USAID/Sudan Implementing Partner Guidance with Q&A

Last Updated: September 11, 2023

We would like to reassure you that USAID/Sudan remains steadfastly committed to the safety and security of all of our Implementing Partners operating in Sudan. Please see below General Information and Guidance for Implementing Partners with regard to the current situation in Sudan.

GENERAL INFORMATION:

Department of State Travel Advisory: On April 22, 2023, the U.S. State Department reissued the Sudan travel advisory Level 4 with updates to the security situation and post departure status.
U.S. Embassy Khartoum Security Alert: U.S. Embassy Khartoum provides frequent Security Alerts for U.S. Citizens. Please continue to monitor the Embassy’s website at https://sd.usembassy.gov/ for the latest updates.
Emergency and other Messages for U.S. Citizens: Travel information for U.S. citizens is provided by the U.S. State Department’s Bureau of Consular Affairs. All U.S. citizens are strongly encouraged to register with the Smart Traveler Enrollment Program (STEP) to receive information on a timely basis. https://step.state.gov/step/

USAID/SUDAN GUIDANCE FOR IMPLEMENTING PARTNERS

Organizations operating under USAID contracts should follow and implement their internal organization policies and security plan regarding the drawdown or relocation of AMCIT, TCN, and CCN staff independently of the U.S. Embassy or USAID (contractors should focus special attention to the Federal Acquisition Regulation (FAR), USAID Acquisition Regulation (AIDAR), Agency policies on specific topics under sections of the Code of Federal Regulations (CFRs), and the 300 Series of the Automated Directives System (ADS) as incorporated in your respective contract).

For specific information on authorizations for Sudan programming, please refer to Guidance to USAID/Sudan Implementing Partners - released April 27, 2023, and Updated Guidance to USAID/Sudan Implementing Partners on Administrative Approvals - released May 11, 2023. Please visit the USAID/Sudan website for the latest updates and issued guidance.

USAID/Sudan website:

https://www.usaid.gov/sudan

U.S. or non-U.S. organizations operating under USAID assistance mechanisms, to include cooperative agreements, grants, or PIO agreements should follow and implement their internal organization policies and security plan regarding the drawdown or relocation of AMCIT, TCN, and CCN staff independently of the U.S. Embassy or USAID (recipients should focus special attention on Title 22 Code of Federal Regulations (CFR) Part 226 or 2 CFR 200 as incorporated in your respective agreement).

USAID/Sudan website:

https://www.usaid.gov/sudan

USAID/Sudan will continue to maintain contact with all of our Implementing Partners throughout this situation. As necessary USAID may request our partners to provide additional information on their (planned or actual) drawdown or relocation of AMCITs, TCNs, and CCNs.

REDIRECTING PROGRAMMING and/or MODIFYING AWARDS

USAID recognizes that it may not be possible under current circumstances to continue with normal project implementation. To the extent that any USAID Implementing Partner (whether under a contract, cooperative agreement, grant, or PIO agreement) needs to modify implementation of a previously agreed upon project action plan, the Implementing Partner must notify their respective COR/AOR/Activity Manager and CO/AO. USAID is not expecting or directing Implementing Partners to continue implementation if it would place their staff or beneficiaries at the risk of harm.

For USAID/Sudan Mission-based awards, please note: USAID/Sudan has requested Implementing Partners to review their awards to identify any needed or recommended pivots to their award programming and/or budgets. Implementing Partners should work with their COR/AOR and CO/AO in assessing the need to redirect programs and/or modify awards in response to the current situation. Simultaneously, USAID welcomes proactive evaluation by Implementing Partners of the operational context and environment and assessing what adjustments may need to be made or could be made to their workplan or award. USAID will continuously monitor and evaluate this posture as the situation evolves.

For BHA, OTI, and other awards administratively managed outside of USAID/Sudan, please note: these Implementing Partners should contact their COR/AOR in regards to programmatic pivots, expansions, assessments, or other questions.

USAID understands that some USAID contractors and recipients may find themselves incurring additional implementation costs not originally envisioned to take safety measures and protect staff. USAID will consider any additional costs on a case-by-case basis, provided that such costs are, “allowable, allocable, and reasonable.”

Please note: The aforementioned additional unforeseen implementation costs are subject to audit. Should an organization indeed have incurred significant costs beyond those envisioned in the contract, grant, or cooperative agreement, please coordinate with the respective COR/AOR/Activity Manager as well as the CO/AO.

Implementing Partners should not undertake any new work or change approved work plans without consulting their respective COR/AOR/Activity Managers and CO/AO and receiving written authorization to do so.

USAID/Sudan would like to inform the potential Applicants regarding the suspension of the Annual Program Statement (APS) Number: 72066723APS00001 “Support to Locally-led Development Approaches - USAID/Sudan” considering the ongoing security conditions in Sudan. The call for Concept Papers, for all Addenda, under the APS has been suspended until further notice. USAID/Sudan will continue to evaluate options for programming and will update the status of the APS as soon as possible.

QUESTIONS AND ANSWERS (Q&As)

Question: We have a deliverable-based contract with USAID and cannot meet our deliverables because of the change in the security situation. Will the Agency provide guidance?

USAID Response: If you feel that you cannot continue program implementation due to security concerns, whether you are a contractor or recipient, please notify your COR or AOR as well as the CO/AO immediately.

Question: Will USAID push back dates for upcoming solicitations pending the resolution of the current crisis? When might we expect an update to the USAID business forecast?

USAID Response: The call for Concept Papers, for the Addenda under Annual Program Statement (APS) Number: 72066723APS00001 for the Support to Locally Led Development Approaches has been suspended until further notice. USAID/Sudan will continue to evaluate options for programming and will update the status of the APS as soon as possible. New procurements will continue to be assessed on a case-by-case basis. We anticipate that USAID’s Business Forecast will be updated on an ongoing basis.

Question: Future of our projects

USAID Response: USAID does not currently have plans to issue stop-work orders (acquisition) or letters of suspension (assistance). USAID programs should continue to operate to the extent practicable, however, considering the safety of personnel and beneficiaries as paramount.

Question: Project implementation and priorities. Is there any plan to review our activities in Sudan and adjust our work plans?

USAID Response: Yes, USAID is reviewing all awards to identify needed changes or pivots. At this time there is no overarching plan to make adjustments to all active work plans. Any programmatic adjustments will be assessed on a case-by-case basis, as well as if/when an adjustment is proposed by the Implementing Partner to the CO/AO and COR/AOR. USAID encourages proactive assessment and engagement by Implementing Partners on assessments, changes, and/or updated work plans. USAID will also reach out to Implementing Partners as needed updates are identified.

Question: Various Implementing Partners are looking at options available for extending benefits and possible supplementary payments to local staff. Can USAID provide guidance, if any related to required approvals and options. Allowability of local staff expenses for their safety preparedness/relocation.

USAID Response: For specific information on authorizations for Sudan programming, please refer to Guidance to USAID/Sudan Implementing Partners - released April 27, 2023, and Updated Guidance to USAID/Sudan Implementing Partners on Administrative Approvals - released May 11, 2023. Please visit the USAID/Sudan website for the latest updates and issued guidance.

Question: Does USAID foresee a change in programming posture in regards to the location of Implementing Partner operations and whether Implementing Partners will be asked to move operations to a surrounding country or undertake in-country relocations?

USAID Response: USAID is not currently advising partners to move operations to surrounding countries, or to locations outside of Sudan or as otherwise specified as the place of performance in individual awards. However, USAID is continually assessing potential risks and vulnerabilities and will engage partners as the situation evolves. While USAID is not requesting or directing a change in operational locations, Implementing Partners should continue to take reasonable steps to ensure the safety and security of their personnel.

If an Implementing Partner has assessed that the implementation of an activity would be best performed outside of the designated place of performance in their award, the Implementing Partner should discuss this with their COR/AOR/Activity Manager and the Contracting/Agreement Officer and provide the rationale supporting how this will best achieve the activity’s objectives.

Question: Can USAID provide guidance regarding evacuations and authorized departure by USG personnel?

USAID Response: Implementing Partners should assess the situation in Sudan and make determinations for the safety and security of their personnel. On April 22, 2023, the U.S. Embassy in Khartoum suspended its operations, and the Department of State ordered the departure of U.S. direct hire employees and eligible family members from Embassy Khartoum due to the continued threat of armed conflict in Sudan.

Question: What is USAID/Sudan’s approach regarding Implementing Partner Staff Accountability?

USAID Response: Updated: At the beginning of the conflict, USAID sought accountability information from all Implementing Partners regarding their staff in Sudan. The Mission will continue to seek updated information from Implementing Partners on their operations and capacity to implement. However, USAID will no longer request information regarding staff locations.

Currently, USAID requests that Implementing Partners stay in regular contact with their COR/AOR and CO/AO to the extent practicable on operations and capacity.

Question: What guidance and support can USAID provide in the event of communications disruptions?

USAID Response: Communications and connectivity disruptions have affected everyone in Sudan since the beginning of the conflict. In consultation with their headquarters, Implementing Partners should develop plans for redundant contingency communications, review all options available, and weigh any risks associated with various means of communication (satellite, cellular, etc).

If an organization has questions about a particular means of communication or seeks assistance to contact their headquarters, please contact your cognizant COR/AOR/Activity Manager with a copy to your CO/AO. However, please note that USAID cannot facilitate the import of communications equipment into Sudan on an organization’s behalf at this time.

QUESTION: If Implementing Partners temporarily close their offices for employee safety, can USAID provide guidance on whether ongoing administrative and maintenance costs can continue to be charged to respective projects until it is safe for regular operations to resume?

USAID Response: Costs in relation to safety measures are generally allowable. These costs must be reasonable and allocable to the contract or agreement. All costs incurred against an award must be within the total budget and obligated amount of the award. For specific questions on anticipated costs related to your activity, please directly consult with your cognizant COR/AOR/Activity Manager and AO/CO.

Question: What types of cost are considered allowable during an emergency/crisis for Implementing Partner staff/office?

USAID Response: Please refer to Guidance to USAID/Sudan Implementing Partners - released April 27, 2023, and Updated Guidance to USAID/Sudan Implementing Partners on Administrative Approvals - released May 11, 2023, and any further updates of this guidance, for specific instruction on authorization for travel and differentials and allowances. USAID cannot provide a full listing of allowable costs, however, costs associated with the safety and security of staff are generally allowable as long as they are reasonable and allocable. Please refer to the applicable regulations and cost principles to make sure that the costs are reasonable, allowable, and allocable. If Implementing Partners are developing or have developed an updated operational plan that contemplates or includes costs related to safety and security, please share operational plans to the extent practicable with the CO/AO and COR/AOR.

Organizations operating under USAID contracts should follow and implement their internal organization policies and security plan regarding the drawdown or relocation of staff independently of the U.S. Embassy or USAID (contractors should focus special attention to the Federal Acquisition Regulation (FAR), USAID Acquisition Regulation (AIDAR), Agency policies on specific topics under sections of the Code of Federal Regulations (CFRs), and the 300 Series of the Automated Directives System (ADS) as incorporated in your respective contract).

U.S. or non-U.S. organizations operating under USAID assistance mechanisms such as cooperative agreements or grants should follow and implement their internal organization policies and security plan regarding the drawdown or relocation of staff independently of the U.S. Embassy or USAID (recipients should focus special attention on Title 22 Code of Federal Regulations (CFR) Part 226 or 2 CFR 200 as incorporated in your respective agreement).

Question: For assistance awards, should changes be made to the approved award budgets contained in our agreements?

USAID Response: If you anticipate changes to your existing award budget, please work with your AOR and discuss any potential adjustments. Any revisions of the approved award budget are subject to the AO approval.

With respect to evacuation costs, the Guidance to USAID/Sudan Implementing Partners on Administrative Approvals, dated April 27, 2023, provides as follows:

Evacuation Costs under Assistance Awards.

USAID’s assistance agreements do not require the same specific approvals as needed for acquisition since travel and safety related expenses are governed largely by the recipient’s own policies and subject to a standard of reasonableness under the cost principles. USAID considers amounts not exceeding those established in Chapter 600 of the Department of State Standardized Regulations, and the Federal Travel Regulations to generally be considered reasonable. Within those parameters, Implementing Partners are encouraged to determine reasonable rates specific to their operating environment and award or subaward needs.

Question: Do evacuation costs cover travel and living in a new place?

Question: Who can be evacuated - staff, their families?

USAID Response: Please refer to Guidance to USAID/Sudan Implementing Partners - released April 27, 2023, and Updated Guidance to USAID/Sudan Implementing Partners on Administrative Approvals - released May 11, 2023, and any further updates, for specific instruction on authorization for travel and differentials and allowances. Additionally, please read the instructions carefully on authorization for travel and differentials and allowances under Acquisition and Assistance awards. Acquisition mechanisms are subject to AIDAR clauses, and Agency and company policies. Assistance awards do not require the same specific approvals as needed for Acquisition; travel and safety related expenses are governed largely by the Recipient’s own policies and subject to a standard of reasonableness under the cost principles.

USAID continues to evaluate policy clarifications and authorizations regarding additional evacuation costs and reimbursements.

Question: Does evacuation allowances cover AMCITs who at the time of hiring had a Home of Record in Sudan?

USAID Response: Per the April 27, 2023, Guidance to USAID/Sudan Implementing Partners, US Citizens and their dependents are eligible for evacuation costs and differentials and allowances. However, if their place of legal residence at the time he or she was employed for work under their contract is Sudan, contractors must submit a request for their employees’ evacuation to an alternate location directly to the CO and COR for further determination by the Mission Director.

Question: We have local Sudanese staff we would like to offer relocation to since it is not safe to remain in the country. Would costs to relocate local Sudanese staff and their dependents to places of safety (either within or outside Sudan) be allowable and allocable under our USAID cooperative agreement?

USAID Response: Implementing Partners should review the existing authorizations to determine the appropriate action for providing relocation. USAID encourages Implementing Partners to take reasonable measures for the safety and security of all their staff.

Question: Our understanding is that USAID will assess the situation in increments of 30-days. Can USAID please confirm if it plans on sharing information/updates with Implementing Partners at the upcoming 30-day mark?

USAID Response: Yes, USAID has and will continue to assess and share information and updates expeditiously with Implementing Partners, including additional Implementing Partner meetings and other outreach approaches, throughout this crisis.

Question: Where will the USAID local or regional security base be Located?

USAID Response: USAID is still assessing the location(s) and intends to locate security services close to USAID and Implementing Partner operations.

Question: Can you clarify if the pre-approval of the evacuation costs publication applies to BHA-funded awards?

USAID Response: Yes, the authorizations provided in the Guidance to USAID/Sudan Implementing Partners - released April 27, 2023, and Updated Guidance to USAID/Sudan Implementing Partners on Administrative Approvals - released May 11, 2023, apply to BHA-funded awards. For further questions, please follow-up with your CO/AO and COR/AOR.

Question: Where does USAID want Implementing Partners to report the theft of the vehicles, looting, and other security issues? COR and CO or elsewhere?

USAID Response: USAID/Sudan Mission-funded Implementing Partners should report security incidents to the COR/AOR and CO/AO with the Partner Liaison Security Office (PLSO) in copy. For Washington-based grant mechanisms, including all of BHA grantees, please refer to the specific award agreement language regarding incident reporting. Per ADS 573, USAID implementing partner participation with the PLSO program is voluntary and each Implementing Partner can determine how or if the information provided by the PLSO is used.

Question: How do Implementing Partners contact PLSO about security issues or to connect PLSO with our Implementing Partner security team?

USAID Response: Implementing Partners may contact PLSO at plso.sudan@usaid.gov. Per ADS 573, USAID implementing partner participation with the PLSO program is voluntary and each Implementing Partner can determine how or if the information provided by the PLSO is used.

Question: With reference to Updated Guidance to USAID/Sudan Implementing Partners on Administrative Approvals - released May 11, 2023, are our CCN employees who remain in Khartoum (or their official place of residence) eligible for the evacuations authorizations?

USAID Response: No. The reimbursement of Travel Differentials and Allowances are for employees who are traveling from the official place of residence.

Question: Does the current conversation on CCN relocation costs include employee’s dependents, or just the employee?

USAID Response: Please refer to Updated Guidance to USAID/Sudan Implementing Partners on Administrative Approvals - released May 11, 2023, and any further updates, concerning current authorizations and administrative approvals regarding local (Cooperating Country National (CCN)) staff. Relocation allowances are not part of the authorizations. USAID allows for the reimbursement of travel and transportation costs as well as the travel allowance for CCN employees who are traveling from their official place of residence. The current authorization and allowances do not cover the dependents of CCN staff.

Question: Regarding travel expenses for CCNs - if a person moved to one location and later to a different one is the relocation costs reimbursable as part of the Mission’s evacuation authorization?

USAID Response: The intention of the evacuation authorization is to ensure the safety and security of staff. While the intent of the reimbursement is for staff who are traveling from their official place of residence, if they must then travel later to a different location due to safety and security reasons, this is allowable. Please document the rationale for additional travel with your requests.

Question: Is USAID considering allowing award/contract funds to be used for any other contingency costs in addition to those already detailed in the authorizations to cover additional needs such as more medium term resettlement, temporary living supplies, medical kits, etc?

USAID Response: At this time, all approved travel and transportation costs, including allowances, regarding evacuation are those specified in the guidance documents - currently available on the USAID/Sudan website.

Question: Would USAID consider issuing a blanket approval to temporarily work from outside Sudan during the authorized CCN evacuation period and beyond?

USAID Response: USAID has approved work from within and outside of Sudan during the authorized period, at this time until June 14, 2023. Any future authorizations are expected to be for 30-day extension periods.

Question: It is currently not possible to document all evacuation-related costs. For example, someone gets out of harm's way with their car and may temporarily seek shelter in a small town, not a hotel. Would the reimbursement of costs (subsistence purposes) in the above example be allowable, even without full documentation?

USAID Response: Please continue to follow and document your internal policies, as they relate to evacuation costs including differentials and allowances. If you have a specific question regarding the application of these costs, please reach out to your cognizant CO/AO.

Question: Can emergency travel allowances be provided for long term consultants on projects?

USAID Response: The Guidance to USAID/Sudan Implementing Partners applies to long-term staff/personnel only. As such reimbursement of the relocation expenses does not apply to any type of consultants (short-term or long-term).

Question: What specific information would be helpful for the Agreement Officer (AO) to respond to a request to relocate an activity’s office, if the Implementing Partner feels that becomes necessary?

USAID Response: Please notify the COR/AOR and CO/AO if the ongoing situation and government advisories have impacted the terms and conditions of an award. Requests should include specific rationale for any proposed changes, as much detail as practicable about the proposed changes, and what, if any, impact these changes will have on the terms and conditions of the respective award or grant, to include financial considerations.