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International Relief and Development
Engineering, Quality Assurance & Logistical Support Program
(EQUALS)
REQUEST FOR PROPOSAL (RFP)
Original Date Issued:
Closing Date:
October 15, 2014
October 28, 2014
Request for Proposal Number:
IRD/EQUALS/RFP#16 KU-B and Dedicated 1:1
1Mbps/1Mbps Satellite Internet Connection/2014
International Relief and Development (IRD) Inc., seeks proposals from eligible internet service
providers (ISPs) to provide 1Mbps/1Mpbs dedicated 1:1 KU-band satellite internet connection to
IRD EQUALS field office based in Paktiya province ―Camp Liz‖. This is a full and open
competition. All eligible respondents that meet the qualifications and requirements may apply.
IRD-EQUALS anticipate awarding one or more contracts as a result of this Solicitation. A full
copy of the solicitation is attached. The proposed period of performance for this firm fixed unit
price purchase order, will be on or about (o/a) November 01, 2014 to April 17, 2015 with
possibility of extension based on mutual agreement and successful performance of contractor,
subject to USAID approval and funding allocation.
Potential Bidders may submit questions in writing by email with the subject line:
IRD/EQUALS/RFP#16 KU-Band Dedicated 1:1 1Mbps/1Mbps Satellite Internet
Connection/2014 to [email protected] by no later than close of business, (4:00.Pm.
Afghan Standard Time) October 22, 2014. No questions will be accepted after this date and time.
This RFP in no way obligates IRD-EQUALS to award a contract nor does it commit IRDEQUALS to pay any cost incurred in the preparation and submission of a proposal.
IRD-EQUALS bears no responsibility for data errors resulting from transmission or conversion
processes. IRD-EQUALS reserves the right to award more or fewer awards than anticipated
above.
Sincerely,
RP Wolstenholme
Chief of Party
IRD-EQUALS
SECTION A
SOLICITATION OVERVIEW
PURPOSE
The purpose of this RFP is to procure internet services from a fully licensed ISP for IRD
EQUALS field office based in Paktiya province ―Camp Liz‖.
TYPE OF CONTRACT/ TO BE AWARDED AS A RESULT OF THIS SOLICITATION
IRD-EQUALS anticipates award of a Firm Fixed Unit Price Purchase Order as a result of this
solicitation. This type of contract shall use:

Firm Fixed Unit Price Purchase Order
CONTRACT TERM
The contract term is anticipated o/a November 01, 2014 to April 17, 2015 with possibility of
extension based on mutual agreement and successful performance of contractor, subject to
USAID approval and funding allocation.
COMPANY INFORMATION
Engineering, Quality Assurance and Logistical Support (EQUALS)
Prime Contract No. 306-C-00-11-00512-00
C/o International Relief Development
1621 North Kent Street
Fourth Floor
Arlington
VA 22209
(703) 248-0161
Contract Representative (CR)
Abdul Matin Rasuly
Procurement Manager
Cell Phone No: +93(0) 792-896-885
E-mail: [email protected]
Technical Representative (TR)
Sayed Bashir
IT Manager
Cell Phone No: +93(0) 790-016-477
E-mail: [email protected]
PAYING OFFICE
Payment office and invoices instructions will be included in the contract.
2
SECTION B
INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS
A. TIMELINE AND DELIVERY INSTRUCTIONS
Proposals submitted in response to this RFP will be received in the following manner:
1. Envelope 1
1.1. The technical proposal including Past Performance information, Operating Licenses an
etc. should be hand delivered in a double sealed envelope to Haleem Mohammadi or
Omer Alkozai at IRD-EQUALS at the Camp Baron beside Kabul International Airport
near to Hawa shenasi.
2. Envelope 2
2.1. Financial proposal should be hand delivered in a double sealed envelope to Haleem
Mohammadi or Omer Alkozai at IRD-EQUALS, the Camp Baron beside Kabul
International Airport near to Hawa shenasi.
Bidders must contact Haleem Mohammadi at least two (2) hour prior to arrival time, to allow for
access and receipt at the Baron prior to the stated delivery time at +93(0)790-024-299 /
+93(0)790-023-027
Closing Date and Time: All questions in response to this RFP shall be due to the abovementioned email address, not later than 04:00 PM Kabul time on October 22, 2014. All
proposals shall be submitted no later than 10:00 AM Kabul time on October 28, 2014.
3. The validity of Offers must be for a minimum of ninety (90) days.
4. Services are anticipated to start on or around November 01, 2014.
B. GENERAL INSTRUCTIONS TO BIDDERS
1. Submission, modification, revision, and withdrawal of proposals
Bidders are responsible for submitting proposals so as to reach IRD-EQUALS office designated
by 10:00 AM Kabul time on October 28, 2014.
Any proposal, modification, or revision received at IRD-EQUALS office designated in the
solicitation after the exact time specified for receipt of offers is ―late‖ and will not be considered.
2. Contract award
IRD-EQUALS intends to award one or more contracts resulting from this solicitation to the
responsible Bidder(s) whose proposal(s) represents the best value after evaluation in
accordance with the evaluation factors and sub factors in the solicitation.
IRD-EQUALS may reject any or all proposals if such action is in IRD-EQUALS’s interest.
IRD-EQUALS may waive informalities and minor irregularities in proposals received.
3
IRD-EQUALS reserves the right to make multiple awards if, after considering the additional
administrative costs, it is in IRD-EQUALS’s best interest to do so.
RFP Instructions: If a Bidder does not follow the material instructions set forth herein, the
Bidder’s proposal may be eliminated from further consideration. If a Bidder does not understand
the instructions in this Solicitation, then it should write to [email protected] for
clarification sufficiently in advance of the deadline for the receipt of proposals in order to obtain
an answer in time to meet that deadline.
Accurate and Complete Information: Bidders must set forth full, accurate and complete
information as required by this RFP. IRD-EQUALS reserves the right to award under this
solicitation without further discussions. The Bidders are encouraged to offer their best terms and
prices with the original submission.
Proposal Preparation Costs: IRD-EQUALS will not pay for any proposal preparation costs.
C. INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL
The technical proposal is limited to 20 pages single spaced (excluding the cover page,
executive summary, table of contents and appendices). Any pages beyond the 20 pages will be
ignored in the evaluation process. The technical proposal must be prepared on A4 paper, using
no smaller than a 12 point font and a 1‖ margin. The technical proposal shall be comprised of
the following elements:
The Title Page is the only page that should show any company information. The title page
of the proposal must show—

The solicitation number;

The name, address, and telephone and facsimile numbers of the Bidder (and electronic
address if available);

A statement specifying the extent of agreement with all terms, conditions, and provisions
included in the solicitation and agreement to furnish any or all items upon which prices
are offered at the price set opposite each item;

Names, titles, and telephone and facsimile numbers (and electronic addresses if available)
of persons authorized to negotiate on the Bidder’s behalf with IRD-EQUALS in
connection with this solicitation; and

Name, title, and signature of person authorized to sign the proposal. Proposals signed by
an agent shall be accompanied by evidence of that agent’s authority, unless that evidence
has been previously furnished to the issuing office.
Part I - Understanding of the Statement of Work (SOW) and its Requirements
The Bidder shall provide and explanation of its understanding of the SOW within the setting of
the current security situation in Afghanistan, and its understanding of the issues it will face in the
delivery of the work.
4
Part II -Management Approach and Methodology
The Bidder shall provide an Organizational Chart defining lines of responsibilities and staff
authorities and a diagram showing the relationship between the proposed team and IRDEQUALS office in delivery of the SOW.
This section should also include an explanation of how the elements of the SOW will be
delivered, to include but not be limited to:




Who is the company underwritten by.
Confirmation of AISA license, submit a copy.
Does the company have a claims facility/office in Afghanistan?
What the company’s past performance
o How long has the company been established?
o How long have they conducted business in Afghanistan?
o Who are some of the customers you currently provide internet facilities?
o Obtain references for current and past customers.
Part III – Corporate Capability/Demonstrated Relevant Previous Experience
The Bidder shall provide a clear and succinct demonstration of recent experience (last 2 years) of
provision of internet services in Afghanistan and/or in other comparable conflict and post
conflict environment countries. Examples of past experience must include internet type services
provided on a similar scale, and under similar conditions, as those envisioned by this solicitation.
Bidders shall list types of contracts performed, value of contracts, locations, and periods of
performance and general scopes of work. Only Prime Bidder and major Contractors’ (defined as
receiving 20% or more of total offer value) experience will be considered. Individual personnel
experience may not be substituted for corporate experience of the Bidder or major Contractors.
Past performance information will be used for both responsibility determinations and as an
evaluation factor for award. IRD-EQUALS will focus on information that demonstrates quality
of performance relative to the size and complexity of the contract under consideration. IRDEQUALS is not required to contact all references provided by the Bidder, however, references in
addition to other than those identified by the Bidder may be contacted to those listed by the
Bidder may be contacted in the evaluation of the Bidder’s past performance. Bidders should
provide a minimum of two (2) Past Performance References including:








Name and Address of customer/client or Government Agency
Contract Number
Contract Type (Fixed Price, Cost Reimbursement, etc.)
Total Contract Value
Description of Duties Performed (not just a title)
Period of Performance
Contracting Officer’s name, address, telephone, fax, and email address
Location where work was performed
5
Specified Personnel N/A
ANNEX: Documentation to be submitted as part of Technical Proposal
The Bidder is to submit additional supporting documentation, as evidence of compliance with
relevant Afghan Laws relating to operation of internet services for itself and all Contractors to
include but be limited to:




AISA License,
ATRA License,
Past Performance ―Agreements‖,
Clients Detail.
D. INSTRUCTIONS FOR THE PREPARATION OF THE BUSINESS PROPOSAL
The business proposal must be prepared on A4 paper, using no smaller than a 12 point font and
a 1‖ margin. The business proposal is not restricted to a page limitation. However, Bidders are
advised that any documentation that is not attributable to the information requested for inclusion
in the business proposal, or any documentation that appears to be an overflow of the technical
proposal, shall not be evaluated. The business proposal must include, at a minimum, the
following sections:
1. Proposal Cover Sheet and Table of Contents. The cover sheet of your Business Proposal
must include the following information (as applicable):
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
RFP Solicitation and/or amendment number;
Name and address of Contractor;
Name and telephone number of point of contact;
Name, address, and telephone number of Cognizant Institutional Contract
Administration Officer; if applicable
Name, address, and telephone number of Cognizant Audit Entity;
The following statement:
“By submitting this proposal, we grant the IRD Contracting Officer and
authorized representative(s) the right to examine, at any time before award, those
records, which include books, documents, accounting procedures and practices,
and other data, regardless of type and form or whether such supporting
information is specifically referenced or included in the proposal as the basis for
pricing, that will permit an adequate evaluation of the proposed price and validity
of the offer.”
Date of Submission;
Number of pages;
Expiration date of Offer;
Name, title, and signature of authorized representative who is legally qualified to
bind our institution.
Please complete the offeror letter provided in APPENDIX B.
Please complete sign and stamp the subcontract disclosure form provided in
APPENDIX E
Please complete sign and stamp all mandatory certification clauses.
6
2. A Completed Pricing Schedule consistent with the Pricing Units and Categories,
provided in APPENDIX A.
3. Financial and Accounting System Description Information including certification of
ability to deliver the services proposed notwithstanding all other financial commitments.
(See Evidence of Responsibility) No advance payment is allowed under this contract.
4. Other Administrative Data, including a copy of your most recent valid licenses, entity
DUNS Number, entity Tax Identification Number, full and complete identification and
location of the entity and location of formal incorporation, with full address, email,
telephone and facsimile numbers.
5. A statement specifying the extent of agreement with all terms and conditions, and
provisions included in the solicitation and draft subcontract and ability and willingness to
furnish all items upon which prices are offered.
6. Signed Representations and Certifications included as Annexes to the sample
subcontract;
7. Joint Venture Information / Teaming Agreement (if any)
8. Subcontracting Team Arrangement (if any).
9. Completed Vetting Information Forms (VIF) along with all required supporting
documentation for the Bidder and its major implementing partners (joint venture). VIF
information may be submitted in a signed sealed envelope and will not be used for
evaluation purposes. Envelopes will be returned unopened for all Bidders who do not
meet the final negotiation round.
Part I - Financial Proposal (APPENDIX A)
Bidders should propose costs based on an all-inclusive on monthly basis. Any applicable charges
for installation and configuration should be shown in separate line item. Pricing should be based
on an all-inclusive on monthly basis with possibility of extension based on mutual agreement.
Part II - Joint Venture / Teaming Agreement Information (if applicable) N/A
Part III- Subcontracting Arrangements/Subcontracting Plan (as applicable)
Details on all subcontractors proposed to be used for this contract, including name, address,
registration and licenses and value of each subcontract over $25,000 must be included. Please
provide complete vetting information in separate sealed envelopes for all subcontractors over
$25,000.
Part IV - Evidence of Responsibility
The Bidder must submit sufficient evidence of responsibility for the contracting officer to make
an affirmative determination of responsibility. To be determined responsible, a prospective
Bidder must:



Have or able to obtain adequate financial resources;
Be able to meet the required delivery or performance schedules
Possess a ―satisfactory performance record‖
7




Have a satisfactory record of integrity and business ethics and a corporate policy/training
in Ethics and Business Conduct
Possess or able to obtain the necessary organization, experience, accounting and
operational controls; and technical skills
Has or be able to obtain the necessary equipment and facilities; and
Be otherwise qualified and eligible in accordance with all applicable laws
Host Country Taxes And Duties
Bidders are advised that all goods and services, equipment, materials, and funds introduced into
Afghanistan under the USAID program are exempt from customs duties and taxes of every kind.
Accordingly, and in accordance with the applicable U.S. Government cost principles, such costs
are unallowable and may not be charged to this contract or paid with funding provided
hereunder. If the Contractor is assessed any such charges, the Contractor shall bring the
assessment to the immediate attention of EQUALS’s Contractual Representative.
As a non-Afghan entity, the Bidder may be exempt from certain taxes under this Contract,
pursuant to the Strategic Objectives Agreement between the Client [defined earlier as USAID]
and the Government of Islamic Republic of Afghanistan (GIRoA). IRD-EQUALS shall provide
a tax exemption notification letter to the Bidder within one week of full execution of this
Contract. The Contractor shall be responsible for obtaining a confirmation of tax exemption
letter from the Ministry Of Finance (MoF) of GIRoA. The Bidder shall provide a copy of such
confirmation of tax exemption letter from the MoF to IRD-EQUALS’s Technical Representative
no later than 60 days from the date of receipt of IRD-EQUALS’s tax exemption notification
letter. Failure to obtain such tax exemption confirmation letter from the MoF within the period
of time specified in this clause shall make all payments to the Contractor subject to tax
withholding. Only non-Afghan entities may be exempt from taxation and must fully comply with
the requirements to remain eligible. Afghan companies remain responsible for all taxes due
including income taxes of expatriate personnel.
All taxes, assessments and similar charges levied with respect to or upon any such products or
Work owned by IRD-EQUALS while in Contractor’s possession or control, and for which no
exemption is available, shall be borne by the Contractor. In accordance with the provisions of
Afghanistan Tax Law, Article 72, IRD-EQUALS shall withhold the following fixed percentage
amounts from each gross amount of each invoice due to Contractor and remit the withheld
amount to the Da Afghanistan Bank to the account of the Medium Tax Office, bank account
number #{INSERT}
For contractors registered with AISA (Afghanistan Investment Support Agency), the fixed
amount of withholding shall be 2% (two percent of the total payment amount).
A copy of registration must be provided to IRD-EQUALS
For non-registered Contractors, the fixed amount of withholding shall be 7% (seven percent of
the total payment amount)
All Afghan contractors are required to provide a copy of their signed subcontracts and/or
purchase orders with IRD-EQUALS to the Medium Tax Office upon signature.
8
EVALUATION OF PROPOSALS
This is a best-value/trade-off procurement. This process allows for ―trade-off‖ process among
price and non-price factors and allows the evaluators to accept other than lowest priced proposal
in cases where the perceived benefits of the higher-priced proposals shall merit the additional
cost, and the rationale for such merits is properly documented.
Proposals will be evaluated by separate technical and cost committees, under basic two (2)
evaluation factors: technical, and cost. IRD-EQUALS intend to evaluate proposals and award all
contracts without discussions. Therefore, the Bidder’s initial proposal should contain the
Bidder’s best terms from a cost or price and technical standpoint.
Technical Proposal – Factors for Award
A. Understanding of the SOW and its requirements
B. Management Approach and Methodology
C. Corporate Capability/Past Performance
30
20
50
Total
100
Bidders are requested to organize their technical responses according the technical evaluation
criteria. The Technical proposal is limited to 20 single spaced pages (see instruction on
submission of the technical proposal.)
Overall Technical Understanding of IRD-EQUALS Mission/Knowledge of Services
This portion of the proposal will be evaluated according to how well the proposal demonstrates
the Bidder’s overall technical understanding of the background, need, and purpose of the
activities and the complexity of the work to be provided. Additionally, Bidders will be evaluated
on their overall technical understanding of the requirements. Proposals that regurgitate the
information provided in the solicitation, do not address all service requirements, or merely
discuss staffing ability versus demonstrated technical knowledge of the services will receive less
than the full credit available for these criteria.
Overall Management Approach and Methodology
This portion of the proposal will be evaluated according to how well qualified and experienced
the Bidder, as an organization, is in managing/performing the services described in this
solicitation, and how knowledgeable the Bidder is of international best practices, and industry
standards.
Past Performance
Relevancy of information, source of information, context of the data, and general trends in
Bidder’s performance shall be considered as of evaluation of this portion of the proposal. The
Bidders should refer their most relevant projects for consideration of past performance. Past
Performance means the Bidder's record of conforming to specifications and to the highest
standards of professionalism, integrity and performance quality, the Bidder's adherence to
9
contract schedules and terms, including the administrative aspects of performance; the Bidder’s
ability to maintain adequate supporting documentation; the Bidder's reputation for reasonable
and cooperative behavior and commitment to customer satisfaction; and generally, the Bidder's
business-like concern for the interest of the customer and the degree of quality of deliverables
and performance.
Specified Personnel Qualifications N/A
Cost Proposal--Factors for Award
Price in not expected to be the controlling factor in the selection of a winning bid for this
solicitation. The degree of importance of cost as a factor could become greater depending upon
equality of the proposals for other factors evaluated; where competing proposals are determined
to be substantially equal, total cost and other cost factors would become controlling factors.
Discussions, if held, will be conducted only with those Bidders determined to be within the
competitive range. Price will be evaluated on the basis of cost realism and cost reasonableness,
which means that the costs in a Bidder’s proposal just be:




realistic for the work to be performed;
reflect a clear understanding of the requirements;
be consistent with the various elements of the Bidder’s technical proposal; and
be thorough and complete to include all required information and attachments
Each factor is given equal weighting.
Final Source Selection
In evaluating proposals for final selection and award, IRD-EQUALS will perform a "best
value/trade-off" analysis, making award to the Bidder whose integrated proposal offers the
highest technical merit at the best overall price. While price is not expected to be the exclusive
controlling factor in the selection of the successful Bidder, the degree of importance of price as a
factor will be greater depending upon the degree of equality of the proposals and other factors
evaluated. Award will be made to the Bidder whose proposal best conforms to the Request for
Proposal (RFP) requirements and is judged to represent the best value for the price to IRDEQUALS. Best value means the expected outcome of an acquisition that, in the IRD-EQUALS
estimation, provides the greatest overall benefit in response to the requirement. This may result
in an award to a higher-rated, higher-priced Bidder, where the decision is consistent with the
evaluation criteria and the designated competitive selection official reasonably determines that
the expected benefits of the non-cost criteria outweigh price difference.
It is IRD-EQUALS’s Policy that no gifts of any kind and of any value be exchanged
between vendors/Contractors and IRD-EQUALS personnel. Discovery of the same will be
grounds for disqualification of the vendor/Contractor from participation in any IRDEQUALS’s procurements and may result in disciplinary actions against IRD-EQUALS
personnel involved in such discovered transactions.
10
SECTION C
STATEMENT OF WORK AND STANDARDS
GLOSSARY OF ACRONYMS AND ABBREVIATIONS
AED
ANSF
AO
APPF
ARTF
CCTV
CHEF
CIPD
ComC
CPR
CSO
EMT
EQUALS
ERP
FOHE
H&S
HEAT
IRD
ISAF
KHPP
LN
NVQ
PSRM
PSRS
PTEC
RMC
RUF
SF
SLM
SOP
QA/QC
USAID
Automated External Defibrillator
Afghan National Security Forces
Area of Operations
Afghan Public Protection Force
Afghan Reconstruction Trust Fund
Closed Circuit Television
Construction of Health and Education Facilities
Chartered Institute of Personnel and Development
Communications Consultant
Cardiopulmonary Resuscitation
Country Security Office
Emergency Medical Technician
Engineering Quality Assurance and Logistical Support program
Emergency Response Plan
Facility of Higher Education Projects
Health and Safety
Hostile Environment and Awareness Training
International Relief and Development Inc.
International Security Assistance Force
Kandahar Helmand Power Project
Local National
National Vocational Training Qualification
Project Security and Risk Manager
Project Security and Risk Supervisor
Power Transmission and Electricity Connectivity project
Risk Management Consultant(s)
Rules of Use of Force
Special Forces
Service Level Management
Standard Operating Procedures
Quality Assurance/Quality Control
United States Agency for International Development
11
STATEMENT OF WORK
ENGINEERING QUALITY ASSUARANCE AND LOGISTICAL SUPPORT PROGRAM
(EQUALS)
INTERNET SERVICES
General Requirements:








The ISP should have experience in KU-Band Satellite.
The ISP should have a fully functional Customer Service Centre in Kabul as well as
Gardiz in case of emergency which is operational 24 hours.
The ISP should provide minimum of 99% uptime. Downtime will be calculated (Total
Time – Down Time) X 100 / Total time.
The response time for attending the faults should be less than an hour after they are
reported to the Vendor.
If the fault takes more than four hours the vendor should provide a temporary solution.
IRD EQUALS subnet should be on a separate VLAN due to security reasons.
Maintenance & Operation, Site Visits and etc... will be on ISP cost (IRD won’t pay any
charges).
Delivery and Installation period: 3 working days.
Specific Requirements:











The ISP should provide us dedicated connection from Satellite (KU-Band).
The ISP should provide online/live bandwidth monitoring system like MRTG or
something similar.
The connection should have backup link.
Latency should be less than 500 msec. from router port to peering point (US End).
The connection from ISP to Camp Liz should be based on KU-Band Technology.
Trace route to google.com should not exceed 12 hops.
The ISP should provide NS and DNS servers.
Bandwidth is as follows:
o KU-Band 1Mbps down/1Mbps up Dedicated 1:1.
The ISP should provide us with Subnet /30 (one usable public IP).
The equipment should be on lease only.
The cable from dish to server room should be high quality and should be placed inside
thick plastic pipe for better protection.
Equipment:

ISP owned recommended equipment for free until end of agreement:
Equipment 1
No
Description
Specification
Remarks
1
2
3
4
12
Install Deliverable:
 Location for the KU-Band connection is Camp Liz Paktya Province Wazi Zadran Gardiz
Khost Road (33.36857 (33°22′06.862″N) Longitude : 69.4155 (69°24′55.801″E))
 The ISP should provide online MRTG reporting of the bandwidth usage separate for each
connection and a general for all connections.
 Standards should be followed by installation of the cable from antenna to the router.
Outdoor cable covered by plastic pipe.
 The KU-Band Sat Dish should be grounded with grounding system.
Final Presentation:




The ISP provided connection will be tested with various tools (bandwidth monitor, traffic
monitor, due meter, MRTG and etc.).
Uptime and downtime will be tested using ping (ICMP) to different servers at US
(google.com and yahoo.com).
Packet loss shall not exceed 0%.
HTTP traffic should be stable and will be tested with Skype, Youtube and other tools.
Completion / Termination
The duration of internet service contract is from o/a November 01, 2014 to April 17, 2015 with
the possibility of extension depending, take note that IRD-Equals can terminate the contract at
any time due to poor or non-performance.
Other Conditions



IRD has to be informed 24 hours prior to any kinds of maintenance, satellite interference
or any other disruption.
IRD has to be informed 1 month advance before changing of public IP’s.
The ISP can change the public IP’s only if has IRD-EQUALS approval.
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APPENDIX A
FINANCIAL PROPOSAL
Item
Item Description
1
1Mbps/1Mpbs dedicated 1:1
KU-band satellite internet
connection to IRD EQUALS
field office based in Paktiya
province
2
Location
Unit
Qty
Month
1
One
Time
1
Monthly
Price in
USD
Paktiya
Province
―Camp Liz‖
Installation & Configuration
Total in USD
14
Total Price in
USD
APPENDIX B
Offer’s Letter (to be signed and returned with Proposal)
Date: ________________
To: IRD
Ladies and Gentlemen:
We, the undersigned, offer to undertake solicitation IRD/EQUALS/RFP#16 KU-Band Dedicated
1:1 1Mbps/1Mbps Satellite Internet Connection/2014 in accordance with your Request for
Proposal dated October 15, 2014 and our Proposal/Quotation in the sum in US Dollars of (in
words) _________________________ (in figures) ________________.
Our Proposal/ Quotation shall be valid for ninety (90) calendar days from the submission date.
Our Company shall supply and deliver the above-mentioned goods/commodities and services
within __________ calendar days after receipt of FIRM FIXED UNIT PRICE PURCHASE
ORDER/SERVICES.
By submitting this proposal, we grant the IRD Contracting Officer and authorized
representative(s) the right to examine, at any time before award, those records, which include
books, documents, accounting procedures and practices, and other data, regardless of type and
form or whether such supporting information is specifically referenced or included in the
proposal as the basis for pricing, that will permit an adequate evaluation of the proposed price
and validity of the offer.
We understand you are not bound to accept any Proposal you receive.
Sincerely yours,
Authorized Signature: __________________________________________
Name and Title of Signatory: ____________________________________
Name of Firm: ________________________________________________
Email Address: _______________________________________________
Telephone#: _________________________________________________
Address: _____________________________________________________
15
APPENDIX C
SUBCONTRACT TERMS AND CONDITIONS
See next page:
16
COMMERCIAL ITEMS (SERVICES)
SECTION A – CONTRACT SCHEDULE
CONTRACT NO:
AWARD DATE:
PERIOD OF PERFORMANCE/TERM OF THE CONTRACT:
EQUALS (Engineering, Quality Assurance
and Logistical Support)
Prime USAID Contract number 306-C-00-11-00512-00
CONTRACTOR’s NAME & ADDRESS
PLACE OF DELIVERY/ACCEPTANCE:
International Relief and Development
IRD-EQUALS ―Camp Liz‖
TIN:
CONTRACTOR DUNS:
AISA License Number:
IRD TECHNICAL & CONTRACTUAL POINTS OF
CONTACTS
CONTRACTOR’S TECHNICAL &
CONTRACTUAL POINTS OF
CONTACTS (POC):
CONTRACT MANAGER:
TECHNICAL POC:
TECHNICAL MANAGER:
CONTRACTUAL MANAGER:
TYPE OF CONTRACT AND CEILING
FIRM FIXED PRICE 
CEILING IN USD: NOT TO EXCEED
15. TYPE OF BUSINESS/INSTITUTION
17
[X] IMPORTANT!
This Contract constitutes the entire agreement between the Company (further ―IRD‖ throughout) and
{INSERT} (further ―Contractor‖ throughout) and supersedes all prior or contemporaneous
communications, representations, or agreements, oral or written, with respect to its subject matter. Any
additional or different terms in Contractor’s terms or proposal are hereby expressly rejected.
The documents listed below, together with any modifications issued under this Contract, constitute the
Contract Documents of this Contract:
i).
SECTION A -SCHEDULE OF THE CONTRACT
ii).
SECTION B- GENERAL TERMS AND CONDITIONS
iii).
SECTION C - SUPPLEMENTAL TERMS AND CONDITIONS
iv).
SECTION D – PAYMENT/VOUCHER INSTRUCTIONS
SIGNATURES:
International Relief and Development Inc.
Name: __________________________________________
Title: _____________________________________
Date: _____________________
CONTRACTOR
Name: __________________________________________
Title: _____________________________________
Date: _____________________
18
SECTION B – GENERAL TERMS AND CONDITIONS
This contract is between International Relief and Development (IRD), a non-profit corporation
incorporated under the laws of the Commonwealth of Virginia, U.S.A., and {INSERT}
(hereinafter called ―the Contractor‖), a {INSERT } institution, incorporated in {INSERT} and
legally registered to conduct business under the laws of Afghanistan,
Now, therefore, in consideration of the promises and of the mutual covenants and agreements
contained herein, and intending to be legally bound, the parties hereby agree to the following
terms and conditions of this Contract:
Article I.
Period of Performance/Term of Engagement
IRD hereby agrees to engage the Contractor to render professional services, as defined in Article
II, Description of Services, and the Contractor agrees to provide such services as an
―Independent Contractor,‖ as defined in Article XXV Independent Contractor, to IRD, in
accordance with the terms and provisions of this Contract, from the Award date of this Contract
as set forth in Section A above until {INSERT}
Article II.
Description of Services
No. Items Description
XXXX
1

Unit
Quantity Remarks
XX
XX
SCOPE OF WORK {INSERT}
Article III.
Compensation
Period of
Performance
Item Description
XXXX
XXXXX
Monthly Price
in USD
Equipment
Installation and Configuration
Total Payment Amount
Total Tax Amount
Net Payment Amount
Page 19
Total Price in
USD
Equipment:
The equipment provided on free lease basis and should be collected by vendor when the service
is not required by IRD.
Article IV.
Technical Direction
IRD Technical Manager (―TM‖) or his/her designee will provide technical direction on Contract
performance. Technical direction includes direction that helps the Contractor accomplish the
tasks under this Contract or comments on and approval of reports or other deliverables.
Technical direction must be within the general scope of this Contract. The TM does not have the
authority to issue technical direction which (a) institutes additional work outside the scope; (b)
constitutes a change as defined in the "Changes" clause; (c) causes an increase or decrease in the
estimated Price; (d) alters the period of performance Schedule; or (e) changes any of the other
express terms or conditions of the Contract. Technical direction will be issued in writing by the
TM or confirmed by him/her in writing within five (5) calendar days after verbal issuance.
Article V.
Key Personnel
RESERVED
Article VI.
Changes
IRD may at any time by written directive or order from the Contract Manager (―CM‖), make
changes within the general scope of this Contract. Contractor shall proceed immediately to
perform the Work as changed. Unless otherwise required, Contractor shall, within ten (10)
calendar days following receipt of such written changes, submit in writing to IRD a proposal for
accomplishing such changes. The proposal shall reflect the increase or decrease, if any, in cost to
Contractor of performing changes, as well as delivery schedule impact. The basis for this
equitable adjustment shall, at IRD’s sole option, be a mutually agreed firm fixed price; a price
determined by unit price or formula; time and materials; or a cost reimbursement basis for
Contractor's actual reasonable/allowable/ allocable direct costs plus a reasonable overhead and
profit allowance.
Contractor's failure to report alleged changes within ten (10) calendar days shall release IRD of
all liability for additional costs or charges associated with the alleged change. Following
submission of the written directive or order referenced above, the Contractor shall diligently
continue performance of the Work.
Article VII.
Technical Data
RESERVED
Page 20
Article VIII.
Health and Safety
Contractor shall comply, and shall secure compliance by its employees, agents, and subContractors with all applicable health, safety and security laws and regulations, including,
without limitation, state and local laws and regulations, any health and safety plan provided by
IRD.
Compliance with such requirements shall represent the minimum standard required of
Contractor. Contractor shall be responsible for examining all requirements and determining
whether additional or more stringent health, safety and security provisions are required for the
Work.
Contractor agrees to comply with training requirements regarding its employees, agents, subContractors and other invitees to the extent required by applicable laws, regulations, health and
safety plans, and IRD rules and regulations; and warrants that all such persons shall be fit and
qualified to carry out the Work.
Article IX.
Permits, Fees and Licenses
IRD shall provide notice to Contractor of all permits, fees, and licenses required for the Work
prior to execution of this Contract, except for permits, fees, or licenses, which are required of
corporations operating in the United States.
Article X.
Insurance and Indemnification
The Contractor agrees to maintain liability insurance as required and customary services industry
for similar operations and in similar high conflict environments. Adequate liability insurance
shall be maintained for all of the Contractor's personnel and vehicles, if any, during the entire
period of performance of the contract. Such insurance will protect the Contractor and its
employees, IRD and USAID from claims which may arise out of or result from the Contractor's
operations (whether by itself, any Contractors, anyone directly or indirectly employed by any of
them, or anyone for whose acts any of them may be liable): claims under workmen's
compensation, disability benefit and other similar employee benefit acts; claims for damages
because of bodily injury, occupational sickness or disease, or death, of its employees or any other
person; claims which are sustained by any person as a result of the actions of the Contractor or
by any other person; and claims for damages because of injury to or destruction of tangible
property, including loss of use resulting there from.
All insurance required under the contract shall not include war or hostile zone exclusions.
IRD and USAID shall be named as additional insured under all lines of general liability coverage
maintained by Contractor as part of customary level of insurance for its industry, except on
Workers' Compensation (DBA) and Professional Liability policies. All policies shall contain a
waiver of subrogation clause in favor of the IRD and USAID.
Page 21
If this Contract includes services by personnel identifiable in the scope of work, IRD shall
provide DBA Insurance coverage for all Contractor direct hire personnel assigned under this
Contract to Afghanistan, if any. DBA Application must be submitted by the Contractor to IRD
NO LATER than the effective date of this Contract and before any services commence. The
Contractor will be required to conduct an annual self-audit of actual remuneration paid to direct
hire personnel, which may result in increased or decreased (refunded) premium. Please note that
if the difference between remuneration reported on the original application vs the actual
remuneration paid to covered employees is expected to vary by +/- 5%, The Contractor is
required to notify IRD immediately, but in any case no later than 3 months before the end of this
Task Order. If such notification is not provided, the Contractor shall be responsible for payment
of any increase in premium adjustment directly to the insurance provider without possibility of
reimbursement by IRD.
In accordance with AIDAR 752.228-3 Worker's compensation insurance (Defense Base Act), the
Contractor further agrees to insert a clause into all subcontracts hereunder at every tier to which
the DBA is applicable, imposing a like requirement to provide overseas workmen's
compensation insurance coverage and obtain DBA coverage from USAID approved DBA
insurance provider as follows:
DEFENSE BASE ACT (DBA) INSURANCE (SERVICES) USAID's DBA insurance carrier is:
Allied World Assurance Company. To obtain DBA insurance, all subcontractors are to contact
Allied's agent, Aon Risk Insurance Services West, Inc.:
Primary Contact:
AON
199 Fremont St., Suite 1400
San Francisco, CA 94105
Regina Carter
Phone: 415-486-7554
Secondary Contact
AON
1120 20th St., N.W., Suite 600
Washington, DC 20036
Ellen Rowan
Phone: 202-862-5306
Article XI.
Termination
TERMINATION FOR CONVENIENCE
IRD reserves the right to terminate this contract, or any part hereof, for its sole convenience an
advance notice of fourteen (14) days. In the event of such termination, the Contractor 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 contract, the Contractor shall be paid a
percentage of the contract price reflecting the percentage of the work performed prior to the
Page 22
notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction
of IRD using its standard record keeping system, have resulted from the termination. The
Contractor shall not be required to comply with the cost accounting standards or contract cost
principles for this purpose. The Contractor shall not be paid for any work performed or costs
incurred which reasonably could have been avoided.
TERMINATION FOR DEFAULT
a) IRD may, subject to paragraphs (d) and (e) below, by written notice of default to the
Contractor, terminate this Contract in whole or in part at any time if the Contractor fails to:
(1) Deliver the supplies or perform the services within the time specified in the
Contract or any extension.
(2) Make progress, so as to endanger performance of the Contract (but see
subparagraph (b) below); or
(3) Perform any of the other provisions of this Contract (but see subparagraph (b)
below).
b) IRD's right to terminate this Contract under subdivisions (a)(2) and (a)(3) above may be
exercised if the Contractor does not cure such failure within 3 calendar days (or more if
authorized in writing by IRD) after receipt of notice from IRD specifying the failure.
c) If IRD terminates this Contract in whole or in part, it may acquire, under the terms and in the
manner IRD considers appropriate, supplies or services equivalent to those terminated and
the Contractor shall be liable to IRD for any excess costs for those supplies or services.
However, the Contractor shall continue any work not terminated.
d) Except for defaults of Lower-tier Subcontractors, the Contractor shall not be liable for any
excess costs if the failure to perform the Contract arises from causes beyond the control and
without the fault or negligence of the Contractor ("Force Majeure") if the Contractor notifies
IRD’s Contractual representative in writing of such causes within 7 (seven) calendar days of
occurrence. Examples of such causes include (1) acts of God or of the public enemy, (2) acts
of the IRD or the US Government in either its sovereign or contractual capacity, (3) fires, (4)
floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9)
unusually severe weather and (10) acts of foreign government in its sovereign capacity. In
each instance the failure to perform must be without a doubt beyond the control and without
the fault or negligence of the Contractor.
e) If the failure to perform is caused by the default of a Lower-tier Contractor, and if the cause
of the default is beyond the control of both the Contractor and Lower-tier Contractor, and
without the fault or negligence of either, the Contractor shall not be liable for any excess
costs for failure to perform, unless the subcontracted supplies or services were obtainable
from other sources in sufficient time for the Contractor to meet the required delivery
schedule.
Page 23
f) IRD shall pay the Contract price(s) services accepted. Failure to agree will be considered a
dispute under the Disputes Clause. IRD may withhold from these amounts any sum IRD
determines to be necessary to protect IRD against loss because of out-standing liens or claims
of former lien holders.
g) If, after termination, it is determined that the Contractor was not in default, or that the default
was excusable, the rights and obligations of the Parties shall be the same as if the termination
had been issued for convenience.
h) The rights and remedies of IRD in this clause are in addition to any other rights and remedies
provided by law or under this Contract.
i) The Contractor may, by not less than seven (7) days' written notice to IRD, such notice to be
given after the occurrence of any of the events specified below, terminate this Contract:
a. if IRD fails to make payment due the Contractor within fifteen (15) days after
receiving written notice from the Contractor that such payment is overdue, and
provided that a complete, accurate and satisfactory invoice has been received by IRD
and such failure is not reasonably pursuant to a bona fide dispute, under the Disputes
clause of the Contract.;
b. IRD becomes insolvent or bankrupt, goes into receivership, or enters into any
agreements to assign its assets, including this Contract, for the benefit of creditors.
j) The rights and remedies of IRD in this clause are in addition to any other rights and remedies
provided by law or under this Contract.
Article XII.
Liquidated Damages N/A
Article XIII.
Governing Law
Unless otherwise specified, all construction and interpretation of this Contract shall be governed
by and construed in accordance with the laws of the Commonwealth of Virginia, United States of
America. IRD and Contractor agree that any provision of this Contract deemed unenforceable or
invalid may be reformed to permit enforcement of the objectionable provision to the fullest
permissible extent. Any provision of this Contract deemed unenforceable after modification shall
be deemed stricken from this Contract with the remainder of the Contract being given its full
force and effect. Any waiver or inaction by either party for any breach of this Contract shall not
be deemed a waiver of any subsequent breach of this Contract. When signed by all parties, this
Contract supersedes and nullifies all prior or contemporaneous conversations, negotiations, or
agreements regarding the subject matter of this Contract.
Page 24
Article XIV.
Disputes
Any controversy or claim between the Parties arising out of or relating to this contract, or breach
thereof, shall be settled by litigation in a court of competent jurisdiction in the Commonwealth of
Virginia, USA. The parties irrevocably consent to jurisdiction of the Commonwealth of Virginia
and warrant that neither party shall raise any jurisdictional defense including forum nonconveniens. The Parties agree that they shall not be entitled to the award of punitive, exemplary,
or consequential damages in such litigation.
Article XV.
Non-Solicitation of Employees
During the term of this agreement, and for one year thereafter, neither party shall knowingly
solicit for hire any technical or professional employee of the other party who has been directly
involved with the work performed under this Contract. However, this shall not be construed to
restrict, limit or encumber an employee’s rights granted by law.
Article XVI.
Confidentiality
Contractor shall maintain information acquired or prepared under this Contract in confidence. If
such information is required to be disclosed by law, Contractor will notify IRD immediately
upon receipt of such order and will reasonably cooperate with IRD and Client in the event IRD
or Client seeks any legal protective order with respect to such information.
Article XVII.
Intellectual Property
RESERVED
Article XVIII.
Non-Disclosure
Unless otherwise agreed to in writing by the parties, all information developed or disclosed by
either party under this Contract shall be deemed to be Proprietary and Confidential Information.
Deliverables, analyses and reports developed under this Contract shall be the property of IRD.
The Contractor will not disclose such deliverables to a third party without prior written
authorization of IRD. Oral communications pertaining to this Contract shall be presumed to be
Proprietary and Confidential Information unless otherwise indicated by either party.
Contractor may not disclose IRD’s Proprietary and Confidential Information to third persons
without IRD’s written consent, provided that Contractor may disclose IRD’s Proprietary and
Confidential Information to its employees and authorized agents, Contractors, partners, affiliates,
principals and consultants on a need-to-know basis. Contractor shall be responsible for ensuring
that any of its employees, authorized agents, Contractors, partners, affiliates, principals and
consultants who receive Proprietary and Confidential Information complies with the obligations
of this Agreement. This Article shall survive termination of this Agreement.
Page 25
This Contract shall not restrict disclosure or use of Proprietary and Confidential Information that:
(a) was, at the time of receipt, otherwise known to the recipient without restrictions as to use or
disclosure; (b) was in the public domain at the time of disclosure or thereafter enters into the
public domain through no breach of this Contract by the recipient; (c) becomes known to the
recipient from a source other than the disclosing party, which source has no duty of
confidentiality with respect to the information; (d) is independently developed by the recipient
without reliance on or access to any of the disclosing party’s Proprietary and Confidential
Information; or (e) is required to be disclosed by a government agency or bureau or by a court of
law or equity with competent jurisdiction over the recipient.
Article XIX.
Audit
At any time before final payment under this contract, the IRD’s Contractual Manager may
request audit of the vouchers and supporting documentation. Each payment previously made
shall be subject to reduction to the extent of amounts, on preceding vouchers, that are found by
the IRD’s Contractual Manager or authorized representative not to have been properly payable
and shall also be subject to reduction for overpayments or to increase for underpayments. Upon
receipt and approval of the voucher designated by the Contractor as the ―completion voucher‖
and supporting documentation, and upon compliance by the Contractor with all terms of this
contract (including, without limitation, terms relating to patents and the terms of paragraph (g) of
this clause), IRD shall promptly pay any balance due the contractor. The completion voucher,
and supporting documentation, shall be submitted by the Contractor as promptly as practicable
following completion of the work under this subcontract, but in no event later than 1 month (or
such longer period as the IRD’s Contractual Manager may approve in writing) from the date of
completion. The Contractor shall retain all documentation pertaining to this Contract for at least
3 years following final payment under this contract.
The Contractor agrees to indemnify and hold IRD harmless for any claims by the US
Government for fines, penalties or requests for refunds because of billing irregularities under this
Contract or rate disputes or other unsupported costs.
Article XX.
Notices
Notices shall be deemed to have been sufficiently given if in writing and delivered either
personally or by mail to the authorized representative of the other party; notices given by mail
shall also be transmitted by facsimile at the time of mailing. In the absence of specifically
designated authorized representatives, the signatories to this Contract shall be authorized
representatives.
Article XXI.
Notification of Debarment/Suspension Status
The Contractor shall provide immediate notice to the CM in the event of being suspended,
debarred or declared ineligible by any US Government department or other US Federal agency,
or upon receipt of a notice of proposed debarment from a US Federal agency, during the
performance of this Contract.
Page 26
Article XXII.
Gratuities
Contractor warrants that it has not offered or given, and will not offer or give to any employee,
agent or representative of IRD, a payment, gratuity, or kickback for obtaining or rewarding
favorable treatment by IRD with respect to the terms, conditions, price, performance, or award of
this Contract..
Article XXIII.
Severability
If any provision or any portion of a provision of this Contract shall be finally determined to be
superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable legal
requirements or court order, such determination shall not impair or otherwise affect the validity,
legality, or enforceability of the remaining provision or portion of the provision hereunder,
which shall remain in full force and effect as if the unenforceable provision or portion were
deleted.
Article XXIV.
Assignments and Contracts
Contractor shall not assign any proceeds from or performance of this Contract or any right or
obligation hereunder without the written consent of IRD.
Article XXV.
Complete Agreement
This Contract is placed subject only to the terms and conditions included in this Contract and any
reference herein to any proposal from Contractor is solely for the purpose of specifying basic
information concerning price, the description of the item(s), quantities and delivery and then
only as such terms are consistent with terms and conditions herein. The Contract as IRD’s offer,
including the terms and conditions on the Schedule thereof, the following terms and conditions,
and any IRD attachments hereto (such as IRD’s ―Supplemental Terms and Conditions‖) becomes
the complete and final agreement between IRD and the Contractor when accepted by signature of
both parties on the Signature Page in Section A of this Contract. In the event of an ambiguity,
discrepancy or conflict in any other technical requirements or drawings, Contractor shall
immediately consult IRD for a resolution.
Article XXVI.
Independent Contractor Relationship
(a) Contractor is an independent contractor in all its operations and activities hereunder. The
employees used by Contractor to perform Work under this Contract shall be Contractor's
employees exclusively without any relation whatsoever to IRD.
(b) Contractor shall be responsible for and hold harmless IRD and its customers from and
against all losses, costs, claims, causes of action, damages, liabilities, and expenses,
including attorneys fees, all expenses of litigation and/or settlement, and court costs,
Page 27
arising from any act or omission of Contractor, its officers, employees, agents, suppliers,
or Contractors at any tier, in the performance of any of its obligations under this Contract.
(c) It is understood that the Contractor is an independent contractor, and shall remain in
control of and responsible and liable for the internet services and, further, shall remain at
all times in charge of and responsible and liable for the navigation, operation and
maintenance of the internet services. IRD shall have the right to provide reasonable
instructions to the Contractor and shall provide to the Contractor the schedule of flights
as required.
Article XXVII.
Language and standards
All reports, correspondence, drawings, notices, marking, and other communications shall be in
the English language. The English version of the Contract shall prevail. Unless otherwise
provided in writing all documentation and work shall employ the units of United States Standard
weights and measures.
The Contractor shall ensure that at least one member of the crew is fluent in both spoken and
written English.
Article XXVIII.
(a)
Payments, taxes, and duties
All payments will be made in accordance with Section D of this Contract.
(b) Each payment made shall be subject to reduction to the extent of amounts which are found by
IRD or Contractor not to have been properly payable, and shall also be subject to reduction for
overpayments. Contractor shall promptly notify IRD of any such overpayments found by
Contractor.
(c)
IRD shall have a right of setoff against payments due or at issue under this Contract or
any other contract between the parties.
(d)
Payment shall be deemed to have been made as of the date of mailing IRD's payment or
electronic funds transfer.
(e)
Unless otherwise specified, prices include all applicable federal, state, and local taxes,
duties, tariffs, and similar fees imposed by any government.
(f)
At any time IRD may deduct from any payment(s) all or part of any amount due
Contractor, whether in connection with this Contract or any other agreement(s) between IRD and
Contractor, that IRD determines to be owed to it by the Contractor.
Article XXIX.
Afghanistan Income Taxes
Unless otherwise specified, prices include all applicable federal, state, and local taxes, duties,
tariffs, and similar fees imposed by any government, all of which shall be listed separately on the
invoice.
Page 28
Prices shall not include any taxes, impositions, charges or exactions for which IRD has furnished
a valid exemption certificate or other evidence of exemption.
All taxes, assessments and similar charges levied with respect to or upon any such products or
Work owned by IRD while in Contractor’s possession or control, and for which no exemption is
available, shall be borne by Contractor. In accordance with the provisions of Afghanistan Tax
Law, Article 72, IRD shall withhold the following fixed percentage amounts from each gross
amount of each invoice due to Subcontractor and remit the withheld amount to the Da
Afghanistan Bank to the account of the Medium Tax Office, bank account number #1203043:
For contractors registered with AISA (Afghanistan Investment Support Agency), the fixed
amount of withholding shall be 2% (two percent of the total payment amount)
A copy of registration must be provided to IRD
For non-registered Subcontractors, the fixed amount of withholding shall be 7% (seven percent
of the total payment amount)
All Afghan contractors are required to provide a copy of their signed subcontracts and/or
purchase orders with IRD to the Medium Tax Office upon signing.
Article XXX.
Waivers, approvals, and remedies
(a) Failure by either party to enforce any of the provisions of this Contract or applicable law shall
not constitute a waiver of the requirements of such provisions or law, or as a waiver of the right
of a party thereafter to enforce such provision or law.
(b) IRD's approval of documents shall not relieve Contractor of its obligation to comply with the
requirements of this Contract.
Article XXXI.
Government Contracting
If a federal government contract/agreement number appears on the face of this Contract, then the
Federal Acquisition Regulations (FAR) procurement clauses or Mandatory Standard Provisions
as amended as of the date of this Contract, and listed in Section C, shall apply to this Contract
and prevail insofar as they are inconsistent with any of the provisions set forth above.
Article XXXII.
Contra Proferentem
No rule of construction shall apply in the interpretation of this Contract to the disadvantage of
one Party on the basis that such Party put forward or drafted this Contract or drafted any
provision of this Contract.
Page 29
SECTION C - SUPPLEMENTAL TERMS AND CONDITIONS
FAR 52.225-13 Restrictions on Certain Foreign Purchases (June 2008)
(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of
the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any
supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if
OFAC’s implementing regulations at 31 CFR Chapter V, would prohibit such a transaction by a
person subject to the jurisdiction of the United States.
(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are
prohibited, as are most imports from Burma or North Korea, into the United States or its outlying
areas. Lists of entities and individuals subject to economic sanctions are included in OFAC’s List
of
Specially
Designated
Nationals
and
Blocked
Persons
at
http://www.treas.gov/offices/enforcement/ofac/sdn. More information about these restrictions, as
well as updates, is available in the OFAC’s regulations at 31 CFR Chapter V and/or on OFAC’s
website at http://www.treas.gov/offices/enforcement/ofac.
(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.
FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment (Sept 2006)
(a) The Government suspends or debars Contractors to protect the Government’s interests.
The Contractor shall not enter into any subcontract in excess of $30,000 with a Contractor that is
debarred, suspended, or proposed for debarment unless there is a compelling reason to do so.
(b) The Contractor is required to disclose to IRD, in writing, whether as of the time of award
of this contract, the contractor, or its principals, is or is not debarred, suspended, or proposed for
debarment by the US Federal Government.
FAR 52.222-50 Combating Trafficking in Persons (Feb 2009)
(a) Definitions. As used in this clause—
―Coercion‖ means—
(1) Threats of serious harm to or physical restraint against any person;
(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an
act would result in serious harm to or physical restraint against any person; or
(3) The abuse or threatened abuse of the legal process.
―Commercial sex act‖ means any sex act on account of which anything of value is given to or
received by any person.
―Debt bondage‖ means the status or condition of a debtor arising from a pledge by the debtor of
his or her personal services or of those of a person under his or her control as a security
for debt, if the value of those services as reasonably assessed is not applied toward the
liquidation of the debt or the length and nature of those services are not respectively
limited and defined.
―Employee‖ means an employee of the Contractor directly engaged in the performance of work
under the contract who has other than a minimal impact or involvement in contract
performance.
―Forced Labor‖ means knowingly providing or obtaining the labor or services of a person—
Page 30
(1) By threats of serious harm to, or physical restraint against, that person or another person;
(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the
person did not perform such labor or services, that person or another person would suffer
serious harm or physical restraint; or
(3) By means of the abuse or threatened abuse of law or the legal process.
―Involuntary servitude‖ includes a condition of servitude induced by means of—
(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not
enter into or continue in such conditions, that person or another person would suffer
serious harm or physical restraint; or
(2) The abuse or threatened abuse of the legal process.
―Severe forms of trafficking in persons‖ means—
(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in
which the person induced to perform such act has not attained 18 years of age; or
(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
―Sex trafficking‖ means the recruitment, harboring, transportation, provision, or obtaining of a
person for the purpose of a commercial sex act.
(b) Policy. The United States Government has adopted a zero tolerance policy regarding
trafficking in persons. Contractors and contractor employees shall not—
(1) Engage in severe forms of trafficking in persons during the period of performance of the
contract;
(2) Procure commercial sex acts during the period of performance of the contract; or
(3) Use forced labor in the performance of the contract.
(c) Contractor requirements. The Contractor shall—
(1) Notify its employees of—
(i) The United States Government’s zero tolerance policy described in paragraph (b) of this
clause; and
(ii) The actions that will be taken against employees for violations of this policy. Such actions
may include, but are not limited to, removal from the contract, reduction in benefits, or
termination of employment; and
(2) Take appropriate action, up to and including termination, against employees or
subcontractors that violate the policy in paragraph (b) of this clause.
(d) Notification. The Contractor shall inform the IRD Contracts Manager immediately of—
(1) Any information it receives from any source (including host country law enforcement) that
alleges a Contractor employee, subcontractor, or subcontractor employee has engaged in
conduct that violates this policy; and
(2) Any actions taken against Contractor employees, subcontractors, or subcontractor employees
pursuant to this clause.
(e) Remedies. In addition to other remedies available to the Government, the Contractor’s failure
to comply with the requirements of paragraphs (c), (d), or (f) of this clause may render
Contractor subject to—
(1) Requiring the Contractor to remove a Contractor employee or employees from the
performance of the contract;
(2) Requiring the Contractor to terminate a subcontract;
(3) Suspension of contract payments;
Page 31
(4) Loss of award fee, consistent with the award fee plan, for the performance period in which
the Government determined Contractor non-compliance;
(5) Termination of the contract for default or cause, in accordance with the termination clause of
this contract; or
(6) Suspension or debarment.
(f) Subcontracts. The Contractor shall include the substance of this clause, including this
paragraph (f), in all subcontracts.
(g) Mitigating Factor. The Contracts Manager may consider whether the Contractor had a
Trafficking in Persons awareness program at the time of the violation as a mitigating
factor when determining remedies. Additional information about Trafficking in Persons
and examples of awareness programs can be found at the website for the Department of
State’s Office to Monitor and Combat Trafficking in Persons at
http://www.state.gov/g/tip.
USAID Disability Policy - Acquisition (December 2004)
(a) The objectives of the USAID Disability Policy are (1) to enhance the attainment of United
States foreign assistance program goals by promoting the participation and equalization of
opportunities of individuals with disabilities in USAID policy, country and sector strategies,
activity designs and implementation; (2) to increase awareness of issues of people with
disabilities both within USAID programs and in host countries; (3) to engage other U.S.
government agencies, host country counterparts, governments, implementing organizations and
other donors in fostering a climate of nondiscrimination against people with disabilities; and (4)
to support international advocacy for people with disabilities.
The full text of the policy paper can be found at the following website:
http://www.usaid.gov/about/disability/DISABPOL.FIN.html.
(b) IRD therefore requires that the Contractor not discriminate against people with disabilities in
the implementation of USAID programs and that it make every effort to comply with the
objectives of the USAID Disability Policy in performing this contract. To that end and within the
scope of the contract, the contractor’s actions must demonstrate a comprehensive and consistent
approach for including men, women and children with disabilities.
Gender Issues, Religious And Cultural Considerations
All activities need to take into consideration the traditions, religion, culture and history of
Afghanistan that may be reflected in gender dynamics. Given the insecure and often conservative
areas of PRT operation, the Contractor shall exercise caution with respect to cultural constraints,
which will require innovative strategies to reach women and build upon their potential for
creating greater stability and development. Design, implementation, monitoring and evaluation
should be culturally sensitive, exhibit flexibility, and include gender-disaggregated baseline and
monitoring data.
Based on the location and traditions of anticipated participants, activities may need to be gendersegregated to facilitate participation by women; facility design will need to ensure appropriate
access and privacy for women; and any trips to other villages will need to include
Page 32
accompaniment of some women by a male family member. The inclusion of men as well as
women must be considered in order to maintain both a culturally sensitive and practical balance
in meeting needs of the population, as well as not create resentment or a backlash against
women. The Contractor is required to assure that the perception, attitudes and values of women
in target areas are considered. Specific communication and awareness efforts shall focus on them
to address their needs and any impact on families from women’s participation. The Contractor
shall pay attention to gender-based constraints and issues (e.g. participation in decision-making,
access to and quality of employment, education, health, and other resources) related to
interventions.
Protection Against Sexual Abuse And Exploitation
Consistent with IRD’s policy, the Contractor is obligated to protect the safety and security of
children and displaced persons consistent with the six core principles set forth by the United
Nations pertaining to the protection from sexual exploitation and abuse.
Facilities Used For Religious Activities
Unless otherwise authorized in writing by the Contracts Manager, Contractor shall not use
Contract funds for any work related to facilities of any type where the intended use of such a
facility is for inherently religious activities. In cases where work addressed by this provision is
authorized by the Contracts Manager, such authorization will be limited and explicit.
Communications with USAID and Other Agencies
Contractor is generally directed to refrain from any direct written or oral communications with
USAID, or local agencies relative to this Subcontract. Consistent with this general prohibition,
the IRD Contractual Representative may allow direct written or oral communications through
advance written authorization. Should the Contractor be contacted by USAID, or any local
agency related to the Works under this subcontract for a report, an update, commentary, or any
other purpose, the Contractor shall report the contact or request to the IRD Chief of Part so that
IRD can either respond itself or provide authorization to the Contractor to provide a
response. Contractor shall provide IRD with a copy of any written authorized communications
or if the communications were provided orally, Contractor shall provide IRD with a written
summary of the communications made. Contractor is advised that adherence to this clause is
considered to be a material requirement of this subcontract. IRD reserves the right to direct the
removal Contractor personnel found in violation of this clause and/or terminate the Subcontract
for default if Contractor fails to address such violations in timely manner.
Continuity of Services
(a) Contractor recognizes that the services under this Subcontract are vital to IRD and must be
continued without interruption and that, upon Subcontract expiration, a successor, either by
IRD or another Contractor may continue them. The Contractor agrees to (1) furnish phase-in
training and (2) exercise its best efforts and cooperation to effect an orderly and efficient
transition to a successor.
(b) The Contractor shall, upon IRD’s Contracts Manager written notice, (1) furnish phase-in,
phase-out services for up to 90 days after this Subcontract expires and (2) negotiate in good
Page 33
faith a plan with a successor to determine the nature and extent of phase-in, phase-out
services required. The plan shall specify a training program and a date for transferring
responsibilities for each division of work described in the plan and shall be subject to the
IRD’s Contracts Manager’s approval. The Contractor shall provide sufficient experienced
personnel during phase-in, phase-out period to ensure that the services called for by this
Subcontract are maintained at the required level of proficiency.
(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the
successor maintain the continuity and consistency of the services required by this
Subcontract. The Contractor shall disclose necessary personnel records and allow the
successor to conduct on-site interviews with these employees. If selected employees are
agreeable to the change, the Contractor shall release them at a mutually agreeable date and
negotiate transfer of their earned fringe benefits to the successor if any.
(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e. costs
incurred within the agreed period after the Contract expiration that result from phase-in,
phase-out operations) and a fee (profit) not to exceed a pro-rate portion of the fee (profit)
under this Contract if any.
Conduct
Contractor Personnel shall be expected to perform and conduct themselves with proper decorum.
Each Contractor employee or its subcontractor employee is expected to adhere to standards of
conduct that reflect credit on themselves, their employer, IRD and the United States
Government. IRD requires a favorable image and considers it to be a major asset of a protective
force in particular. The employees or contractor’s attitude, courtesy, and job knowledge are
influential in creating a favorable image.
The use of abusive or offensive language, quarrelling, intimidation by words, actions, or fighting
is considered unacceptable performance under this contract. Participation in disruptive activities
that interfere with normal and efficient IRD operations is also considered unacceptable
performance.
Reporting On Taxation of U. S. Foreign Assistance
(a) Annual Report. The contractor must annually submit a report on or before April 16 for each
foreign country on the amount of foreign taxes charged, as of September 30 of the same year, by
a foreign government on commodity purchase transactions valued at USD500 or more financed
with U.S. foreign assistance funds under this contract during the prior
U.S. fiscal year, and the amount reimbursed by the foreign government. [Reports are required
even if the contractor did not pay any taxes during the reporting period.]
(b) Terms. For purposes of this clause:
(i) "Agreement" includes USAID direct and country contracts, grants, cooperative agreements
and interagency agreements;
(ii) "Commodity" means any material, article, supplies, goods, or equipment;
(iii) "Foreign government" includes any foreign governmental entity;
(iv) "Foreign taxes" means value-added taxes and custom duties assessed by a foreign
government on a commodity. It does not include foreign sales taxes.
Page 34
(c) Where. Submit the reports to: IRD, EQUALS Kabul Office
(d) Contents of Report. The reports must contain:
(i) contractor/grantee name;
(ii) contact name with phone, fax and email;
(iii) agreement number(s) if reporting by agreement(s);
(iv) amount of foreign taxes assessed for each foreign government.
(v) amount of any foreign taxes reimbursed by each foreign government.
(e) Subagreements. The contractor must include this reporting requirement in all applicable
subcontracts, subgrants and other subagreements.
Confidentiality and Ownership of Intellectual Property
All reports generated and data collected during this project shall be considered confidential and
shall not be reproduced, disseminated or discussed in open forum, other than for the purposes of
completing the tasks described in this document, without the express written approval of a dulyauthorized Contract Manager of IRD. All findings, conclusions and recommendations shall be
considered confidential and proprietary.
SPECIAL PROVISION FOR PERFORMANCE IN AFGHANISTAN (JULY 2010)
All Contractor personnel deploying to Afghanistan under USAID agreements or sub agreements
with a performance period over 30 days or valued at more than $100,000 must be accounted for
in the Department of Defense maintained Synchronized Pre-deployment and Operational Tracker
(SPOT)
system.
Information
about
SPOT
is
available
at
http://www.dod.mil/bta/products/spot.html as well as from the Agreement Officer (AO) or
Agreement Officer’s Technical Representative (AOTR). Contractor shall assist IRD in
registering those individuals requiring SPOT-generated Letters of Authorization (LOAs) in
SPOT before deploying any employees or consultants to Afghanistan. If individuals are already
in Afghanistan at the time the Contractor employs them, the Contractor will assist IRD at their
request in entering each individual upon his or her becoming an employee or consultant under
this award. Personnel that do not require LOAs are still required to be accounted for in SPOT for
reporting purposes either individually or via an aggregate tally methodology. The Contractor
must at request of IRD assist in maintaining and keeping current all employee and consultant
data in SPOT.
Certification Regarding Terrorist Financing
By signing and submitting this application, the Contractor provides and is bound by the
certification set out below:
1. Contractor, 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 Contractor to comply with its obligations under paragraph 1:
Page 35
a. Before providing any material support or resources to an individual or entity, Contractor 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 www.epls.gov or (ii) is not included
in any supplementary information concerning prohibited individuals or entities that may be
provided by IRD to Contractor.
b. Before providing any material support or resources to an individual or entity, Contractor also
will verify that the individual or entity has not been designated by the United Nations Security
(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, Contractor 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 Contractor 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. Contractor 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, safe houses,
false documentation or identification, communications equipment, facilities, weapons,
lethal substances, explosives, personnel, transportation, and other physical assets, except
medicine or religious materials.
b. ―Terrorist act‖ means-
i.
ii.
iii.
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
an act of premeditated, politically motivated violence perpetrated against
noncombatant targets by sub-national groups or clandestine agents; or
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.
Page 36
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 Contractor 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. Contractor’s obligations under paragraph 1 are not applicable to the procurement of
goods and/or services by Contractor that are acquired in the ordinary course of business
through contract or purchase, e.g., utilities, rents, office supplies, gasoline, etc., unless
Contractor 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.
Any violation, notified or discovered, of this Certification prior to completion of the
Subcontract Work shall be grounds for voidance of the Contract in its entirety by IRD.
Any violation of this Certification, notified or discovered after any of the Work has been
performed under this Contract shall result in immediate termination of this Contract by
IRD and no payments for any Work performed or goods delivered prior to such
termination shall be made without express written approval of USAID.
Business Name: ________________________________________________________________
____________________________________
Authorized Representative Name (print)
_______________________________________
Authorized Representative Title (print)
____________________________________
Authorized Representative Signature
_______________________________________
Date
Page 37
Certification Regarding Debarment and Suspension
(1) Contractor certifies to the best of its knowledge and belief that it and its principals:
a. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this application 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) transaction or contract under a public transaction; violation of Federal or State
antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1) b. of this certification; and
d. Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
As the authorized certifying official, I hereby certify that the above specified certifications are
true.
Business Name: _________________________________________________________________
____________________________________
Authorized Representative Name (print)
_______________________________________
Authorized Representative Title (print)
____________________________________
Authorized Representative Signature
_______________________________________
Date
Page 38
Certification of Compliance with Laws and The U.S. Foreign Corrupt Practices Act
Contractor shall comply with all laws and regulations in the jurisdictions where it is performing
under this Agreement. Contractor is familiar with applicable anti-corruption, anti-bribery, antikickback, laws and regulations and will not undertake any actions that may violate these laws
and regulations. Contractor is familiar with the U.S. Foreign Corrupt Practices Act (the
―FCPA‖), its prohibitions and purposes, and will not undertake any actions that may violate the
FCPA.
Accordingly, Contractor hereby agrees that:
1. Contractor will not employ a person who is a governmental official or employee, including
employees of government owned or government controlled corporations, agencies or bodies.
2. Contractor will not, directly or indirectly, make any payment, offer or promise to make any
payment or transfer of anything of value to a governmental official or employee, or to any
political party or any candidate for political office, with the purpose of influencing decisions
favorable to the Contractor and its business in contravention of the FCPA or other applicable
laws.
3. Contractor will immediately advise IRD in writing in the event that any person employed by
or associated with Contractor becomes such government official, political party official or
candidate.
4. Contractor shall maintain true and accurate records necessary to demonstrate compliance with
the Agreement (including the requirements of this Certification), and shall provide to IRD
evidence of such compliance upon simple request.
5. Contractor shall provide IRD or its representatives, with access to financial records and
supporting documentation to demonstrate the existence of normal and anticipated payment
patterns and financial arrangements as well as transparency in expenses and accounting records
related to transactions arising out of this Application.
6. Contractor understands that if it fails to comply with any of the provisions of this Certification
(irrespective of the size, nature or materiality of such violation), such failure shall be deemed to
be a material breach of any resulting Agreement and, upon any such failure, IRD shall have the
right to terminate any Agreement with immediate effect upon written notice to Contractor,
without penalty or liability of any nature whatsoever.
Business Name: _____________________________________
____________________________________
Authorized Representative Name (print)
_______________________________________
Authorized Representative Title (print)
____________________________________
Authorized Representative Signature
_______________________________________
Date
Page 39
SECTION D – PAYMENT SCHEDULE AND INSTRUCTIONS FOR INVOICING
Payment Schedule
Payment will be made within thirty days of invoicing in accordance with the Article III
Compensation. Invoicing for internet services will be within ten (10) days of last day of the
month.
A proper invoice must contain the following information:
A proper invoice must contain the following information:
(1)
(2)
(3)
(4)
Name and complete address of Contractor;
Date of invoice;
Description of services/products being billed.
Name and complete address of Contractor official to notify if the invoice is found to be
defective.
(5) The Contractor shall submit the monthly invoice via email to the below address:
[email protected]
or submit one (1) original invoice to the following:
Procurement Management Unit
Engineering, Quality Assurance & Logistical Support (EQUALS)
Dreshak Hotel Services (The Baron) Camp KAIA Khwaja Rawash Kabul, Afghanistan
(6) Final Invoice
Within 60 days of the termination of this Contract, the Contractor shall submit a final invoice or
voucher for works completed after the completion of all services delivered under this Contract.
Page 40
(7) Final Release
Upon payment of the final Contract invoice, both parties shall jointly sign a release mutually
discharging the other, its officers, employees, and agents from all liabilities, obligations, and
claims arising out of or related to this Contract, subject only to specified claims in stated
amounts.
(8) Rejection of invoices. Invoices submitted without Contract number (found on the signature
page of the Contract) stated on the invoice will not be accepted and will be returned to
Contractor.
(9) Deduction for monies owed. Contractor hereby authorizes IRD to deduct from any moneys
payable to Contractor (whether or not arising out of this Contract) all amounts which may be
payable by Contractor to IRD, and also all amounts for which IRD may become liable to
third parties by reason of Contractor’s acts in performing or failing to perform Contractor’s
obligations under this Contract. In the event that any claim is made by a third party, the
amount or validity of which is disputed by Contractor, or any indebtedness shall exist which
shall appear to be the basis for a claim of lien, IRD may withhold from any payment due,
without liability for interest because of such withholding, an amount sufficient to cover such
claim. The failure of IRD to exercise such right to deduct or to withhold shall not in any way
affect the obligation of Contractor to protect IRD as elsewhere provided herein.
(10) Extra Charges. Except as otherwise provided in this Contract, no payment for extras shall
be made unless such extras have been authorized in writing
(11) Overpayment Notification. Should IRD make a payment which exceeds any elements
(milestone billing amount) or ceiling amount of this Contract, Contractor shall notify IRD of
that fact within 15 days of receiving the overpayment.
Page 41
APPENDIX D
PARTNER VETTING INFORMATION
See next page:
Page 42
Appendix B: USAID Information Form
Page 43
Part I: Information About Proposed Activities (all parts mandatory)
1. Name of the proposed awardee of USAID contract or assistance (Firms must include a copy of applicable, currently valid licenses to
do business in Afghanistan) IRD-EQUALS
2. Type of proposed award or other assistance (check one):
Contract or Subcontract
Grant or Subgrant
Training
Equipment
Other
3. US$ amount and estimated start/end date of proposed award or assistance:
Dollar amount: $ 00.00 Cumulative Value
Start:
End:
4. Purpose of proposed award or assistance: Internet Services
5. Organization proposed to receive award or other assistance:
a. Name:
b. Address (include village/town/city, state/county/province, and country):
c. Telephone: +93(0)
d. Fax:
e. Email:
6.
Information on Key Individuals associated with the organization named in 5 above who are not U.S. citizens or permanent legal
residents, or, if no organization is listed, information on each individual to receive cash or in-kind assistance (including technical
assistance). Use continuation sheets as necessary.
** = mandatory information.
A. Name (As in passport or other government-issued photo ID):**
(add President Information)
Place of birth**
Date of birth:**
House#**
Street# **
(dd,mm,yyyy)
City**
Village#** District#**
Province**
Afghanistan
Other names used (may include nicknames, pseudonyms not listed
under ―Name‖):**
Nil
Current employer and job title:
Address of residence**
House#**
Street# **
City**
Village#**
District#**
Province**
Afghanistan
Email:
Phone:
Government-issued photo ID number, type of ID and country of
issuance:**
Title in organization (Example: President/Vice
President/CFO):President
Gender:**
Occupation:
Citizenship(s):** (Afghans: Tribal Affiliations, Father’s Name
and Grandfather’s Name)
Afghan
Father Name:
Grand Father Name:
Is the individual a U.S. citizen or legal permanent resident?**
Yes
No
Part II: Contractor/Grantee/Recipient Certification: (to be completed by Prime Awardee chief of party, program director or their
designee)
Potential Awardee 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:
Signature:
Title/Organization:
Date:
Part III: Submission details (to be completed by USG vetting official)
Vetting request number
Staff member who initiated request
Project name
Date submitted for screening
Page 44
USAID 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):**
(add Vice President Information)
Place of birth**
House#**
Street# **
City**
Village#**
District#**
Province**
Afghanistan
Date of birth:**
(dd,mm,yyyy)
Other names used (may include nicknames, pseudonyms not listed
under ―Name‖):**
Current employer and job title:
Address of residence**
House#**
Street# **
City**
Village#**
Province**
Afghanistan
Government-issued photo ID number, type of ID and country of
issuance:**
Title in organization (Example: President/Vice President/CFO):
Gender:**
Occupation:
Citizenship(s):** (Afghans: Tribal Affiliations, Father’s Name
and Grandfather’s Name)
District#**
Afghan
Father Name:
Grand Father Name:
Is the individual a U.S. citizen or legal permanent resident?**
Yes
No
Email:
Phone: +93(0)
C. Name (As in passport or other government-issued photo ID):**
(add Finance Manager Information)
Place of birth**
Date of birth:**
House#**
Street# **
(dd,mm,yyyy)
City**
Village#**
District#**
Province**
Afghanistan
Other names used (may include nicknames, pseudonyms not listed
under ―Name‖):**
Nil
Government-issued photo ID number, type of ID and country of
issuance:**
Current employer and job title:
Occupation:
Title in organization (Example: President/Vice President/CFO):
Gender:**
Citizenship(s):** (Afghans: Tribal Affiliations, Father’s Name
and Grandfather’s Name)
Address of residence**
House#**
Street# **
City**
Village#**
District#**
Province**
Afghanistan
Afghan
Father Name:
Grand Father Name:
Is the individual a U.S. citizen or legal permanent resident?**
Yes
No
Email:
Phone: +93(0)
D. Name (As in passport or other government-issued photo ID):**
(add Sales & Marketing Manager Information)
Place of birth**
Date of birth:**
House#**
Street# **
(dd,mm,yyyy)
City**
Village#**
District#**
Province**
Afghanistan
Other names used (may include nicknames, pseudonyms not listed
under ―Name‖):**
Nil
Current employer and job title:
Government-issued photo ID number, type of ID and country of
issuance:**
Title in organization (Example: President/Vice President/CFO):
Gender:**
Occupation:
Page 45
Citizenship(s):** (Afghans: Tribal Affiliations, Father’s Name
and Grandfather’s Name)
Address of residence**
House#**
Street# **
City**
Village#**
District#**
Province**
Afghanistan
Afghan
Father Name:
Grand Father Name:
Is the individual a U.S. citizen or legal permanent resident?**
Yes
No
Email:
Phone: +93(0)
E. Name (As in passport or other government-issued photo ID):**
(add Admin Manager Information)
Place of birth**
Date of birth:**
House#**
Street# **
(dd,mm,yyyy)
City**
Village#**
District#**
Province**
Afghanistan
Other names used (may include nicknames, pseudonyms not listed
under ―Name‖):**
Current employer and job title:
Government-issued photo ID number, type of ID and country of
issuance:**
Title in organization (Example: President/Vice President/CFO):
Gender:**
Occupation:
Citizenship(s):** (Afghans: Tribal Affiliations, Father’s Name
and Grandfather’s Name)
Address of residence**
House#**
Street# **
City**
Village#**
District#**
Province**
Afghanistan
Afghan
Father Name:
Grand Father Name:
Email:
Phone: +93(0)
Is the individual a U.S. citizen or legal permanent resident?**
Yes
No
F. Name (As in passport or other government-issued photo ID):**
(add Technical Manager Information)
Place of birth**
Date of birth:**
House#**
Street# **
(dd,mm,yyyy)
City**
Village#**
District#**
Province**
Afghanistan
Other names used (may include nicknames, pseudonyms not listed
under ―Name‖):**
Government-issued photo ID number, type of ID and country of
issuance:**
Current employer and job title:
Address of residence**
House#**
Street# **
City**
Village#**
District#**
Province**
Afghanistan
Email:
Phone: +93(0)
Title in organization (Example: President/Vice President/CFO):
Gender:**
Occupation:
Citizenship(s):** (Afghans: Tribal Affiliations, Father’s Name
and Grandfather’s Name)
Afghan
Father Name:
Grand Father Name:
Is the individual a U.S. citizen or legal permanent resident?**
Yes
No
Page 46
INFORMATION FORM INSTRUCTIONS
Please provide information for key individuals of all organizations receiving funds from USAID, including grantees, subgrantees, contractors, and vendors, who work in Afghanistan.
Part I
Question 1 – Self-explanatory
Question 2- Indicate the proposed type of mechanism to be utilized by placing a check mark on the line in front of the appropriate term
Question 3 – Enter the amount of award or assistance (or sub-award) in U.S. dollars and indicate the start and end date of the award (or
sub-award) 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-i – Self-explanatory.
Attach a copy of the relevant, currently valid Afghan business license.
Question 6 - A ―Key Individual‖ means (i) Any person who exercises effective control of the organization; (ii) a principal officer of the
organization's governing body (e.g., chairman, vice chairman, treasurer or secretary of the board of directors or board of trustees); (iii)
the principal officer and deputy principal officer of the organization (e.g., executive director, deputy director president or vice
president); (iv) the program manager or chief of party for the USAID-financed program; (v) any person receiving significant
commissions (defined as a sum, either fixed or a set percentage of the value involved, paid to an agent or person acting in a similar role
in the activity involved) or similar earnings from the Award in an amount exceeding $25,000; and (vi) any other person with significant
responsibilities for administration of USAID-financed activities or resources (while a comprehensive list is not possible, this would
include any person acting in a role substantially similar to those outlined in (i)-(v). For Private Security Services, this would include
leadership roles down to the level of field commanders). Complete for each of these six categories or indicate ―N/A‖ if a category does
not apply. Use additional pages as needed. Only Key Individuals who are not U.S. citizens or permanent legal residents need to be
submitted. Attach copies of photo ID for each non-U.S. ―Key Individual‖. In addition, for all non-U.S. Key Individuals in possession of
passports, passport copies must be attached.
Note: If a ―Key Individual‖ is a U.S. citizen or permanent legal resident, proof of citizenship or residency must be attached.
Part II
The representative of the prime Awardee (chief of party, program director or their designee) must fill out the form, read the certification
and print their name where indicated, sign where indicated, print their title and the name of their organization where indicated, and print
the date where indicated.
Part III
This section will be completed by the USG vetting official.
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APPENDIX E
Subcontract Disclosure Form
Subcontractor:
Yes No
Origen of Corporation
If yes, Subcontractor Name:
_______________________________________
_______________________________________
U.S. based subcontractors
Non U.S. based subcontractors
IS THIS FOR
Goods
Services
Tax Identity Number: ___________________
Both
DUNS Number: ___________________
AISA license No: __________________ License Expiry Date: ____________________
Is this subcontractor vetted by USAID:
Yes
No, If yes a copy of Eligibility Notice.
Full Address: ___________________________________________________________
___________________________________________________________
Phone No:
_____________________ Email Add: ____________________________
Vendor Signature & Stamp: _______________________________________________
Name: __________________________________ Title: _______________________
Date: ______________________
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