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AAPD 12-04 Implementation of the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003, as amended – Conscience Clause Implementation, Medically Accurate Condom Information and Opposition to Prostitution and Sex Trafficking
Subject Category: ASSISTANCE, ACQUISITION MANAGEMENT
Note: The Standard Provisions for US and non-US NGOs have been incorporated into ADS 303. All other portions of this AAPD remain in effect as in the AAPD below.
This Acquisition & Assistance Policy Directive (AAPD):
A. Provides contract clauses and assistance provisions to be included in contracts, grants and cooperative agreements that obligate or intend to obligate (in the case of solicitations) FY04-FY13 funds made available for HIV/AIDS activities, regardless of the program account, including:
- Conscience Clause Implementation (previously titled ―Organizations Eligible for Assistance‖);
- Condoms; and
- Prohibitions on Promotion or Advocacy of the Legalization or Practice of Prostitution or Sex Trafficking.
B. Replaces all previous versions of the contract clause and assistance provision titled ―Organizations Eligible for Assistance with the revised versions in Attachments A through C, titled ―Conscience Clause Implementation;
C. Provides guidance to Contracting Officers (COs) and Agreement Officers (AOs) regarding what actions to take if an organization raises a Conscience Clause objection; and
D. Replaces and supersedes in their entirety AAPD 05-04, AAPD 05-04 Amendment No. 1, AAPD 05-04 Amendment No. 2, AAPD 05-04 Amendment No.3, PEB No. 2005-08, and PEB 2008-04.
The provisions in this AAPD impose funding restrictions that enable USAID to exercise administrative remedies should the awardee violate the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, as amended, by not complying with the terms of the award.
A. COs and AOs must insert the contract clauses and assistance provisions in Attachments A, B, or C in accordance with the conditions in Section 2.A, 2.B, 2.C and 2.D.
B. COs and AOs must consider the guidance regarding ―Conscience Clause Objections in Section 2.E.
C. COs and AOs must comply with the ―Organizational Integrity Guidance in Section 2.F.
Last updated: January 09, 2014