Environmental Compliance: Language for Use in Solicitations and Awards

An Additional Help for ADS Chapter 204

Revision Date: 05/19/2008
Responsible Office: EGAT
File Name: 204sac_051908

Environmental Compliance: Language for Use in Solicitations and Awards

ABOUT THIS LANGUAGE

The following recommended language is for use by Cognizant Technical Officers (CTOs), Activity Managers, Contracting Officers (COs), Mission Environmental Officers (MEOs), Program Officers, Bureau Environmental Officers (BEOs), and other USAID staff involved in solicitations, awards, and activity design and management.

Its purpose is to ensure adequate time is provided for environmental review and that environmental factors and mitigative measures identified in approved environmental impact assessment documentation are incorporated in the design and approval of each program and activity before the Operating Unit, Team, Activity Manager or CTO makes an irreversible commitment of resources for the program or activity. It also is intended to help improve application of USAID’s environmental procedures (22 CFR 216 or Regulation 2161) to create more sustainable and successful implementation of activities, projects and programs.

• By explicitly enumerating the environmental compliance responsibilities of project implementers, use of this recommended language can help ensure that environmental compliance requirements stemming from the Regulation 216 process are fully integrated into project designs, workplans, and implementation of activities.
• Use of the language also alerts USAID staff and implementing partners early on to the need for a budget to implement environmental compliance measures and to the importance of providing sufficient Regulation 216 technical capacity to implement, monitor, and report on environmental compliance. Doing so is intended to ensure that compliance is maintained throughout design and implementation—over the entire life of a project or program.
• Further, the language contributes to mainstreaming of environmental concerns by integrating environmental compliance into USAID’s typical project design and implementation processes.

The language can be used in any type of procurement instrument (contracts, cooperative agreements, grants, etc.). Although not explicitly required by ADS 305 for Host Country Contracts, this language also can be used for Host Country solicitations and in Implementation Letters and is especially appropriate when contracting for construction services and technical or professional services.

For greatest benefit, Technical Teams and other USAID staff should review and discuss the recommended language during project design, and modify it, as may be necessary, so it is well-integrated with the program description. Together the CTO, CO, and MEO should identify where and which language to insert based on the type of solicitation and award. For activities that are designed and managed out of AID/Washington (in Pillar or Regional Bureaus), the BEO would serve a similar technical role as the MEO does at the Mission level. The MEO, REA, BEO, or other trained staff may be able to provide staff training or guidance, if necessary, on use of the language in solicitations and contracting documents.