congress in support of an application are discouraged as these may be thought to prejudice the peer-review process. Such letters will not be forwarded to peer reviewers.

Notification about awards is expected following the completion of peer review. Upon final announcement of awards, the person named in the application as partnership director may submit a written request for copies of the peer reviewers’ scores for the application. No personal reviews will be granted, and no comparative score tabulations will be shared.

Terms of the Solicitation

Cost Share
Execution of Awards
Post-award Briefings
TraiNet Requirements
Health and Accident Insurance
Reporting

Cost Share

The minimum suggested total cost share from all U.S. partners is 25 percent of the award amount. Reported cost share must be auditable. Non-auditable contributions may not be used to meet the minimum, but can be indicated separately and attached to the budget detail form. Indirect costs for host country partner institution(s), if included, should be categorized as non-auditable contributions.

Higher education institutions are expected to leverage support from the private sector in addition to the cost sharing provided by their institutions. Applicants should itemize all cost sharing and in-kind contributions.

Cash and in-kind contributions will be accepted as part of the applicant’s cost sharing when such contributions are: (a) verifiable from the applicant’s records; (b) not included as contributions for any other federally-assisted program; (c) reasonable for the accomplishment of partnership objectives; and (d) not paid by the federal government under another grant.

In-kind contributions may include, but are not limited to: waivers of tuition and fees for students participating in academic exchanges; donation of library and classroom materials to the partner; ICT infrastructure and Internet Service Provider subscription subsidy for the partner and exchange students; faculty salaries; travel and/or per diem for faculty and administrators to participate in professional exchange and development programs; and indirect costs.

Execution of Awards

Awards will be executed as sub-agreements between the designated U.S. university, college, community college, or consortium, and the American Council on Education (ACE), through the Higher Education for Development (HED) office, under USAID Cooperative Agreement AEG-A-00-05-00007-00. The institution recommended for award will receive a draft version of the sub-agreements to review. The award recipient will be expected to submit a marking plan related to USAID branding as part of the sub-agreement that clearly indicates the support provided by USAID for activities conducted under the award.

Please note that no award nor cost share funds may be expended prior to a fully executed (i.e., signed by both parties) sub-agreement between ACE and the designated U.S. institution unless pre-award expenses have been approved as a part of the negotiation of the sub-award. Activities are expected to commence immediately after the sub-agreement is executed.

Award funds will be disbursed to the designated U.S. university, college, community college, or consortium, based on the applicant’s implementation of the work plan, stated budget, and submission to HED of financial, tax, and narrative progress reports. It is the designated U.S. institution’s responsibility to provide disbursements (reimbursements) for its collaborating partner(s) in accordance with the agreed-upon activity schedule and budget.

Post-award Briefings

Partnership directors, and/or their designees, are required to participate in two post-award briefings. The first briefing, conducted in a virtual format, will review reporting, monitoring and evaluation requirements. The second briefing via a conference call will address general requirements of the award.

TraiNet Requirements

To comply with the Department of Homeland Security, U.S Citizenship and Immigration Services (USCIS), Department of State, and USAID regulations regarding tracking and monitoring of Exchange Visitors, foreign nationals whose costs are paid, fully or partially, using USAID program funds for training, non-training, and invitational travel must enter the U.S. on a J-1 visa (non-immigrant Exchange Visitor visa) sponsored by USAID, unless otherwise waived according to the procedure in ADS 252.3. J-2 visa applications for family members are not supported per USAID policy. USAID expects that all DS-2019 documents (paperwork needed for J-1 visas) and in-country or third country training be processed through the USAID Training, Results and Information Network (TraiNet) system. Institutions may not directly access the Student and Exchange Visitor Information System (SEVIS) to issue DS-2019 documents internally. Information regarding USAID sponsored J-1 visa requirements may be found online at the Participant Training website. Administrators must adhere to the regulations detailed under TraiNet, Visa Compliance System (VCS), the Student Exchange Visitor Information System (SEVIS), and USAID’s Automated Directives System (ADS) 252-Visa Compliance for Exchange Visitors, and 253-Training for Development. U.S. institutions should allow at least 12 weeks for the processing of visas when planning activities in the United States.

TraiNet management requires a significant commitment of staff time and applicants are encouraged to take this into consideration when developing the program budget.

USAID Health and Accident Coverage (HAC) Insurance Program

The U.S. institution is responsible for enrolling each participant traveling to the United States or a third country in the official USAID Health and Accident Coverage (HAC) insurance program. Participants entering the United States on J-1 visas are required to obtain HAC from the official USAID vendor. Institutions may not use award funds to cover their own institutional HAC insurance. Click here for information on the USAID HAC insurance program. The cost of HAC for participants must be included in the budget.

Reporting

Awardees will be required to submit to HED:

• Financial reports are due quarterly to record expenditures for the following periods: Jan. 1-March 31, April 1-June 30, July 1-Sept. 30, and Oct. 1-Dec. 31;
• Semi-annual narrative progress reports for the following reporting periods may be sent via e-mail: April 1-Sept.30 and Oct. 1-March 30;
• Both financial reports and semi-annual progress reports are due within one-month after the corresponding reporting period closes: Jan. 31, April 30, July 31, and Oct. 31;
• A final narrative report (due 30 days after the conclusion of program activities); and
• Final financial reports (due no later than 90 days after the sub-agreement closing date).