100 Authority and Guidelines
The Market Access Program (MAP) is authorized by section 203 of the Agricultural Trade Act of 1978, as amended which directs the Commodity Credit Corporation (CCC) to carry out a program administered by the U.S. Department of Agriculture's (USDA) Foreign Agriculture Service to encourage the development, maintenance and expansion of commercial export markets for agricultural commodities through cost sharing assistance to eligible trade organizations.
This program, hereinafter referred to as the Market Access Program (MAP), is administered by the Foreign Agricultural Service (FAS) in accordance with the policies and procedures set forth in detailed MAP Regulations (MAPR).
Under the auspices of the MAP program, the Administrator of FAS has authorized partial reimbursement of the expenses of private firms for promotion of branded products containing agricultural ingredients of identified US origin. U. S. Livestock Genetics Export (USLGE) has requested an allocation of funds under the MAP program to be made available to qualified private firms for direct promotion of brand identified livestock genetics in approved international markets from FY165 MAP funds. This program is generally referred to as the Brand Promotion program for livestock genetics.
MAP Funding is used to supplement, but not supplant private or third party funds or other funds that would be used for the proposed promotional activities. All applicable provisions of the USDA-FAS MAP Regulations (MAPR), as revised, must be followed in administration and conduct of the livestock genetics branded promotion program.
Your attention is drawn to one specific provision of the branded program that was affected by a rule adopted by USDA on June 2, 1998.
This (MAPR) rule change provides for a five-year graduation “which limits brand promotional assistance to a company in a country for a total of five years.” The effective starting date for the five-year brand graduation is February 1, 1995.
It is recognized that participants may not achieve optimum market entry or expected growth in a country within five years; however USDA must operate and manage this program with limited resources. In order to provide the opportunity for the greatest number of participants to reap the benefits of the MAP branded program, it is necessary to graduate companies from countries after a total of five years in any one country.
For the convenience of potential participants, USLGE has prepared a compilation of the provisions of the MAP Regulations under which the FY 2015 Brand Promotion Program for livestock genetics will be administered by USLGE. These are presented on the following pages. However, in the event of any conflict between the MAPR and the summary compilation presented herein, the MAPR will take precedent and prevail in all cases.
Further, USLGE accepts no liability for failure on the part of any participant to be fully informed about the MAPR or any losses that may be incurred as a result of the failure of any participant or potential participant to comply with all applicable provisions of the MAPR. Copies of the MAPR will be supplied to MAP participants upon request.
101 Application Procedures
- 101.1 USA private livestock breeders, companies, cooperatives and corporations desiring to participate in this program must submit an application to USLGE. All applications must be made using the form prescribed by USLGE, and include all required information. Failure to include the required information will result in the ineligibility of accessing MAP funding. The "application format" prescribed by USLGE is illustrated, with accompanying explanatory notes, attached hereto as application filing instructions sample.
- 101.2 Applications will be considered throughout the year pending the availability of funding.
- 101.3 One copy of application for funding under the Brand Promotion Program for livestock genetics should be submitted to U.S. Livestock Genetics Export, Inc., 413 N. Broadway, Suite C, Salem, IL 62881.
- 101.4 Qualifications. In determining the qualifications of each applicant and fund allocations, primary consideration will be given to the following criteria:
- Previous experience with exporting of livestock genetics from the USA. The previous export experience by each applicant relative to the combined experience of all applicants will be an important factor in determining the amount of MAP funds that can be allocated to each participant. Thus, detailed data in this area must be supplied by each applicant.
- The MAP funds will be allocated in budgeted increments of $1,000 each, in accordance with the criteria described above. First time applicants will be limited to a maximum of $4,000. Additional requests will be considered pending the successful completion of the first activity.
- Experience in promotion of livestock genetics exports. Documented details of previous promotional activities must be submitted (see part 104.5.a).
- Ability to provide staff support and other resources adequate to supervise and carry out the proposed promotional activities.
- Willingness and ability to provide adequate supplies of USA origin livestock genetics of the quality desired by foreign buyers in response to the demand generated by the promotional activities.
- 101.5 Activity Proposals. The specific promotional activities proposed to be conducted by each participant will be individually evaluated and approved by USLGE and USDA-FAS. Therefore, a detailed description of the promotional activities proposed for funding under the MAP program, including a budget of the funds to be expended by country, is required. Activity proposals for each separate activity proposed for each individual country must accompany the application. All activity proposals must be prepared in accordance with the "Format for Activity Proposal" illustrated in Exhibit E attached hereto.
- 101.6 Evaluation. The application will also require a description of the method by which the applicant proposes to evaluate the success of the proposed promotional activities (see part 105).
- 101.7 Other Funding Sources. A statement identifying any state or federal agencies from which funds may be received for similar purposes must in include.
- 101.8 Ownership. The applicant must own the livestock genetics which are being promoted and own the label or brand name under which the livestock genetics are to be promoted, or by written agreement with the proprietor, be assigned exclusive rights of representation for the genetics and brand to be promoted. All genetics and brands to be promoted must be of USA origin.
- 101.9 A requirement is for the participant to include a DUNS Number and to include the participant Congressional District Number.
- 101.10Obtaining a DUNS Number:
FAS/W requires that all applicants for Federal grants and cooperative agreements have a DUNS number.
The Federal government will use the DUNS number to better identify related organizations that are receiving funding under grants and cooperative agreements, and to provide consistent name and address data for electronic grant application systems.
Data Universal Number System (DUNS) Number
- The Data Universal Numbering System (DUNS) number is a unique nine-digit identification number provided by Dun & Bradstreet (D&B).
- The DUNS Number is site-specific. Therefore, each distinct physical location of an entity (Such as branches, divisions, and headquarters) may be assigned a DUNS number. Organizations should try and keep DUNS numbers to a minimum. In many instances, a central DUNS number with a DUNS number for each major division/department/agency that applies for a grant may be sufficient.
- In order to provide on-the-spot DUNS number assignment, the requestor should do this by telephone. (See telephone number below.)
- If you already have a DUNS number. If you, as an entity applying for a Federal grant or cooperative agreement, previously obtained a Duns number in connection with the Federal acquisition process or requested or had one assigned to you for another purpose, you should use that number on all of your applications. It is not necessary to request another DUNS number from D&B. If you are not sure if you have a DUNS number. Call D&B using the toll-free number, 1-866-705-5711 and indicate that you are a Federal grant applicant/prospective applicant. D&B will tell you if you already have a number. If you do not have a DUNS number, D&B will ask you to provide the information and will immediately assign you a number, free of charge.
- If you know you do not have a DUNS number. Call D&B using the toll-free number, 1-866-705-5711 and indicate that you are a Federal grant applicant/prospective applicant. D&B will ask you to provide information and will immediately assign you a number, free of charge.
Determining Your Representative and Congressional District Number From Your Zip Code
You can look up your Congressional Representative based on your ZIP code. Usually your Representative can be determined from just a 5 digit ZIP code. In some cases, especially for urban areas, you will need your ZIP+4 code. Information can be found at www.house.gov.
102 Participant Agreement
- 102.1 Each participating company is required to enter into a contract with USLGE agreeing to abide by the terms of the program. The agreement will include the specific terms applicable to each respective participant agreement and standard provisions required by FAS.
- 102.2 USLGE Administrative Fee. Each participant shall pay to USLGE a fee in the amount of five (5) percent of the amount of MAP funds approved for allocation to the respective participant or $500 whichever is greater, for administrative services provided by USLGE. Payment of this fee shall accompany the signed agreement, both of which must be received by USLGE before the participant can be authorized to initiate program activities.
103 Program Operations
- 103.1 Allowable Promotional Expenses for MAP Brand Promotion Programs. The use of MAP resources to reimburse U.S. private firms is limited to a previously agreed percentage of each eligible direct promotional expense.
This percentage shall be specified in the activity plan approved by FAS.
Expenses must have been incurred during the period of the contract. The date on which an expense is "incurred" is the date a participant or third party transfers funds to pay for expenditure.
"Direct promotional expenses" are limited to those listed below. If the participant has questions regarding expenses eligibility, they should contact USLGE. The participant should not contact FAS directly with questions about the program.
- The production and placement of media and direct mail advertising for retail and trade in print and electronic media, billboards and posters.
- Booth construction, freight and participation fees for non-U.S. Government sponsored trade fairs and exhibits.
- Product demonstrations to the trade and to consumers, the employment of part time contractors to help carry out specific promotional activities at trade fairs and exhibits, production and distribution of promotional materials and the cost of distribution of promotional samples (but not the cost of the samples themselves).
- The production and distribution of promotional information to press and other media, the trade and consumers. All promotional material and advertising will identify the origin of the agricultural commodity as "Product of the U.S.", "Product of the U.S.A." and will conform, to the extent possible, to U.S. standards of 1/6" (.42 centimeters) in height based on the lower case letter "o".
- The production and distribution of inexpensive promotional items which are an integral part of an approved promotional activity. The MAP is a cost-share program between CCC and the participants. CCC believes that the participant can best control expenditures for inexpensive promotional items. As a result, CCC will reimburse up to $2.00 per promotional item provided the following conditions are met: 1) the items are described in detail with a per unit cost in an approved activity plan or amendment and 2) distribution of the promotional item is not contingent upon the consumer, or other target audience, purchasing a good or service to receive the promotional item.
- Trade seminars designed to inform industry representatives of specific attributes of U.S. products. This might include site rental, and translation and duplication of seminar materials, but not personal services or contractor fees or related travel expenses regardless of how contracted for or billed.
- 103.2 Foreign Third Party Expenses. The U.S. company participant may also claim the eligible promotional costs incurred by a foreign third party. Expenses incurred by foreign third parties must be separately identified as such in the claim. To the extent they are reimbursed with MAP resources, the reimbursement must be passed through to the third party. In no case may a U.S. company retain reimbursement which exceeds the percentage of reimbursement of its eligible costs specified in the brand promotion contract.
- 103.3 Ineligible Promotional Expenses. Unless otherwise specifically approved in writing by the FAS Assistant Administrator for Commodity Marketing Programs, the following expenses may not be the basis for any MAP reimbursement to private companies participating in brand promotion programs. To the extent that any of these costs may be included in a subcontract, they must be separately identified and deducted from those submitted as the basis for reimbursement with MAP resources.
- All salaries, living expenses and office costs, allowances or related expenses.
- All costs of travel or per diem.
- Cost of product (samples).
- Selling costs, awards or prizes.
- Giveaways, couponing or other "price off" deals.
- Public relations activities such as meals, receptions, refreshments, entertainment and gifts.
- The purchase, construction or lease of space for permanent displays, i.e. displays lasting beyond one activity plan year.
- Product development, product modification or product research.
- Fees for participation in U.S. Government-sponsored activities, other than trade fairs and exhibits.
- Any expenditure incurred for an activity prior to CCC's approval of that activity or amendment.
104 Financial Procedures
- 104.1 Brand Promotion Program Agreements. Branded Promotion Program agreements specify the U.S. dollar amount of MAP funds that will be made available to reimburse participants for authorized MAP activity expenses.
- 104.2 Activity Plan Budgets. Approval of the participant's application for MAP program participation as amended or approved in writing by USLGE, constitutes the participant's authority to incur expenses eligible to be reimbursed with MAP resources. The approval letter will specify the activity year period, the level of resources available to reimburse expenses incurred during that year, and any restrictions or changes to the submitted application regarding proposed activities and/or markets.
- 104.3Authorized Signatures. The Chief Executive Office (CEO) of the participant company, or any individual authorized for this purpose in writing, will sign both copies of the agreement on behalf of the participant (retaining one copy for the files) and return one copy to USLGE with a signature card (see Exhibit B), also signed by the CEO, which designates which participant officials are authorized to sign MAP agreements and reimbursement claims. The participant is responsible for notify USLGE of any changes in eligible names of employees who are no longer authorized to sign on behalf of the participant. In the transmittal letter, state whether the new card is intended to replace in its entirety the card already on file or simply to augment it.
- 104.4Reimbursement Claims (Expense Reports). The participant will submit claims for reimbursement in the format shown in Exhibits C & D.
- USLGE will issue checks in the name of the participant as it appears in the agreement.
- To the extent that expenses incurred by anyone other than the participant are the basis for reimbursement from USLGE, the reimbursement received from USLGE must be passed through to the third party. The participant may not retain any reimbursement in excess of that authorized by the terms of the agreement (e.g. if the agreement provides 50 percent reimbursement of authorized expenses, and the participant submitted to USLGE a reimbursement claim of $10,000 which includes a $5,000 incurred by a foreign third party, the participant may retain only $2,500 of the $5,000 reimbursement received from USLGE and must "pass through" the remaining $2,500 to the foreign third party whose expenses were the basis for that reimbursement).
- Determine the amount due in U.S. dollars as follows: convert all foreign currency to U.S. dollar equivalents by using the rate of exchange in affect on the date the invoice was paid by the participant or third party, or if the invoice has not yet been paid, on the date the invoice was received for payment by the participant or third party participant.
- Claims for reimbursement must be submitted with complete documentation to USLGE within 90 days of completion of the activity or within 60 days of the end of the marketing year (December 31, 2015). Claims not received by USLGE within that time period will be denied. If a claim is received within that period but is deficient, then USLGE may, in its sole discretion, deny the claim in whole or in part. If USLGE denies the claim in part, it may, in its sole discretion, give the participant notice that it has 30 days to correct any deficiencies with respect to the denied portion. If the deficiencies are not corrected to the sole satisfaction of USLGE within that 30 day time period, then the decision to deny claim in part shall stand and the participant shall not be reimbursed for the denied portion. No claims against the 2015 MAP Program will be accepted after March 15, 2016.
- Each claim must include the certification shown in the Exhibit and the original signatures of two of the firm's officers authorized for that purpose on the signature card previously submitted to USLGE (see part 104.3 and Exhibit E).
- Submit the reimbursement claim to USLGE. Each claim must be accompanied by appropriate documentation (see part 104.5).
- USLGE will review the claim and prepare a memorandum to FAS requesting reimbursement. In any event, the participant must understand that a claim for reimbursement will not be paid by USLGE until such time as USLGE is first reimbursed by FAS for the same claim.
- 104.5 Supporting Documentation, Record Retention and Audit. All supporting documents and claims are subject to post-payment review and audit by the Office of the Inspector General (OIG), the General Accounting Office (GAO), FAS’s own Compliance Review Staff (CRS) and USLGE. The participant is solely liable for the accuracy and propriety of all claims and shall reimburse the Commodity Credit Corporation (CCC) in U.S. dollars for any amount subsequently disallowed by any Government reviewing agency.
- Supporting Documentation:
- Documentation to support billings must include canceled checks (front and back), paid bills, receipts, contracts with advertising firms, joint promotion agreements with third parties, or purchase orders, tear sheets, media advertising schedules, copies of print advertisements, etc.
- Documentation to support data in the application must include a report of livestock genetic exports by country during calendar year 2011. Bills of lading and other evidence to support prior year export figures may also be included. Supporting documents of the type described above in part 104.5 (a)(1) may be submitted as evidence of prior year promotional programs.
- Maintenance of Documentation. Maintain supporting documents related to activity expenses with the date on which the activity was conducted and cross referenced to the expense claim submitted to USLGE requesting reimbursement.
- English translation. Ensure that supporting documentation contains sufficient English translation to identify the expense.
- Record retention and custody. Retain financial records, supporting documents and all other pertinent data related to the MAP program for a period of not less than five years after completion or termination of the MAP agreement.
- Records accessibility and Compliance reviews and audits.
- All participant records pertinent to the MAP program agreements shall be accessible to Government audit agencies or any of their duly authorized representatives to make audits, examinations, excerpts and transcripts.
- If requested in writing by FAS, agreements, records and supporting documents shall be transferred to FAS custody.
- The participant shall reimburse FAS, through USLGE, pursuant to Compliance Report findings by mailing a U.S. dollar check to USLGE, made payable to "U.S. Livestock Genetics Export, Inc.", with a notation that the amount being reimbursed is pursuant to a specifically identified CRS report.
- Supporting Documentation:
- 105.1 Livestock and Genetics Sales Report. Each participant shall provide a report to USLGE summarizing the participant's sales results on a country by country basis within 60 days of the end of the program year, comparing those sales to sales in prior years. Include discussion of changes in your sales in target markets, shifts in your market share among all suppliers, in each market and reasons for the changes. These sales data will be summarized and presented to FAS in a fashion which assures confidentiality.
106 Completion or Termination of a Brand Promotion Program
- 106.1 MAP Program Agreements for Brand Promotion Program.
- Each MAP Brand Promotion program agreement will specify a termination date and also provide for termination at any time by either party upon 30 days written notice to the other. In the event the agreement is terminated prior to the termination date specified in the agreement, reimbursement to the participant shall be computed in accordance with the reimbursement procedures provided in the agreement.
- Any funding which remains unexpended in the agreement at the time of its termination, reverts to USLGE for obligational purposes. It does not "roll over" into any subsequent year agreements with any particular private firm participating in the program.