rfp_14-121

35
i Request for Proposal (RFP) RFP Number: RFP 14-121 Description: Procurement of Services for ISO 9001:2008 Certification Audit For: USAID FIRMS Project Contracting Entity: Chemonics International Inc. Funded by: United States Agency for International Development (USAID), Contract No. EEM-I-00-07-00008-00 Release Date: February 2, 2014 Deadline for Questions : February 12, 2014 Deadline for Proposals: February 17, 2014 Contents of RFP: Section 1: Instructions to Offerors - Commercial Items Section 2: Draft Order Terms and Conditions Section 3: Draft Subcontract Section 4: Required Certificate Annex 1: List of Marble and Granite Processing Units to be certified

Upload: kashifbutty2k

Post on 30-Dec-2015

13 views

Category:

Documents


0 download

DESCRIPTION

RFP_14-121

TRANSCRIPT

Page 1: RFP_14-121

i

Request for Proposal (RFP)

RFP Number: RFP 14-121

Description: Procurement of Services for ISO 9001:2008 Certification Audit

For: USAID FIRMS Project

Contracting Entity: Chemonics International Inc.

Funded by: United States Agency for International Development (USAID),

Contract No. EEM-I-00-07-00008-00

Release Date: February 2, 2014

Deadline for Questions : February 12, 2014

Deadline for Proposals: February 17, 2014

Contents of RFP:

Section 1: Instructions to Offerors - Commercial Items

Section 2: Draft Order Terms and Conditions

Section 3: Draft Subcontract

Section 4: Required Certificate

Annex 1: List of Marble and Granite Processing Units to be certified

Page 2: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 2 of 35

SECTION 1: INSTRUCTIONS TO OFFERORS

1.1 Introduction

The objective of the USAID Firms Project (the ‗Project‘) is to improve government service delivery and

develop dynamic, internationally competitive firms to accelerate sales, investment, and job growth to

undercut the basis of extremism.

1.2 Offer Deadline

Offers must be received by courier and e-mail no later than 5.00 PM local Lahore time on February 17,

2014. Late offers will be considered only at the discretion of the evaluation team.

1.3 Protocol for Submission of Offers and Required Documents

Offerors are responsible for ensuring that their offers are received in accordance with the instructions

stated herein.

Offers must be e-mailed to [email protected] by the deadline stated in Section 1.2 above. The

following text must appear in the subject line of the email: ―Proposal - RFP 14-121‖. Receipt will be

acknowledged.

All offers must be prepared in English. Each offer must be composed of a Technical Volume and Cost

Volume as described in Sections 1.5 and 1.6 below.

Each offeror may submit only one proposal, either individually or as a partner in a joint venture. An

offeror, who submits or participates in more than one proposal, shall cause all the proposals with that

offeror‘s participation to be disqualified. If the offer is in partnership or joint venture, the offeror must

submit a copy of the partnership/joint venture agreement between the parties. The agreement must include

a full disclosure of the relationship between the parties, including identification of the party which will be

responsible for negotiating the award and the express agreement of the principals thereto to be held jointly

and severally liable for the acts or omissions of the other.

1.4 Questions and Clarifications

All questions and/or requests for clarifications regarding this RFP must be submitted via email to

[email protected] no later than 5 P.M., local Lahore, Pakistan time, February 12, 2014. All

correspondence and/or inquiries regarding this solicitation must reference the RFP number. All questions

and inquiries must be in writing and submitted via email; no phone calls, faxes, or in-person inquiries will

be responded to.

Questions and requests for clarification—and the responses thereto—that Chemonics believes may be of

interest to other offerors will be circulated to all RFP recipients who have indicated an interest in bidding.

Only the written answers issued by Chemonics will be considered official and carry weight in the RFP

process and subsequent evaluation. Any verbal information received from employees of Chemonics, the

USAID Firms project, or any other organization, institution, or other entity should not be considered as an

official response to any questions regarding this RFP.

1.5 Technical Volume

Page 3: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 3 of 35

The Technical Volume must be specific, complete, and concise, describing the offeror‘s proposed plan to

complete scope of work (SOW) and deliverables found in Section 2. It should demonstrate a clear

understanding of the work to be undertaken and the responsibilities of all parties involved.

The Technical Volume must include the following information:

1. The RFP is open for all the ISO 9001:2008 certification bodies / agencies that are registered /

affiliated with international certification board(s), and operating in Pakistan.

2. Preference will be given to companies based in Islamabad or close to our beneficiary units

(Islamabad/ Muridke / Peshawar / Charsadda) in order to have better interaction and

communication.

3. Vendor must have extensive experience of auditing in the marble and granite sector.

All offers must be accompanied by a profile of the company describing the organization, its nature of

business and indicating the physical address of the company, landline phone number, names of CEO,

COO, CFO and authorized representatives, and official email addresses of the same. Copies of the

following documents must also be submitted. Chemonics‘ reserves the right to ask for originals if the

need so arises.

NTN Certificate

Organization / Company Registration Certificate

Certificate of Incorporation, if applicable

3 confirmed positive references for past project of similar nature to verify on time delivery and

performance

3 confirmed positive references for past project of any nature to verify on time delivery and

performance

Subcontracting arrangements: If the execution of work to be performed by the offeror requires the hiring

of subcontractors, the proposal must clearly identify the subcontractor(s), contact information of

subcontractor(s), and the work they will perform. Chemonics will not refuse a proposal based upon the

use of subcontractors; however, Chemonics retains the right to approve or reject the specific

subcontractors selected.

Technical volumes must be presented as complete. Incomplete proposals will not be considered except

at the discretion of Chemonics.

1.6 Cost Volume

Average cost evaluation method would be used. Cost offers closest to the average price would lead to

more points and if only two proposals are evaluated the maximum score will be given to the lowest price

that the other proposal will be scored proportionally.

The Cost Volume is used to establish the best value among proposals, and serves as a basis of negotiation

for the signing of the subcontract. The Cost Volume must include a detailed budget, as well as a budget

narrative which explains the basis for the estimate of each budget element. Supporting information

should be provided in sufficient detail to allow a complete analysis of each cost element. Any taxes or

fees are not to be added later.

Any taxes or fees are not to be added later and should be included in the original cost submission.

Quotations must be a firm fixed price, expressed in Pakistani rupees. Payment to the successful offeror(s)

will be made in Pakistani Rupees only.

Page 4: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 4 of 35

The anticipated contract type for this procurement will be a Fixed Price Subcontract.

1.7 Authorized USAID Geographic Code

All goods and services offered under this order must meet USAID Geographic Code 937. Such goods

and services must meet the source and nationality requirements detailed in the Code of Federal

Regulations (CFR), 22 CFR §228 and the Automated Directives System (ADS), ADS Chapter 260.

Code 937 consists of the United States, the cooperating country, and a list of ―developing countries‖

described in ADS Chapter 310.

No items, items with components from, or related services may be offered from the following countries:

Burma, Cuba, Iran, North Korea, North Sudan or Syria. Related services include incidental services

pertaining to any/all aspects of this subcontract (including transportation, fuel, lodging, meals, and

communications expenses).

1.8 Eligibility of Offerors

In accordance with Federal Acquisition Regulation Clause 52.209-6, ―Protecting the Government‘s

Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment,‖ (SEP

2006), all offerors must certify that they are not debarred, suspended, or proposed for debarment.

Chemonics will not award a subcontract to any firm or firms‘ principals who are debarred, suspended, or

proposed for debarment, or who proposes to do business with firms (including subcontractors) or firms‘

principals who are debarred, suspended, or proposed for debarment, in the performance of the

requirement of this activity.

1.9 Validity Period

Offers must remain valid for at least sixty (60) calendar days after the offer deadline.

1.10 Negotiations

Best offer proposals are requested. It is anticipated that awards will be made solely on the basis of these

original proposals. However, Chemonics reserves the right to conduct negotiations and/or request

clarifications prior to awarding a subcontract. Chemonics reserves the right to make multiple awards, if it

is in the best interest of the Project.

1.11 Basis for Award

Chemonics intends to award a subcontract or subcontracts resulting from this solicitation to the

responsible offeror(s) whose proposal(s) represents the best value to Firms Project after evaluation of the

following criteria, with the weights applied accordingly:

1. Corporate Capability & Repute: 10%

a. Provide a complete profile of certification body

A profile of the certification body (offeror) including primary and secondary services, year of

inception, size, core specialization, expertise, nature of operations, organizational organ

gram, total number of permanent employees.

b. Details of offices in Pakistan

c. Registration with Chamber of Commerce (if registered)

Page 5: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 5 of 35

d. Pakistan National Accreditation Council (PNAC) accredited – Copy of PNAC accreditation

certificate (if registered)

e. Provide the detail of affiliation with the international accreditation board / bodies

2. Previous Experience : 25%

a. Total years of experience of the company / organization in ISO 9001:2008 certification in

Pakistan b. Provide the list of all clients, to whom ISO 9001:2008 certification services were offered

(mention the name and complete address of client and its nature of business and the services

provided)

c. Provide the list of clients in any sector, especially in marble sector, with respect to ISO

9001:2008 certifications.

3. Technical Plan / Understanding of Assignment & Approach : 10%

a. Scope of Work given in this RFP highlights the necessary tasks, and activities to be

undertaken and process to be followed. Suggestions and insights are required for the fine

tuning and improvement of the mentioned methodology / process. Moreover, it will help

determine the service provider understands of assignment and clarity of suggested

methodology /process

4. Qualification and Experience of Key Professionals : 25%

a. List of Auditors, along with description of their academic qualification, training courses and

experience, who will execute the assignment. We will encourage including detailed CVs and

these would not count towards the 10 pages limit of proposal. All the description must have

year wise details

b. Provide the list of ISO 9001:2008 audits, so far undertaken by the auditors, proposed for this

assignment

c. Particularly mention the auditors experience in marble and granite sector

d. Quality Management System Courses (QMS) LAC approved by IRCA UK, or any other body

(if attended any such courses)

e. Do mention whether auditors, appointed for this assignment are permanent employees or

have short term engagement

5. Ability to Meet Time Line:

a. Provide the timeline (Gantt chart) for the completion of each milestone / output / activity as

well as the entire assignment. Early completion will be considered favourable.

6. Cost: 30 %

a. Average cost evaluation method would be used. Cost offers closest to the average price

would lead to more points and if only two proposals are evaluated the maximum score will be

given to the lowest price that the other proposal will be scored proportionally.

1.12 Terms and Conditions of Subcontract

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.

Page 6: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 6 of 35

This solicitation is subject to the Fixed Price Subcontract Terms and Conditions detailed in Section 3.

Any resultant award will be governed by these terms and conditions. Chemonics reserves the right to

make revisions to the content, order, and numbering of the provisions in the actual subcontract document

prior to execution by Chemonics and the selected awardee.

Please note that in submitting a response to this solicitation, the offeror understands that USAID is not a

party to this solicitation and the offeror agrees that any protest hereunder must be presented—in writing

with full explanations—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 for this procurement.

Page 7: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 7 of 35

SECTION 2: SCOPE OF WORK (SOW) AND DELIVERABLES SCHEDULE

Below is the SOW for the RFP. For this RFP, the term “Subcontractor” means the successful offeror

who is awarded the subcontract as a result of this RFP.

2.1 Program Overview

The FIRMS Project is a 4 years economic growth project funded by USAID and implemented by

Chemonics that started in May 2009. The objective of the Project is to develop dynamic, internationally

competitive business sector in Pakistan that is increasing exports, employing more people and producing

higher value added products and services.

In the international trade of marble and granite has almost doubled in the past 10 years, with a forecast of

consistent growth of around 5% per annum in the future. In 2011-12, global marble and granite exports

reached USD 100 billion, with China, Italy, Germany, Turkey and India currently the top 5 exporters.

Pakistan has recorded an encouraging growth trend in the last five years (from $23 million in 2005-2006

to about $80 million in 2010-11). However, despite the upward trend, Pakistan has not been able to

capture a significant share of growing international market.

The majority of Pakistan‘s marble and granite exports are in raw form, signifying that most of the local

processors are unable to cut and polish according to international standards. The current quarry and

processing practices are major limiting factors and it is difficult for miners/processors to get a fair value

of products manufactured, in local and international markets. In addition, local processors are unable to

market their products effectively due to limited knowledge of global trends and emerging markets.

Estimated number of processing units alone is approximately 2000-2500.

USAID Firms project has designed a holistic program comprising of various interventions in many

operational areas, where beneficiary units require technical assistance. One of the critical factor hindering

growth is lack of product and process standardization and as a result marble and granite units waste

important resources (raw material, labour, utilities and time). The overall impact is the lack of cost

competitiveness, which effects local and export sales.

For product and process standardization and for quality improvement, ISO 9001:2008 certification is

considered a prerequisite worldwide. ISO 9001:2008 certification is considered the symbol of product and

process standardization across the globe and conveys the image of quality product. That is why in

Pakistan and abroad, customers / organizations prefer to deal with businesses having ISO 9001:2008

certification. That is why; the quality conscious companies always strive hard to attain this certification.

With this aim, USAID Firms Project brought two short term consultants (one to work on ISO 9001:2008

standards implementation and second for process flow standardization) to assist the beneficiary units in

developing systems and documentation, to comply with the requirements of certification. While the

preparatory work is ongoing, the stage has come, where some certification agency / body should come on

board for final audit of the beneficiary units and in turn issue certification after completing all formalities.

2.2 Scope of Work

This activity is to being implemented in two phases, 1) to hire consultants to assist the processing units

prepare for an audit preparatory to an audit, and ultimately for an ISO registration, and 2) the engagement

of an audit firm to conduct the ISO audit leading to the manufacturing units‘ ISO 9001:2008 certification.

The first phase has been started and is ongoing. This Contract is for the implementation of Phase 2.

In the first phase, Firms Project hired the services Consultant, for 06 Marble SMEs, to steer through the

Page 8: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 8 of 35

process of developing and implementing all the pre-requisites, culminated at the final audit of ISO

9001:2008 by the certification body, including but not limited to, developing and documenting the

systems, record keeping, and necessary changes in layout, housekeeping, and internal audits.

In the second phase, Firms Project intends to hire the services of a certification body through this to

conduct the final audit of six units for assessing compliance of ISO 9001:2008 requirements, and in turn

certify them.

To complete the assignment, the bidder/Subcontractor shall undertake, but not be limited to, the following

specific tasks:

Task 1: Action Plan & Meeting with Firms Staff:

Bidder/Subcontractor shall hold meetings with the respective staff of USAID Firms Project and the two

short term consultants, already working with the project. In light of their inputs, the bidder/Subcontractor

shall prepare a comprehensive action plan for submission to the Sector Lead of Value Chain Development

(VCD) of USAID Firms Project including the Gantt Chart and methodology to be used for certification

audit. After the approval, the bidder/Subcontractor will execute all the tasks/activities/deliverables in line

with the agreed and approved action plan. During all the phases of the assignment, the

bidder/Subcontractor is required to keep close contact with the respective team members of Firms Project

to keep them abreast of the work progress.

The bidder/Subcontractor is supposed to bring on board the auditors, whose CVs should be attached with

the proposal, to be submitted in response to the RFP. Without prior permission of the Firms Project, the

bidder shall not be allowed to change auditor(s) during the execution of the assignment. Therefore, the

bidder must exercise extreme caution in the selection of the team at the proposal submission stage. The

proposed professionals for audit must be certified auditor(s) by any well reputed certification agency /

board.

Task 2: Pre-assessment Audit:

In consultation with short term consultants of USAID Firms Project, the bidder/Subcontractor will

undertake pre-assessment audit of one unit in Muridke, at least two weeks before the final audit to assess

the readiness of the units for final audit. The bidder/Subcontractor is supposed to convey the deficiencies

to concerned staff of USAID Firms project and management of units for necessary corrective measures

Task 3: Final Certification Audit:

Auditor(s) shall perform the certification audit of each beneficiary unit (in total six) to assess its

compliance with ISO 9001:2008 requirements, and in turn report the major and minor non compliances

along with their recommendations to the management of units, short term consultants and professionals of

USAID Firms Project.

Task 4: Re-Audit (if required):

In case of any major non-compliance, which demands re-auditing of manufacturing unit(s), the

bidder/Subcontractor shall re-audit(s) the facility(s) / records, if required so.

Task 5: Issuance of certificates:

Once the compliance to the given set of requirements is ascertained by auditor(s), the parent body of the

bidder (certification agency) will issue ISO 9001:2008 certifications, for each audited units.

During all the stages of this assignment including inception, auditing, re-auditing and completion, the

Page 9: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 9 of 35

bidder/Subcontractor shall be responsible for all the expenses to be incurred on the travelling, lodging,

boarding, certificate cost, stationery, remuneration etc., of its staff / auditors and USAID Firms Project

will make no extra arrangement / payment, whatsoever it may be. It will be a fixed price contract.

2.3 Deliverables

The Bidder shall deliver the following deliverables to Firms Project, in accordance with the schedule set

forth below:

Deliverable 1: Program Initiation / Inception

Report

Within seven days of signing the

contract, the bidder shall submit an

inception report, containing the

following:

Action plan, methodology and schedule

of activities / tasks / deliverables, along

with timeline.

Check list to assist the manufacturing

units to cross verify their readiness /

arrangements on subject matter.

Deliverable 2: Pre-assessment Audit Report The auditor(s) will undertake the pre-

assessment audit of one unit of Muridke,

and will report the deficiencies.

Deliverable 3: Final Audit & Non-Compliance

Report

The auditor(s) will undertake the final

audit of six units as per agreed timeline

and action plan and will submit the

detailed major and minor non-

compliance report of each unit along

with corrective measures. If need is felt,

auditor (s) is supposed to re-audit the

unit(s), once they rectify the identified

major non-compliances.

Deliverable 4: Issuance of Certificate After verification of compliance of ISO

9001:2008 systems, bidder (certification

body) will issue the internationally

recognized certificates to each unit, duly

approved by its parent body.

2.4 Deliverable Schedule

The Subcontractor shall submit the deliverables described in 2.3 in accordance with the following

Deliverables Schedule stated therein (in accordance with those mentioned in 2.3):

Deliverables Date of submission

Deliverable 1: Inception Report Within 7 days of signing of contract

Deliverable 2: Pre-assessment Audit

Within 12 days of signing of contract

Deliverable 3: Final Audit Within 40 days of signing of contract

Deliverable 4: Issuance of Certificate within 50 days of signing of contract

The Payment Schedule will be as follows:

Page 10: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 10 of 35

Deliverables Payment

Deliverable 1: Inception Report 20% of total contract amount

Deliverable 2: Pre-assessment Audit

20% of total contract amount

Deliverable 3: Final Audit 30% of total contract amount

Deliverable 4: Issuance of Certificate 30% of total contract amount

*Deliverable numbers and names refer to those fully described in Section 2.3 above.

2.5 Period of Performance

This assignment is planned to take place between March, 2014 and May, 2014. Timelines for activities

under this assignment are subject to change with approval from USAID.

2.6 Location of Performance

The assignment will take place in in Islamabad, Muridke, Peshawar and Charsadda.

2.7 Supervision and Reporting

The Subcontractor will report on technical matters to the USAID Firms Project VCD Team

Page 11: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 11 of 35

SECTION 3: FIXED PRICE SUBCONTRACT

In the event of a subcontract award resulting from an offer submitted in response to this RFP, the

following terms and conditions will apply:

ARTICLE 1. BACKGROUND

FOR DETAIL SEE SECTION 2.1

ARTICLE 2. SUBCONTRACT SCOPE OF WORK

FOR DETAIL SEE SECTION 2.2

ARTICLE 3. SUBCONTRACT TYPE

This is a firm fixed-price subcontract payable entirely in the currency indicated in the cover page. No

additional sums will be payable for any escalation in the cost of materials, equipment or labor, or because

of the Subcontractor's failure to properly estimate or accurately predict the cost or difficulty of achieving

the results required. Chemonics will not adjust the subcontract price due to fluctuations in currency

exchange rates. Chemonics will only make changes in the subcontract price or time to complete due to

changes made by Chemonics in the work to be performed, or by delays caused by Chemonics.

ARTICLE 4. REPORTING AND COMMUNICATIONS

The Subcontractor shall render the services and produce the deliverables stipulated in Task Orders, under

the supervision and acceptance by the Business Enabling Environment Team . The Subcontractor shall

not communicate directly with USAID during the performance of this fixed price subcontract. The

Business Enabling Environment Team will be responsible for monitoring the Subcontractor‘s

performance under this fixed price subcontract with the assistance of the following individuals:

Technical direction during the performance of the subcontract shall be provided by the

Chemonics Technical Advisors (CTAs).

Contractual guidance shall be provided by the Firms Operations Director. The Subcontractor shall

address all contractual-related inquiries and correspondence to the Operation Director.

The Subcontractor shall submit all reports, deliverables to the attention of the CTAs and invoices to the

attention of the Operations Director.

ARTICLE 5. MODIFICATIONS

Modifications to the terms and conditions of this Subcontract, including any modification to the scope of

work, may only be made by written agreement between authorized personnel of both Parties, and shall not

be effective until the consent of USAID, if applicable, has been obtained. Each Party shall give due

notice and consideration to any proposals for modification made by the other Party.

ARTICLE 6. AUTHORIZED REPRESENTATIVES

Any action, modification, notice, request, or consent required to be given or made pursuant to this

subcontract must be in writing and may only be made by the authorized officials specified below or their

designee:

Page 12: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 12 of 35

Director Compliance and Administration, USAID Firms Project

Chief of Party , USAID, Firms Project

ARTICLE 7. PERIOD OF PERFORMANCE

The effective anticipated date of this Fixed Price Subcontract is March, 2014.

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.

ARTICLE 8. SUBCONTRACT FUNDING AND TYPE

Chemonics International Inc., on behalf of USAID and in cooperation with the Government of Pakistan,

is authorized to fund this subcontract under the authority of Chemonics‘ prime USAID Contract No.

EEM-I-00-07-00008-00, funded by the USAID.

This is a firm fixed-price subcontract payable entirely in the currency indicated in the cover page. No

additional sums will be payable for any escalation in the cost of materials, equipment or labor, or because

of the Subcontractor's failure to properly estimate or accurately predict the cost or difficulty of achieving

the results required. Chemonics will not adjust the subcontract price due to fluctuations in currency

exchange rates. Chemonics will only make changes in the subcontract price or time to complete due to

changes made by Chemonics in the work to be performed, or by delays caused by Chemonics.

ARTICLE 9. INVOICING

The Subcontractor shall present an invoice to Chemonics only for services and/or commodities that have been accepted by Chemonics. The invoice must be an original invoice, submitted to:

The Procurement Department (The rest of the details will be shared with the selected subcontractor after the award of this subcontract) To constitute a proper invoice, the Subcontractor’s invoice must include the following information and/or attached documentation. This information will assist Chemonics in making timely payments to the Subcontractor:

1. Subcontractor legal name, subcontract number, invoice date, and invoice number. 2. Deliverable(s) number, description of approved deliverable(s), and corresponding value. 3. Bank account information to which payment shall be sent (as described in Article 11).

ARTICLE 10. TAXES & DUTIES

a. The services performed under this Subcontract are funded by the United States Government and

shall, therefore, be exempt from payment of any taxes, duties, fees, levies, and any other

impositions for which Chemonics is exempt, during the period of performance of this

subcontract. The Subcontractor shall immediately notify Chemonics if any such taxes are

assessed against the Subcontractor or its Subcontractors at any tier.

b. The Subcontractor would be responsible to withhold all applicable taxes and timely deposit the

withheld taxes in Government treasury, as prescribed under the applicable laws, associated with

Page 13: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 13 of 35

suppliers/wages/salaries/compensation for services rendered by individuals employed by the

Subcontractor and who are directed to work as required under this Subcontract.

c. Firms Project would be withholding applicable taxes from the invoice of subcontractors as per

prevailing applicable withholding tax clauses of Income Tax Ordinance 2001 as and when

amended.

ARTICLE 11. COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS The Subcontractor shall perform all work in accordance with all applicable laws, ordinances, codes, regulations, and other authoritative rules of the United States and of Pakistan and their political subdivisions and with the standards of relevant licensing boards and professional associations. The Subcontractor shall also comply with the applicable USAID regulations governing this fixed price subcontract, which are incorporated by reference into this subcontract, and appear in Article 35, Clauses Incorporated by Reference. ARTICLE 12. GOVERNING LANGUAGE The Subcontract is executed in the English language, which shall be the binding and controlling language for all matters relating to the meaning and/or interpretation of this Subcontract. ARTICLE 13. AUTHORIZED USAID GEOGRAPHIC CODE The authorized USAID geographic code for this subcontract is 937. More information related to this geographic code is detailed in the Code of Federal Regulations (CFR), 22 CFR §228 and the USAID Automated Directives System (ADS), ADS Chapter 260. ARTICLE 14. SOURCE AND NATIONALITY The following applies to this subcontract and all related correspondence:

A. Definitions:

1. Source: ―Source‖ means the country from which a commodity is shipped to the cooperating country or the cooperating country itself if the commodity is located therein at the time of purchase. However, where a commodity is shipped from a free port or bonded warehouse in the form in which received therein, ―source‖ means the country from which the commodity was shipped to the free port or bonded warehouse.

2. Nationality: ―Nationality‖ refers to the place of incorporation, ownership,

citizenship, residence, etc. of suppliers of goods and services.

B. Application: The source and nationality of all goods, commodities, and services provided under this subcontract must meet the USAID geographic code specified in Article 17 in accordance with the regulations found in 22 CFR 228.

C. No items, items with components from, or related services may have source or

nationality of the following countries: Cuba, Iran, Iraq, Laos, Libya, North Korea, Syria. Related services include incidental services pertaining to any/all aspects of this work to be performed under a resulting subcontract (including transportation, fuel, lodging, meals, and communications expenses).

ARTICLE 15. ELIGIBILITY OF SUBCONTRACTORS

Page 14: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 14 of 35

In accordance with Federal Acquisition Regulation (FAR) Clause 52.209-6, ―Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment,‖ (SEP 2006), no commodities, software, goods, materials, or services shall be eligible for USAID financing or reimbursement under this subcontract if provided by a subcontractor or supplier (or a subcontractors’ or suppliers’ principle) that is debarred, suspended, or proposed for debarment by USAID or the USG. This applies to the Subcontractor and the Subcontractor’s subcontractors and suppliers as well. The offeror must be an authorized agent/distributor of the offered brand(s) in Pakistan. ARTICLE 16. WARRANTY AND SERVICE

All commodities/equipment/software supplied under this subcontract must be covered by the manufacturer’s standard warranty which shall, at a minimum, be valid in Pakistan and protect Chemonics from any loss due to defective workmanship, material, and parts, for Twelve (12) months after delivery of the commodities. In the event that the warranty is breached, Chemonics may require, and the Subcontractor is bound, to remedy all defects and faults, including both workmanship and materials within a reasonable time of notification. The Subcontractor shall be responsible for all necessary transportation charges required to ship the defective commodities to the manufacturer and return to Chemonics. In the event of the Subcontractor’s refusal, failure, or inability to remedy such discrepancies within a reasonable time of notification, Chemonics may remedy such defects on his own and claim the reasonable cost of such remedial action from the Subcontractor. All warranty service, repair, and supply of parts shall take place within the cooperating country. Under this subcontract, the following local Pakistan agent(s) are authorized by the Subcontractor to provide all in-country warranty and post warranty service: [enter in contact information based on offeror’s proposal] At the time that any commodity(ies) supplied under this subcontract is (are) transferred to the beneficiary/Dates processor the Government of Pakistan, or another entity within the cooperating country, all rights to warranty support and service provided to Chemonics under this subcontract shall be transferred with the commodity(ies) to the that entity’s end-user. The Subcontractor shall continue to honor all warranty support and services for the duration of the warranty period. The subcontractor will warrant that the products / equipment supplied under the Contract are new, unused, of the most recent or current models. The subcontractor will further warrant that all products / equipment supplied under this Contract shall have no defect, arising from design, materials, workmanship, or from any act or omission of the Vendor, that may develop under normal use of the supplied products / equipment in the conditions prevailing in the country. This warranty shall remain valid for mentioned months after the products / equipment, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the Contract. USAID Firms Project or its beneficiaries shall promptly notify the Vendor in writing of any claims arising under this warranty. Warranty must be provided in the name of beneficiaries as per list provided by USAID Firms Project. Upon receipt of such notice, the subcontractor shall, within a period of 15 days, and with all reasonable speed, repair or replace the defective products / equipment or parts thereof, without costs to USAID Firms Project or its beneficiary units. If the Vendor, having been notified, fails to remedy the defect(s) within the period specified in

Page 15: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 15 of 35

specified period, USAID Firms Project or its beneficiary units may proceed to take such remedial action as may be necessary, at the Vendor’s risk and expense and without prejudice to any other rights which USAID Firms Project may have against the Vendor under the Contract. ARTICLE 17. RECORD KEEPING, MONITORING, AND AUDIT RIGHTS

A. The Subcontractor shall maintain books, records, documents—including supporting invoices, and shipping documents—and other evidence and shall apply consistent accounting principles and practices sufficient to reflect properly all transactions under or in connection with this subcontract. The foregoing constitute "records" for the purpose of this clause, and are necessary to demonstrate compliance with the terms and conditions with this subcontract, particularly related to source compliance, adherence to use of US-flag vessels, and warranty coverage.

B. The Subcontractor shall maintain such records during the subcontract term and for a

period of three (3) years after final payment.

C. All records shall be subject to inspection and audit by the Buyer or its authorized agents at all reasonable times. The Subcontractor shall provide the Buyer with proper facilities for such inspection and audit. The purpose of any audit would be the verification of compliance with provisions of this subcontract.

ARTICLE 18. INSPECTION AND ACCEPTANCE

A. Prior to delivery, any commodities under this subcontract—including raw materials, components, intermediate assemblies, and end products—shall be subject at any time to inspection and testing at the request of Chemonics at the expense of Chemonics. Chemonics will notify the Subcontractor in writing of the names of any inspectors or inspection firms. It is understood that inspection or testing shall not in any way release the Subcontractor from any warranty or other obligations under this subcontract.

B. If any inspection or test is made by or on behalf of Chemonics on the premises of the

Subcontractor, the Subcontractor shall provide reasonable facilities and assistance for the safety and convenience of Chemonics or its inspectors in the performance of their duties without additional charge.

C. Once commodities have been delivered to the delivery point by the Subcontractor,

Chemonics shall inspect the commodities to confirm compliance with the subcontract requirements, including source compliance. Copies of any international shipping documents for all commodities will be required to verify the source of the commodities. If the commodities are compliant with subcontract requirements, an inspection certificate will be issued by Chemonics. In the event that the commodities are not fully compliant, the Subcontractor shall be required to remedy any defects or faults prior to acceptance by Chemonics.

ARTICLE 19. INDEMNITY AND SUBCONTRACTOR WAIVER OF BENEFITS

Page 16: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 16 of 35

A. The Subcontractor waives any additional benefits and agrees to indemnify and save harmless Chemonics, USAID, and Pakistan, 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;

(3) the infringement or 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 Chemonics, USAID, and Pakistan, 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 to the Subcontractor for the infringing goods and services.

ARTICLE 20. 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,

Page 17: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 17 of 35

software, or any other documents, developed in connection with this 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. ARTICLE 21. MODIFICATIONS Modifications to the terms and conditions of this subcontract, including any modification to the scope of work, may only be made by written agreement between authorized personnel of both Parties as stipulated in Article 8 of this subcontract. Each Party shall give due notice and consideration to any proposals for modification made by the other Party. ARTICLE 22. CHANGES In accordance with FAR Clause 52.243-1 ―Changes—Fixed-Price‖ (AUG 1987), Chemonics may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this subcontract in the services to be performed. If any such change(s) causes an increase or a decrease in the cost, or the time required for the performance, or any part of the work under the subcontract, an equitable adjustment shall be made in the subcontract price or delivery schedule, or both, and the subcontract shall be modified in writing accordingly. Any claim by the Subcontractor for adjustment under this subcontract must be asserted within 30 (thirty) days from the date of receipt by the Subcontractor of the modification or change. ARTICLE 23. ASSIGNMENT AND DELEGATION This subcontract may not be assigned or delegated, in whole or in part, by the Subcontractor without the written consent of Chemonics in accordance with Article 8 of this subcontract. Absent such written consent, any assignment is void. ARTICLE 24. VESTING OF TITLE AND DIVERSION RIGHTS USAID reserves the right to vest in itself title to the goods financed under this subcontract, provided that such goods are in a deliverable state and have not yet been off-loaded in ports of entry in the cooperating country. USAID may direct the carriers to divert these goods to alternative destinations. ARTICLE 25. GOVERNING LAW AND RESOLUTION OF DISPUTES

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 US 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.

Page 18: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 18 of 35

(1) Any decision of the US 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 negotiator. 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 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. ARTICLE 26. LEGAL EFFECT OF USAID APPROVAL AND DECISIONS The parties hereto understand that this subcontract has reserved to USAID certain rights such as, but not limited to, the right to approve the terms and conditions of this subcontract, the Subcontractor, and any or all plans, reports, specifications, subcontracts, bid documents, drawings, or any other documents related to this subcontract and the project of which it is a part.

Page 19: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 19 of 35

The parties hereto further understand and agree that USAID, in reserving any or all of the foregoing approval rights, has acted solely as a financing entity to assure the proper use of United States Government funds, and that any decision by USAID to exercise or refrain from exercising these approval rights shall be made as a financier in the course of financing this project and shall not be construed as making USAID a party to the subcontract. The parties hereto understand and agree that USAID may, from time to time, exercise the foregoing approval rights, or discuss matters related to these rights and the project with the parties jointly or separately, without thereby incurring any responsibility or liability to the parties jointly or to any of them. Any approval (or failure to disapprove) by USAID shall not bar the contracting agency or USAID from asserting any right, or relieve the Subcontractor from any liability which the Subcontractor might otherwise have to Chemonics or USAID. ARTICLE 27. FORCE MAJEURE ―Force Majeure‖ as used herein means: acts of God, natural disasters, invasion or war (whether declared or not) and other hostilities, revolution, rebellion, labor disputes, insurrection or riot, confrontation or other disorder, ionizing radiation or confrontation by regular activity from any unclear or waste, radio-active, biological, chemical or toxic explosives or other hazardous properties of any explosives, biological or chemical agents, nuclear assembly or nuclear components thereof, or other act, event or circumstance of a similar nature or force, arising from circumstances beyond the control of the Subcontractor or which Subcontractor could not reasonably be expected to have taken into account and which or the consequences of which the Subcontractor could not reasonably be expected to have avoided or overcome. The Subcontractor shall not be liable for any excess costs if the failure to perform the subcontract arises out of a Force Majeure cause and if the Subcontractor, within 20 (twenty) days from the beginning of any such Force Majeure, notifies Chemonics of such prevention of performance and the cause thereof. If the failure to perform is caused by the fault of a Subcontractor’s subcontractor and if such default arises out of causes beyond the control of both the Subcontractor and the Subcontractor’s subcontractor and without the fault or negligence of either of them (Force Majeure), and the Subcontractor, within 20 (twenty) days from the beginning of any such Force Majeure, notifies Chemonics in writing of such prevention of performance and the cause thereof, the Subcontractor shall not be liable for any excess costs due to the failure to perform, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Subcontractor to meet the required delivery schedule. ARTICLE 28 TERMINATION (PURSUANT TO FAR 52.214-4)

Termination for the Government's convenience. Chemonics reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Subcontractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this subcontract, the subcontractor shall be paid a percentage of the subcontract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Subcontractor can demonstrate to the satisfaction of Chemonics using its standard record keeping system, have resulted from the termination. The Subcontractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give Chemonics any right to audit the subcontractor's records. The subcontractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. Termination for cause. The Government may terminate this contract, or any part hereof, for

Page 20: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 20 of 35

cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. ARTICLE 29. ANTI-KICKBACK (CORRUPTION)

A. The following definitions apply to this clause: (1) 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 Firms 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.

(2) Person, as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

(3) Subcontractor employee, as used in this clause, means any officer, partner, employee, or agent of the Subcontractor.

B. The Subcontractor and its employees, 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 subcontract price charged by the Subcontractor to Chemonics.

C. When the Subcontractor has reasonable grounds to believe that a violation described in

the above paragraph 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 the paragraph above.

D. 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.

E. The Subcontractor agrees to include the substance of this provision in any contract it

may issue under this subcontract. ARTICLE 30. TERRORIST FINANCING PROHIBITION The Subcontractor (including its employees, consultants and agents) by entering into this subcontract certifies that it does not engage, support or finance individuals and/or organizations associated with terrorism. The Subcontractor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the Subcontractor to ensure compliance with these Executive Orders and laws. This provision must be included in all subcontracts issued under this subcontract.

Page 21: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 21 of 35

ARTICLE 31. SURVIVAL The provisions set forth in the following Articles of this subcontract will survive after termination or expiration of this subcontract and will remain in effect until fulfilled:

Article 12. Cooperating Country Fees, Taxes, and Duties Article 15. Compliance with Applicable Laws and Standards Article 20. Warranty Support and Service Article 21. Record Keeping, Monitoring, and Audit Rights Article 23. Indemnity and Subcontractor Waiver of Benefits Article 29. Governing Law and Resolution of Disputes

ARTICLE 32. ANTI-FRAUD HOTLINE USAID/Pakistan has, in cooperation with the USAID Office of Inspector General, established the Anti-Fraud Hotline to provide an avenue for the reporting of fraud, waste, and abuse which may be associated with USAID funded projects in Pakistan. Complaints are handled with complete confidentiality and individuals are encouraged to report when corruption, fraud, waste or abuse may exist in the USAID/Pakistan projects. Reports can be filed anonymously via the easy-to-use Hotline (toll free number 0800 84700); e-mail at [email protected] ; fax at 021-35390410; postal address at 5-C, 2nd Floor Khayban-e-Ittehad, Phase VII, Karachi, Pakistan; and on the website www.anti-fraudhotline.com.

PART 4. CLAUSES INCORPORATED BY REFERENCE ARTICLE 33. CLAUSES INCORPORATED BY REFERENCE This fixed price subcontract incorporates the following clauses of the Federal Acquisition Regulation (48 Code of Federal Regulations, Chapter 1) and USAID Acquisition Regulation (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 NUMBER

TITLE AND YEAR

52.202-1 DEFINITIONS (JUL 2004) 52.203-3 GRATUITIES (APR 1984) 52.203-6 RESTRICTION ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(SEP 2006)

Page 22: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 22 of 35

52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995) 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY

(JAN 1997) 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2005) 52.203-12 LIMITATION OF PAYMENT TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2005) 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS 52.215-2 AUDIT AND RECORDS - NEGOTIATION (JUN 1999) 52.215-14 INTEGRITY OF UNIT PRICES (OCT 1997) 52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES

(JUN 2004) 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORT (FEB 1999) 52.222-26 EQUAL OPPORTUNITY (APR 2002) 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS,

VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB. 2009) 52.223-6 DRUG FREE WORKPLACE (MAY 2001) 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2006) 52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION

OF CONTRACT (FEB 2000) 52.227-1 AUTHORIZATION AND CONSENT (JUL 1995) 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (AUG 1996) 52.227-9 REFUND OF ROYALTIES (APR 1984) 52.228-3 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR

1984) 52.229-6 TAXES - FOREIGN FIXED PRICE CONTRACTS (JUN 2003) 52.242-15 STOP-WORK ORDER (AUG 1989) 52.243-1 (Alt I) CHANGES – FIXED PRICE (AUG 1987) (ALT I) (APR 1984) 52.243-7 NOTIFICATION OF CHANGES (APR 1984) 52.246-2 INSPECTION OF SUPPLIES – FIXED-PRICE (AUG 1996) 52.246-23 LIMITATION OF LIABILITY (FEB 1997) 52.247-63 PREFERENCE FOR US-FLAG AIR CARRIERS (JUN 2003) 52.247-64 PREFERENCE FOR PRIVATELY OWNED US-FLAG COMMERCIAL

VESSELS (FEB 2006) 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-

PRICE) (APR 1984) 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) Agency for International Development Acquisitions Regulation (AIDAR) Clauses

AIDAR CLAUSE TITLE AND YEAR

Page 23: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 23 of 35

NUMBER

752.202 Alt.70 and Alt.72

DEFINITIONS ALT. 70/ALT.72 (JANUARY, 1990)

752.211-70 LANGUAGE AND MEASUREMENT (JUNE, 1992)

752.225-70 SOURCE, ORIGIN AND NATIONALITY REQUIREMENTS (FEBRUARY, 2007)

752.225-71 LOCAL PROCUREMENT (FEB 1997)

752.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT)

752.228-9 CARGO INSURANCE

752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JULY 2007)

752.247-70 PREFERENCE FOR PRIVATELY OWNED US-FLAG COMMERCIAL VESSELS (OCT 1996)

752.7009 MARKING (JAN 1993)

752.7025 APPROVALS (APR 1984)

752.7027 PERSONNEL (DEC 1990)

752.7034 ACKNOWLEDGEMENT AND DISCLAIMER (DECEMBER, 1991)

Page 24: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 24 of 35

ARTICLE I. 2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUES OF EXECUTIVE ORDERS – COMMERCIAL ITEMS (AUG 2013)

a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77,

108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

1) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

2) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

4) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). 5) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)). 6) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 7) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).(Not applicable if the work is performed outside the United States)

8) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ).(Not applicable if the work is performed outside the United States)

9) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

10) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).(Only if applicable under FAR 23.204)

11) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

12) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d). 13) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012)

(41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

Page 25: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 25 of 35

3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

14) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

15) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: None (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

Page 26: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 26 of 35

ATTACHMENT A: LETTER OF TRANSMITTAL

The following letter must be completed and submitted with any offer:

To: Chemonics International Inc.

Firms Project

Attention: Procurement & Subcontracts

Reference: RFP no. 14-121

Date: (insert date)

(Insert name of company) hereby proposes the attached offer to perform all work required

as described in the above referenced RFP. Please find attached our detailed Technical Volume (including

past performance information, CVs of key personnel, and required certifications and licenses, and a

company profile) and Cost Volume, as called for in the RFP.

We hereby acknowledge and agree to all of the terms and conditions, special provisions, and instructions

included in the above referenced RFP. We further certify that (insert name of company) , as a

firm—as well as the firm‘s principal officers and all commodities and services offered in response to this

RFP—are eligible to participate in this procurement under the terms and conditions of this solicitation and

under USAID regulations.

We hereby certify that the enclosed representations, certifications, and other statements are accurate,

current, and complete.

__________________________________

Company Name

___________________________________

Name and title of authorized representative

___________________________________

Signature

___________________________________

Date

Page 27: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 27 of 35

ATTACHMENT B: REQUIRED CERTIFICATIONS

The following certifications must be completed and submitted with any offer:

52.203-2 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.

___________________________________

(Applicant)

BY (Signature) ___________________ TITLE _____________________

TYPED NAME ____________________ DATE _____________________

Page 28: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 28 of 35

52.203-11 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‖ (52.203-

12).

(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.

(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 29: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 29 of 35

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (MAY 2008)

(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;

(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 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 o has not o, 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

Page 30: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 30 of 35

manager; plant manager; head of a subsidiary, 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 non-responsible.

(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 ___________________________

Printed Name _____________________________

Title ____________________________

Date _____________________________

Page 31: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 31 of 35

EVIDENCE OF RESPONSIBILITY STATEMENT

1. Authorized Negotiators

Company Name proposal for USAID Firms Project RFP No. 14-121 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. 14-121

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 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 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)

7. Eligibility to Receive Award

(Subcontractor should state that they are qualified and eligible to receive an award under applicable laws

and regulation and if 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

Page 32: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 32 of 35

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 the 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 33: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 33 of 35

15.406-2 CERTIFICATE OF CURRENT COST OR PRICING DATA

_________________________(hereinafter called the "offeror")

(Name of Offeror)

This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in

section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-

4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the

Contracting Officer's representative in support of ________* are accurate, complete, and current as of

________**. This certification includes the cost or pricing data supporting any advance agreements

and forward pricing rate agreements between the offeror and the Government that are part of the

proposal.

Firm _____________________________________________

Signature _________________________________________

Name ____________________________________________

Title _____________________________________________

Date of execution***________________________________

* Identify the proposal, request for price adjustment, or other submission involved, giving the

appropriate identifying number (e.g., RFP No.).

** Insert the day, month, and year when price negotiations were concluded and price agreement was

reached or, if applicable, an earlier date agreed upon between the parties that is as close as

practicable to the date of agreement on price.

*** Insert the day, month, and year of signing, which should be as close as practicable to the date

when the price negotiations were concluded and the contract price was agreed to.

Page 34: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 34 of 35

KEY INDIVIDUAL CERTIFICATION NARCOTICS OFFENSES AND DRUG TRAFFICKING

I hereby certify that within the last ten years:

1. I have not been convicted of a violation of, or a conspiracy to violate, any law or regulation of the

United States or any country concerning narcotic or psychotropic drugs or other controlled substances.

2. I am not and have not been an illicit trafficker in any such drug or controlled substance.

3. I am not and have not been a knowing assistor, abettor, conspirator, or colluder with others in the illicit

trafficking in any such drug or substance.

Signature: __________________________________ Date:

Name:

Title/Position:

Organization:

Address:

Date of Birth:

NOTICE:

1. You are required to sign this Certification under the provisions of 22 CFR Part 140, Prohibition on

Assistance to Drug Traffickers. These regulations were issued by the Department of State and require

that certain key individuals of organizations must sign this Certification.

2. If you make a false Certification you are subject to U.S. criminal prosecution under 18 U.S.C. 1001.

Page 35: RFP_14-121

RFP No. FIRMS RFP 14-121 Page 35 of 35

Annex 1

List of Marble and Granite Processing Units to be Certified

Sr

# SMEs Name Contact Person Contact No. Email Address

1 Al- Faisal Marble-

Islamabad

Mohammad

Younas

0333-5190573/

051-2227770-1 [email protected]

Peshawar Road, Turnol, Islamabad

2 Karcon Marble -

Peshawar Jibran Khan

0332-9852323/

0341-5201266 [email protected]

Warsak Road, Peshawar, Khyber

Pakhtunkhwa

3 Pak Marble-

Charsadda

Shakir ullah

Khan

0300-

58587601/

0311-9261803

[email protected]

Industrial Area, Subhan Khawaer, Tehsil

Shabqadr, Dist. Charsadda, Khyber

Pakhtunkhwa

4 Umer Marble-

Charsadda

Muhammad

Nawaz Khan

0345-9400606/

0300-9341097 [email protected]/

[email protected]

Industrial Area, Subhan Khawaer, Tehsil

Shabqadr, Dist. Charsadda, Khyber

Pakhtunkhwa

5 Lasani Marble-

Charsadda

Niamat ullah

Khan 0301-8883302 [email protected]/

[email protected]

Industrial Area, Subhan Khawaer, Tehsil

Shabqadar, Dist. Charsadda, Khyber

Pakhtunkhwa

6 Farooq Marble -

Muridke

Tayyab Hameed

Bhatti 0300-8424608

[email protected]

30-KM, Mouza Khouri, Waseem Sajjad

Road, Muridke