Request for Quotations (RFQ)
Request for Quotations (RFQ) RFQ Number: FAIDA -14-53 Issuance Date: October 15, 2014 Deadline for Offers: October 21, 2014 Description: E-top up Service For: Chemonics / FAIDA Funded By: United States Agency for International Development (USAID), Contract No. 306-C-00-11-00531-00 Implemented By: Chemonics International Inc. Point of Contact: Abdul Shukoor Hadi - Procurement Coordinator, [email protected] ***** ETHICAL AND BUSINESS CONDUCT REQUIREMENTS ***** Chemonics is committed to integrity in procurement, and only selects suppliers based on objective business criteria such as price and technical merit. Chemonics expects suppliers to comply with our Standards of Business Conduct, available at http://www.chemonics.com/OurStory/OurMissionAndValues/Pages/default.aspx. Chemonics does not tolerate fraud, collusion among offerors, falsified proposals/bids, bribery, or kickbacks. Any firm or individual violating these standards will be disqualified from this procurement, barred from future procurement opportunities, and may be reported to both USAID and the Office of the Inspector General. Employees and agents of Chemonics are strictly prohibited from asking for or accepting any money, fee, commission, credit, gift, gratuity, object of value or compensation from current or potential vendors or suppliers in exchange for or as a reward for business. Employees and agents engaging in this conduct are subject to termination and will be reported to USAID and the Office of the Inspector General. In addition, Chemonics will inform USAID and the Office of the Inspector General of any supplier offers of money, fee, commission, credit, gift, gratuity, object of value or compensation to obtain business. Offerors responding to this RFQ must include the following as part of the proposal submission: Disclose any close, familial, or financial relationships with Chemonics or project staff. For example, if an offeror’s cousin is employed by the project, the offeror must state this. Disclose any family or financial relationship with other offerors submitting proposals. For example, if the offeror’s father owns a company that is submitting another proposal, the offeror must state this. Certify that the prices in the offer have been arrived at independently, without any consultation, communication, or agreement with any other offeror or competitor for the purpose of restricting competition. Certify that all information in the proposal and all supporting documentation are authentic and accurate. Certify understanding and agreement to Chemonics’ prohibitions against fraud, bribery and kickbacks. Please contact [email protected] with any questions or concerns regarding the above information or to report any potential violations. Potential violations may also be reported directly to Chemonics at to [email protected] or by phone/Skype at 888.955.6881. Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 Section 1: Instructions to Offerors 1. Introduction: The FAIDA Project is a USAID program implemented by Chemonics International in Afghanistan. The goal of the FAIDA is to assists the Government of the Islamic Republic of Afghanistan and the private sector in developing the financial sector. FAIDA helps USAID’s Afghan partners in building capacity to deliver finance where it can be used most effectively, and in developing a legal framework and market infrastructure in which financial sector institutions and their business partners create value that provides growth and employment opportunities for all Afghans. FAIDA also directly assists Afghan women entrepreneurs providing specially targeted business development, training, and mobile money activities. As part of project activities. In order to fulfill communication needs, FAIDA is looking for potential bidders who can provide E-top up service for AWCC, MTN, Etisalat and Roshan networks. The purpose of this RFQ is to solicit quotations for the mentioned service. Offerors are responsible for ensuring that their offers are received by Chemonics in accordance with the instructions, terms, and conditions described in this RFQ. Failure to adhere with instructions described in this RFQ may lead to disqualification of an offer from consideration. 2. Offer Deadline and Protocol: Offers must be received no later than 4:30pm local Kabul time on October 21, 2014 by email or by hard copy delivery to the FAIDA office. Any emailed offers must be emailed to [email protected], Any hard copy deliveries must be stamped and signed by the offeror’s authorized representative and delivered to the FAIDA Office located at the Baron, Hawa Shenasi Road, Khawja Rawash, Kabul, Afghanistan. Please reference the RFQ number in any response to this RFQ. Offers received after the specified time and date will be considered late and will be considered only at the discretion of Chemonics. 3. Questions: Questions regarding the technical or administrative requirements of this RFQ may be submitted no later than 4:30pm local Kabul time on October 18, 2014 by email to [email protected]. Questions must be submitted in writing; phone calls will not be accepted. Questions and requests for clarification—and the responses thereto—that Chemonics believes may be of interest to other offerors will be circulated to all RFQ recipients who have indicated an interest in bidding. Only the written answers issued by Chemonics will be considered official and carry weight in the RFQ process and subsequent evaluation. Any verbal information received from employees of Chemonics or any other entity should not be considered as an official response to any questions regarding this RFQ. 4. Specifications: Section 3 contains the technical specifications of the required items. Please note that, unless otherwise indicated, stated brand names or models are for illustrative description only. An equivalent substitute, as determined by the specifications, is acceptable. 5. Quotations: Quotations in response to this RFQ must be priced on a fixed-price, all-inclusive basis, including delivery and all other costs. Pricing must be presented in Afghani. Offers must remain valid for not less than thirty (30) calendar days after the offer deadline. Offerors are requested to provide quotations on official letterhead or format; in the event this is not possible, offerors may complete the table in Section 3. RFQ No. FAIDA-14-53 E-top up Page 2 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 In addition, offerors responding to this RFQ are requested to submit the following: Organizations responding to this RFQ are requested to submit a copy of their official registration or business license. Individuals responding to this RFQ are requested to submit a copy of their identification card. 6. Delivery: The delivery location for the items described in this RFQ is the Baron Hotels. As part of its response to this RFQ, each offeror is expected to provide an estimate (in calendar days) of the delivery timeframe (after receipt of order). The delivery estimate presented in an offer in response to this RFQ must be upheld in the performance of any resulting contract. 7. Source/Nationality/Manufacture: All goods and services offered in response to this RFQ or supplied under any resulting award must meet USAID Geographic Code 935 in accordance with the United States Code of Federal Regulations (CFR), 22 CFR §228. The cooperating country for this RFQ is Afghanistan. Offerors may not offer or supply any commodities or services that are manufactured or assembled in, shipped from, transported through, or otherwise involving any of the following countries: Burma (Myanmar), Cuba, Iran, North Korea, (North) Sudan, Syria. 8. Warranty: If applicable, warranty service and repair within the cooperating country is required for all commodities under this RFQ. The warranty coverage must be valid on all commodities for a minimum of twelve (12) months after delivery and acceptance of the commodities, unless otherwise specified in the technical specifications. 9. Taxes and VAT: A 2% BRT tax will be deducted from total payment of purchase order against the RFQ, vendor is required to provide copy of valid business along with TIN (Tax Identification Number) and bank account information by the name of company if vendor fails to provide mentioned documents, 7% tax will be deducted, The FAIDA Project is exempt from cooperating country duties. 10. Eligibility: By submitting an offer in response to this RFQ, the offeror certifies that it and its principal officers are not debarred, suspended, or otherwise considered ineligible for an award by the U.S. Government. Chemonics will not award a contract to any firm that is debarred, suspended, or considered to be ineligible by the U.S. Government. 11. Evaluation and Award: The award will be made to a responsible offeror whose offer follows the RFQ instructions, meets the eligibility requirements, and Evaluation approach for this RFQ is lowest-priced, technically-acceptable (LPTA) offer which meets or exceeds the minimum required technical specifications, and is judged to be the best value based on a lowest-price, technically-acceptable basis. Criteria Service Background and Capacity Price Total Percent 40% 20% 40% 100% RFQ No. FAIDA-14-53 E-top up Page 3 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 Please note that if there are significant deficiencies regarding responsiveness to the requirements of this RFQ, an offer may be deemed “non-responsive” and thereby disqualified from consideration. Chemonics reserves the right to waive immaterial deficiencies at its discretion. Best-offer quotations are requested. It is anticipated that award will be made solely on the basis of these original quotations. However, Chemonics reserves the right to conduct any of the following: Chemonics may conduct negotiations with and/or request clarifications from any offeror prior to award. While preference will be given to offerors who can address the full technical requirements of this RFQ, Chemonics may issue a partial award or split the award among various suppliers, if in the best interest of the FAIDA Project. Chemonics may cancel this RFQ at any time. Please note that in submitting a response to this RFQ, the offeror understands that USAID is not a party to this solicitation and the offeror agrees that any protest hereunder must be presented—in writing with full explanations—to the FAIDA Project for consideration, as USAID will not consider protests regarding procurements carried out by implementing partners. Chemonics, at its sole discretion, will make a final decision on the protest for this procurement. 12. Terms and Conditions: This is a Request for Quotations only. Issuance of this RFQ does not in any way obligate Chemonics, the FAIDA Project, or USAID to make an award or pay for costs incurred by potential offerors in the preparation and submission of an offer. This solicitation is subject to Chemonics’ standard terms and conditions. Any resultant award will be governed by these terms and conditions; a copy of the full terms and conditions is available upon request. Please note the following terms and conditions will apply: (a) Chemonics’ standard payment terms are net 30 days after receipt and acceptance of any commodities or deliverables. Payment will only be issued to the entity submitting the offer in response to this RFQ and identified in the resulting award; payment will not be issued to a third party. (b) Any award resulting from this RFQ will be firm fixed price, in the form of a purchase order. (c) No commodities or services may be supplied that are manufactured or assembled in, shipped from, transported through, or otherwise involving any of the following countries: Burma (Myanmar), Cuba, Iran, North Korea, (North) Sudan, Syria. (d) Any international air or ocean transportation or shipping carried out under any award resulting from this RFQ must take place on U.S.-flag carriers/vessels. (e) United States law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. The supplier under any award resulting from this RFQ must ensure compliance with these laws. (f) The title to any goods supplied under any award resulting from this RFQ shall pass to Chemonics following delivery and acceptance of the goods by Chemonics. Risk of loss, injury, or destruction of the goods shall be borne by the offeror until title passes to Chemonics. RFQ No. FAIDA-14-53 E-top up Page 4 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 Section 2: Offer Checklist To assist offerors in preparation of proposals, the following checklist summarizes the documentation to include an offer in response to this RFQ: □ Cover letter, signed by an authorized representative of the offeror (see Section 4 for template) □ Official quotation, including specifications of offered equipment (see Section 3 for example format) □ Copy of offeror’s registration or business license (see Section 1.5 for more details) RFQ No. FAIDA-14-53 E-top up Page 5 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 Section 3: Specifications and Technical Requirements The table below contains the technical requirements of the commodities/services. Offerors are requested to provide quotations containing the information below on official letterhead or official quotation format. In the event this is not possible, offerors may complete this Section 3 and submit a signed/stamped version to Chemonics. Line Item 1 Description and Specifications E-top up solution to provide following services: Establish user account to accumulate the purchased e-top up credit. User Account must be accessible and manageable through computer and smart phone application User to be able to transfer top up credit to desired numbers of AWCC, Roshan, MTN and Etisalat. System to be able to generate report of transferred e-top up credit and remaining balance. Qty Items and Specifications Offered Unit Price AFA Total Price AFA 1 Subtotal: Other Costs (Describe:______________________) : GRAND TOTAL AFA: Please quote considering the fact that FAIDA utilizes mobile phone top up card worth approximately AFA 200,000, per month. Delivery time (after receipt of order): Length of warranty on offered equipment: calendar days years Location of service center(s) for after-sales service, including warranty repair: RFQ No. FAIDA-14-53 E-top up Page 6 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 Section 4: Offer Cover Letter The following cover letter must be placed on letterhead and completed/signed/stamped by a representative authorized to sign on behalf of the offeror: To: FAIDA The Baron Hotel, Hawa Shenasi Road, Khawja Rawash, Kabul, Afghanistan. Reference: RFQ no. FAIDA-14-53 To Whom It May Concern: We, the undersigned, hereby provide the attached offer to perform all work required to complete the activities and requirements as described in the above-referenced RFQ. Please find our offer attached. We hereby acknowledge and agree to all terms, conditions, special provisions, and instructions included in the above-referenced RFQ. We further certify that the below-named firm—as well as the firm’s principal officers and all commodities and services offered in response to this RFQ—are eligible to participate in this procurement under the terms of this solicitation and under USAID regulations. Furthermore, we hereby certify that, to the best of our knowledge and belief: We have no close, familial, or financial relationships with any Chemonics or FAIDA project staff members; We have no close, familial, or financial relationships with any other offerors submitting proposals in response to the above-referenced RFQ; and The prices in our offer have been arrived at independently, without any consultation, communication, or agreement with any other offeror or competitor for the purpose of restricting competition. All information in our proposal and all supporting documentation is authentic and accurate. We understand and agree to Chemonics’ prohibitions against fraud, bribery, and kickbacks. We hereby certify that the enclosed representations, certifications, and other statements are accurate, current, and complete. Authorized Signature: Name and Title of Signatory: Date: Company Name: Company Address: Company Telephone and Website: Company Registration or Taxpayer ID Number: Does the company have an active bank account (Yes/No)? Official name associated with bank account (for payment): LETTER OF TRANSMITTAL RFQ No. FAIDA-14-53 E-top up Page 7 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 The following letter must be completed and submitted with any offer: Date: (insert date) To: Chemonics Afghanistan Limited Management And Implementation Services FAIDA Project Kabul, Afghanistan RE: Letter of Transmittal, RFQ No._______________ Having examined the Purchase Order Terms and Conditions, Scope of Work, Technical Specifications, Drawings, and Bill of Quantities for the execution of the work, {insert Company Name} offers to execute, complete, and maintain the whole of the said work in conformity with the Subcontract, Scope of Work, Specifications, Drawings, and Bill of Quantities. Please find attached our detailed Technical Proposal (including technical approach, past performance information, construction schedule, and required certifications) and Financial Proposal (including required bills of quantity, price schedules, and required certifications), as called for in the RFQ. We hereby acknowledge and agree to all of the terms and conditions, special provisions, and instructions included in the above referenced RFQ----------------------------. We further certify that {insert Company Name}, as a firm—as well as the firm’s principal officers and all commodities and services offered in response to this RFQ-----------------------are eligible to participate in this procurement under the terms and conditions of this solicitation and under USAID regulations. We agree to abide by this Proposal for the period of 90 days from the submission date specified in the RFQ and it shall remain binding upon us and may be accepted at any time before the expiration of that period. We understand that Chemonics is not bound to accept the lowest or any bid you may receive. We hereby certify that the enclosed representations, certifications, and other statements are accurate, current, and complete. _______________________________ Company Name ___________________________________ Name and title of authorized representative ___________________________________ Signature ___________________________________ Date RFQ No. FAIDA-14-53 E-top up Page 8 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 CERTIFICATION OF COMPLIANCE, PER FAR 52.223-13 (AUG 2003) The {Company Name} (hereinafter called the "offeror") The offeror hereby certifies the following: 1. Authorized Negotiators The Company Name proposal in response to RFQ------------------- may be discussed with any of the following individuals. These individuals are authorized to represent Company Name in negotiation of this offer in response to RFQ-------------------------List Names of Authorized signatories These individuals can be reached at Company Name office: Address Telephone/Fax Email address 2. Adequate Financial Resources {Company Name} has adequate financial resources to manage any subcontract resulting from this offer. 3. Ability to Comply {Company Name} is able to comply with the proposed delivery of performance schedule having taken into consideration all existing business commitments, commercial as well as governmental. 4. Record of Performance, Integrity, and Business Ethics {Company Name} record of integrity is outstanding. {Company Name} has no allegations of lack of integrity or of questionable business ethics. Our integrity can be confirmed by our references in our Past Performance References, contained in the Technical Proposal. 5. Organization, Experience, Accounting and Operational Controls, and Technical Skills (Offeror should explain which department will be managing the contract, type of accounting and control procedure they have to accommodate the subcontract type.) 6. Equipment and Facilities (Offeror should state they have necessary facilities and equipment to carry out the subcontract.) RFQ No. FAIDA-14-53 E-top up Page 9 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 7. Eligibility to Receive Award (Offeror should state that they are qualified and eligible to receive an award under applicable laws and regulation and if they have performed work of similar nature under similar mechanisms for USAID.) 8. Commodity Procurement (Offeror should state that the source and origin of all the commodities that will be purchased under this subcontract. The offeror should also state the local availability of all commodities to be purchased, and the estimated time required to purchase the items and transport them to the work site. 9. Cognizant Government Audit Agency (Offeror should provide name, address, phone of their auditors, and whether it is DCAA or independent CPA, if applicable) 10. Acceptability of Subcontract Terms and Conditions The offeror has reviewed the solicitation document and attachments and agrees to the terms and conditions set forth therein. ___________________________________ Company Name ___________________________________ Name and title of authorized representative ___________________________________ Signature ___________________________________ Date RFQ No. FAIDA-14-53 E-top up Page 10 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 PROHIBITION ON ASSISTANCE TO DRUG TRAFFICKING PARTICIPANT CERTIFICATION (Section 487 of the Foreign Assistance Act/ADS 206). Certifies that key individuals of subcontractor are not or have not been involved in drug trafficking. Requirement for certification applies to subcontractors in covered countries (identified annually by the President of the United States as major, illicit, drugproducing or drug-transit countries) and in principle is not required from most subcontractors except for: (1) intermediate credit institutions (entity receiving USAID funds for the purpose lending to third parties) and; (2) subcontractors specifically designated by USAID to receive or provide more than $100,000 in covered assistance. Designation means that subcontractor has been unilaterally selected by USAID as the subcontractor. USAID approval of a subcontractor, selected by another party, or joint selection by USAID and another party is not designation. To assess if this certification is required, check prime contract terms and conditions. KEY INDIVIDUAL CERTIFICATION NARCOTICS OFFENSES AND DRUG TRAFFICKING I hereby certify that within the last ten years: 1. I have not been convicted of a violation of, or a conspiracy to violate, any law or regulation of the United States or any country concerning narcotic or psychotropic drugs or other controlled substances. 2. I am not and have not been an illicit trafficker in any such drug or controlled substance. 3. I am not and have not been a knowing assistor, abettor, conspirator, or colluder with others in the illicit trafficking in any such drug or substance. Signature: __________________________________ Date: __________________ Name:_____________________________________________ Title/Position:________________________________________ Organization: ______________________________________ Address:____________________________________________ Date of Birth:________________________________________ NOTICE: 1. You are required to sign this Certification under the provisions of 22 CFR Part 140, Prohibition on Assistance to Drug Traffickers. These regulations were issued by the Department of State and require that certain key individuals of organizations must sign this Certification. 2. If you make a false Certification you are subject to U.S. criminal prosecution under 18 U.S.C. 1001. RFQ No. FAIDA-14-53 E-top up Page 11 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 CERTIFICATION OF NON-CONSENT TO SUBCONTRACT {insert Company name} (hereinafter called the "Subcontractor") The Subcontractor hereby certifies the following: The {insert Company name} implementing FAIDA Project RFQ Number RFQ--------------------- hereby acknowledges that {insert Company name} is not authorized to subcontract out any portion or component of this activity to another subcontractor. ___________________________________ Company Name ___________________________________ Name and title of authorized representative ___________________________________ Signature ___________________________________ Date RFQ No. FAIDA-14-53 E-top up Page 12 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 CERTIFICATION OF LABOR DOCUMENTATION REQUIREMENT (hereinafter called the "offeror") The offeror hereby certifies the following: 1. Labor Documentation Requirement The {Company Name} proposal in response to RFQ------------------------- hereby acknowledges that {Company Name} shall hire local laborers for this activity, and that these laborers shall be paid the rate of Afs 250 per day or work. The {Company Name} further certifies that {Company Name} shall furnish copies of laborer timesheets and pay slips, in accordance with the Chemonics labor documentation requirements as specified in RFQ----------------- clauses 2.1.8 and 2.1.9. All contractor invoices shall be accompanied by complete cash for work laborers attendance and payment sheet for all unskilled laborers, and timesheets and pay slips for all skilled laborers and site supervisors employed under this contract. ___________________________________ Company Name ___________________________________ Name and title of authorized representative ___________________________________ Signature ___________________________________ Date RFQ No. FAIDA-14-53 E-top up Page 13 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 10.1.6 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION, PER FAR 52.203-2 (APR 1985) (insert name of company) (hereinafter called the "offeror") (a) The offeror certifies that— (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to— (i) Those prices; (ii) The intention to submit an offer; or (iii) The methods or factors used to calculate the prices offered. (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory— (1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization]; (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision. (c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. (insert name of company) (Offeror) BY (Signature) ___________________ TITLE _____________________ TYPED NAME ____________________ DATE _____________________ RFQ No. FAIDA-14-53 E-top up Page 14 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 10.1.7 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS, PER FAR 52.203-11 (SEP 2005) (insert name of company) (hereinafter called the "offeror") (a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.20312). (b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference in this provision. (b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989— (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of this subcontract; (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Chemonics Chief of Party; and (3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this subcontract imposed by section 1352, Title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. (insert name of company) (Offeror) BY (Signature) ___________________ TITLE _____________________ TYPED NAME ____________________ DATE _____________________ RFQ No. FAIDA-13-42 Page 15 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 10.1.8_CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT AND OTHER RESPONSIBILITY MATTERS _______ (a)(1) The Offeror certifies, to the best of its knowledge and belief, that (i) The Offeror and/or any of its Principals (A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [ ] have not [ ], within a 3-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property; and (C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision. (ii) The Offeror has [ ] has not [ ], within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non responsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly RFQ No. FAIDA-13-42 Page 16 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. Name: ____________________________ Signature: Title: Date: ____________________________ _____________________ _______________________ RFQ No. FAIDA-13-42 Page 17 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 10.1.9 ANTI-TERRORISM CERTIFICATION, PER MOD201.04 (MAY 2011) By signing and submitting this application, the prospective recipient provides the certification set out below: 1. The Recipient, to the best of its current knowledge, did not proive, 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 participaes in terrorist acts, or has committed, attempted to commit, facilitated, or participated in terrorist acts, as that term is defined in paragraph 3. 2. The following steps may enable the Recipient to comply with its obligations under paragraph 1: a. Before providing any material support or resources to an individual or entity, the Recipient will verify that the individual or entity does not (i) appear on the master list of Specially Designated Nationals and Blocked Persons, which list is maintained by the U.S. Treasury’s Office of Foreign Assets Control (OFAC) and is available online at OFAC’s website: http://www.treas.gov/offices/eotffc/ofac/sdn/t11sdn.pdf, or (ii) is not included in any supplementary information concerning prohibited individuals or entitites that may be provided by USAID to the Recipient. b. Before providing any material support or resources to an individual or entity, the Recipient also will verify that the individual or entity has not been designed 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, the Recipient should refer to the consolidated list available online at the Committee’s website: http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm. c. Before providing any material support or resources to an individual or entity, the Recipient will consider all information about that individual or entity of which it is aware and all public information that is reasonably available to it or of which it should be aware. d. The Recipient also will implement reasonable monitoring and oversight procedures to safeguard against assistance being diverted to support terrorist activity. 3. For the purposes of this Certification. a. “Material support and resources” means currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.” b. “Terrorist act” means – i. An act prohibited pursuant to one of the 12 United Nations Conventions and Protocols related to terrorism (see UN terrorism conventions Internet site: http://untreaty.un.org/English/Terrorism.asp); or ii. An act of premeditated, politically motivated violence perpetrated against noncombatant targets by sub-national groups or clandestine agents; or iii. Any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do RFQ No. FAIDA-13-42 Page 18 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 or to abstain from doing any act. c. “Entity” means a partnership, association, corporation, or other organization, group or subgroup. d. References in this Certification to the provision of material support and resources shall not be deemed to include the furnishing of USAID funds or USAID-financed commodities to the ultimate beneficiaries of USAID assistance, such as recipients of food, medical care, microenterprise loans, shelter, etc., unless the Recipient has reason to believe that one or more of these beneficiaries commits, attempts to commit, advocated, facilitates, or participated in terrorist acts, or has committed, attempted to commit, facilitated or participated in terrorist acts. e. The Recipient’s obligations under paragraph 1 are not applicable to the procurement of goods and/or services by the Recipient that are acquired in the ordinary course of business through contract or purchases, e.g., utilities, rents, office supplies, gasoline, etc., unless the Recipient has reason to believe that a vendor or supplier of such goods and services commits, attempts to commit, advocated, facilitated, or participated in terrorist acts, or has committed, attempted to commit, facilitated or participated in terrorist acts. This Certification is an express term and condition of any agreement issued as a result of this application and any violation of it shall be grounds for unilateral termination of the agreement by USAID prior to the end of its term. Signed: _______________________________________________________ Typed Name and Title, Date (Insert Name of Company RFQ No. FAIDA-13-42 Page 19 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 Attachment A: Purchase Order Template PURCHASE ORDER (Template) Purchase Order Number: TBD Supplier: TBD Effective Date:TBD Supplier Name:TBD Delivery Due Date: TBD Supplier Address: TBD Delivery Incoterm:TBD Bank Details: TBD Account Number:0503101000855611 Ship Bank To: Name:Afghanistan International Bank (AIB) Payment Terms: Net 30 Days Bill To: Project Name: Line Item Description and Specifications Qty 1 TBD Unit Price AFN Total Price AFN TBD TBD GRAND TOTAL (AFN) 2% BRT should be included: Additional Notes: This purchase order is issued by Chemonics Afghanistan Limited Management and Implementation Services Inc. (“Chemonics”) on behalf of the Afghanistan Chemonics/FAIDA Project, USAID Contract No. 306-C-00-11-00531-00. This project is being implemented by Chemonics in the Cooperating Country of Afghanistan. The authorized USAID Geographic Code for this purchase order is Geographic Code 935. All electrical commodities must operate on the following voltage: 220V, 50Hz The terms and conditions (Attachment 1) found in the following pages are incorporated into and form an integral part of this purchase order. Chemonics Authorization of Purchase Order: Supplier Acceptance of Purchase Order: Name:TBD Name:TBD Title:TBD Title:TBD Date: Date: RFQ No. FAIDA-13-42 Page 20 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 _____________________________________ _____________________________________ Signature Signature Attachment 1: Chemonics Afghanistan Limited Management and Implementation Purchase Order Standard Terms and Conditions I. DEFINITIONS: The following definitions apply to this purchase order and any related correspondence: a. “Chemonics” means Chemonics Afghanistan Limited Management and Implementation. b. “Cooperating Country” means the country(ies), identified on the purchase order cover page, where the equipment will be used. c. “Delivery Incoterm” refers to the international commerce term (Incoterm) established by the International Chamber of Commerce, www.iccwbo.org d. “FAR” means the United States Federal Acquisition Regulation. e. “Geographic Code” means the country(ies) or area(s) assigned by USAID to a certain three digit code, as defined in United States Code of Federal Regulations (CFR) in 22 CFR §228, available at http://www.gpo.gov/fdsys/pkg/CFR-2012-title22-vol1/pdf/CFR-2012-title22-vol1part228.pdf f. “Supplier” means the individual or firm, identified on the purchase order cover page, supplying the goods and/or services under this order g. “U.S.” or “United States” means the United States of America, including any State(s) of the United States, the District of Columbia, and areas of U.S.-associated sovereignty, including commonwealths, territories and possessions. h. “USAID” means the United States Agency for International Development. II. CONTRACT: This purchase order (PO), when properly completed and signed by both parties, is the only form which will be recognized by Chemonics and will constitute the fixed-price contract. No terms stated by the Supplier in accepting or acknowledging this order shall be binding on Chemonics unless accepted in writing by Chemonics. The purchase order may not be assigned or delegated, in whole or in part, by the Supplier without the written consent of Chemonics; absent such written consent, any assignment is void. III. PAYMENT: Payment shall be made—via check or wire transfer—in the currency identified on the purchase order cover page for items that have been delivered to the delivery destination(s) set forth in the purchase order and that have been inspected and accepted by Chemonics.The Supplier shall submit an original invoice (or electronic invoice, if authorized) that includes, at a minimum: (a) name and address of the Supplier; (b) invoice date and number; (c) PO number; (d) description, quantity, unit of measure, unit price and extended price of the items delivered. Payment will only be issued to the Supplier identified on the purchase order cover page; payment will not be issued to a third party. IV. ELIGIBILITY OF COMMODITIES AND SUPPLIERS: The Supplier shall adhere to the following in carrying out this purchase order: a. All commodities must be new and unused unless otherwise authorized in writing by Chemonics. b. All electrical commodities must operate on the voltage and frequency identified on the purchase order cover page. Transformers will not be accepted. Auto-sensing, multi-voltage power supplies are preferred over single-voltage items. c. All commodities supplied under this order must comply with the authorized USAID Geographic Code identified on the purchase order cover page in accordance with 22 CFR §228 (“Rules for Procurement of Commodities and Services Financed by USAID” available at http://www.gpo.gov/fdsys/pkg/CFR-2012-title22-vol1/pdf/CFR-2012-title22-vol1-part228.pdf), unless otherwise indicated in writing by Chemonics. d. No commodities made in—or containing a component made in—Burma (Myanmar), Cuba, Iran, North Korea, (North) Sudan, or Syria may be supplied. e. The Supplier must be an organization incorporated or legally organized under the laws of—or (if an individual) a citizen or legal resident of—a country in the USAID Geographic Code identified on the PO cover page. The Supplier must also be meet the nationality requirements of 22 CFR 228. f. No commodities or services shall be eligible for payment under this order if provided by a vendor included on any list of suspended, debarred, or ineligible bidders used by USAID or the United States Government. V. ELIGIBILITY OF TRANSPORTATION SERVICES: Any ocean or any international air shipments financed by this purchase order must be made on carriers and vessels under flag registry of the United States. If such carriers or vessels are not available, the Supplier shall notify Chemonics prior to shipment in order to request further written instructions. Failure to use such U.S. flag carriers/vessels without prior written authorization from Chemonics shall be grounds for unilateral termination for default of the purchase order by Chemonics, with no payment being issued for any shipping/transportation costs. VI. WARRANTY: The Supplier warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this PO. All equipment supplied under this order must be covered by the manufacturer's standard international warranty which shall, at a minimum, protect Chemonics from any loss due to defective workmanship, material, and parts, for 12 (twelve) months (unless otherwise stated on the purchase order document) after the equipment is delivered to and accepted by Chemonics. In the event that the warranty is breached, Chemonics may require, and the Supplier is bound, to remedy all defects and faults, including both workmanship and materials within a reasonable time of notification. The Supplier shall be responsible for all necessary domestic transportation charges required to ship the defective commodities to the Supplier and replacement commodities to Chemonics. In the event of the Supplier's refusal, failure, or inability to remedy such discrepancies within a reasonable time of notification, Chemonics may remedy such defects on its own and claim the reasonable cost of such remedial action from the Supplier. VII. INSPECTION AND ACCEPTANCE: The Supplier shall only tender for acceptance those items that conform to the requirements of this PO. Chemonics reserves the right to inspect or test any supplies or services that have been tendered for acceptance. Chemonics may require repair or replacement of nonconforming commodities or re-performance of nonconforming services at no increase in purchase order price. If repair/replacement or reperformance will not correct the defects or is not possible, Chemonics may seek an equitable price reduction or adequate consideration for acceptance of nonconforming commodities or services. Chemonics must exercise its post-acceptance rights within a reasonable time after the defect was discovered or should have been discovered. VIII. GOVERNING LAW AND RESOLUTION OF DISPUTES: (A) Governing Law. This purchase order, including any disputes related thereto, shall be governed by the laws of the District of Columbia, U.S. (B) Disputes between the Parties. The following procedures shall govern the resolution of any controversy, dispute or claim between or among the “Parties,” arising out of the interpretation, performance, breach or alleged breach of this purchase order (“Dispute”). (1) Negotiation. The Parties shall promptly attempt to resolve any Dispute by negotiation in the normal course of business. If, after good faith efforts, the Dispute is not resolved, either Party may request in writing that the Dispute be resolved via Executive Consultation pursuant to subparagraph (B)(2) below. RFQ No. FAIDA-13-42 Page 21 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 (2) (C) Executive Consultation. For Disputes submitted to Executive Consultation, each Party shall designate a senior company official with authority and responsibility for attempting to resolve the matter. The Party initiating the claim shall provide, in addition to documents supporting the claim, a brief summary of the claim, its perception of the positions of the Parties and any perceived barriers to settlement of the case. Within 30 calendar days after delivery of the claim summary, the Parties shall meet and attempt to resolve the Dispute. If the Dispute is not resolved within 45 days from submission of the claim summary, or such other amount of time as agreed between the Parties, the claiming Party may proceed under subparagraph (3) below. (3) Arbitration. Any controversy or claim between the Parties arising out of or relating to this purchase order, or the breach thereof, that has not been resolved by Executive Consultation, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Arbitration Rules, including the Optional Rules for Emergency Measures of Protection, unless otherwise provided herein. The arbitrators shall not be empowered to award damages in excess of compensatory damages and each Party expressly waives and foregoes any right to punitive, exemplary, or similar damages. Each Party will bear the cost of its own Attorney-Fees. The Arbitration shall be in Washington, D.C., unless otherwise agreed between the Parties. Obligation to perform work. Supplier shall diligently proceed with the performance of work pending final resolution of any Dispute. IX. INDEMNITY AND SUPPLIER WAIVER OF BENEFITS. The Supplier agrees to indemnify and save harmless Chemonics and its officers, employees, and agents from and against any and all claims and liability, loss, expenses, suits, damages, judgments, demands, and costs (including reasonable legal and professional fees and expenses) arising out of the Supplier’s provision of goods or services under this purchase order. X. EXCUSABLE DELAYS. The Supplier shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Supplier and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Supplier shall notify Chemonics in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Chemonics of the cessation of such occurrence. XI. CHANGES: Chemonics may at any time, by written order, and without notice to the sureties, make changes within the general scope of this purchase order. If any such changes cause an increase or decrease in the cost, or the time required for the performance, of any part of the work under this purchase order, an equitable adjustment shall be made in the purchase order price or delivery schedule, or both, and the purchase order shall be modified in writing accordingly. Any claim by the Supplier for adjustment under this purchase order must be asserted within thirty (30) days from the date of receipt by the Supplier of the modification or change. XII. TERMINATION FOR CONVENIENCE: Chemonics reserves the right to terminate this purchase order, or any part hereof, for its sole convenience. In the event of such termination, the Supplier 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 PO, the Supplier shall be paid a percentage of the PO price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Supplier can demonstrate to the satisfaction of Chemonics using its standard record keeping system, have resulted from the termination. The Supplier shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give Chemonics any right to audit the Supplier’s records. The Supplier shall not be paid for any work performed or costs incurred which reasonably could have been avoided. XIII. TERMINATION FOR CAUSE: Chemonics may terminate this purchase order, or any part hereof, for cause in the event of any default by the Supplier, or if the Supplier fails to comply with any PO terms and conditions, or fails to provide Chemonics, upon request, with adequate assurances of future performance. In the event of termination for cause, Chemonics shall not be liable to the Supplier for any amount for supplies or services not accepted, and the Supplier shall be liable to Chemonics for any and all rights and remedies provided by law. If it is determined that Chemonics improperly terminated this PO for default, such termination shall be deemed a termination for convenience. XIV. TITLE: Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to Chemonics upon acceptance, regardless of when or where Chemonics takes physical possession. Chemonics retains the right to transfer title at any time to any organization or entity in the Cooperating Country. At the time that any items supplied under this purchase order are transferred any entity within the Cooperating Country, all rights to warranty support and service provided to Chemonics under this purchase order shall be transferred with the items to the new end-user. The Supplier shall continue to honor all warranty support and services for the duration of the warranty period. XV. RISK OF LOSS. Unless the purchase order specifically provides otherwise, risk of loss or damage to the items provided under this purchase order shall remain with the Supplier until, and shall pass to Chemonics upon delivery of the items to Chemonics or Chemonics’ authorized agent at the delivery location. XVI. WORKER’S COMPENSATION INSURANCE: If the order involves performance of incidental services (installation of USAID-financed equipment or the training of personnel in the maintenance, operation, and use of such equipment) outside of the United States, then before commencing performance under this purchase order the Supplier shall maintain coverage through worker's compensation insurance or security covering each employee to the extent required by the Defense Base Act (DBA) of the United States (42 U.S.C. 1651) but in any event equivalent to coverage required by law or custom in the location where the Supplier's employee is performing services. XVII. TAXES: The agreement under which this purchase order is financed does not permit the use of USAID funds to finance any taxes, tariffs, duties, or other levies imposed by any laws in effect in the Cooperating Country. No such Cooperating Country taxes, charges, tariffs, duties or levies shall be paid under this purchase order. XVIII. SET-OFF CLAUSE: Chemonics reserves the right of set-off against amounts payable to the Supplier under this purchase order or any other agreement the amount of any claim or refunds Chemonics may have against the Supplier. XIX. COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS: The Supplier shall comply with all applicable laws, ordinances, codes, regulations, and other authoritative rules of the United States and of the Cooperating Country and their political subdivisions and with the standards of relevant licensing boards and professional associations. RFQ No. FAIDA-13-42 Page 22 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012 XX. TERRORIST FINANCING PROHIBITION: The Supplier is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the Supplier to ensure compliance with these Executive Orders and laws. This provision must be included in all subcontracts issued under this purchase order. XXI. ANTI-CORRUPTION AND ANTI-KICKBACK: No offer, payment, consideration, or benefit of any kind which constitutes an illegal or corrupt practice shall be made, either directly or indirectly, as an inducement or reward for the award of this purchase order. Any such practice will be grounds for canceling the award of this order and for such other actions, civil and or/criminal, as may be applicable. The Supplier and its employees, whether directly or indirectly engaged in the performance of this purchase order, agree to abide by the terms of The United States Anti-Kickback Act of 1986, which prohibits any person from providing or attempting to provide any kickback; soliciting, accepting, or attempting to accept any kickback; or including, directly or indirectly, the amount of any kickback in the contract price charged by the Supplier to Chemonics. XXII. COMPLIANCE WITH U.S. EXPORT LAWS. In furtherance of this purchase order, the Supplier warrants and agrees to comply with all U.S. laws and regulations governing its international activities, including but not limited to: (i) the export or re-export of goods, technology, and services under the International Traffic in Arms Regulations, 22 C.F.R. Parts 120 et seq.; (ii) the Export Administration Regulations, 15 C.F.R. Parts 730 et seq.; (iii) the Foreign Asset Control Regulations, 31 C.F.R. Chapter V; and (iv) other applicable U.S. laws and regulations. The Supplier undertakes to determine any export license requirements, to obtain any export license or other official authorization, and to carry out any customs formalities for the export of goods or services. The Supplier agrees to cooperate in providing any reports or other documentation related to export compliance requested by Chemonics. The Supplier agrees to indemnify and defend Chemonics for any penalties, fines, or other regulatory action taken against Chemonics as a result of the Supplier’s non-compliance with this provision. XXIII. CLAUSES INCORPORATED BY REFERENCE: This purchase order incorporates the following clauses of the United States Federal Acquisition Regulation (48 CFR, Chapter 1) by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far/loadmainre.html. It is understood and agreed that the Supplier may be obligated by and to Chemonics for any documentation required of Chemonics under these clauses, and that references to the “Contractor” may also refer to the “Supplier”. The Supplier hereby agrees to abide by the terms and conditions imposed by these clauses. References in the text of these incorporated clauses to "the Government” or "Contracting Officer" may, depending on their context, refer to "Chemonics," and references to “the Contractor" may refer to “the Supplier." FAR Clause Number 52.222-50 52.225-13 52.225-14 FAR Clause Title Combating Trafficking in Persons (Feb 2009) Restrictions on Certain Foreign Purchases (Jun 2008) Inconsistency Between English Version and Translation of Contract (Feb 2000) (End of Purchase Order) RFQ No. FAIDA-13-42 Page 23 of 23 Chemonics DocNo: FO.PROC.FT.010, Rev.001, 12/17/2012
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