REQUEST FOR PROPOSALS RFP-PACE-2012-HO-001

Transcription

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RFP-PACE-2012-HO-001
REQUEST FOR PROPOSALS
for the provision of
Telecommunications Cost Modeling
CONTRACTING ENTITY:
CHEMONICS INTERNATIONAL INC.
WASHINGTON, D.C., USA
under
USAID Contract No. DFD-I-06-05-00219-00 TO#6
PALESTINIAN AUTHORITY CAPACITY ENHANCEMENT (PACE)
PROJECT
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TABLE OF CONTENTS
ACRONYMS
i
SECTION I
Introduction
A. Background
B. Purpose of the proposal
C. Scope of Work of the Subcontract
D. Contractual Relationship
E. Requirements
F. Terms of the proposal
4
4
5
6
8
8
9
SECTION II
Proposal
A. Key Elements and Important Dates to Remember
B. Procedures for Submission of proposals
C. Contents of the Proposal
1. Institutional Presentation
2. Technical Proposal
3. Financial Proposal
D. Negotiations
10
10
11
11
12
13
14
SECTION III
Evaluation Criteria
15
SECTION IV
Fixed Price Subcontract
16-30
Annex A: Proposal Calendar
31
Annex B: Model Applicant Cover Letter
32
Annex C: Guide to Creating a Financial Proposal
1. Model Subcontrator Budget
33
34
Annex D: Employee Biographical Data Sheet
35
Annex E: Required Certifications
37
Annex F: Proposal Checklist
45
Annex G: Vetting form (for non-US subcontractors only)
46
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RFP ACRONYMS
BU
BU-LRIC
GPC
LRIC
MOF
MOI
MOPWH
MOT
MTIT
PA
PACE
RFP
SOW
TD
TD-LRIC
TO
USAID
“Bottom up”
“Bottom up” long run incremental cost methodology
General Personnel Council
Long run incremental cost methodology
Ministry of Finance
Ministry of Interior
Ministry of Public Works and Housing
Ministry of Transportation
Ministry of Telecommunications and Information Technology
Palestinian Authority
Palestinian Authority Capacity Enhancement
Request for Proposals
Scop e of Work
“Top down”
“Top down” long run incremental cost methodology
Task Order
United States Agency for International Development
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RFP SECTION I
INTRODUCTION
Chemonics International Inc. (Chemonics), implementing the Palestinian Authority Capacity
Enhancement (PACE) project, is soliciting proposals for the supply of services described herein. PACE is
an official project of the United States Agency for International Development (USAID) under Contract
Number DFD-I-00-05-00219-00 TO# 6. This document provides the necessary information companies
and organizations need to prepare proposals to participate with PACE.
Offerors are invited to submit proposals for the services described herein in accordance with the
instructions to Offerors and terms and conditions of this request for proposals (RFP). Issuance of this
solicitation does not in any way obligate Chemonics or USAID to award a subcontract, nor does it
commit Chemonics or USAID to pay for costs incurred in the preparation and submission of a proposal.
A. Background
i.
PACE
Implemented by Chemonics International Inc., PACE aims to improve the standard of living for
Palestinian people by enhancing the provision of services and institutional capacity of targeted Palestinian
Authority (PA) ministries and institutions. This four-year project funded by the United States Agency for
International Development (USAID) has two main tracks: a short-term focus on the delivery of improved
services and a medium-term focus on capacity enhancement of government institutions.
In 2012, Chemonics is working to improve service delivery and build capacity within the Ministry of
Transportation (MOT), Ministry of Telecommunications and Information Technology (MTIT), Ministry
of Public Works and Housing (MOPWH), Ministry of Finance (MOF), Ministry of Interior (MOI), and
the General Personnel Council (GPC).
ii. Technical
In the regulation of telecommunications markets, the approval of interconnection (or wholesale access)
rates is crucial to the development of healthy competition and a level playing field allowing new service
providers to enter the market and have a fair chance of surviving. If interconnection rates are not
regulated properly, it will have a significant impact on competition. Where competition is lacking, there is
less impetus for operators to improve networks and provide a broad range of modern services to
customers at reasonable prices, improve coverage and performance for voice and data services, and
introduce higher speed, broad-band Internet. This affects the economic development of a country deeply,
as the investment climate and competitiveness of a national economy depend on a vibrant
telecommunications sector.
International best practice in telecommunications wholesale tariff regulation is that the regulatory
authority sets approved prices on the basis of cost models. In modern regulation, both “bottom up” (BU)
and “top down” (TD) LRIC methodologies are used which focus on forward looking cost development
based on increments in costs caused by third party usage of the networks.
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Typically, and especially the first time that a BU-LRIC model (developed by the regulatory authority as a
theoretical model reflecting as closely as possible what the structure/costs of an efficient network are if
one were built today) is applied, the operators are allowed to produce their TD-LRIC models based on
actual cost data in parallel and submit them to the regulatory authority. This enables the regulatory
authority to get a feeling of how far the outcome of the BU-LRIC model is from that of the TD-LRIC
model, a difference that can be caused by inaccuracies of either model but more likely by historic
inefficiencies reflected in the cost data of the operator. The operator TD-LRIC models are usually
assessed by the regulator, but this assessment can be more superficial as the final decision on rates is
based on the BU-LRIC model. If a significant difference exists between the outcome of the BU-LRIC and
TD-LRIC models, the regulator typically includes some form of reconciliation in its tariff regulation, e.g.
a grace period or glide path allowing the operator some time to adjust its rates gradually and work on its
cost levels.
iii. Current situation
The MTIT set wholesale access rates for fixed and mobile operators in 2009/2010 based on international
benchmarking. At the time, MTIT announced that these rates would apply only temporarily as the
ministry developed its own BU-LRIC model and reassess the rates. The operators Paltel (fixed lines) and
Jawal (then, the only mobile phone company) submitted their TD-LRIC models to MTIT. Due to a lack of
funds and expertise within the ministry, the BU-LRIC models were never developed, and the TD-LRIC
models were never fully examined. The benchmarking-based rates were extended until such time as a
LRIC model would be ready for use.
In the meantime a second mobile operator, Watanyya, was licensed and launched. While working on cost
models, the regulation of wholesale access rates remains based on international benchmarking, however
this is a very inaccurate methodology that should only be used for a limited period of time. Watanyya’s
launch has increased the urgency of replacing the preliminary approved rates with rates based on LRIC
cost modeling, which is now two years overdue.
B. Purpose of the Proposal
The objective of this RFP is to solicit proposals for technical assistance to assist the MTIT in developing
a costing functionality showing the forward-looking evolution of costs (for the period 2013-2016), based
on the BU-LRIC standard in accordance with international best practice, particularly the European Union
regulatory framework. This model should establish cost estimates for:
•
•
Fixed services provided by Paltel: this will need to include call termination, call origination and
call transit 1 and bitstream access. 2
Mobile services provided by Jawal and Watanyia. The initial focus shall be on providing cost
estimates for the provision of wholesale call termination services.
1
Please note the development of cost estimates for access services like unbundles local loops and wholesale
line rental may be required as part of the broadband access stimulation and regulation strategy, the development
of a supporting access cost model is to be assessed at a later stage.
2
The tariff estimates for this service will be done on the basis of retail-minus, using accounting information
from Paltel.
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Because telecommunications networks are shared between multiple services, these models will provide
LRIC network cost information for a variety of services, including for non-regulated services and retail
services. This therefore requires the development of a set of services for which cost estimates need to be
developed and defined, both in commercial and technical terms.
C. Scope of Work and Deliverables
The Offeror will be deployed to help the MTIT build the required cost models and reassess wholesale
rates based on their outcomes. This work is expected to require only one trip to the West Bank, and will
take place in several phases. In all phases of the activity, the Offeror will work in close partnership with
MTIT, which will assign selected staff to work with the Offeror. The Offeror will build the capacity of
these assigned MTIT staff in cost modeling and related areas through this work, supplemented by more
formal training at the end of the assignment. Subject to adjustment based on the successful Offeror’s
technical proposal, the work under this fixed-priced subcontract will take place in five phases as follows:
Location: Ramallah
Phase 1:
Inception
Tasks:
• Take stock of applicable legal basis under Palestinian law, regulation, and
licensing agreements with operators for the imposition of cost modeling and
tariff regulation relevant for the work. MTIT legal advisors will support this
effort.
• Identify and specify, subject to approval of the MTIT, the appropriate form of the
BU-LRIC models, the services for which they shall enable tariff assessments, the
period for which the models will be used, and other appropriate characteristics.
• Define the data required for the project implementation, investigate their
availability (with assigned MTIT staff), and propose solutions for data categories
that are unavailable or unreliable.
• Propose a methodology for data collection (where needed) and identify
responsibilities and methodology for data quality assessment.
• With PACE and MTIT, develop a detailed work plan for the cost modeling
process, outlining agreed upon deliverables, timing, and responsibilities of the
Offeror’s team, PACE team, and MTIT team.
Deliverables:
• Detailed work plan;
• Methodology document describing:
o Description of the recommended costing methodology;
o Rationale and conditions for use of the costing methodology;
o Cost allocation principles;
o Data needs, data collection methodology, data quality assessment
methodology, and proposed methods for overcoming weak or difficult to
verify data;
o Scope of the services to which the methodology would apply.
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The methodology document shall be written in a format that can be used by the MTIT for
public consultation with key stakeholders, including operators.
Location: Ramallah
Phase 2:
Consultation
Tasks:
• Provide materials, slides, and participate in MTIT workshops with stakeholders
about the methodology document, documenting feedback received.
• Revise methodology and work plan, as appropriate, to reflect feedback and new
information received during the workshop(s)
Deliverable:
• Revised methodology and work plan.
Location: Possible combination of Ramallah and remote location (as proposed by the
Offeror)
Phase 3:
Cost
modeling
Tasks:
• Develop BU-LRIC models for the fixed and mobile network services providing:
1. A reasoned calculation of network capacity needs
2. A network dimension scheme
3. A network cost estimate, including a reasonable rate of return calculation
methodology
4. A cost break down for individual services as defined in the methodology
document.
Deliverables:
• The network cost models in an Excel workbook.
• Model documentation describing the structure of the models (overall and
separately for each worksheet) as well as the assumptions and the sources that
underpin it.
• Data quality assessment and methodology for continuing to verify and improve
data quality, as needed, in the future.
• A user guide to enable MTIT staff to use and amend the models in the future
based on changing market conditions.
Location: Ramallah
Phase 4:
Training
Tasks:
• Develop and implement a training course for the MTIT staff with regard to usage
and adaptation of the cost models.
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Deliverable:
• Training course and materials.
Location: Home base or Ramallah (as proposed by the Offeror)
Phase 5:
Final
Reporting
Tasks:
• Provide a summary of the entire assignment, including a package of all materials
and documents produced.
• Provide recommendations for further development and implementation of cost
models for telecommunications sector in the Palestinian market, including
recommendations for regulatory changes, development and extension of cost
modeling, and other pertinent areas as determined by PACE, MTIT, and the
Offeror.
Deliverable:
• Final report and recommendations
• Debrief in person or via telephone with MTIT and PACE team members.
D. Contractual Relationships
Chemonics will issue an award to one consultant, company, or organization. This award will be in the
form of a “Firm Fixed Price Subcontract” (hereafter referred to as “fixed price subcontract”). Offerors
should propose and appropriate implementation plan and overall level of effort required to complete all of
the phases identified above. The tentative implementation period is from early September 2012 to endJanuary 2013. The subcontractor will be required to adhere to the terms of the subcontract with PACE.
The subcontract will be based on what the company or organization indicated in its proposal. The fixed
price subcontract template with its terms and conditions is included in section IV. If an individual rather
than a company is selected to conduct the SOW and complete the deliverables as described in this SOW,
Chemonics will use a different fixed price agreement template, whch will be appropriate for use with
individuals. The template will have its own terms and conditions applicable when Chemonics hires
individual consultants.
Any individual interested in submitting a proposal in response to this RFP must note that – should they be
awarded the work described in this RFP - they shall complete the tasks as described in the RFP’s SOW by
themselves and shall not be permitted to hire other consultants to work on the SOW and deliverables with
them or on their behalf.
A fixed price subcontract specifies an output, or deliverable, to be produced by the subcontractor. As the
name implies, the price of the subcontract is fixed and it is not subject to any adjustment on the basis of
the subcontractor's cost experience in performing the work. Payment is based on the completion of
deliverables and the subcontractor is fully responsible and accountable for the end product.
E. Requirements
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Chemonics will issue a subcontract to a U.S. or international organization or company provided that they
are legally registered and recognized under the laws of the United States or the country where they are
headquartered and are in compliance with all applicable civil and fiscal regulations per the requirements
of the country where they are headquartered. These organizations could include: private firms, civil
society organizations, and/or universities. Individuals are also permitted to compete for this RFP.
The individuals, companies, and organizations that submit proposals for the award must adhere to the
following requirements:
1) Companies or organizations (for profit or non profit) must be legally registered under the laws of the
United States or the country where they are headquartered upon award of the subcontract.
2) The Companies or organizations should be wholly private (no government or government body
ownership).
3) All non-U.S. offerors must complete the vetting form in Annex G and submit it as part of their
proposal.
Offerors may present their proposals as a member of a partnership with other companies or organizations.
The subcontract will be awarded to the leading company in the partnership. The leading company will be
responsible for making all partnership arrangements - division of labor, invoicing, etc - with the other
company(s). A legally registered partnership is not necessary for these purposes; however the different
organizations shall be committed to work together in the fulfillment of the subcontract terms.
F. Terms of the Proposal
This document is only a Request for Proposals, and it in no way obligates Chemonics to either award any
subcontract or pay any of the costs incurred by Offerors in the proposal preparation.
Proposals must remain valid for at least 90 calendar days after the proposal due date.
NOTE: Please note that in submitting a response to this RFP, the Offeror understands that
USAID is not a party to this Request and the Offeror agrees that any protest hereunder shall be
presented to Chemonics International for consideration, as USAID will not consider protests made
to it under USAID-financed subcontracts. Chemonics, at its sole discretion, will make a final
decision on the protest at a level above the contracting officer for this procurement.
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RFP SECTION II
PROPOSAL INSTRUCTIONS
Individuals, companies and organizations interested in being awarded the Palestinian
Telecommunications Cost Modeling subcontract must submit a proposal to PACE. This section details
the process by which these proposals must be written and submitted to PACE. Please carefully follow the
instructions.
A. Key Elements and Important Dates to Remember
Key elements of the competition include:
•
Request for proposal document release date: 8/9/2012. Expression of interest: By 8/10/2012 all
interested companies or organizations should contact Mr. Craig Saltzer at csaltzer@chemonics.com
expressing their interest to participate in the proposal process. This expression of interest does not
constitute an obligation to the offeror or PACE.
•
Submission of Questions: Companies and organizations that are interested in submitting proposals
for the subcontract can submit questions to Mr. Craig Saltzer at csaltzer@chemonics.com by
8/13/2012.
•
Proposal submission date: All applicants will be given one week from the date of the initial
announcement to submit their proposals. All proposals must be received electronically by 12:00PM
EST on 8/17/2012. Late offers will be considered at the discretion of PACE. PACE, however, cannot
guarantee that late offers will be considered.
•
Proposal Evaluation: The Chemonics’ PACE Evaluation Committee will evaluate written
submissions and will score the proposals based on the evaluation criteria set forth in Section III if this
document.
•
Interviews: The Chemonics’ PACE Evaluation Committee may require offerors with the three
highest scores to have an interview.
•
Subcontract Award: Chemonics will select the best value applicant based upon technical scores,
interviews (if applicable), and financial proposals.
B. Procedures for Submission of Offers
Individuals, companies and organizations that are interested in submitting a proposal for the subcontract
must submit a technical proposal and a financial proposal by 8/17/2012. The “Technical Proposal”
should contain information about your technical approach. The “Financial Proposal” should contain the
estimated costs that your company or organization expects to incur in order to undertake your plan and
complete the deliverables. In order to create a fair competition process for all companies and
organizations, please adhere to the following procedures for submitting technical and financial proposals.
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•
One copy of the technical and financial proposal must be submitted electronically in Adobe
PDF format. Both documents should be text searchable, or alternatively a separate version in
Microsoft Word may be submitted along with the PDF. The documents should be properly titled with
the name of the offeror’s company or organization, and whether it is the technical or cost proposal.
•
In order to evaluate the merits of the technical approach independent from the cost, technical
proposals should not have any reference to the cost and should be submitted as a separate document.
•
In addition to the Adobe PDF documents, the offered should submit their financial proposal
spreadsheets using software that is compatible with MS Excel. The spreadsheets should use
formulas to calculate totals and other figures. The Chemonics PACE Evaluation Committee would
like to see how offerors calculate their financial proposals so please do not enter totals and other
derived figures manually.
•
The technical proposal should be submitted on 8.5 x 11 sized paper. The Technical Proposal should
not exceed 5 pages in length (equal to 12-point Times New Roman font, single spaces). This page
limit does not include charts, tables, or other required attachments. Each page should be numbered
consecutively. There is no page limit for the financial proposals.
•
All documents must be submitted electronically by 12:00pm noon (local time) on 8/18/2012 to the
following email address:
Email: csaltzer@chemonics.com
You may address your email body to Mr. Craig Saltzer. Upon delivery, applicants will be issued an
email reply confirming receipt of their submission.
•
Chemonics reserves the right to request additional information if it is deemed necessary.
•
Information provided by offerors will remain confidential for use only by Chemonics International
and USAID.
C. Contents of the Proposal
The proposal and other requested documents are intended to confirm the status of the offeror, the
management and financial capacity to responsibly manage the funds, and the corporate capabilities to
undertake the proposed activities. Proposals should consist of the following three components: 1)
Institutional information letter; 2) Technical proposal; and 3) Financial proposal. Each of these three
components is described below.
1. Institutional Information (1 page, suggested)
Offerors are encouraged to use the Model Applicant Cover Letter (provided in Annex B of this document)
in order to convey the following institutional information. This letter should be written in English and
include the following:
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1) Name of the individual, company, or organization
2) Type of company or organization
3) Address
4) Telephone
5) Fax
6) E-mail
7) Full names of members of the Board of Directors and Legal Representative (as appropriate)
8) Taxpayer Identification Number
9) Official bank account information
10) Other required documents:
a) Copy of Certificate of Incorporation, or similar registration document subject to a company’s or
organization’s registration status, from the public office where the Offeror is registered,
incorporated, etc.
b) A statement of responsibility and certification that the Offeror has sufficient financial, technical,
and managerial resources to complete the activity described in the Scope of Work, or the ability
to obtain them. 3 Offerors should use the Evidence of Responsibility template that is included in
annex E.
c) All non-U.S. offerors must complete the vetting form found in Annex G and include it as part of
their proposal.
2. Technical Proposal (Limit of 5 pages.)
Offerors must submit a technical proposal written in English that demonstrates the company or
organization’s plans to achieve the Scope of Work and shows the offeror’s corporate capability to
undertake the proposed activities. The technical proposals should include these four sections:
1) Technical Approach. The following are considered as necessary to include in the technical approach:
(1) an explanation demonstrating understanding of the situation and background, (2) proposed ideas on
how to achieve the Scope of Work results, (3) general timeframe, (4) description of deliverables and
results, (5) their staffing plan for the activity, (6) performance outcomes, and (7) an implementation plan.
2) Key Staff. Identify the consultant(s) from your organization or firm (if not responding as an
individual) who will primarily implement the scope of work in this RFP and describe their relevant
qualifications and they roles that they will play. If a team of more than one individual is proposed, please
illustrate the structure of the team internally and how team members will coordinate with the MTIT and
PACE. Please include CVs and three references for each key staff member proposed. The number of key
staff members needed will depend on the offerers technical approach. Note that the place of work for field
portions of this assignment will be in Ramallah. All proposed staff must be willing and able to travel to
the West Bank.
3) Corporate Capabilities. Offerors should describe the structure of the company or organization’s
current operations. Please explain the depth and breadth of your experience developing LRIC models for
telecommunications regulators.
Offerors should also include the following:
3
This is a requirement as per U.S. FAR 9.104-1 (U.S. regulation).
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a) Information about the offeror’s capability to manage a project financially and administratively. All
firms must display sound management in the form of financial, administrative, and technical policies
and procedures that are in written format and present a system of controls that safeguard assets,
protect against fraud, waste, and abuse; and support the achievement of program goals and objectives.
b) Briefly describe the company or organizations’ size, technical expertise, and management structure.
c) Describe in several paragraphs the types of services offered by the firm or organization, including the
firm or organization’s main strengths.
d) Information about the individual, or company’s existing resources for the activity/ies, including:
i.
Facilities and offices currently used by the individual, firm or organization.
ii.
General description of the office equipment, and its suitability for use in the activity.
iii.
Existing databases, reference materials, etc. that the company or organization has at its disposal.
iv.
If the offerors’s current resources—office space, equipment, reference materials, etc.—are not
sufficient for the activity under this proposed subcontract, then the offeror should detail in the
proposal the types of material support or administrative support the offeror will require to
undertake the subcontract.
4) Subcontractor Past Performance. The offeror must demonstrate its current capabilities by providing
information about similar types of work that it has offered to clients in the past.
It is suggested that the offeror cover the following:
a) Experience developing LRIC cost models for national telecommunications industry strategies as
described in the SOW. Please specify the offeror’s experience working directly with national
ministries and stakeholders. List in a table at least 5 relevant activities over the past 3 years that
demonstrate the corporate capabilities of the firm or organization, specifying the following variables.
i.
Type of project or consultancy
ii.
Type of client (private company, government, overseas company, donor agency, etc.)
iii.
Duration of services provided to client
iv.
Description of services delivered to client
v.
Results achieved for client
b) Description of experience in contexts similar to that of the West Bank.
c) Provide 3 client references that can attest to the abilities of the offeror’s firm or organization. Please
include name, address, and current email address and telephone number.
3. Financial Proposal (No page limit.)
All offerors must prepare a separate, detailed Financial Proposal that is written in English and that shows
the proposed costs of the activity. Chemonics will use the Financial Proposal to establish that the costs
are reasonable. The budget submitted shall stipulate the units of measurement and unit values, and it
should be expressed in US Dollars. Please include travel, hotel, danger pay and per diem costs based on
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U.S. State Department rates in the budget calculations or lower rates as proposed by the offeror. These
can be found at the following website:
http://aoprals.state.gov/web920/location_action.asp?MenuHide=1&CountryCode=1159.
The Financial Proposal will serve as a basis for negotiating the subcontract. While Chemonics suggests
that the offerer should maintain total estimates costs below $150,000, the final subcontract ceiling will
decided based on best value and the quality of the services provided to the Palestinian Authority MTIT.
A biodata sheet (per annex D) must be filled in for each staff member with a proposed salary in the
budget. The biodata sheet indicates a person’s salary history to justify the proposed salary rate.
Chemonics will use the biodata to confirm that proposed salaries are fair and reasonable. Please see
Annex D for a biographical data template.
The winning offeror will receive a subcontract from PACE. This will be in the form of a “Firm Fixed
Price Subcontract” (hereafter referred to as “fixed price subcontract”), which places full responsibility for
all costs and implementation upon the contractor. Offerors must therefore prepare a Financial Proposal
that provides the best estimate of all costs associated with the activities they proposed in the Technical
Proposal. Offerors with existing infrastructure such as offices, computers, vehicles, etc. may use these
assets to operate the subcontract and thereby reduce their overall proposed cost.
To determine the price of the subcontract, cost or price analysis must take place. Chemonics evaluates
the proposed subcontractor's salaries, indirect cost rates, if applicable, and their application, other direct
costs, and travel and allowances line items, to ensure that PACE is receiving a fair and reasonable price.
In addition to numerical spreadsheets, all Financial Proposals should include detailed written cost
notes (written in English) that explain assumptions and cost realism of items in the financial proposal.
This will allow the offeror to explain the Financial Proposal in terms that might not be immediately
apparent from the cost spreadsheets. The cost notes will also assist the Evaluation Committee in
understanding how the offeror established the budget.
A guide to developing the financial proposal is included in Annex C.
D. Negotiations
Chemonics requests that proposals reflect the best offer of each offeror. It is anticipated that Chemonics
will make its award on the basis of a offeror’s original proposal. However, Chemonics reserves the right
to have discussions with, and/or request clarifications from, offerors prior to award of the subcontract.
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RFP SECTION III
EVALUATION CRITERIA
Awards will be made to a responsive offeror whose offer follows the Request for Proposal (RFP)
instructions, meets the technical specifications, and is judged to be most advantageous to Chemonics in
terms of technical quality, personnel qualifications, experience, and price. In judging the offers, the
Chemonics Evaluation Committee will evaluate the proposals as follows:
1. Technical Proposal
Maximum
Points: 100
Technical Approach
•
The offeror’s approach to the activity’s implementation and management
should demonstrate understanding of the state of the Palestinian
telecommunications sector and the needs of the MTIT.
• The planned approach, consistent with PACE requirements (technical and
administrative)
• Sound approach to management of the subcontract
• Realism of time frame for proposed activity, and ability of the offeror to quickly
implement the activity upon award of the subcontract
Key Staff
•
Personnel capable of successfully implementing the proposed activities
30
40
•
Availability and plan to employ personnel with appropriate qualifications and
skills (including full and part-time employees and consultants)
Corporate Capabilities
•
•
Principals and management possess the managerial and leadership qualities
necessary to successfully oversee the implementation of the subcontract
Administrative and financial responsibility: Systems and procedures for
managing and reporting on the implementation of the project are in place and
functional
15
Past Performance
•
Previous experience conducting similar activities, including scope, magnitude
and complexity of past consultancies
• Contact details for references. i.e previous customers/clients
15
2. Cost proposal /Budget
•
•
•
•
Costs of labor are fair and realistic (per biodata sheets)
Other direct costs are fair and realistic
Indirect rates – if any – are supported by independent audited statements
Fee – if included – is fair and realistic
TOTAL
No points
(Best Value)
100 points
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RFP SECTION IV
FIXED PRICE SUBCONTRACT
This subcontract template will be finalized prior to award with information from the successful
offeror’s proposal.
FIXED PRICE SUBCONTRACT
No. FPS-10-00X-name of subk
Between
CHEMONICS INTERNATIONAL INC.
(acting through its Subsidiary office, Chemonics International LTD
in Al Masyoun, Ramallah, West Bank)
And
Name of sub
Address of sub
Hereinafter referred to as the Subcontractor
For
USAID under the USAID Prime Contract No. 294-C-00-08-00225-00
Palestinian Health Sector Reform and Development Project
Period of Performance:
Total Fixed price:
From the date of signature to XXX
Total price
Contents
Section A
Section B
Section C
Section D
Section E
Section F
Section G
Section H
Section I
Section J
Background, Scope of Work, Deliverables, and Deliverables Schedule
Reporting and Technical Direction
Period of Performance
Fixed price, Invoicing and Payment
Intellectual Property Rights
Cross Indemnity and Subcontractor Waiver of Benefits
Compliance with Applicable Laws and Standards
Governing Law and Resolution of Disputes
Organizational Conflicts of Interest
Anti-Kickback (Corruption)
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Section K
Section L
Section M
Section N
Section O
Section P
Section Q
Annexes
Reserved
Set-Off Clause
Assignment and Delegation
Branding Policy
Taxes
Special Mandatory clauses
Contract Clauses Incorporated by Reference
The Subcontractor agrees to furnish and deliver all items or perform all the services set forth or
otherwise identified above and on any continuation sheets for the consideration stated herein.
The rights and obligations of the parties to this fixed price subcontract shall be subject to and
governed by the provisions and specifications attached or incorporated by reference herein and
executed by both parties. Mandatory clauses found in the following pages are incorporated into
and form an integral part of this agreement.
For
Chemonics International Inc.
By: XXX
Title: Chief of Party
Date: XXXX
Place Signed:________________________
For
Name
By: XXXX
Title: XXXX
Date:
XXXX
Place Signed:____________________
Page 18 of 51
Section A.
A.1.
Background, Scope of Work, Deliverables and Deliverables Schedule
Background
To be finalized prior to award
A.2.
Scope of Work
A.3.
Deliverables
The Subcontractor shall deliver to Chemonics the following deliverables, in accordance with
the schedule set forth in Section A.4, below.
Deliverable No. 1.: Deliverable description to be finalized prior to award
Deliverable No. 2: Deliverable name to be finalized prior to award
Deliverable description to be finalized prior to award
A.4.
Deliverables Schedule
The Subcontractor shall submit the deliverables described above in accordance with the
following Deliverables Schedule:
Deliverable
No.*
1
2
Deliverable
Name*
Deliverable description
to be finalized prior to award
Due
Date
Date to be finalized
prior to award
Deliverable description
to be finalized prior to award
Date to be finalized
prior to award
*Deliverable numbers and names refer to those fully described in Section A.3, above.
Chemonics reserves the unilateral right to terminate this fixed price subcontract at any time,
paying for all deliverables completed at the time of termination and a pro-rata share of any
deliverable in progress, in accordance with FAR Clause 52.249-1, Termination for Convenience of
the Government (Fixed Price) (Short Form) (April 1984), which is incorporated by reference in
Section O herein.
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Chemonics may order changes in the scope of work above pursuant to the Federal
Acquisition Regulation (FAR) Clause 52.243-1 (Alt.III), Changes—Fixed Price, which is
incorporated by reference in Section O herein.
Section B.
Reporting and Technical Direction
The Subcontractor shall render the services and produce the deliverables stipulated in Section
A., above, under the general technical direction of the to be finalized prior to award, or his/her
designee. The to be finalized prior to award, or his/her designee will be responsible for monitoring
the Subcontractor’s performance under this fixed price subcontract. The Subcontractor shall not
communicate directly with USAID during the performance of this fixed price subcontract.
Section C.
Period of Performance
The effective date of this fixed price subcontract is on the date of the latter signature, and the
completion date is to be finalized prior to award. The Subcontractor shall deliver the deliverables set
forth in Section A., Background, Scope of Work, Deliverables and Deliverables Schedule to the to be
finalized prior to award in accordance with the schedule stipulated therein.
In the event that the Subcontractor fails to make progress so as to endanger performance of
this fixed price subcontract, or is unable to fulfill the terms of this fixed price subcontract by the
completion date, the Subcontractor shall notify Chemonics forthwith and Chemonics shall have the
right to summary termination of this fixed price subcontract upon written notice to the Subcontractor
in accordance with the incorporated FAR Clause 52.249-8, Default (Fixed-Price Supply and Service).
Section D.
D.1.
Subcontract fixed price, Invoicing and Payment
Subcontract fixed price
As consideration for the delivery of all of the products and/or services stipulated in Section
A., Chemonics will pay the Subcontractor a total of US$ to be finalized prior to award. This figure
represents the total price of this subcontract and is fixed for the period of performance outlined in
Section C., Period of Performance. Chemonics will pay the total price through a series of installment
payments. Chemonics will make each payment subject to Section D.3, below, after Subcontractor’s
completion of the corresponding deliverable indicated in the following table:
Deliverable
Numbers *
Deliverable Name*
1
2
3
4
Installment
Amount in US$
Page 20 of 51
*Deliverable numbers and names refer to those fully described in Section A.3, above.
D.2.
Invoicing
Upon to be finalized prior to award’s acceptance of the contract deliverables described in
Section A., Background, Scope of Work, Deliverables and Deliverables Schedule, the Subcontractor
shall submit an original invoice to Chemonics for payment. The invoice shall be sent to the attention
of the Deputy Chief of Party for Operations, Mrs. Rebecca Sherwood and shall include the following
information: a) subcontract number, b) deliverables delivered and accepted, c) total amount due, per
Section D.1., above; and d) Payment address/bank account number.
D.3
Payment
Chemonics will pay the Subcontractor’s invoice within thirty (30) business days after both a)
Chemonics’ approval of the Subcontractor’s deliverables, and b) Chemonics’ receipt of the
Subcontractor’s invoice. Payment will be made in accordance to D1 payment schedule, paid to the
account specified in the Subcontractor’s invoice.
Section E.
Intellectual Property Rights
The ownership of all copyright and other intellectual property rights in respect of any data
compilations, research, spreadsheets, graphs, reports, diagrams, designs, work products, software, or
any other documents, developed in connection with this fixed price subcontract will exclusively vest
in or remain with Chemonics, which shall have all proprietary rights therein, notwithstanding that the
Subcontractor or its employees may be the author of the intellectual property. All documents relating
to the intellectual property or otherwise connected with this fixed price subcontract, the services, or
duties must be returned or delivered to Chemonics at the time of the expiration or termination of the
subcontract. The Subcontractor agrees not to publish or make use of any of the intellectual property,
or documents relating thereto, without the prior written approval of Chemonics and proper
attribution.
Section F.
Indemnity and Subcontractor Waiver of Benefits
(a) The Subcontractor waives any additional benefits and agrees to indemnify and save harmless
Client and Chemonics, their officers, directors, agents, and employees from and against any and all
claims and liability, loss, expenses, suits, damages, judgments, demands, and costs (including
reasonable legal and professional fees and expenses) arising out of:
(1) The acts or omissions of Subcontractor, its employees, officers, directors, agents or its
subcontractors;
(2) injury or death to persons, including officers, directors, employees, agents and
subcontractors of Subcontractor, or loss of or damage to property, or fines and penalties which
may result, in whole or in part, by reason of the buying, selling, distribution, or use of any of
the goods or services purchased or provided under this Subcontract except to the extent that
such damage is due to the negligence of Chemonics;
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SECTION H.
GOVERNING LAW AND RESOLUTION OF DISPUTES infringement or
(3) the
violation of any patent, copyright, trademark, service mark, trade secret, or other proprietary
interest of any third party resulting from Chemonics’ use, distribution, sale, sublicensing, or
possession of the goods (including software and all forms of written materials) or services
purchased or provided, as authorized hereunder, or from the use or possession of said goods or
services by Client, as authorized hereunder; or false claims submitted by Subcontractor or its
subcontractors under this Subcontract or as a result of a Subcontractor misrepresentation of fact
or fraud by Subcontractor.
(b) Subcontractor shall defend and settle at its sole expense all suits or proceedings arising out of
the foregoing, provided that Subcontractor has notice or is given prompt written notice of such
claim or suit and, further, that Subcontractor shall be given necessary information, reasonable
assistance and the authority to defend such claim or suit. Subcontractor shall not settle,
compromise or discharge any pending or threatened suit, claim or litigation, arising out of, based
upon, or in any way related to the subject matter of this subcontract and to which Chemonics is or
may reasonably be expected to be a party, unless and until Subcontractor has obtained a written
agreement, approved by Chemonics (which shall not be unreasonably withheld) and executed by
each party to such proposed settlement, compromise or discharge, releasing Chemonics from any
and all liability.
(c) If any of the goods or services provided by Subcontractor hereunder, including without
limitation software and all forms of written materials, become the subject of a claim of
infringement or violation of a third party's intellectual property, privacy and/or proprietary rights,
Subcontractor shall, at its own expense, use its best efforts-(1) to procure for Chemonics the right to continue use and, if authorized under this
Subcontract, distribution of the infringing goods or services or,
(2) to modify the goods or services to make them non-infringing, or to replace them with
equivalent, non-infringing counterparts.
If none of the above mentioned can be successfully implemented, then Subcontractor shall refund
to Chemonics all monies paid Subcontractor for the infringing goods and services.
Section G.
Compliance with Applicable Laws and Standards
All work shall be performed in accordance with all applicable Palestinian and U.S. laws,
ordinances, codes, regulations, and other authoritative rules of Palestine and its political subdivisions
and with the standards of relevant licensing boards and professional associations. The Subcontractor
shall also comply with the applicable USAID regulations which govern this fixed price subcontract,
which are incorporated by reference into this contract, and appear in Section O., Clauses
Incorporated by Reference.
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(a) Governing Law. This Subcontract, including any disputes related thereto, shall be governed
by the laws of the District of Columbia.
(b) Disputes with the Government. Chemonics’ Prime Contract with the Government is subject to
the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Any claim arising out of the
performance of this Subcontract that relates to any decision of the Government under the prime
contract must be resolved in accordance with the clause at FAR 52.233-1 Disputes, which is
incorporated herein by reference.+
(1) Any decision of the Government under the Prime Contract, if binding on Chemonics,
shall also bind the Subcontractor to the extent that it relates to this Subcontract, provided
that Chemonics shall have promptly notified the Subcontractor of such decision and, if
requested by Subcontractor, shall have brought suit or filed claim, as appropriate against
the Government, or, in alternative, agreed to sponsor Subcontractor’s suit or claim. A final
judgment in any such suit or final disposition of such claim shall be conclusive upon
Chemonics and the Subcontractor.
(2) For any action brought or sponsored by Chemonics on behalf of the Subcontractor
pursuant to this clause, the Subcontractor agrees to indemnify and hold Chemonics
harmless from all costs and expenses incurred by Chemonics in prosecuting or sponsoring
any such appeal.
(c) Disputes between the Parties. The following procedures shall govern the resolution of any
controversy, dispute or claim between or among “Parties,” arising out of the interpretation,
performance, breach or alleged breach of this Subcontract (“Dispute”) that is covered by (b)
above.
(1) Negotiation. The Parties shall promptly attempt to resolve any Dispute by negotiation in
the normal course of business. If, after good faith efforts, the Dispute is not resolved, either
Party may request in writing that the Dispute be resolved via Executive Consultation
pursuant to subparagraph (2) below.
(2) Executive Consultation. For Disputes submitted to Executive Consultation, each Party
shall designate a senior company official with authority and responsibility for attempting to
resolve the matter. For Chemonics, such designee shall be a Senior Vice President, or a
person at a higher level of authority. For Subcontractor, such designee shall be an
authorized signatory or a person at a higher level of authority. The Party initiating the claim
shall provide, in addition to documents supporting the claim, a brief summary of the claim,
its perception of the positions of the Parties and any perceived barriers to settlement of the
case. The summary may be submitted directly to the designated Party Executive. Within 30
calendar days after delivery of the claim summary, the Parties shall meet and attempt to
resolve the Dispute. If the Dispute is not resolved within 45 days from submission of the
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claim summary, or such other amount of time as agreed between the Parties, the claiming
Party may proceed under subparagraph (3) below.
(3) Arbitration. Any controversy or claim between the Parties arising out of or relating to
this Subcontract, or the breach thereof, that has not been resolved by Executive
Consultation, shall be settled by arbitration administered by the American Arbitration
Association in accordance with its Commercial Arbitration Rules, including the Optional
Rules for Emergency Measures of Protection, unless otherwise provided herein. The
arbitrators shall not be empowered to award damages in excess of compensatory damages
and each Party expressly waives and foregoes any right to punitive, exemplary, or similar
damages. Each Party will bear the cost of its own Attorney-Fees. The Arbitration shall be
in Washington, D.C., unless otherwise agreed between the Parties.
(d) Obligation to perform work. Subcontractor shall diligently proceed with the performance of
work pending final resolution of any Dispute.
Section I.
Organizational Conflicts of Interest
It is understood and agreed that some of the work performed under this subcontract may
place the Subcontractor or its personnel in the position of having an organizational conflict of
interest. Such an organizational conflict of interest may impair the objectivity of the Subcontractor
or its personnel in performing the work. To preclude or mitigate any potential conflicts of interest,
Subcontractor agrees not to undertake any activity which may result in an organizational conflict of
interest without first notifying Chemonics International of such potential conflict of interest and
receiving Chemonics International’s written approval to undertake such activities.
Section J.
(a)
Anti-Kickback (Corruption)
Definitions.
Kickback, as used herein, means any money, fee, commission, credit, gift, gratuity, thing of
value, or compensation of any kind, which is provided, directly or indirectly, to Chemonics, the
Palestinian Health Sector Reform and Development Project office or any of its employees, the
Subcontractor or Subcontractor employees, or vendors in any way related to the performance or
subsequent activities of this subcontract, for the purpose of improperly obtaining or rewarding
favorable treatment in connection with this subcontract.
Person, as used in this clause, means a corporation, partnership, business association of any
kind, trust, joint-stock company, or individual.
Subcontractor employee, as used in this clause, means any officer, partner, employee, or
agent of the Subcontractor.
Page 24 of 51
The Subcontractor and its employees,
ASSIGNMENT AND DELEGATION (b)
whether directly or indirectly engaged in the
performance of this subcontract, agree to abide by the terms of The United States Anti-Kickback Act
of 1986, which prohibits any person from providing or attempting to provide any kickback;
soliciting, accepting, or attempting to accept any kickback; or including, directly or indirectly, the
amount of any kickback in the contract price charged by the Subcontractor to Chemonics.
SECTION M.
When the Subcontractor has reasonable grounds to believe that a violation described in paragraph (b)
of this provision may have occurred, the Subcontractor shall promptly report in writing the possible
violation. Such reports shall be made to Chemonics, who shall forward the report to the USAID
Inspector General for investigation.
The Subcontractor further agrees to cooperate fully with any United States Government agency
investigating a possible violation described in paragraph (b) of this clause.
Chemonics may offset the amount of the kickback against any monies owed by Chemonics under this
fixed price subcontract or order the monies withheld from future payments due the Subcontractor.
The Subcontractor agrees to include the substance of this provision in any contract it may issue under
this subcontract.
Section K.
Reserved
Section L.
Set-Off Clause
Chemonics reserves the right of set-off against amounts payable to Subcontractor under this
Subcontract or any other agreement the amount of any claim or refunds Chemonics may have against
Subcontractor.
This Subcontract agreement may not be assigned or delegated, in whole or in part, by the
Subcontractor without the written consent of Chemonics. Absent such consent, any assignment is
void.
Section N.
Branding Policy
Marking of subcontract deliverables shall comply with the USAID “Graphic Standard
Manual” available at www.usaid.gov/branding, or any successor branding policy.
Section O Taxes
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No taxes and duties will be paid as part of or in addition to the purchase order price. VAT and all
other fees and duties should not be included in the cost, as VAT exemption will be facilitated by the
project.
VAT exemption
Pursuant to agreements with the Palestinian Authority (PA) and the Government of Israel
(GOI), all imports and expenditures under the prime contract by Chemonics will be exempt
from Value-Added Tax (VAT) and customs duties imposed by the PA and from customs
duties imposed by the GOI. Therefore, in accordance with paragraph (a) of FAR 52.229-8,
Taxes--Foreign Cost-Reimbursement Contracts (3/90), Palestinian VAT and Palestinian and
Israeli customs duties shall not constitute allowable costs under this contract. There are no
exemptions from VAT imposed by the GOI. Therefore, Israeli VAT is an allowable cost
under this contract.
Vendors within the West Bank and Gaza
With the assistance of USAID, the USAID Palestinian Health Sector Reform and
Development Project acquired registered status within Palestine and obtained a zero percent
(0%) VAT status and the project shall use this exemption to avoid paying Palestinian VAT to
local vendors. As a result, vendors registered in the West Bank and Gaza must exclude VAT
in invoices resulting from a contract with the project. The project will provide vendors with
an approval letter from the Palestinian VAT Department to authorize 0% VAT invoices.
Vendors within Israel
The USAID Palestinian Health Sector Reform and Development Project is not registered in
Israel and so the project will not be able to seek VAT exemption directly from the GOI.
Vendors registered in Israel will be expected to include VAT in invoices resulting from a
contract with the project. For the purposes of Israeli tax refunds all companies registered in
Jerusalem/ Israel shall make all invoices in the name of the Chemonics International Inc. /
USAID Palestinian Health Sector Reform and Development Project. Chemonics reserves the
right to reject invoices or refuse to reimburse the contractor/supplier for tax on invoices that
are not properly labeled.
International Vendors
For all vendors registered outside of Israel, the West Bank, and Gaza, Israeli customs duties
and VAT shall not constitute allowable costs under this contract. International vendors under
contract will be able to receive exemption from customs duties and VAT with the assistance
of the USAID Palestinian Health Sector Reform and Development Project.
Section P.
Mandatory Clauses
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The subcontractor is required to insert the mandatory clauses below in all lower tier contracts under
this agreement. The term “contract” means any mutually binding legal relationship obligating the
seller to furnish the supplies or services and the buyer to pay for them (FAR 2.1). This term includes,
but is not limited to, purchase orders, independent contractor agreements, leases, MOUs,
subcontracts (when such lower tier subcontracts are authorized in advance by Chemonics),
independent contractors), etc.
P. 1 Prohibition against Support for Terrorism
(a) The Contractor/Recipient is reminded that U.S. Executive Orders and U.S. law prohibit
transactions with, and the provision of resources and support to, individuals and organizations
associated with terrorism. It is the legal responsibility of the Contractor/Recipient to ensure
compliance with these Executive Orders and laws.(b) One of the applicable orders is Executive Order
13224, dated September 24, 2001. The website of the Office of Foreign Assets Control (OFAC) of
the Department of Treasury contains the text of that order and a list of the individuals and entities
designated there under. It also contains lists of individuals and entities designated under other antiterrorism
statutes,
regulations
and
Executive
Orders.
See
http://www.treasury.gov/offices/enforcement/ofac/sdn/. (c) USAID, via Chemonics, reserves the
right to review, and either approve or reject, the following subawards if proposed under this
contract/agreement: (i) any contract or subcontract in excess of $25,000 with a non-U.S. organization
or individual; and (ii) any grant or subgrant to a non-U.S. organization or individual, regardless of the
dollar value. Furthermore, the written consent of USAID is required before certain other forms of
assistance may be provided to a non-U.S. organization or individual. These include in-kind assistance
such as renovation of an NGO’s facilities, repair or replacement of a company’s equipment, and
certain training activities. The details of these requirements are described in notices issued by
USAID/West Bank & Gaza from time to time. No approval (or failure to disapprove) by USAID
shall relieve the Contractor/Recipient of its legal obligation to comply with applicable Executive
Orders and laws. (d) USAID and Chemonics reserve the right to rescind approval for a
subaward/grant under contract or sub-contract in the event that USAID subsequently becomes aware
of information indicating that the subaward/grant under contract or sub-contract is contrary to U.S.
law or policy prohibiting support for terrorism. In such cases, USAID’s Contracting Officer will
provide written instructions to the Contractor/Recipient to terminate the subaward. (e) USAID
reserves the right to terminate this contract/agreement if USAID determines that the
Contractor/Recipient is involved in or advocates terrorist activity or has failed to comply with any of
the requirements of this provision. (f) This provision, including this paragraph (f), shall be included
in all contracts, subcontracts, grants and subgrants issued under this contract/agreement. Upon
request, the Contractor/Recipient shall promptly provide Chemonics a copy of the pages from each
subaward that contains this provision and Chemonics in turn will provide to USAID’s Contracting
Officer.
[In addition to the clauses set forth above, the following clause shall appear in each award made
directly by USAID and each subaward made by a USAID prime contractor or recipient.]
(g) The Contractor/Recipient agrees to promptly notify Chemonics in the event of any change
in the identity of its “key individuals” or in the identity of “key individuals” of any recipient of a
subaward described in paragraph, and Chemonics will in turn notify USAID’s Contracting Officer
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Technical Representative (COTR) (c). For purposes of this requirement, “key individuals” means (i)
principal officers of the organization’s governing body (e.g., chairman, vice chairman, treasurer and
secretary of the board of directors or board of trustees); (ii) the principal officer and deputy principal
officer of the organization (e.g., executive director, deputy director, president, vice president); (iii)
the program manager or chief of party for the USAID-financed program; and (iv) any other person
with significant responsibilities for administration of USAID-financed activities or resources. Note
that this definition differs from the definition of “key personnel” under contracts and cooperative
agreements.
(i)
P.2
Prohibition against Cash Assistance to the Palestinian Authority
(ii)
U.S. legislation provides that none of the funding under this Award may be
“obligated or expended with respect to providing funds to the Palestinian Authority”. In accordance
with that prohibition, the Contractor/ Recipient shall not provide any cash to the Palestinian
Authority; to any ministry, agency or instrumentality of the Palestinian Authority; to any
municipality or other local government unit; or to any full-time or part-time employee or official of
any of the foregoing entities. This restriction applies to payments of any kind, including salaries,
stipends, fees, honoraria, per diem, and so forth. This restriction does not prohibit the provision of inkind assistance, such as technical assistance, training, equipment, supplies, or the construction of
public works to the extent it is not otherwise prohibited by U.S. law or the terms of this contract.
This provision shall be included in all contracts, subcontracts, grants and subgrants or any other
instruments or awards issued under this contract, subcontracts, grants and sub grants. Upon request,
the Contractor/ Recipient shall promptly provide to Chemonics a copy of the pages from each
subaward that contains this provision and Chemonics will in turn provide to USAID’s Contracting
Officer.
(iii)
P.3
Restriction on Facility Names
(iv)
(a) No assistance shall be provided under this contract/agreement for any school, community
center or other facility that is named after any person or group of persons that has advocated,
sponsored or committed acts of terrorism. This includes any facility that has "shuhada" or "shaheed"
("martyr” or "martyrs") in its name, unless an exception is approved by the USAlD Mission Director.
In any case where assistance is proposed for a facility that is named after, or is planned to be named
after, a person or group of persons, the Contractor/Recipient shall provide to USAID's Contracting
Officer Technical Representative (COTR) via Chemonics written information about the person(s) or
group and shall not proceed with the assistance unless or until the COTR has provided written
approval therefore. This restriction applies to all forms of cash or in-kind assistance, including
construction services, equipment, supplies, technical assistance, and training. (b) In case of any
failure to comply with this restriction, Chemonics/ USAlD may disallow any or all costs incurred by
the Contractor/Recipient with respect to the facility and, if necessary, issue a bill for collection for
the amount owed. This is in addition to any other remedies that maybe available to USAlD for such
noncompliance. (c) This provision, including this paragraph (c), shall be included in all contracts,
subcontracts, grants and subgrants issued under this contract/agreement. Upon request, the
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Contractor/Recipient shall promptly provide to Chemonics a copy of the pages from each subaward
that contains this provision and Chemonics will in turn provide to USAID's Contracting Officer.
P.4
Required Vetting for Training Participants
In accordance with “Update to Mission Order #21” dated October 5, 2007 and
particularly to section V. VETTING PROCEDURES (3) Trainees, vetting is required for nonUS individuals for whom USAID finances (a) training, study tours, or invitational travel in the
U.S. or third countries, regardless of the duration; or (b) training in West Bank/Gaza lasting more
than five (5) consecutive work days (regardless of the number of hours of training on each day
and over a period of year). Therefore, prior to starting any training activity, the subcontractor is
required to notify Chemonics of such training activity and get a trainee vetting/no vetting
determination. This vetting/no vetting request shall include a detailed schedule of training
courses, including the training topic, number of training hours, specific number of days and
description of the participants. In addition, the subcontractor is required to immediately notify
Chemonics if the training schedule is modified or there is a change in the names of the
participants. Failure to fulfill these requirements can be a cause of disallowance of the costs of
the training and/or termination of the subcontract.”
Section Q.
Clauses Incorporated by Reference
This fixed price subcontract incorporates the following clauses of the Federal Acquisition
Regulations (48 Code of Federal Regulations, Chapter 1) and AID Acquisition Regulations (48 Code
of Federal Regulations, Chapter 7) by reference, with the same force and effect as if they were given
in full text.
The full text is available at http://www.arnet.gov/far/ and
http://www.info.usaid.gov/pubs/ads/aidar9-1.pdf. Modifications which apply to this fixed price
subcontract appear after each clause. It is understood and agreed that the Subcontractor may be
obligated by and to Chemonics for any specifications or documentation required of Chemonics under
these clauses, and that references to the Contractor may also refer to the Subcontractor. The
Subcontractor hereby agrees to abide by the terms and conditions imposed by these clauses. With
respect to documentation and approvals required under these clauses, all such documentation and
approvals shall be submitted to or requested from Chemonics.
References in the text of incorporated clauses to "the Government," "USAID," or
"Contracting Officer" may, depending on their context, refer to "Chemonics," and references to “the
Contractor" may refer to the "Subcontractor."
Federal Acquisitions Regulation (FAR) Clauses
FAR
CLAUSE TITLE AND YEAR
NUMBER
52.202-1
Definitions (DEC 2001)
Page 29 of 51
52.203-3
52.203-6
52.203-7
52.203-12
52.209-6
52.222-19
52.222-21
52.222-26
52.222-50 (Alt I)
52.225-13
52.225-19
52.227-1
52.227-2
52.227-9
52.228-3
52.229-6
52.242-15
52.243-1 (Alt III)
52.246-2
52.246-4
52.246-23
52.246-25
52.249-1
52.249-8
Gratuities (APR 1984)
Restriction on Subcontractors Sale to the Government (JUL 1995)
Anti-Kickback Procedures (JUL 1995)
Limitation of Payment to Influence Certain Federal Transactions (6/97)
Protecting the Government’s Interest when Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (7/95)
Child Labor—Cooperation with Authorities and Remedies (Feb 2008)
Prohibition of Segregated facilities (Feb 1999
Equal Opportunity (Mar 2007)
Combating Trafficking in Persons (8/07)
Restriction on Certain Foreign Purchases (7/2000)
Contractor Personnel in a Designated operational area or supporting a
diplomatic or consular mission outside of the United States.
Authorization and Consent (7/95) [patents]
Notice and Assistance Regarding Patent and Copyright Infringement (8/1996)
Refund of Royalties (4/84)
Workers’ Compensation Insurance (Defense Base Act) (04/1984)
Taxes - Foreign Fixed price Contracts (01/91)
Stop-Work Order (4/84)
Changes-Fixed price (8/87)
Inspection of Supplies – Fixed-Price (8/1996)
Inspection of Services – Fixed price (8/96)
Limitation of Liability (2/1997)
Limitation of Liability – Services (2/1997)
Termination for Convenience of the Government (Fixed-Price) (Short Form)
(4/84)
Default (4/84)
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Agency for International Development Acquisitions Regulation (AIDAR Clauses)
AIDAR
752.202
752.211-70
752.225-70
752.225-71
752.228-3
752.228-70
752.7005
752.7009
Title
Definitions Alt. 70(01/1990)/Alt.72 (01/1990)
Language and Measurement [especially provision in (a)] (06/1992)
Source, Origin and Nationality Requirements (02/1997)
Local Procurement (02/1997) *Only if authorized to procure non-expendables.
Worker’s Compensation Insurance (Defense Base Act)
Medical Evacuation (MEDEVAC) Services*coverage applicable to all US
citizen, US resident alien, and TCN employees and their authorized dependents
while overseas.
Submission Requirements for Development Experience Documents (10/1997)
Marking (01/1993)
752.7025
752.7027
Approvals (4/1984)
Personnel (12/1990)
752.7034
752.7010
Acknowledgement and disclaimer (12/1991)
Voluntary Population Planning Activities (6/2008)
Page 31 of 51
RFP ANNEX A
PROPOSAL CALENDAR
The following calendar summarizes important dates in the proposal process. Offerors are requested to
strictly abide by these deadlines.
DATE
ACTIVITY
8/9/2012
Announcement of request for proposals (RFPs) and
issuance of tender documents.
8/10/2012
Deadline for expressions of intent to submit a proposal on
the subcontract. Notify Mr. Craig Saltzer in writing at
csaltzer@chemonics.com by 6:00 PM EST.
8/13/2012
Deadline for submission of questions regarding the RFP
tender documents or other questions about the subcontract
opportunity. Submit questions in writing to Mr. Craig
Saltzer at csaltzer@chemonics.com by 12:00 PM noon
EST.
8/17/2012
Deadline for Proposal Submissions. All proposals must be
received by PACE by 12:00 PM noon EST.
Page 32 of 51
RFP ANNEX B
MODEL APPLICANT COVER LETTER
<City, Date>
Mr. Craig Saltzer
PACE Project Manager
Chemonics International Inc.
1717 H Street NW
Washington, DC 20006
Subject:
Request for Proposals for PACE fixed price subcontract
Dear Madam:
Please be advised of our interest in submitting a proposal on the referenced request for proposals. For this
purpose, please use the information provided below:
Name of the Entity:
Type of Entity:
Address:
Telephone:
Fax:
E-mail:
___________________________
___________________________
___________________________
___________________________
___________________________
___________________________
Last, First and Middle Names of Members of the Board of Directors and Legal Representative (as
appropriate)
Taxpayer Identification Number
Please see appendices attached containing:
a)
Copy of Certificate of Incorporation, or similar registration document subject to a company’s or
organization’s registration status, from the public office where the Offeror is registered, incorporated, etc.
b)
A statement of responsibility and certification that the Offeror has sufficient financial, technical,
and managerial resources to complete the activity described in the Scope of Work, or the ability to obtain
them. 4 Offerors should use the Evidence of Responsibility template that is included in annex E.
c)
Vetting form (annex G). Must only be completed by non-U.S. offerors
Sincerely yours,
<signature and full name of the legal representative>
4
This is a requirement as per U.S. FAR 9.104-1 (U.S. regulation).
Page 33 of 51
RFP ANNEX C
GUIDE TO CREATING A FINANCIAL PROPOSAL FOR A FIXED PRICE
SUBCONTRACT
The purpose of this appendix is to guide offerors in creating a budget for their Financial Proposal.
Because the subcontract will be funded as part of a United States government-funded project, it is
important that all offerors’ budgets conform to these standard formats. It is thus recommended that
offerors follow the following steps.
Step 1: Design the technical proposal. Offerors should examine the market for the proposed activity,
and realistically assess how they can meet client needs. Offerors should present and rationalize this in
great detail in their technical proposals.
Step 2: Determine the basic costs associated with the activity. The Financial Proposal should provide
the best estimate of the costs associated with the proposed activity, which should include labor and other
direct costs.
Other direct costs (i.e. non-labor) include, but are not limited to, the following.
1. Regional travel and transportation, and associated travel expenses
2. Lodging and per diem expenses associated with travel.
3. Communications
Step 3: Create a budget for the Financial Proposal. Each offeror must create a budget using a
spreadsheet program compatible with MS Excel. The budget should cover the duration of the time period
required for completion. A sample budget is shown on the following page.
Step 4: Write Cost Notes. The spreadsheets used to develop the budget should be copied and pasted into
the Financial Proposal document. Offerors should write notes explaining their costs and the assumptions
they used in developing their budget. These notes should also explain any plans the offeror may have for
sharing the costs of business expansion with PACE, or instances where the offeror will utilize existing
resources to save costs.
Page 34 of 51
Sample Budget: Note - Please ensure that no items include Value Added Tax (VAT).
1.Model Subcontractor Budget -XXX
Line Item
I.
New SubK
September 2012 - December
2012
Unit
Rate
Total
Short-Term Expatriates
Consultant X
0.00
$0.00
Subtotal, Work Days Ordered
II.
$0.00
Travel and Transportation
A.
B.
U.S. Travel/Ground Transfers
International Travel
0.00
0.00
0.00
0.00
Subtotal, Travel and Transportation
III.
$0.00
Danger Pay
Per Diem
Post-Differential
0.00
0.00
0.00
0.00
0.00
0.00
Subtotal, Allowances
D.
E.
F.
G.
H.
I.
$0.00
DBA Insurance (base =
salaries + post diff)
Medical Evacuation Insurance
Medical Exams
Passports/Visas/Work
Permits
Communications
Reproduction Costs
Expendable Supplies
Bank Fees
Resources
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Subtotal, Other Direct Costs
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Subtotal, Materials
$0.00
General and Administrative
G&A on Materials
Subtotal, General and Administrative
Grand Total
$0.00
$0.00
$0.00
Other Direct Costs
A.
B.
C.
V.
$0.00
$0.00
Allowances
A.
B.
C.
IV.
$0.00
-
0.00%
$0.00
$0.00
$0.00
Page 35 of 51
RFP ANNEX D
SAMPLE BIODATA
OMB Control No. 0412-0520; Expiration Date: 02/28/2014
CONTRACTOR EMPLOYEE BIOGRAPHICAL DATA SHEET
1. Name (Last, First, Middle)
2. Contractor’s Name
3. Employee’s Address (include ZIP code)
4. Contract Number
5. Position Under Contract
6. Proposed Salary
7. Duration of Assignment
8. Telephone Number (include area code)
9. Place of Birth
10. Citizenship (If non-U.S. citizen, give visa status)
11. Names, Ages, and Relationship of Dependents to Accompany Individual to Country of Assignment
12. EDUCATION (include all college or university degrees)
NAME AND LOCATION OF INSTITUTION
MAJOR
13. LANGUAGE PROFICIENCY (see Instruction on Page 2)
DEGREE
DATE
Proficiency
Speaking
LANGUAGE
Proficiency
Reading
2/S
2/R
2/S
2/R
2/S
2/R
14. EMPLOYMENT HISTORY
1.
Give last three (3) years. List salaries separate for each year. Continue on separate sheet of paper if required to list all employment related to
duties of proposed assignment.
2.
Salary definition – basic periodic payment for services rendered. Exclude bonuses, profit-sharing arrangements, commissions, consultant fees,
extra or overtime work payments, overseas differential or quarters, cost of living or dependent education allowances.
POSITION TITLE
EMPLOYER’S NAME AND ADDRESS
POINT OF CONTACT &TELEPHONE #
Dates of Employment (M/D/Y)
From
Annual Salary
To
Dollars
15. SPECIFIC CONSULTANT SERVICES (give last three (3) years)
SERVICES PERFORMED
16. CERTIFICATION:
EMPLOYER’S NAME AND ADDRESS
POINT OF CONTACT &TELEPHONE #
Dates of Employment (M/D/Y)
From
To
Days at
Rate
Daily Rate
In Dollars
To the best of my knowledge, the above facts as stated are true and correct.
Signature of Employee
Date
17. CONTRACTOR'S CERTIFICATION (To be signed by responsible representative of Contractor)
Contractor certifies in submitting this form that it has taken reasonable steps (in accordance with sound business practices) to verify the information
contained in this form. Contractor understands that USAID may rely on the accuracy of such information in negotiating and reimbursing personnel under
this contract. The making of certifications that are false, fictitious, or fraudulent, or that are based on inadequately verified information, may result in
appropriate remedial action by USAID, taking into consideration all of the pertinent facts and circumstances, ranging from refund claims to criminal
prosecution.
Signature of Contractor’s Representative
Date
Page 36 of 51
INSTRUCTIONS
Indicate your language proficiency in block 13 using the following numeric Interagency Language Roundtable levels (Foreign
Service Institute levels). Also, the following provides brief descriptions of proficiency levels 2, 3, 4, and 5. 'S' indicates
speaking ability and 'R' indicates reading ability. For more in-depth description of the levels refer to USAID Handbook 28.
1. Limited working proficiency
S
Able to satisfy routine social demands and limited work requirements
R Sufficient comprehension to read simple, authentic written material in a form equivalent to usual printing or transcript
on familiar subjects.
3. General professional proficiency
S Able to speak the language with sufficient structural accuracy and vocabulary to participate effectively in most formal
and informal conversations.
R
Able to read within a normal range of speed and with almost complete comprehension.
4. Advanced professional proficiency
S
Able to use the language fluently and accurately on all levels.
R
Nearly native ability to read and understand extremely difficult or abstract prose, colloquialisms and slang.
5. Functional native proficiency
S
Speaking proficiency is functionally equivalent to that of a highly articulate well-educated native speaker.
R
Reading proficiency is functionally equivalent to that of the well-educated native reader.
PAPERWORK REDUCTION ACT INFORMATION
The information requested by this form is necessary for prudent management and administration of public funds under
USAID contracts. The information helps USAID estimate overseas logistic support and allowances; the educational
information provides an indication of qualifications; the salary information is used as a means of cost monitoring and to help
determine reasonableness of proposed salary.
PAPERWORK REDUCTION ACT NOTICE
Public reporting burden for this collection of information is estimated to average thirty minutes per response, including the
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden, to:
United States Agency for International Development
Procurement Policy Division (M/OP/P)
Washington, DC 20523-1435;
and
Office of Management and Budget
Paperwork Reduction Project (0412-0520)
Washington, DC 20503
AID 1420-17 (9/94) Back
NOTES:
ONE BIOGRAPHICAL DATA SHEET MUST BE SUBMITTED FOR EACH EMPLOYEE OR
CONSULTANT THAT THE OFFEROR HAS INCLUDED IN THE SALARY LINE ITEM AS PART OF ITS
SUBCONTRACT. OFFERORS NEED TO PROVIDE A “VISA STATUS” FOR ITEM NUMBER 10.
FOR ITEMS 14
AND 15, PLEASE REFLECT SALARY HISTORIES IN THE CURRENCY THEY WERE PAID (SPECIFY
CURRENCY).
Page 37 of 51
RFP ANNEX E
REQUIRED CERTIFICATIONS
Federal Acquisition Regulation mandates certain certifications that offerors are required to sign as part of
a request for subcontract proposal (RFP) funded with federal funds. A list of required certifications should
be included in the solicitation document for subcontracts that have not been priced as part of the prime
contract and Offerors must submit all the certifications to be responsive to the RFP.
The required certifications are as follows and their full text can be found in the following pages.
Additional certifications may be required depending upon the prime contract terms and conditions.
•
Certification of independent price determination – (FAR 52.203-2). Certifies that prices in
this offer have been arrived at independently, without, for the purposes of restricting competition,
any consultation, communication, or agreement with other offeror or competitor relating to –
prices, intention to submit an offer, or factors used to calculate prices offered. This is applicable
to any solicitation for fixed price subcontracts over $150,000 only.
•
Subcontractor certification and disclosure regarding payment to influence certain federal
transactions received – (FAR 52.203-11). Certifies that no Federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee or a Member of Congress on his or her behalf in connection with the awarding of any
Federal contract, grant, loan, cooperative agreement, etc. This is applicable to any solicitations
expected to exceed $150,000.
•
Subcontractor certification regarding debarment, suspension, proposed debarment, and
other responsibility matters – (FAR 52.209-5). Certifies that offeror/or any of its Principals are
not presently debarred, suspended, proposed for debarment, or declared ineligible for the award
of contracts by any Federal agency. This is applicable to any solicitations expected to exceed
$150,000.
•
Evidence of Responsibility Statement – Certification describing internal policies and
procedures, listing authorized signatories, and stating that the company is able to comply with the
terms and conditions of the subcontract. This is applicable to all solicitations regardless of value.
Page 38 of 51
All subcontracts and purchase orders that exceed $150,000 should have this signed certification.
The offeror is certifying that there was no price collusion, in other words offerors did not consult with
each other when proposing prices.
52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION
As prescribed in 3.103-1, insert the following provision. If the solicitation is a Request for Quotations,
the terms “Quotation” and “Quoter” may be substituted for “Offer” and “Offeror.”
CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
_________________________(hereinafter called the "offeror")
(Name of Offeror)
(a) The offeror certifies that—
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting
competition, any consultation, communication, or agreement with any other offeror or competitor relating
to— (i) Those prices;
(ii) The intention to submit an offer; or
(iii) The methods or factors used to calculate the prices offered.
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly
or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid
solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law;
and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit
or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory—
(1) Is the person in the offeror’s organization responsible for determining the prices being offered in
this bid or proposal, and that the signatory has not participated and will not participate in any action
contrary to paragraphs (a)(1) through (a)(3) of this provision; or
(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that
those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1)
through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s
organization responsible for determining the prices offered in this bid or proposal, and the title of his or
her position in the offeror’s organization];
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this
provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1)
through (a)(3) of this provision; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to
paragraphs (a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its
offer a signed statement setting forth in detail the circumstances of the disclosure.
Page 39 of 51
___________________________________
(Applicant)
BY (Signature) ___________________ TITLE _____________________
TYPED NAME ____________________ DATE _____________________
Page 40 of 51
The offeror is, in summary, certifying that the company has not been involved in lobbying activities with
members of a US government agency or US congress in connection with this subcontract.
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS
As prescribed in 3.808, insert the following provision:
CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (SEPT 2007)
_________________________(hereinafter called the "offeror")
(Name of Offeror)
(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C.
1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an
agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause
of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.20312).
(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled
“Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated
by reference in this provision.
(c) Certification. The Offeror, by signing its offer, hereby certifies to the best of its knowledge and belief
that no Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress on its behalf in connection with the
awarding of this contract.
(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying
contact on behalf of the Offeror with respect to this contract, the Offeror shall complete and submit, with
its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the
registrants. The Offeror need not report regularly employed officers or employees of the Offeror to whom
payments of reasonable compensation were made. Page 2 of 4
(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into
this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this
provision or who fails to file or amend the disclosure required to be filed or amended by this provision,
shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such
failure.
(f) Should the Offeror’s circumstances change during the life of any resulting subcontract with respect to
the above, the Offeror will notify Buyer immediately. ___________________________________
BY (Signature) ___________________ TITLE _____________________
TYPED NAME ____________________ DATE _____________________
Page 41 of 51
The offeror is, in summary, certifying that the company or its officers are responsible recipients and have
not been debarred or suspended from receiving funding from the U.S. Government, etc.
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—
(i) The Offeror and/or any of its Principals—
(A) Are
are not
presently debarred, suspended, proposed for debarment, or declared ineligible for
the award of contracts by any Federal agency;
(B) Have
have not
within a three-year period preceding this offer, been convicted of or had a civil
judgment rendered against them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract;
violation of Federal or State antitrust statutes relating to the submission of offers; or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax
evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the
offeror shall also see 52.209-7, if included in this solicitation);
(C) Are
are not
presently indicted for, or otherwise criminally or civilly charged by a governmental
entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;
(D) Have , have not
within a three-year period preceding this offer, been notified of any delinquent
Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined.
The liability is finally determined if it has been assessed. A liability is not finally determined if there is a
pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability
is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to
pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where
enforced collection action is precluded.
(2) Examples.
(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the
taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is
not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability
until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer
has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS
Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines
Page 42 of 51
to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax
liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent
tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final
tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is
making timely payments and is in full compliance with the agreement terms. The taxpayer is not
delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced
collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has
has not , within a three-year period preceding this offer, had one or more
contracts terminated for default by any Federal agency.
(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a
person having primary management or supervisory responsibilities within a business entity (e.g., general
manager; plant manager; head of a division or business segment; and similar positions).
This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and
the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to
Prosecution Under Section 1001, Title 18, United States Code.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to
contract award, the Offeror learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result
in withholding of an award under this solicitation. However, the certification will be considered in
connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a
certification or provide such additional information as requested by the Contracting Officer may render
the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render, in good faith, the certification required by paragraph (a) of this provision. The
knowledge and information of an Offeror is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which
reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an
erroneous certification, in addition to other remedies available to the Government, the Contracting Officer
may terminate the contract resulting from this solicitation for default.
PLEASE SIGN AND RETURN
Company Name___________________________
Signature
Title
___________________________ Printed Name _____________________________
____________________________ Date
_____________________________
Page 43 of 51
All subcontracts and purchase orders should have this signed certification.
The offeror is, in summary, describing internal policies and procedures and stating that the company is
able to comply with the terms and conditions of the subcontract.The offeror should be advised to edit the
text of this form as appropriate and sign to certify accuracy and completeness.
Evidence of Responsibility Statement
1. Authorized Negotiators
Company Name proposal for Proposal or Chemonics RFP Name may be discussed with any of the
following individuals. These individuals are authorized to represent Company Name in negotiation of this
offer in response to RFP No.
List Names of Authorized signatories
These individuals can be reached at Company Name office:
Address
Telephone/Fax
Email address
2. Adequate Financial Resources
Company Name has adequate financial resources to manage this contract, as established by our audited
financial statements (OR list what else may have been submitted) submitted in this proposal.
3. Ability to Comply
Company Name is able to comply with the proposed delivery of performance schedule having taken into
consideration all existing business commitments, commercial as well as governmental.
4. Record of Performance, Integrity, and Business Ethics
Company Name record of integrity is (describe, e.g. outstanding), as shown in the Representations and
Certifications. We have no allegations of lack of integrity or of questionable business ethics. Our integrity
can be confirmed by our references in our Past Performance References, contained in the Technical
Volume, Annex, etc.
5. Organization, Experience, Accounting and Operational Controls, and Technical Skills
(Subcontractor should explain which department will be managing the contract, type of accounting and
control procedure they have to accommodate the type of subcontract that is being considered)
6. Equipment and Facilities
(Subcontractor should state and explain that they have necessary facilities and equipment to carry out the
contract)
Page 44 of 51
7. Eligibility to Receive Award
(Subcontractor should state that they are qualified and eligible to receive an award under applicable laws
and regulation and that they are not included in any list maintained by the US Government of entities
debarred, suspended or excluded for US Government awards and funding. The Subcontractor should state
whether they have performed work of similar nature under similar mechanisms for USAID. They should
provide their DUNS number here if applicable.)
8. Commodity Procurement
(Subcontractor will explain its procurement policies and practice. State if a procurement/purchasing
manual is in place, etc. This section could be deleted if the subcontractor doesn’t have this capacity or if
subcontract will not include procurement)
9. Cognizant Government Audit Agency
(Subcontractor should provide Name, address, phone of their auditors – whether it is DCAA or
independent CPA)
10. Acceptability of Contract Terms
(Subcontractor should state its acceptance of the proposed subcontract terms)
11. Recovery of Vacation, Holiday and Sick Pay
(Subcontractor should explain how they recover vacation, holiday, and sick leave)
12. Organization of Firm
(Subcontractor should explain how their firm is organized for example regionally or by technical practice)
Date:
Name:
Signature: ___________________________
Page 45 of 51
RFP ANNEX F
PROPOSAL CHECKLIST
1. Institutional Presentation:
a.
Cover Letter (Sample Appendix)
b.
Copy of all documents specified in Appendix (including required certifications)
c.
Evidence of responsibility: certifying that the offeror has sufficient financial, technical,
and managerial resources to complete the activity described in the Scope of Work, or the
ability to obtain them. This statement should not exceed one page.
2. Technical Proposal (5 pages maximum, excluding attachments)
a.
Technical Approach
i.
ii.
iii.
iv.
v.
b.
Understanding of the market/problem statement
Proposed ideas and strategy
Staffing plan,
Implementation plan
Sustainability plan
Key Personnel
i.
vi.
Narrative information as described in RFP
CVs and letters of commitment for proposed personnel
ii.
iii.
Corporate Capabilities
Information about company principals
Current resources, infrastructure, equipment, and materials
c.
d.
Past performance information
i.
ii.
iii.
iv.
v.
e.
Description of services offered
Description of at least 5 relevant past projects over the last 3 years.
Description of existing networks
Description of any past funding by international donors
References from 3 clients
Financial Proposal:
i.
ii.
iii.
Budget prepared in MS Excel-compatible spreadsheet with costs quoted in USD
Proper Cost Notes explaining reasonability of each cost included, including
justification for needed equipment, salaries, support costs etc.
Biographical Information Sheets (biodata) fully executed and signed by director
included
Page 46 of 51
RFP ANNEX G
VETTING FORM (FOR NON-US SUBCONTRACTORS ONLY)
Vetting provides the U.S. government with an opportunity to check the names of non-U.S.
individuals and organizations against a database to ensure that development funds channeled
through Chemonics’ USAID-funded contracts in West Bank and Gaza do not support
questionable individuals or organizations. In all cases where vetting is required, this vetting must
take place prior to our signing an agreement or providing assistance to the organization(s) or
individual(s) in question. If a non-U.S. Offeror is the apparent successful Offeror, awarding a
subcontract will be subject to vetting approval. The following Partner Information Form is required to be
filled out if vetting is required:
PARTNER INFORMATION FORM
Part I: Information About Proposed Activities
1. Name of the prime contractor, grantee or recipient proposing the award or other assistance:
2. Type of proposed award or other assistance (check one):
_____contract or subcontract _____grant or subgrant _____training ______equipment _____other
3. US$ amount & estimated start/end date of proposed award or assistance: $
4. Purpose of proposed award or assistance:
Start:
End:
5. Organization proposed to receive award or other assistance:
a. Name:
b.
Address:
c.
Telephone:
d. Fax:
e. Email:
6.
Information on each individual to receive training, equipment, or other direct benefits or who is a key individual of the
organization named in 5 above. Use continuation sheets as necessary.
** = mandatory information.
Government-issued photo ID number, type of ID and country of
A. Name (As in passport or other government-issued photo ID)**
issuance:**
Place of birth:**
Date of birth:** (mm/dd/yyyy)
Rank or title in organization listed in #5 (if “key individual”):**
Other names used (may include nicknames, pseudonyms not listed under
“Name”):
Gender:
Current employer and job title:
Occupation:
Address of residence:
Citizenship(s):
Email:
Is the individual a U.S. citizen or legal permanent resident?** Yes ____ No ____
Part II: Contractor/Grantee/Recipient Certification:
Contractor/Grantee/Recipient certifies in submitting this form that it has taken reasonable steps (in accordance with sound
business practices) to verify the information contained in this form. Contractor/Grantee/Recipient understands that the U.S.
Government may rely on the accuracy of such information in processing this vetting request.
Name:
Title/Organization:
Signature:
Date:
Page 47 of 51
Part III: Submission details (to be completed by USG official)
Request number
Staff member who initiated request
Project name
Date submitted for screening
1.
2.
Page 48 of 51
Partner Information Form Continuation sheet for Part I. section 6, list of individuals (use
additional continuation sheets as necessary):
B. Name (As in passport or other government-issued photo ID)**
issuance:**
Place of birth:**
“Name”):
Gender:
Occupation:
Citizenship(s):
Email:
C. Name (As in passport or other government-issued photo ID)**
issuance:**
Place of birth:**
“Name”):
Gender:
Occupation:
Citizenship(s):
Email:
D. Name (As in passport or other government-issued photo ID)**
Place of birth:**
issuance:**
“Name”):
Gender:
Occupation:
Citizenship(s):
Email:
E. Name (As in passport or other government-issued photo ID)**
Place of birth:**
issuance:**
“Name”):
Gender:
Occupation:
Citizenship(s):
Email:
Page 49 of 51
PARTNER INFORMATION FORM INSTRUCTIONS AND NOTICES
Instructions
Part I
Question 1 – Self-explanatory
Question 2- Indicate the proposed type of assistance or mechanism to be utilized by placing a
check mark on the line in front of the appropriate term
Question 3 – Enter the estimated amount of award of assistance in U.S. dollars and indicate the
start and end date of the program using a mm/dd/yyyy format
Question 4 – Indicate the purpose of the award or assistance. Use additional sheets and attach to
page one of the vetting form if necessary
Question 5 a-d – Self-explanatory
Question 6 - “Key individual” means (i) principal officers of the organization’s governing body
(e.g., chairman, vice chairman, treasurer and secretary of the board of directors or board of
trustees); (ii) the principal officer and deputy principal officer of the organization (e.g., executive
director, deputy director, president, vice president); (iii) the program manager or chief of party
for the USG-financed program; and (iv) any other person with significant responsibilities for
administration of the USG-financed activities or resources. Note that this definition differs from
the definition of “key personnel” under contracts and cooperative agreements. Complete for
each of these four categories or indicate “N/A” if a category does not apply.
Part II
An authorized representative of the Contractor/Grantee/Recipient must read the Certification and
print his/her name where indicated, sign where indicated, print his/her title and the name of
his/her organization where indicated, and print the date where indicated.
Part III
This section should be left blank. It will be completed by a USG official.
Notices
Privacy Act Statement
The following statement is required by the Privacy Act of 1974 (5 U.S.C. 522). Information in
this form is used to conduct screening of individuals and entities as required by applicable U.S.
laws and implementing procedures to ensure that USAID funds do not inadvertently provide
support to entities or individuals associated with terrorism. Public Law 109-446 §3(b)(2), 18
U.S.C. 2339A, 2339B, 2339C, Executive Orders 13224 and 12947, applicable Homeland
Security Presidential Directives and other legislative or executive branch prohibitions on
providing support or resources to, or engaging in transactions with, individuals or entities
associated with terrorism constitute the authority for collecting this information. In addition, the
Foreign Assistance Act of 1961 as amended (22 U.S.C. 2151 et seq.) provides USAID with
broad discretion in granting foreign assistance and permits USAID to consider a range of foreign
policy and national security interests in determining how to provide foreign assistance.
Disclosure of the information provided on this form will be done in accordance with USAID’s
System of Records Notice concerning the Partner Vetting System (72FR136) which establishes
the routine uses and Privacy Act exceptions which apply to this system.
Page 50 of 51
CERTIFICATION
By signing and submitting this application, the prospective recipient provides the certification set
out below:
1. The Recipient, to the best of its current knowledge, did not provide, within the previous ten
years, and will take all reasonable steps to ensure that it does not and will not knowingly
provide, material support or resources to any individual or entity that commits, attempts to
commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to
commit, facilitated, or participated in terrorist acts, as that term is defined in paragraph 3.
2. The following steps may enable the Recipient to comply with its obligations under paragraph
1:
(a) Before providing any material support or resources to an individual or entity, the
Recipient will verify that the individual or entity does not (i) appear on the master list of
Specially Designated Nationals and Blocked Persons, which list is maintained by the U.S.
Treasury’s Office of Foreign Assets Control (OFAC) and is available online at OFAC’s
website: http://www.treas.gov/offices/eotffc/ofac/sdn/t11sdn.pdf, or (ii) is not included in
any supplementary information concerning prohibited individuals or entities that may be
provided by USAID to the Recipient.
(b) Before providing any material support or resources to an individual or entity, the
Recipient also will verify that the individual or entity has not been designated by the
United Nations Security Council (UNSC) sanctions committee established under UNSC
Resolution 1267 (1999) (the “1267 Committee”) [individuals and entities linked to the
Taliban, Usama bin Laden, or the Al Qaida Organization]. To determine whether there
has been a published designation of an individual or entity by the 1267 Committee, the
Recipient should refer to the consolidated list available online at the Committee’s
website: http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm.
(c) Before providing any material support or resources to an individual or entity, the
Recipient will consider all information about that individual or entity of which it is aware
and all public information that is reasonably available to it or of which it should be
aware.
(d) The Recipient also will implement reasonable monitoring and oversight procedures to
safeguard against assistance being diverted to support terrorist activity.
3. For purposes of this Certification –
(a) “Material support and resources” means currency or monetary instruments or financial
securities, financial services, lodging, training, expert advice or assistance, safehouses,
false documentation or identification, communications equipment, facilities, weapons,
lethal substances, explosives, personnel, transportation, and other physical assets, except
medicine or religious materials.”
Page 51 of 51
(b) “Terrorist act” means –
(i) an act prohibited pursuant to one of the 12 United Nations Conventions and
Protocols related to terrorism (see UN terrorism conventions Internet site:
http://untreaty.un.org/English/Terrorism.asp); or
(ii) an act of premeditated, politically motivated violence perpetrated against
noncombatant targets by subnational groups or clandestine agents; or
(iii) any other act intended to cause death or serious bodily injury to a civilian, or to any
other person not taking an active part in hostilities in a situation of armed conflict,
when the purpose of such act, by its nature or context, is to intimidate a population,
or to compel a government or an international organization to do or to abstain from
doing any act.
(c) “Entity” means a partnership, association, corporation, or other organization, group or
subgroup.
(d) References in this Certification to the provision of material support and resources shall
not be deemed to include the furnishing of USAID funds or USAID-financed
commodities to the ultimate beneficiaries of USAID assistance, such as recipients of
food, medical care, micro-enterprise loans, shelter, etc., unless the Recipient has reason to
believe that one or more of these beneficiaries commits, attempts to commit, advocates,
facilitates, or participates in terrorist acts, or has committed, attempted to commit,
facilitated or participated in terrorist acts.
(e) The Recipient’s obligations under paragraph 1 are not applicable to the procurement of
goods and/or services by the Recipient that are acquired in the ordinary course of
business through contract or purchase, e.g., utilities, rents, office supplies, gasoline, etc.,
unless the Recipient has reason to believe that a vendor or supplier of such goods and
services commits, attempts to commit, advocates, facilitates, or participates in terrorist
acts, or has committed, attempted to commit, facilitated or participated in terrorist acts.
This Certification is an express term and condition of any agreement issued as a result of this
application, and any violation of it shall be grounds for unilateral termination of the agreement
by USAID prior to the end of its term.
Signed: __________________________________
(Typed Name and Title)
(Name of Organization)
__________________________
Date

REQUEST FOR PROPOSALS RFP-PACE-2012-HO-001

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