COAST Invitation To Submit A Full Proposal (Emergency Response) FINAL
COAST Invitation To Submit A Full Proposal (Emergency Response) FINAL
Grant Emergency
Response
Application Pack
– Year 1
Table of Content
Table of Content..................................................................................................................................................... 2
Acronym Guide...................................................................................................................................................... 3
1. Structure of the Full Proposal Application Pack......................................................................................... 4
2. Introduction to COAST.................................................................................................................................. 5
2.1 Summary of the Programme................................................................................................................ 5
2.2 Objectives of the Programme.............................................................................................................. 5
2.3 COAST Facility’s themes...................................................................................................................... 6
2.4 Summary of COAST Country Strategies............................................................................................. 6
2.5 COAST Project Logframe..................................................................................................................... 9
2.6 Introduction to COAST Facility Implementers....................................................................................9
3. Application Process and Steps.................................................................................................................. 11
3.1 Timelines for Grant Window............................................................................................................... 11
4. ITP and Related Documentation................................................................................................................. 12
4.1 Amendments to the ITP documentation............................................................................................12
4.2 How we will respond to clarification requests from applicants......................................................12
4.3 Changes to Applications.................................................................................................................... 13
4.4 Acceptance of Applications............................................................................................................... 13
4.5 Costs of Application........................................................................................................................... 13
4.6 Clarifications sought by DAI.............................................................................................................. 13
4.7 Confidentiality of the ITP and related documents............................................................................13
4.8 Freedom of Information and Environmental Information Regulations...........................................14
4.9 Disclaimers.......................................................................................................................................... 15
4.10 Conflicts of Interest............................................................................................................................ 15
4.11 Changes to an Applicant’s circumstances.......................................................................................15
4.12 Joint Applications, Collaboration and Subcontracting....................................................................16
4.13 Costs.................................................................................................................................................... 16
4.14 Open Access Policy and Data Protection.........................................................................................16
5. Full Proposal Application Guidance.......................................................................................................... 17
5.1 Screening Stage Assessment............................................................................................................ 17
5.2 Technical Evaluation Stage Assessment..........................................................................................22
6. Technical Evaluation Scoring Guide.......................................................................................................... 28
7. Clarification requests.................................................................................................................................. 35
8. Agreement of Application Submission...................................................................................................... 36
9. COAST Grant Agreement Terms & Conditions.........................................................................................38
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COAST Facility Grant Full Application Pack
Acronym Guide
Acronym Definition
CN Concept Note
DD Due Diligence
FP Full Proposal
GA Grant Agreement
SC Subcomponent
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COAST Facility Grant Full Application Pack
Thank you for applying for a pre-award Emergency Response grant from the COAST Facility.
In this Application Pack, you will find:
Programme Information: A brief introduction to the COAST Facility including a
summary of the programme, high-level objectives and summary of COAST Country
priorities.
Application Approach and Steps: Submission processes and templates; instructions
on how to complete each stage and sequencing; instructions for applicants on detail
required.
How we will Request and Respond to Clarifications: Appropriate points of contact
within the COAST team.
Templates for completion to support the application: Attached as annexes are the
DAI Grants Capacity Assessment Tool (GCAT), COAST project Workplan, COAST
Budget template and Risk Register which must be completed and submitted along with
the application.
2. Introduction to COAST
2.1 Summary of the Programme
The Climate and Ocean Adaptation and Sustainable Transition (COAST) Programme is a
flagship initiative under the UK Government’s Blue Planet Fund (BPF). Its primary objective is
to enhance marine biodiversity conservation, climate resilience, and sustainable livelihoods by
strengthening governance, empowering communities, and mobilising sustainable financing for
long-term coastal resilience.
The COAST Facility is delivered by DAI Global UK and is split into three workstreams:
1. Strengthening planning and policy in priority countries (Indonesia, Mozambique,
Philippines, Vietnam) - national and sub-national capacities in coastal and marine
management, data collection, evidence generation in decision making; TA, enabling
environment for finance flows into COAST themes; analysis and capacity building;
scope includes support the integration of ocean / climate objectives into non-ocean and
climate sectors policies and plans; will include political economy analysis, security and
sensitivity analysis for priority countries.
2. Inclusive coastal stewardship and livelihoods in priority countries - grants to
projects, activities, capacity building, local level action v themes and prioritising
integrated approaches - supporting local led community governances, stewardship and
sustainable use of resources (e.g. locally managed marine areas); support pipeline of
scalable projects; CFPs based on country priorities to build portfolio of grant projects
(supplier does calls, evaluations, due diligence, grant making and management).
3. Responsive coastal management and governance support - demand led support to
posts (ODA eligible, non-COAST priority 6 countries) - TA expertise and analysis e.g. to
help integrate coastal/ climate / ocean issues into other sectors policy and plans;
demand mechanism for ODA HMG including communications, screening processes,
then management of TA / funding.
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Outcome 2: Vulnerable coastal communities have more resilient seafood sources and
livelihood opportunities through improved fisheries management and compliance,
improved market access, and livelihood diversification opportunities, including
aquaculture and other blue-economy-based livelihoods.
Outcome 3: Coastal communities demonstrate stronger leadership and cooperation
and benefit from more equitable access to ecosystem goods and services through
inclusive and effective governance, planning, and policy-making within government
institutions and civil society.
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COAST Facility Grant Full Application Pack
The COAST Facility is inviting your organisation to pre-qualify to provide emergency event
support. To be considered partners will need to:
Undergo our Due Diligence (DD) process which involves responding to questions from
our Grants Capacity Assessment Tool and submitting supporting documentation to
verify those responses
Submit a short application form outlining your capabilities to respond to an emergency
in our key geographies, the approach you would take to preparing for an emergency
event and how you would respond after the event has taken place.
Each application would be evaluated by our team and clarifications and improvement would be
suggested. If successful, a grant agreement would be signed which would commit to funding
for one event which could be mobilised in a short time period to allow quick and effective
interventions if an emergency should occur.
When an emergency occurs and the grant is mobilised, the COAST Facility will directly
discuss with the Grantee any budget modifications required if above the initial estimates.
Reconciliations of expenditure will take place once the intervention has taken place.
Payments will be made on a Time and Materials basis with recompense being made
against actual expenditure.
Once a grant is implemented and the agreed budget is utilised, COAST Facility can agree
to extend the grant agreement with the Grantee to prepare for the next event.
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COAST Facility Grant Full Application Pack
Only applications verified as complete and compliant, in accordance with the Conditions of
Application, will be evaluated. This includes word limits. Words that exceed the limit will not be
assessed.
Applicants must be explicit and comprehensive in their application as, subject to any
presentations referred to below, this will be the single source of information used to score and
rank applications for this stage of the competition. DAI will only take account of information
specifically asked for in the ITP.
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COAST Facility Grant Full Application Pack
No applicant will undertake any publicity activities with any part of the media in relation to this
ITP without the prior agreement of DAI, including agreement on the format and content of any
publicity. For example, no statements may be made to the media regarding the nature of any
application, its contents or any proposals relating to it without the prior written consent of DAI.
All central government departments, their executive agencies and non-departmental public
bodies are subject to control and reporting within government. They report to the Cabinet
Office and HM Treasury for all expenditure.
For these purposes, DAI may disclose within government any of the applicant’s documents
and information (including any that the applicant considers confidential and/or commercially
sensitive) provided in its application. The information will not be disclosed outside government
during the Application Process. Applicants consent to these terms as part of the Application
Process.
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4.9 Disclaimers
Whilst the information in this ITP and any supporting information referred to herein or provided
to the applicants by DAI have been prepared in good faith, DAI does not warrant (expressly or
impliedly) or represent that this information is comprehensive reasonable nor accurate, or that
it has been independently verified.
Neither DAI nor its respective advisors, directors, officers, members, partners, employees,
other staff, or agents:
makes any representation or warranty (express or implied) as to the accuracy,
reasonableness or completeness of the ITP or of any other written or oral
communication transmitted (or otherwise made available) to any Applicant;
accepts any liability for the information contained in the ITP or any other written or oral
communication (including any communications via the COAST E-Platform) transmitted
(or otherwise made available) to any applicant, or for the fairness, accuracy, or
completeness of that information; or
shall be liable for any loss or damage (other than in respect of fraudulent
misrepresentation or any other liability which cannot lawfully be excluded) arising
because of reliance on such information or any subsequent communication.
Any party considering entering into an Agreement with DAI following receipt of the ITP should
make its own investigations and independent assessment of DAI and its requirements and
should seek its own professional financial and legal advice.
Neither the issue of the ITP nor any of the information presented in it should be regarded as a
commitment or representation on the part of DAI to enter into a grant funding agreement.
Nothing in the ITP or in any other communication made between DAI and any other party,
should be interpreted as constituting an agreement or representation between DAI and any
other party (save for a formal award of grant funding) or as constituting an agreement or
representation that grant funding shall be offered.
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COAST Facility Grant Full Application Pack
at any point during the Application Process, require an applicant to certify there has
been no material change to information submitted in its application and in the absence
of such certificate, reject the application.
4.13 Costs
As stated above, the figure provided in the must be submitted in £ Sterling, inclusive of
irrecoverable VAT.
The value of any individual grant should not exceed £20,000 for the implementation of one
emergency response.
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COAST Facility Grant Full Application Pack
5. Application Guidance
Proposals will go through the following Screening steps. If the applicant and the application are
deemed eligible, they will be passed on to the technical evaluation stage.
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COAST Facility Grant Full Application Pack
Tel:
A7 Fraud prevention How will you minimise the risk of fraudulent activity occurring in
(Max 200 words) future?
A8 Confirmation of Please indicate whether you have the following documents for
key documents, your organisation. Highlight any that you do not currently have:
organisational
practices and
policies. Financial Management Policies and Procedures
Role of board/senior management in supervision of
proposed TA or grant
At Due Diligence /
grant signing Human Resources / Recruitment Policy
stage you will be Example of contract of employment and list of employees
asked to provide Ethical Behaviour and Modern Day Slavery prevention
proof / policy
documentation of
Safeguarding policy and procedures
these
Procurement and asset management polices, procedures
and methodologies
Supply Chain Management document on how partners will
be sourced and managed
Process for selection of external auditors
Internal controls for identifying and reporting terrorist
activity
Fraud, Bribery and Anti-Corruption Policy
Process for selection of external auditors
Most recent audit report
Management of potential Conflicts of Interest
Duty of Care Policy
Corporate capability and quality assurance statement
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COAST Facility Grant Full Application Pack
A9 Affiliation to Please tick to confirm that your organisation (including any key
terrorist personnel) has no links to or affiliation with:
organisations /
activities and / or
sanctioned Terrorist organisations or activities -
entities / Sanctioned entities or countries -
countries
Section B: Key Project Partner/s Information- Partner 1* (Duplicate table to be available for
more than one partner). This section will be screened for eligibility.
.
B1 Organisation
name
B2 Registration or
charity number
(if applicable)
B3 Date of
incorporation /
registration
B4 Web address
(if applicable)
B5 General email
address
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Tel:
B7 Which of the Select a maximum of two categories:
following best Non-Governmental Organisation (NGO)
describes your
organisation? Disabled Peoples’ Organisation (DPO)
Civil Society Organisation (CSO)
Community Based Organisation (CBO)
Parastatal organisations
Academic / Research Institute
Multilateral organisation
Social development organisation
Indigenous People’s Organisation (IPO)
Private Sector
Other... [please specify]
B10 Fraud Are you aware of any fraudulent activity within your organisation
within the last 5 years?
B11 Fraud How will you minimise the risk of fraudulent activity occurring in
prevention (Max future?
200 words)
Please list the last 3 year’s annual income (in GBP, £) for the
organisation:
2022/23: £00.00
B12 Financial history 2023/24: £00.00
2024/25: £00.00
Note that evidence of audited accounts may be required during the
due diligence exercise
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C6 MEL Resourcing Do you have capacity to measure the results of your Not
and ways of intervention, either independently or in collaboration score
working with COAST Facility? d
(Max 250 words) Will your organisation be able to grant COAST Facility
access to the project and its participants for results
measurement?
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C7 Poverty reduction & Please demonstrate how gender equity, disability, and /8
GEDSI social inclusion (GEDSI) and poverty reduction will be
addressed in your emergency response by providing
detail on the approach, including design, delivery, and
(Max 400 words) monitoring. Please note, the intention should be to build
back better, wherever possible.
Section D; Project finance This section will be scored as part of a competitive evaluation for
open competitions.
D2 Financial Please confirm in text the total GBP (£) amount
Narrative requested from COAST to deliver the project.
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6. Clarification requests
The COAST team is based across Indonesia, Mozambique, the Philippines, Vietnam and the
UK. Each Country Grant Manager is the primary recipient and manager of each grant
application for their Country Team. To request clarification or support with completing this
Concept Note, please reach out to:
Indonesia Grant Manager, Nurlia Wuliyanti, nurlia_wuliyanti@[Link]
Mozambique Grant Manager, Nelia Ombe, nelia_ombe@[Link]
Philippines Grant Manager, Godofredo Villapando, godofredo_villapando@[Link]
Vietnam Grant Manager, TBC
When sending clarification requests, please add into the email subject: “COAST - Grant
Project Title and Name of the Organisation/Institution (Grant Applicant)”.
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COAST Facility Grant Full Application Pack
We have examined the Invitation to Propose for grant funding (ITP) and hereby offer to start
the approved project in accordance with the attached documents commencing XXXX until
XXXX.
General
We confirm that:
g. There are no circumstances affecting our organisation which could give rise to an actual
or potential conflict of interest that would affect the integrity of DAI’s decision making in
connection with the ITP pack;
h. If there are or may be such circumstances giving rise to an actual or potential conflict of
interest, we have disclosed this in full to the DAI.
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j. We have not made arrangements with any other party about whether or not they may
submit an application except for the purposes of forming a joint venture.
Signed by ____________________________
Date ____________________________
Position _____________________________
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whether the malicious software is introduced wilfully, negligently or without knowledge of its
existence;
“Period of Performance” - the period between the Start Date and End Date (or earlier
termination in accordance with Clause 15 of this Agreement);
“Personal Data” shall have the same meaning as in the Data Protection Legislation;
“Request for Information” – a request for information under Disclosure Legislation and any
subordinate legislation;
“Terrorism Legislation” – the UK Terrorism Act 2000 as amended and found at
[Link] and the UK Terrorism (United Nations
Measures) Orders 2009 and found at
[Link]
1. Period of Performance
1.1 This Agreement shall commence on XXXX and continue until the XXXX both listed on
the front of this Agreement unless terminated earlier in accordance with Clause 15 of
this Agreement.
1.2 The grant amount awarded is included in Annex One.
2. Delivery
2.1 The Grantee has full responsibility for executing the Agreement and for complying with
the terms herein. Although the Grantee is encouraged to ask for the opinion of, and
support from, DAI regarding any specific challenges that may arise, the ultimate
responsibility of executing this Agreement and complying with award conditions remains
with the Grantee. The award of this Agreement does not imply that DAI will assume
responsibility for operational decisions made by the Grantee. The Grantee must
immediately notify DAI of any significant problems associated with the administrative or
financial aspects of the grant award as they arise. The Grantee must inform DAI
promptly of any changes in its officers, name, legal status, address, or telephone
number.
2.2 The Grantee and its personnel are expected to adhere to DAI’s Global Code of Ethics
and Compliance Policy and DAI’s Modern Day Slavery and Anti-Human Trafficking
statement, both of which can be accessed online at
[Link] The Grantee agrees that during the
Period of Performance it shall adhere to this Agreement and all references to other
documents mentioned herein.
2.3 The Grantee shall deliver the services in this Agreement in compliance with Client
requirements included in Annex Eight of this Agreement, for the avoidance of doubt
this includes both the Client’s Code of Conduct and the Safeguarding requirements. The
Grantee must be able to demonstrate how they are meeting these expectations
throughout the Period of Performance which DAI may request at any time.
2.4 DAI is committed to conducting business in an open and accountable way. The Grantee
is expected to promote a positive work environment which values equal opportunity free
of unlawful discrimination, bullying, or harassment and complies with international
standards that protects human rights, worker rights, local community, safety, labour
relations, prevents child labour, and promotes positive community
relations/development.
2.5 DAI recognises the importance of minimising environmental impacts of our own
operational activities and indirectly through the activities of our grantees. The Grantee is
expected to:
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an up-to-date and accurate inventory of equipment and items valued at GBP £500 or
higher and that have a useful life of one year or more.
5.5 Client funding will not be used to meet the costs of any other expenditure, in particular
(but non-exhaustively):
lobbying UK government, i.e. activities which aim to influence or attempt to
influence Parliament, UK government or political activity, or UK legislative or
regulatory action;
to petition UK Government for additional funding;
input VAT reclaimable by the grant recipient from the UK government;
activities which may lead to civil unrest;
activities which discriminate against any group on the basis of age, gender
reassignment, disability, race, colour, ethnicity, sex and sexual orientation,
pregnancy and maternity, religion or belief;
interest payments or service charge payments for finance leases;
gifts;
statutory fines, criminal fines or penalties;
payments for works or activities which the grant recipient, or any member of
their partnership has a statutory duty to undertake, or that are fully funded by
other sources;
activities in breach of EU legislation on state aid;
bad debts to related parties;
payments for unfair dismissal or other compensation;
to replace or refund any funds lost to fraud, corruption, bribery, theft, terrorist
financing; or
other misuse of funds.
6. Procurement
6.1 When items are purchased under this Agreement, all appropriate documentation must
be provided to justify the purchase, together with a comparative table and at least three
price quotations. If it is not possible to obtain three price quotations (e.g. if only one or
two suppliers exist), price justification should be presented in writing. For items costing
more than GBP £500, at least three price quotations must be presented and shown on
a comparative table, and the Grantee must select the best option based on price and
quality. Principles of value for money and best practices in procurement shall be
applied.
6.2 Any procurement that exceeds GBP £20,000, whether for a single or multiple items
must be reviewed by DAI in advance of the finalisation of the procurement to validate
the Grantee’s procurement process.
6.3 The Grantee shall pay all undisputed invoices within 30 days of receiving a valid invoice
from any procurement or supplier supplying services to the Grantee for the purposes of
this Grant and agrees to allow the Client to publish the Grantees compliance with this
Clause 6.3.
7. Payments and Recovery
7.1 DAI acts as a grant management agent on behalf of the Client. Funds issued under this
Agreement by DAI are fully accountable to the Client. It is both DAI’s and the Grantee’s
responsibility to ensure those funds are utilised for their intended purposes.
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7.2 DAI may, under specific circumstances and at its sole discretion, provide an advance
payment to the Grantee. If an advance payment is agreed with DAI in writing, then DAI
requires the Grantee to have a separate bank account in accordance with the other
terms of this Agreement, for the avoidance of doubt, a separate bank account will
always be one of the requirements for DAI to agree to an advance payment.
7.3 The Grantee undertakes to repay to DAI any amounts paid in excess of approved
invoices within 30 days of receiving a request to do so. Amounts to be repaid to DAI
may be offset against amounts of any kind due to the Grantee. This shall not affect the
Parties’ right to agree on payment in instalments. Bank charges incurred due to the
repayment of amounts due to DAI shall be borne entirely by the Grantee. Should the
Grantee fail to make repayment within the deadline set by DAI, DAI may increase the
amounts due by adding interest at the prevailing market rate plus three basis points.
Any partial payments shall first cover the interest thus established.
7.4 DAI shall make payments to the Grantee for reasonable Eligible Costs. Items prohibited
by the Client and those that do not adhere to the conditions listed under Eligible Costs
in Annex Two shall not be reimbursable. The Grantee shall submit to DAI a
Reimbursement Request Form and Financial Report as found in Annex Three.
Payments shall be made by DAI after receipt, verification, and approval by DAI of the
Financial Report as found in Annex Three.
7.5 DAI, in its sole discretion, may determine that the work undertaken by the Grantee was
of a poor or inadequate quality and reserves the right to withhold full or partial payments
of the grant funding until DAI is satisfied with the performance of the work.
7.6 DAI retains the right to conduct an on-site verification to review all necessary supporting
documentation and evidence (including site visits), in line with Clause 9 of this
Agreement, at any time including prior to release of the next payment.
7.7 The time limit for payment shall begin again on the date on which an adequate request
for payment is submitted to DAI.
8. Return of Funding
8.1 In accordance with Clause 5.2, funds provided under this Agreement or any assets or
premises purchased for the Programme shall be used solely for the purposes described
in Annex One.
8.2 DAI, in its sole discretion, may determine that funds disbursed to the Grantee were
used for questionable or unallowable expenses or expenses that otherwise do not
comply with the terms and conditions of this Agreement. Upon such determination, DAI
may demand the return of these funds and the Grantee agrees to return any such
demanded funds.
8.3 Should the Grantee be liquidated or sold, all unspent funds should be returned to DAI
immediately unless otherwise agreed in writing with DAI.
9. Verification & Financial Audit
9.1 The Grantee shall allow DAI or its representatives to verify, by examining the
documents or by means of on-the-spot checks, the implementation of the Programme.
The Grantee shall maintain financial records, including receipts, time sheets, and other
accounting documentation to sufficiently substantiate Grant expenses to DAI and to
allow for an accounting of costs under this Agreement. This shall be separate from the
cost accounting of funding from other sources.
9.2 The Grantee shall keep accurate and regular records and accounts of the
implementation of the Programme using a dedicated book-keeping system as part of, or
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as an adjunct to, the Grantee’s own accounts. This dedicated system shall be run in
accordance with the procedures dictated by professional practices. All financial records
and documentation shall be kept available for seven (7) years after completion of this
Agreement. These records shall be made available to DAI or it’s representatives for
review at any time.
9.3 The Grantee shall allow DAI’s internal auditors or appointed third party auditors, by
examining the documents or by means of on-the-spot checks, to conduct a full audit of
the Programme. The audit shall be based on supporting documents for the accounts,
accounting documents and any other document relevant to the financing of the
Programme. Audits may take place up to seven (7) years after the payment of the
balance of the grant. The Grantee shall allow DAI’s internal auditors or appointed third
party auditors appropriate access to the sites and locations at which the Programme is
implemented, including its information systems, as well as all documents and databases
concerning the technical and financial management of the Programme and to take all
steps to facilitate their work. Access given to agents of DAI’s internal auditors or
appointed third party auditors shall be on the basis of confidentiality with respect to third
parties, without prejudice to the obligations of public law to which they are subject.
Documents must be easily accessible and filed so as to facilitate their examination and
the Grantee must inform DAI of their precise location.
9.4 The documents referred to in the preceding paragraph include:
For works, supplies and services:
o Bids from suppliers;
o Contracts and order forms;
o Invoices and proofs of payment or settled invoices; if supplies come
from the Grantee’s stocks, invoices shall reflect the price paid at
the time of purchase. A copy of the purchase invoice must be
attached;
For technical staff costs:
o Statements of Work, Terms of Reference and qualification where
necessary for each consultant paid, approved by the person in
charge locally;
o Complete and accurate timesheets for the period of performance,
detailing hours worked and type of activity, signed by the consultant
and approved by the person in charge locally;
o Document indicating receipt of payment by the consultant, signed
by both the consultant and the person in charge locally;
o Documentation demonstrating proof of payment of any relevant
income and social security taxes.
10. Grant Close Out
10.1 Grant close out is accomplished with DAI’s acceptance of the final deliverables from the
Grantee and disbursement of final payment by DAI to the Grantee. After the final
payment is received and the Grant close out occurs, the Grantee must certify in writing
that DAI has paid the Grantee in full and DAI no longer has any financial obligations to
the Grantee.
10.2 Within fourty-five (45) days prior to the end of the Period of Performance, the Grantee
will provide DAI with a complete list of all non-expendable property, its location and
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condition. The Grantee will provide DAI with a copy of the proposal to transfer this
equipment. Within 45 days of receipt of the copy of the proposal, DAI will give its reply
about the actual transfer. Any deviation to this Clause 10 must be agreed in writing with
DAI or the Programme.
10.3 The Grantee shall develop a close out plan as agreed with DAI and present it to DAI 90
days prior to the end of the grant. DAI reserves the right to withhold 50% of the final
payment to ensure all work is completed to DAI’s satisfaction.
10.4 The Grantee acknowledges that DAI may be required to answer Client questions and/or
provide the Client with more information after the Period of Performance has ended, the
Grantee agrees to assist DAI with any requests including answering questions in a
timely manner.
10.5 The rights and obligations under Clause 10.4 shall survive cancellation, expiration, or
termination of this Agreement by either Party for any reason.
11. Confidential Information
11.1 The Grantee acknowledges that, under this Agreement, it may have access to and/or be
entrusted with Confidential Information of DAI, the Client, and/or the Programme.
11.2 The Grantee shall not, other than in the proper performance of the Agreement, either
during the Period of Performance or at any time after its termination disclose or permit
the disclosure of Confidential Information to any person except as authorised by DAI or
the Client in the course of the provision of the Services; or use Confidential Information
for the Grantee’s own purposes or for any purposes other performing its obligations
under this Agreement.
11.3 The Grantee will only disclose Confidential Information to Personnel who are directly
involved in the provision of the Grant and who need to know the information in order to
fulfil the purposes of the Grant and the Parties will ensure that such Personnel are
aware of, and will comply with, these obligations and will sign any required
confidentiality undertakings provided by the Grantor, Grantee, and/or the Client on
request.
11.4 The Grantee’s obligations under this Clause will not extend to Confidential Information
which:
11.4.1 DAI agrees in writing is not Confidential Information;
11.4.2 at the time of disclosure was in the public domain or subsequently enters into
the public domain other than as the direct or indirect result of a breach of this
Clause by the Grantee
11.4.3 the Grantee can prove to the reasonable satisfaction of DAI from written
records or other substantive evidence of prior disclosure under this Clause;
11.4.4 has been received by the Grantee at any time from a third party who did not
acquire it in confidence and who is free to make it available to the Grantee; or
11.4.5 was independently developed by the Grantee without any breach of this
Agreement.
11.5 In the event that the Grantee or any of Grantee Personnel is required by any statutory,
legal or judiciary order to disclose the Confidential Information, the Grantee shall:
11.5.1 notify DAI of such requirement (together with the details) as soon as
practicable;
11.5.2 if requested by DAI or the Client, assist DAI and/or the Client in the challenge
or mitigation of such order; and
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13.2 Background Intellectual Property belonging to either Party which may be contributed to
or disclosed by that Party in connection with the performance of the Services, shall at all
times remain the sole and exclusive property of the disclosing Party.
13.3 Any Foreground Intellectual Property which arises in the course of this Agreement by
the Grantee shall be owned by the Grantee provided that:
13.3.1 the Grantee hereby grants to the Client a worldwide, non-exclusive,
irrevocable, royalty free, sublicensable and transferable perpetual licence to
use the Foreground Intellectual Property; and
13.3.2 the Grantee shall refrain from including the name, logo and/or trademark of
DAI and/or the Client in the Grantee’s own use of such Foreground
Intellectual Property.
13.4 The Grantee hereby grants to the Client, a worldwide, non-exclusive, irrevocable,
royalty-free, sublicensable and transferable perpetual licence to use the Background
Intellectual Property necessary to make use of Foreground Intellectual Property only.
13.5 The Grantee grants to DAI a licence to use Background Intellectual Property referred to
in Clause 13.3 and the Foreground Intellectual Property referred to in Clause 13.4 for
the purposes of administering this Agreement.
13.6 If any third party claims that the possession, use and/or receipt by any Indemnified
Party of the Services and/or the supply of all or any part of any goods, materials or
other items to any Indemnified Party by or on behalf of the Grantee (“Indemnified
Items”) infringes the Intellectual Property Rights of that third party or of another person
(“IPR Claim”), the Grantee will indemnify each Indemnified Party against all losses
(including without limitation all direct, indirect and consequential losses), liabilities, costs
(on a full indemnity basis and including without limitation legal and other professional
costs and costs of enforcement), damages and expenses that the Indemnified Party
does or will incur or suffer, all claims or proceedings made, brought or threatened
against the Indemnified Party by any person and all losses (including without limitation
all direct, indirect and consequential losses), liabilities, costs (on a full indemnity basis
and including without limitation legal and other professional costs and costs of
enforcement), damages and expenses the Indemnified Party does or will incur or suffer
as a result of defending or settling any such actual or threatened claim or proceeding, in
each case arising out of or in connection with that IPR Claim.
13.7 The rights and obligations under this Clause shall survive cancellation, expiration, or
termination of this Agreement by either Party for any reason.
14. Subgrant
14.1 No further subcontracting or subgranting under this Agreement is permitted without
DAI’s written approval.
14.2 Any such subcontract or subgrant does not exempt the Grantee from technical delivery,
performance, financial management, and compliance.
15. Termination and Suspension
15.1 DAI may, in its sole discretion, suspend or terminate this Agreement, or any part of the
services, by giving thirty (30) days’ notice to the Grantee.
15.2 DAI may suspend or terminate the Agreement upon written notice, with immediate
effect, in the circumstance where:
15.2.1 the Grantee fails, without justification, to fulfil any of the obligations incumbent
on it and, after being given notice by letter to comply with those obligations,
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15.7 Prior to, or instead of, terminating the Agreement, DAI may suspend payments to the
Grantee as a precautionary measure without prior notice as determined by DAI.
16. Indemnification and Limitation of Liability
16.1 The Grantee shall fully indemnify DAI, its directors, officers, employees, agents, and
Affiliates (the “Indemnified Parties”) against all losses, liabilities, costs, damages and
expenses (including but not limited to reasonable attorney’s fees) that each Indemnified
Party does or will incur or suffer, all claims or proceedings made, brought or threatened
against any Indemnified Party by any person (an “Indemnified Claim”) and all losses,
liabilities, costs (on a full indemnity basis), damages and expenses (including but not
limited to reasonable attorney’s fees) each Indemnified Party does or will incur or suffer
as a result of defending or settling any such actual or threatened claim or proceeding, in
each case arising out of or in connection with the Grantee’s failure to perform its
obligations in accordance with this Agreement (including without limitation its
performance of the Services). This Clause is subject to reasonable cooperation by DAI
in the defence as the Grantee may request; however, DAI reserves the right to
participate in and direct the defence against the Indemnified Claims and to select legal
counsel. The Grantee shall not proceed with any settlement of any Indemnified Claim
without the prior written consent of DAI.
16.2 The Grantee shall comply with one of the following scenarios in performing their
obligations under this Agreement, with Clause 16.2.1 being the primary obligation
however if the Parties agree in writing that this is not possible then Clause 16.2.2 shall
apply:
16.2.1 the Grantee shall effect and maintain policies of insurance which, as a
minimum, shall cover its liabilities under this Agreement. The Grantee shall
maintain professional indemnity insurance with coverage not less than the
ceiling value of the Agreement. Proof of insurance, such as an insurance
certificate, showing compliance by the Grantee with the insurance
requirements of this Agreement shall be provided to DAI upon request.
16.2.2 the Grantee is not able to obtain insurance in the country or for the industry
they are in, the Grantee agrees to indemnify DAI directly for any liabilities
incurred under this Agreement.
16.3 Subject to Clauses 16.1 and 16.2, DAI’s maximum aggregate liability arising out of or in
connection with this Agreement, whether in contract, tort, misrepresentation, restitution,
under statute or otherwise, including (without limitation) any liability under an indemnity
contained in this Agreement and/or arising from a breach of, or a failure to perform or
defect or delay in performance of, any of its obligations under this Agreement, in each
case howsoever caused including (without limitation) if caused by negligence, will be
limited to the value of this Agreement.
16.4 Subject always to Clause 16.5, DAI will have no liability in contract, tort,
misrepresentation, restitution, under statute or otherwise to the Grantee including
(without limitation) if caused by negligence for any:
16.4.1 loss of profit (whether direct, indirect or consequential);
16.4.2 loss of revenue, loss of production or loss of business (in each case whether
direct, indirect or consequential);
16.4.3 loss of goodwill, loss of reputation or loss of opportunity (in each case
whether direct, indirect or consequential);
16.4.4 loss of anticipated savings or loss of margin (in each case whether direct,
indirect or consequential);
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restore the services to their desired operating efficiency, particularly if the Malicious
Software causes loss of operational efficiency or loss or corruption of Client data.
19.3 Any cost arising out of the actions of the Parties taken in compliance with the provisions
of Clause 19 shall be borne by the Parties as follows:
19.3.1 By the Grantee where the Malicious Software originates from the Grantee
software, third party software or DAI data (whilst the DAI data was under the
control of the Grantee); and
19.3.2 By DAI if the Malicious Software originates from DAI software or DAI data
(whilst DAI data was under the control of DAI).
20. Visibility and Branding
20.1 Though this Agreement has been issued by DAI, this designation is for contractual and
financial purposes only. For all technical and programmatic matters and in all public
statements, the Grantee should refer to the Programme as a Client programme rather
than a DAI Programme, except where requested by DAI. DAI will provide further
information on the specific branding policy and guidelines for this Programme.
20.2 The Grantee shall have no contact with the press or DAI’s Client about the work being
performed under this Agreement or the contents of this Agreement without prior written
approval from a DAI Designated Representative.
20.3 The Grantee agrees to follow the Client’s and Programmes’ visibility, branding and
marketing guidelines which will be provided by DAI and may change from time-to-time.
20.4 The Grantee shall mention the Programme and the Client’s financial contribution in
information given to the stakeholders of the Programme, in its internal and annual
reports, and in any dealings with the media. Any notice or publication by the Grantee
concerning the Programme, including those given at a conference or seminar, must
specify that the Programme has received Client funding.
20.5 The Grantee authorises DAI to publish its name and address, the purpose of the grant,
and the general description of the Programme, its results and impact as well as the
possible encountered problems, the maximum amount of the grant, and the rate of
funding of the Programme’s Eligible Costs.
21. Digital Spending
21.1 The Grantee shall seek approval for the development and delivery of digital elements of
externally facing administration and programme work. Digital is defined as any service
provided through the internet or mobile to citizens, businesses, and civil society or non-
government organisations. This includes, but is not limited to information services,
websites, transactional services, web applications (e.g. maps), mobile apps, and
extranets. This includes services provided by others but funded by Client. All costs
related to digital spend shall be reported back to DAI.
22. IATI
22.1 The Grantee acknowledges that DAI endorses/supports the requirements of the
International Aid Transparency Initiative (IATI) standard and shall assist and cooperate
with the Client, to enable the Grantee to understand the different elements of IATI
implementation and to comply with the different data, policy and technical
considerations that need to be taken into account. Information on IATI can be found at
[Link]
22.2 The Grantee shall publish information data to the IATI standard, that relates to a specific
activity in a single, common, electronic format for the transparent, accurate, timely and
comprehensive publishing of data, on all activities in the supply chain, in the delivery of
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development cooperation and humanitarian aid and provide all necessary assistance as
reasonably requested by Client to enable Client to respond to IATI requirements.
23. Anti-Bribery and Anti-Corruption
23.1 The Grantee shall:
23.1.1 comply with all applicable laws, statutes, regulations and codes relating to
anti-bribery and anti-corruption, including but not limited to, the U.S. FCPA
and the UK’s Bribery Act 2010;
23.1.2 not engage in any activity, practice or conduct which would constitute an
offence under the Bribery Act 2010, if such activity, practice or conduct had
been carried out in the UK;
23.1.3 not engage in any activity, practice or conduct which would constitute an
offence under the FCPA;
23.1.4 promptly report to DAI any request or demand for any undue financial or other
advantage of any kind received by it in connection with the performance of
this Agreement;
23.1.5 immediately notify the other in writing if a foreign public official becomes an
officer or employee of the Grantee or acquires a direct or indirect interest in
the Grantee, and the Grantee warrants that it has no foreign public officials as
officers, employees or direct or indirect owners at the Start Date of this
Agreement;
23.1.6 where DAI requests, within twelve (12) months from the date of this
Agreement, and annually thereafter for the duration of this Agreement, certify
to DAI in writing signed by an officer of the Grantee, compliance with this
Clause 23 by the Grantee and all persons associated with it. The Grantee
shall provide such supporting evidence of compliance as DAI may reasonably
request; and
23.1.7 in the case of the Grantee, provide such information as DAI may reasonably
require to enable DAI to comply with its obligations under the FCPA and UK’s
Bribery Act 2010, including (without limitation) obligations to undertake
appropriate due diligence on entities with which it contracts.
23.2 For the purpose of this Clause 23, the meaning of adequate procedures and foreign
public Official and whether a person is associated with another person shall be
determined in accordance with the FCPA and/or section the Bribery Act and any
associated guidance.
24. Anti-Terrorism & Staff Vetting
24.1 The Grantee shall comply at all times throughout the Period of Performance to the
obligations laid out in DAI’s Due Diligence policy. If DAI determines, in its sole discretion
at any time during the Period of Performance, that the Grantee has not complied with
the obligations laid out in the Due Diligence policy, then DAI may terminate this
Agreement in accordance with Clause 15 of this Agreement.
24.2 The Grantee shall comply with the DAI Staff Vetting Procedures in respect of all
Grantee’s Personnel employed or engaged in services. The Grantee confirms that all
Grantee Personnel employed or engaged by the Grantee at the Start Date of this
Agreement were vetted and recruited on a basis that is equivalent to and no less strict
than DAI Staff Vetting Procedures. If DAI determines, in its sole discretion at any time
during the Period of Performance, that the Grantee has not complied with the
obligations laid out in the Staff Vetting Procedure, then DAI may terminate this
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Agreement in accordance with Clause 15 of this Agreement. DAI retains the right to
request evidence from the Grantee that Staff Vetting has been completed.
24.3 In accordance to the Terrorism Legislation and all subsequent regulations pursuant to
this, the Grantee will assure itself to the best of its knowledge that Client funding,
including financial assets or economic resources is not made available, either directly or
indirectly to, or for the benefit of persons, groups or entities listed in the Terrorism
Legislation, or contravene the provisions of those and any subsequent applicable
terrorism legislation.
24.4 The Grantee represents and warrants that neither it, nor to the best of its knowledge
any Grantee Personnel, servants, agents or subcontractors, or any person acting on
their behalf, have at any time prior to the Commencement Date and/or during the term
of this Agreement appeared on the UK Government terrorist watch list.
24.5 The Grantee shall immediately notify DAI in writing if it becomes aware of any breach of
Clause 24.1 and/or 24.2, or has reason to believe that it has or any Grantee Personnel,
servants, agents or sub-contractors, or any person acting on their behalf have:
24.5.1 been subject to an investigation or prosecution which relates to an alleged
infringement of these Clauses 24.3 and/or 24.4;
24.5.2 been listed by any government department or agency as being debarred,
suspended, proposed for suspension or debarment, or otherwise ineligible for
participation in government procurement programmes or contracts.
24.6 Where the Grantee or any of his employees, servants, agents or sub-contractors, or any
person acting on their behalf, breaches any of the acts mentioned in Clauses 24.3 or
24.4 commits any offence under the Terrorism Legislation, with or without the
knowledge of the Grantee, in relation to this Agreement or any other contract with the
Crown, DAI shall be entitled:
24.6.1 to terminate the Agreement with immediate effect by written notice to the
Grantee and recover from the Grantee the amount of any loss resulting from
the termination;
24.6.2 to recover from the Grantee any other loss sustained as a result of any
breach of this Clause 24, whether or not the Agreement has been terminated.
25. Due Diligence
25.1 DAI and/or the Client retains the right to conduct additional due diligence at any time
during the performance of the Grant Agreement and the Grantee agrees to cooperate
with DAI and/or the Client to the maximum extent.
25.2 The Grantee will exercise the same care in the discharge of its functions under this
Agreement as it exercises with respect to the administration and management of its
own resources and affairs. The Grantee shall co-operate fully with any due diligence
assessment by DAI or its agents, of the Grantee’s own internal controls and system
prior to or during the implementation of the project, and take appropriate action on any
recommendations arising. This requirement will also apply to any subcontractor of the
Grantee.
25.3 The Grantee will regularly assess the internal controls and systems of any subgrant.
These assessments will be shared with DAI if required and should include assessment
of the following:
25.3.1 the reliability, integrity and efficiency of the subcontractor’s control, systems
and processes including compliance with relevant legislation, regulations,
rules, policies and procedures; Whether the subcontractor can deliver with
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success the relevant outputs based on its processes, past experience and
whether they have the sufficient staff capacity and capability available;
25.3.2 The subcontractor’s ability to correctly manage and account for Grant funds
and assets as well as its financial health; and where applicable, whether the
subcontractor has sufficient capacity and capability to properly monitor and
control their business.
26. Force Majeure
26.1 Neither Party shall be in breach of this Agreement nor liable to the other Party in any
way whatsoever for any failure or delay in performing any of its obligations under this
Agreement due to any unforeseen, unavoidable, outside major event that is beyond the
reasonable control of that Party, such as a force majeure event, provided that:
26.1.1 the date for performance of the obligation which has been delayed by the
outside force or event shall be deemed suspended only for a period equal to
the delay caused by that outside force or event;
26.1.2 the Party seeking to exempt itself from liability by virtue of the provisions of
Clause 26 has given written notice to the other Party within fourteen (14) days
of becoming aware of the outside force or event;
26.1.3 the Party seeking to exempt itself from liability by virtue of the provisions of
Clause 26 shall at all times use its reasonable endeavours to mitigate the
severity of the outside force or event;
26.1.4 if the delay caused by the outside force or event continues for a period of one
(1) month in aggregate, the Party not seeking to exempt itself from liability by
virtue of the provisions of Clause 26 will have the right to terminate this
Agreement forthwith by notice at any time after the expiry of such one (1)
month period without incurring any liability to the other Party as a result; and
26.1.5 the Party seeking to exempt itself from liability by virtue of the provisions of
Clause 26 will not be entitled to payment in respect of extra costs and
expenses incurred by virtue of the outside force or event.
27. Assignment & Novation
27.1 The Grantee shall not, without the prior written consent of DAI, assign or transfer or
cause to be assigned or transferred, whether actually or as the result of takeover,
merger or other change of identity or character of the Grantee, any of its rights or
obligations under this Agreement or any part, share or interest therein.
27.2 DAI may novate this Agreement as required by the Client or where DAI decides in it’s
sole discretion to do so for business reasons.
28. Severability
28.1 Each provision of this Agreement shall be construed separately. If any Clause of this
Agreement is determined by any court or other competent authority to be unlawful or
unenforceable, the other Clauses of this Agreement shall continue to be in effect.
29. Survival
29.1 The provisions of all Clauses in the Agreement, together with any other provisions
which expressly or impliedly continue to have effect after expiry or termination of the
Agreement, shall survive any termination or expiration of this Agreement.
30. Translation
30.1 Where the Grantee translates this Agreement into any other language other than
English, the Grantee shall be responsible for any costs associated with that task.
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30.2 This Agreement and the terms included in it will only be binding in the English language.
31. Entire Agreement & Modification
31.1 This Agreement constitutes the entire agreement between the Parties and supersedes
any understanding or representation of any kind preceding the date of this Agreement.
There are no other promises, conditions, understandings, or other agreements, whether
written or oral, relating to the subject matter of this Agreement.
31.2 This Agreement may be modified or amended in writing, signed by both the DAI and the
Grantee.
31.3 This Agreement may be executed in any number of counterparts, each of which when
executed shall constitute a duplicate original, but all counterparts together shall
constitute the one Agreement.
32. Dispute Resolution and Governing Law
32.1 In the event of any disputed issue arising out of this Agreement, within 10 days of such
issue arising, an authorised DAI representative shall render an initial decision on the
issue in dispute, reduce this decision to writing and mail a notice thereof to the Grantee.
If the Grantee disagrees with the decision, the Parties shall use reasonable endeavours
to resolve the issue in dispute through amicable negotiation.
32.2 Where the Parties are unable to resolve the dispute within thirty (30) days of receipt by
the Grantee of the Initial Dispute Decision, the Parties may refer the issue in dispute to
the English courts in accordance with Clause 32.3 below.
32.3 This Agreement shall be governed by English law
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