REQUEST FOR PROPOSALS (RFP)
RFP Number: 028
Description: Construction of Greenhouses in Novi Becej, Kikinda and Zrenjanin.
For: Sustainable Local Development Project (SLD)
Contracting Entity: Chemonics International Inc.
Funded by: United States Agency for International Development (USAID) Contract No. 169-C00-10-00102-00
RFP Issue Date: December 25, 2013
Questions Due: January 10, 2014
Proposals Due: January 15, 2014
Place of Performance: Serbia
Offerors are encouraged to read this RFP in its entirety (including any and all attachments),
paying specific attention to the instructions and requirements included herein. Issuance of this
solicitation does not, in any way, obligate Chemonics to award a subcontract, nor does it commit
Chemonics to pay for costs incurred in the preparation and submission of a proposal. All
recipients of this RFP shall treat all information and details included herein as private and
confidential.
Content of RFP:
Section 1:
Section 2:
Section 3:
Section 4:
Annex A:
Annex B:
Annex C:
Annex D:
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Introduction
Scope of Work
Proposal Instructions
Evaluation criteria and Basis for Award
COVER LETTER
REQUIRED REPRESENTATIONS AND CERTIFICATIONS
GUIDE TO CREATING BUDGET AND A FINANCIAL PROPOSAL
FIXED PRICE SUBCONTRACT TERMS AND CONDITIONS
1. INTRODUCTION
USAID’s project for Sustainable Local Development (SLD) is a five-year program designed to
improve the capacity of Serbian municipal governments, business advocacy groups, and civil
society organizations in creating and implementing policies, procedures, and projects that will
contribute to area-based economic development and good governance.
By promoting inter-municipal collaboration in area-based programming and in the delivery of
joint services, SLD will increase the efficiency and transparency of local government operations
by helping create mechanisms for public input into the local government decision-making
process and increasing opportunities for youth to become engaged in the economic and political
life of their communities. SLD includes the following components:
1. Inter-Municipal Cooperation Programming
2. Public Administration Reform
3. Youth Development and Participatory Mechanism
The purpose of this RFP is to identify qualified firm(s) that can provide services in support of
SLD Inter-Municipal Cooperation Programming. Chemonics International requests proposals for
construction and installation of the following greenhouses: four (4) in Novi Becej; twelve (12) in
Kikinda; and fifteen (15) in Zrenjanin.
2.
2a.
SCOPE OF WORK
Background:
Under Component 1, SLDP supported the establishment of Inter-Municipal Cooperation (IMC)
between the City of Zrenjanin and the municipalities of Kikinda and Novi Becej and developed
the Program named “Diversification of Agriculture - New Jobs for Rural Youth”. The keystone
of the proposed Program in the Zrenjanin-led IMC area is to increase the variety of regionally
produced high-value vegetable crops, which are more suitable to small parcels of land and have a
greater market demand than those crops primarily grown in the region, as a way to boost creation
of new farm businesses and employ rural youth.
As part of the Program, SLDP is supporting establishment of Agricultural Incubators in three
municipalities from the Zrenjanin-led IMC area, to help limited resource and unemployed young
people to start their own farm business. Agricultural Incubators will provide the land,
infrastructure and plastic polyethylene high tunnel greenhouses for the production of off-season
vegetables, as well as education and mentoring for incubator tenants. The Agricultural Incubators
program is designed to reduce the time and cost of establishing farm start-up businesses and it
features greater support to new young farmers during the early stage of development, and phased
out support as their farm matures.
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2b.
SCOPE OF WORK
The offerors are expected to construct and install greenhouses (“turn-key” with construction of
the foundations included) in three locations:
1. 4 greenhouses in Novi Becej
2. 12 greenhouses in Kikinda
3. 15 greenhouses in Zrenjanin
Offerors must submit minimum requirements and preconditions for land preparation for the
installation of the plastic greenhouses. Preparation of the land for each location will be
conducted by pertinent local government.
The offerors may submit a proposal that includes construction of greenhouses in only one, two or
all three locations. Proposals must include above indicated number of greenhouses per location.
Based on the proposals received, the SLD project may select one firm for all three locations or
three firms in total—each firm with responsibility for one location.
Greenhouses and supporting equipment at all three locations must be constructed and installed in
compliance with the following technical specification:
Type
Dimensions/sizes
One aisle double arch construction – high tunnel
8m x 30,4m x 3,6m
Steel
construction
Arch construction:
 arches should be made of grid construction with double still pipes
minimum outer diameter of 22 mm, wall thickness of min. 2 mm.
Grid in between two pipes is filled with reinforcing wire min.
thickness of 10 mm which will connect two outer pipes,
 outer height of mounted arch is min. 3600 mm,
 distance in between the arches is 1600 mm,
 arches should be hot-dip galvanized with minimum zinc thickness of
45 micrometers,
 foil contact surface with steel construction should be protected with
appropriate protection tape or painted with layer of acryl color (foil
abrasion protection).
Fixing among arches:
 arches should be fixed longitudinally with min. 7 box-pipes,
dimensions of 20x20 mm, min. wall thickness of 2,6 mm, hot-dip
galvanized with minimum zinc thickness of 45 micrometers,
 mounting the longitudinal beams for inner plastic foil on the arches.
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Front/back side:
 four-part removable door with appropriate tightness when closing
them on both sides,
 front and back ventilation (manual winch opening) hatch for entire
area above the doors,
 doors should be made of still pipes minimum outer diameter of 22
mm, wall thickness of min. 2 mm, hot-dip galvanized with minimum
zinc thickness of 45 micrometers.
Outer foil
PE – three layer polyethylene foil with minimum light transmittance
of 80%
 min. thickness of 180 micrometers,
 UV stabilized in upper film layer,
 infra-red effect,
 anti-drip effect in inner film layer.
Inner foil
PE – three layer polyethylene foil with minimum light transmittance
of 80%
 min. thickness of 80 micrometers,
 UV stabilized in upper layer,
 infra-red effect,
 anti-drip effect in inner film layer.
System for
irrigation
and
fertilization
System components are:
 drip irrigation system: supply of 500 m of drip irrigation tape of
application capacity 3-4 lit/m, per one greenhouse,
 hanging sprinklers: anti-drip type, capacity of 50-100 lit/hour,
number of sprinklers - 18 per one greenhouse,
 fertilization package according to the size of greenhouse (venture
pipe, filter, pressure regulators).
Installation of system for irrigation and fertilization must include all
necessary connections, fittings, secondary pipe lines, etc., must be fully
assembled and put into use.
Other equipment

Outer shadow net with minimum width of 9 m and 50% of
shadowiness.
Offeror must enclose to the proposal summary, a static calculation made by the civil construction
engineer related to the following:

Dead load: g r e e n h o u s e structure should be able to hold the weight of all permanent
constructions and installations (cladding, heating and cooling equipment, water pipes and
all fixed service equipment to the frame) with min. 20 kg/m2.
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
Live load: g r e e n h o u s e structure should be able to hold the weight of the plants and
yields with min. 22 kg/m2.

Wind load: the structure should be able to withstand winds of 100 kilometer per hour and
at least 61 kg per square meter of wind pressure.

Snow load: the greenhouse structure should be able to hold maximum snowfall of 50 cm
or withstand maximum 75kg of snow load per square meter.
Offeror must enclose to the proposal warranties the following period: minimum 10 years for
the green house construction, and 3 years for outer and inner foil.
2c. EXPECTED DELIVERABLES
Deliverables 3, 4 and 5 will be based on whether or not the proposal is related to one or more
of the greenhouse locations
1. Minimum requirements and preconditions for land preparation for the installation of the
plastic greenhouses
2. Preliminary design of greenhouse construction made by the qualified and authorized
mechanical engineer,
3. 4 greenhouses installed in Novi Becej,
4. 12 greenhouses installed in Kikinda,
5. 15 greenhouses installed in Zrenjanin.
2d. ILLUSTRATIVE DELIVERABLE SCHEDULE
The subcontractor is expected to perform during the period of January
accordance with the following schedule:
1. Minimum requirements and preconditions for land preparation
for the installation of the plastic greenhouses
2. Preliminary design of greenhouse construction
made by the qualified and authorized mechanical engineer
3. 4 greenhouses installed in Novi Becej
4. 12 greenhouses installed in Kikinda
5. 15 greenhouses installed in Zrenjanin
3.
3a.
30 – April 15, 2014 in
Feb 10, 2014
Feb 10, 2014
April 15, 2014
April 15, 2014
April 15, 2014
PROPOSAL PREPARATION INSTRUCTIONS
Disclaimer
Issuance of this solicitation does not in any way obligate Chemonics or USAID to award a
contract, nor does it commit Chemonics or USAID to pay for costs incurred in the preparation
and submission of a proposal. Please note that in submitting a response to this solicitation, the
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Offeror understands that USAID is not a party to this solicitation and the Offeror agrees that any
question or protest hereunder must be presented — in writing with full explanations — to
Chemonics for consideration, as USAID will not consider protests made to it under USAIDfinanced subcontracts. Chemonics, at its sole discretion, will make a final decision on the protest.
3b. Offer Deadline
Offerors must submit their proposals by the time and date indicated on the cover page of this RFP
to:
SLD/Chemonics International Inc.
Attn: SLD Grants and Subcontracts Manager
Koste Glavinica 23A, 11000 Beograd
Email: mtodorovic@lokalnirazvoj.rs
Late offers will not be accepted by the Project.
3c. Protocol for Submission of Offers and Required Documents
In order for proposals to receive full consideration for award, Offerors must comply with the
instructions included herein and must ensure that all information furnished in their proposal is
factual, accurate, and complete. Offerors shall be held responsible for the validity of all
information supplied in their proposal, including that provided by potential subcontractors and/or
vendors, if any.
Failure to comply with the RFP instructions and/or to furnish a complete proposal may result in
the proposal being unacceptable to Chemonics and may result in elimination from consideration
for award. Offerors are required to submit enough information to allow for a complete
assessment of the Offeror’s capability to perform all of the requirements contemplated by this
solicitation. All commitments made in the proposal may become a part of the resultant firm fixed
price subcontract.
Offers must be prepared in English, formatted on A4 size paper, single-spaced, and maximum of
an 11-point type. Supporting documents may be provided in Serbian. All proposals must be
submitted in two volumes as follows:


Volume 1: Technical Volume
Volume 2: Cost Volume
Proposals may be submitted in hard copy. Hard copies of the Technical and Cost volumes must
be submitted in separate, sealed envelopes. One (1) paper copy and one (1) electronic version in
formats compatible with MS Word, pdf and Excel on a CD-ROM of the Offeror’s Technical
Volume must be included in the envelope marked with the words “Technical Volume,” the RFP
number 028 the complete legal name and address of the Offeror’s organization. The technical
proposal must not include any financial information.
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One (1) original paper copy and one (1) electronic version on a CD-ROM of the Offeror’s Cost
Volume must be included in the envelope marked with the words “Cost Volume,” the RFP
number 028, the complete legal name and address of the Offeror’s organization. Formulas in the
cost proposal shall be unlocked to allow the Sustainable Local Development Project to analyze
the calculations.
Offerors may modify or withdraw their proposal prior to the proposal due date by giving written
notice via email to the email address stated in Section 3.b. of this RFP and clearly stating in the
subject line of the email their intent to withdraw or modify their proposal. Proposals may not be
modified after the proposal submission deadline. Alternate bids will not be considered unless this
solicitation authorizes their submission.
3d. Questions, Clarifications and Changes
Offerors must submit all questions and requests for clarifications regarding this RFP in writing
via email to stated in Section 3.b. of this RFP by the date and time indicated on the cover sheet.
All correspondence regarding this solicitation must reference the RFP number in the subject line.
No phone calls or in-person inquiries will be entertained.
Responses to the questions and requests for clarification regarding this solicitation (Q&A) will be
displayed at SLDP web page at the same link where RFP is located.
Any verbal information received from a Chemonics employee or any other entity shall not
constitute an official response to any questions regarding this RFP.
If Chemonics determines that changes to this RFP are required, such changes will be made via
formal written addenda. Chemonics will make addenda available on the web site. Should addenda
be issued fewer than 5 days before the proposal due date listed on the cover page of this RFP,
Chemonics may elect to extend the proposal deadline. Addenda cancelling the RFP may be
issued at any time. Clarifications, interpretations, corrections, and changes to the RFP made in
any other manner shall not be binding and Offerors shall not rely upon them.
No offer, payment, consideration, or benefit of any kind shall be made, either directly or
indirectly, by Offeror’s as an inducement or reward for the award of a subcontract. Any such
practice constitutes an illegal or corrupt practice and will result in the cancellation of the
procurement, elimination of an Offerors’ participation in this and future procurements and
consideration for award, or termination of an awarded subcontract. Such practices may also
constitute grounds for additional civil and/or criminal actions, as may be applicable.
3e. Eligibility of Offerors
This RFP is open to Serbian offerors who are capable for implementation of the scope of work,
with a solid record of integrity and business ethics, and who also meet the eligibility requirements
stated in this Section. All offerors must certify that the firm and the firms’ principals, are not
debarred, suspended, or proposed for debarment. Chemonics will not award a subcontract to any
firm that is debarred, suspended, or proposed for debarment, or who proposes to do business with
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firms or firms’ principals who are debarred, suspended, or proposed for debarment, in the
performance of the requirement of this activity.
Offerors that submit proposals in response to this RFP must meet the following requirements:
1) A firm has to be registered in the Republic of Serbia (in the Serbian Business Register
Agency).
2) Firms must be wholly private (no government entities or government owned entities)
3) Firm has to complete the required representations and certifications incorporated in this RFP
4) Firm is not listed, nor appears in any of the following lists:
 the Specially Designated Nationals and Blocked Persons list from the Office of Foreign
Assets Control. The list can be found at
http://www.treas.gov/offices/enforcement/ofac/sdn/t11sdn.pdf
 The System for Award Management (SAM). The list can be found at:
https://www.sam.gov/portal/public/SAM
5) Past experience of the firm (Offeror) – The offeror must have executed at least 5 contracts in
last 5 years related to construction and installation of same or similar type of greenhouses at
minimum value each of Euro 15,000 or at minimum total value of Euro 120,000. Offerors
will prove past experience by submitting list of clients with contact details, copies of the
contracts or written reference from clients indicating value of the contract and confirming
good quality of performed work.
6) Corporate capability – The offeror must have minimum 5 permanent staff members. Experts
required for the construction of greenhouses have to be employed or engaged by the firm
(Offeror). Offeror has to have at least one:
 Mechanical engineer with the appropriate license for the design works, with minimum 5
years of work experience.
Offerors have to submit the evidence for the permanent staff employment and statement of
willingness to participate in the project of each planned short term expert. Offerors have to
submit the CV of both permanent staff members and short term experts.
3f. Authorized USAID Geographic Code
The authorized USAID geographic code for this RFP and any resulting subcontract is Code
937 All commodities and services supplied under a subcontract resulting from this RFP must be
from Code 937. No items, items with components from, or related services (including any
incidental services required to complete the work) may be from the following countries: Cuba,
Iran,
North
Korea,
Syria
or
any
countries
listed
in
ADS
310
(http://www.usaid.gov/policy/ads/300/310.pdf).
3g. Technical Volume
The Technical Volume should describe in detail how the Offeror intends to carry out the SOW
found in Section 2. The Technical Volume should demonstrate a clear understanding of the work
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to be undertaken and the responsibilities of all parties involved. There is a 5 page limit to the
Technical Volume. This page limit does not include: cover page, table of contents, section
dividers, annexes and CVs.
The following documents must be included in the Technical Volume.
I.
Cover Letter (see Sample in Annex A)
A cover letter by the interested organization stating the name, designation, and address of the key
contact person (organization’s legally authorized negotiator), the organization’s full address,
telephone, and email address.
II.
Corporate Capabilities, Experience and Past Performance
Offerors shall include a brief narrative summarizing the resources (human, financial, equipment,
necessary IT hardware and software, etc.) at their disposal and describe their capability to
perform the work. The narrative should demonstrate an understanding of the management
requirements associated with implementation of the SOW, illustrate the Offeror’s technical
experience implementing similar projects, meeting tight deadlines, experience coordinating and
working with local counterparts, experience using data entry software with appropriate checks for
data entry errors and any other pertinent considerations. Offerors must confirm availability of
funds to properly finance the work and experience managing quality control, environmental and
safety should be noted. Also, each offeror should include a description of how it plans to manage
the work included in this RFP in addition to its other ongoing and anticipated projects.
III.
Management, Personnel and Staffing Plan
Offerors should include an organizational chart (indicating reporting structure and lines of
authority) with the roles and availability proposed staff for this project. Provide names, duties and
levels of responsibility of key personnel. The Offeror should demonstrate that professional staff
with extensive experience is available to oversee and carry out the scope of work. The
professional staff deemed as Key Personnel shall be fully available throughout the duration of the
subcontract and shall not be replaced without prior written consent of Chemonics. The Technical
Volume should include CV of each of the proposed experts (responsible designers). Proposed
experts should hold appropriate licenses. Enclosed CV must include details of the individual’s
experience, education, and qualifications.
IV.
Technical Approach and Detailed Work Plan
Using the information contained in the SOW, the Offeror should describe briefly, providing
detail as necessary, its approach for executing each phase of the work. The methodology which
will be implemented by the Offeror according to the Law on planning and construction shall meet
recognized industry standards and be cost efficient while taking into consideration the project’s
location and availability of materials and equipment. The methodology section should also
include an outline of the Offeror’s approach to Quality Control and Quality Assurance (with
description of testing and inspections), The Offeror shall also include an analysis of the risks
associated with the work and the proposed approach, steps the Offeror will take to mitigate these
risks and any other assumptions used in preparing the technical approach.
The Offeror shall present a draft work plan (“the schedule”) - in the form of a Gantt chart - that
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illustrates the step by step process for executing every phase of the work in the most efficient
manner. Offerors are required to include sufficient detail in the schedule to show the timing for
the activities and any other information to demonstrate that the work will be completed by the
proposed completion date.
V. Required Certifications (see Annex B)
Offerors are required to complete the certifications included in Annex B of this RFP and submit
the duly completed forms with the technical volume of the proposal. Failure to submit all
complete and signed forms and certifications may result in the Offeror’s RFP submittal being
rejected as non-responsive.
The Technical Volume should be organized by the evaluation criteria listed in Section 4 of this
RFP and should respond to all requirements stipulated herein.
VI. Past Performance References
Each offeror must submit its complete name, address, and contact information. The offeror must
also present a description of its company and organization, with appropriate reference to any
parent company and subsidiaries.
The Offeror must provide at least five references in the last five years and as many references of
previous work under similar SOW as available; contact information for verification and
inspection must be provided so as to provide due diligence. Contact information should include,
at a minimum: name, address, email, and phone number.
3h. Cost Volume
There is no page limit for the cost proposal. The Cost Volume must include a detailed budget expressed in RSD Serbian Dinars- with an accompanying narrative describing the basis for the
listed cost elements. Supporting information should be provided in sufficient detail to allow a
complete analysis and determination of reasonableness of each cost element. Offerors shall use
the template included in Annex C as the basis for the preparation of the detailed budget. Offerors
are required to include and clearly label all costs (including, but not limited to, level of effort,
labor rates, materials, quantities, incidental services such as transportation, fuel, lodging, meals,
communications expenses, other direct costs, any/all indirect costs and fees) deemed necessary to
complete the work called for hereunder. Offerors must present their financial offer using the cost
proposal and budget templates enclosed to the RFP as part of the ANNEX C.
Offerors must also present their cost proposal on a lump sum, all-inclusive basis in RSD Serbian
dinars for each of the deliverables included in Section 2 of this RFP.
Chemonics will use the information included in Offeror’s Cost Volume as the basis for
negotiating the firm fixed-priced subcontract with the selected Offeror. No additional costs or
fees are to be added later. All deliverables must be clearly labeled and included in the total price.
The Project is exempt from VAT, therefore Proposals submitted in response to this RFP shall not
include VAT.
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Additionally, Offerors must also include the following information as part of their Cost Volume:
1. A copy of audited financial statements for the last three years.
2. A copy of a valid certificate of registration.
3. A copy of the VAT registration certificate.
3i. Validity of Proposal
Proposals should have a 60-day validity period from the proposal submission date. Within the
proposal’s validity term, the project reserves the right to: i) accept your proposal in full or in part,
ii) conduct negotiations and/or request clarifications prior to award and iii) cancel for
convenience the whole procurement procedure for this RFP.
3j. Conflict of Interest
Offerors and its proposed personnel shall disclose any factors that could limit the organization’s
ability to independently perform the services such as relationship with counterpart employees,
past employment, and similar.
3k. Protests
Please note that in submitting a response to this solicitation, the Offeror understands that USAID
is not a party to this solicitation and the Offeror agrees that any protest hereunder must be
presented—in writing with full explanations—to Chemonics International for consideration, as
USAID will not consider protests made under USAID-financed subcontracts. Chemonics, at its
sole discretion, will make a final decision on the protest for this procurement.
4.
EVALUATION CRIT ERIA AND BASIS FOR AWARD
4a. Terms and Conditions of Subcontract
SLD intends to award one or multiple firm fixed price subcontract(s) to the winning offer(s). This
solicitation is subject to the Fixed-Price Subcontract Terms and Conditions included in Annex E
of this RFP. Any resultant award will be governed by these terms and conditions. Chemonics
reserves the right to make minor revisions to the content, order, and numbering of the provisions
in the actual subcontract award.
4b. Selection Criteria
Chemonics will make award(s) to eligible, responsive (one that complies with all the terms and
conditions in the RFP without material deviation) and responsible Offeror(s) that presents the
best value to SLD for construction of greenhouses on the locations mentioned in Section 2b.
Offerors may not modify non-responsive offers after the proposal deadline in order to make them
responsive. However, Chemonics may request an Offeror to clarify its offer as long as no
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material deviation exists.
Chemonics will evaluate proposals in accordance to the following criteria:
Criteria
A
Past experience in relevant field
B
Corporate capabilities - Key personnel
C
Cost
Total
Rating
40
20
40
100
A. Past experience in relevant field rating:
Past experience/Designs
Type / Value
Relevant contract in last 5 years For each contract in the last 5 years
each of value >25.000EUR
(for max 8)
Points
5
(max 40)
Offerors will prove past experience by submitting copies of the contracts or written reference
from a client indicating value of the contract and confirming good quality of the performed work
B. Corporate capabilities - Key personnel rating:
Expectations regarding experts required for the preparation of this project are presented in the
chapter 3.e. Eligibility of Offerors.
For additional permanent staff members employed by the Offeror, rating is as following:
Greenhouse construction and installation staff
Points
5-10 permanently employed staff members of relevant qualification / 10
experience in the field (welder, installation placement, etc)
>10 permanently employed staff members of relevant qualification – experience 20
in the field (welder, installation placement etc)
C. Cost evaluation:
Subcontract awards will be based on a “best value determination” approach. In the event that the
Project determines that one offer is technically superior, yet more expensive, the Project can
award to that Offeror based on the evaluation that offers the best overall value given the
price/technical trade-off.
The combined technical evaluation factors in the table above are more important than cost or
price. However, the SLD Project will not select an Offeror for award on the basis of a superior
technical proposal without considering cost. Cost will be evaluated on the basis of cost
reasonableness, allowability, and realism. Cost realism will be based on considerations such as
the following:
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-
Are proposed costs realistic for the work to be performed?
Do the costs reflect a clear understanding of RFP requirements?
Are the costs consistent with the various elements of the Offeror’s technical proposal?
The project may also evaluate cost using the following formula:
RC =
40 х Cmin
Co
RC - rating of the offeror for criteria C (cost)
Cmin - lowest offered cost
Co - offered cost
A technical/cost trade-off analysis will be performed by Sustainable Local Development Project
to determine the best value to the project.
4C.
Determination of Competitive Range
Best offer proposal bids are requested. It is anticipated that awards will be made solely on the
basis of an Offerors original proposal bids. However, Chemonics reserves the right to conduct
discussions, negotiations and/or request clarifications prior to awarding a subcontract. Chemonics
reserves the right to place partial orders based on any quotation received and/or make multiple
awards, if it is in the best interests of SLD. Chemonics further reserves the right to reject offers
that are not materially responsive to this RFP.
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ANNEX A. COVER LETTER
The following cover letter must be completed and submitted with any offer:
Date:
(insert date)
To: Chemonics International Inc., SLD Office
(insert office address)
Attention: [NAME, TITLE OF PERSON RECEIVING THE PROPOSALS]
RE:
RFP No. [INSERT RFP NUMBER]
(insert name of company)
hereby proposes the attached offer to perform all work required
for the [INSERT TYPE OF WORK TO BE DONE]. Please find attached our detailed
Technical Volume (including past performance information and required certifications) and Cost
Volume, as called for in the RFP.
We hereby acknowledge and agree to all of the terms and conditions, special provisions, and
instructions included in the above referenced RFP. We further certify that (insert
name
of
company)
, as a firm—as well as the firm’s principal officers and all commodities and
services offered in response to this RFP—are eligible to participate in this procurement under the
terms and conditions of this solicitation and under USAID regulations and certify that the
representations, certifications, and other statements submitted to SLD are accurate, current, and
complete.
__________________________________
Company Name
___________________________________
Name and title of authorized representative
___________________________________
Signature
___________________________________
Date
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ANNEX B. REQUIRED REPRESENTATIONS AND CERTIFICATIONS
B.1. The Registration Certificate from the Serbian Business Register Agency for designing
B.2 CERTIFICATION OF COMPLIANCE
(insert name of company)
(hereinafter called the "offeror")
The Offeror hereby certifies the following:
1. Authorized Negotiators
The Company Name proposal in response to RFP No. [INSERT RFP NUMBER] may be
discussed with any of the following individuals. These individuals are authorized to represent
Company Name in negotiation of this offer in response to RFP No. [INSERT RFP NUMBER].
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’s 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 Volume.
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.)
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6. Equipment and Facilities
(Offeror should state they have necessary facilities and equipment to carry out the subcontract.)
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. They should provide their DUNS number here as well, if applicable.)
8. Commodity Procurement
As applicable to this RFP.
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.
11. Organization of Firm
(Offeror should explain how their firm is organized – for example regionally or by technical
practice)
___________________________________
Company Name
___________________________________
Name and title of authorized representative
___________________________________
Signature
___________________________________
Date
16 | P a g e
B.3. Evidence of Responsibility Statement
1. Authorized Negotiators
Company Name proposal for Proposal or Chemonics RFP Name may be discussed with any of
the following individuals. These individuals are authorized to represent Company Name in
negotiation of this offer in response to RFP No.
List Names of Authorized signatories
These individuals can be reached at Company Name office:
Address
Telephone/Fax
Email address
2. Adequate Financial Resources
Company Name has adequate financial resources to manage this contract, as established by our
audited financial statements (OR list what else may have been submitted) submitted in this
proposal.
3. Ability to Comply
Company Name is able to comply with the proposed delivery of performance schedule having
taken into consideration all existing business commitments, commercial as well as governmental.
4. Record of Performance, Integrity, and Business Ethics
Company Name record of integrity is (describe, e.g. outstanding), as shown in the
Representations and Certifications. We have no allegations of lack of integrity or of questionable
business ethics. Our integrity can be confirmed by our references in our Past Performance
References, contained in the Technical Volume, Annex, etc.
5. Organization, Experience, Accounting and Operational Controls, and Technical Skills
(Subcontractor should explain which department will be managing the contract, type of
accounting and control procedure they have to accommodate the type of subcontract that is being
considered)
6. Equipment and Facilities
(Subcontractor should state and explain that they have necessary facilities and equipment to carry
out the contract)
17 | P a g e
7. Eligibility to Receive Award
(Subcontractor should state that they are qualified and eligible to receive an award under
applicable laws and regulation and that they are not included in any list maintained by the US
Government of entities debarred, suspended or excluded for US Government awards and funding.
The Subcontractor should state whether they have performed work of similar nature under similar
mechanisms for USAID. They should provide their DUNS number here if applicable.)
8. Commodity Procurement
(Subcontractor will explain its procurement policies and practice. State if a
procurement/purchasing manual is in place, etc. This section could be deleted if the subcontractor
doesn’t have this capacity or if subcontract will not include procurement)
9. Cognizant Government Audit Agency
(Subcontractor should provide Name, address, phone of their auditors – whether it is DCAA or
independent CPA)
10. Acceptability of Contract Terms
(Subcontractor should state its acceptance of the proposed subcontract terms)
11. Recovery of Vacation, Holiday and Sick Pay
(Subcontractor should explain how they recover vacation, holiday, and sick leave)
12. Organization of Firm
(Subcontractor should explain how their firm is organized for example regionally or by technical
practice)
Date:
Name:
Signature: ___________________________
-
18 | P a g e
ANNEX C. GUIDE TO CREATING A FINANCIAL PROPOSAL FOR A FIXED PRICE
SUBCONTRACT
The purpose of this appendix is to guide bidders in creating a budget for their Financial Proposal.
Because the subcontract will be funded as part of a United States government-funded project, it is
important that all offerors’ budget conform to these standard formats. It is thus recommended that
offerors follow the steps presented below:
Step 1: Design the technical proposal
Offerors should examine the market for the proposed activity, and realistically assess how they
can meet the Sustainable Local Development Project’s needs. Offerors should present and
rationalize this in great detail in their technical proposals.
Step 2: Determine the basic costs associated with each deliverable
The Financial Proposal should provide the best estimate of the costs associated with each
deliverable, which should include labor and other direct costs.
Other direct costs (i.e. non-labor) include, but are not limited to, the following. Prices given in
the budget should accurately reflect the lowest cost of procuring these items:
Regional travel and transportation, and associated travel expenses
Lodging and per diem expenses associated with travel
Rent
Utilities
Communications
Office supplies
Step 3: Create a budget for the Financial Proposal
Each offeror must create a budget using the Microsoft Excel spreadsheet provided as an
attachment to this RFP. The budget period should follow the technical proposal period. It is
required that offerors use the attached MS Excel template. A sample budget is shown on the
following page. Note - Please ensure that proposed costs do not include Value Added Tax
(VAT).
Step 4: Write Cost Notes
Offerors should write notes explaining their costs and the assumptions they used in developing
their budget. These notes should also explain any plans the offeror may have for sharing the costs
of implementing the survey, or instances where the offeror will utilize existing resources to save
costs.
Further instructions and assistance in calculating the Financial Proposal budget will be provided
at the Prposal Conference for those firms seeking guidance.
19 | P a g e
ANNEX C. COST PROPOSAL AND BUDGET TEMPLATES
COST PROPOSAL
Bidder:
RFO No:
Date of submission:
Deliverable
Total Price without VAT [RSD]
Total
0,00 RSD
0,00 RSD
0,00 RSD
0,00 RSD
20 | P a g e
ANNEX D. FIXED PRICE SUBCONTRACT TERMS AND CONDITIONS
In the event of a subcontract award resulting from an offer submitted in response to this RFP, the
following terms and conditions will apply. Chemonics, at its own discretion, reserves the right to
modify these terms.
FIXED PRICE SUBCONTRACT
(insert Subcontract Number here)
Between
CHEMONICS INTERNATIONAL INC.
(insert Chemonics' address here)
(insert City, State Zip code)
And
(add subcontractor name and address here)
(If a US Subcontractor add: Employer Identification Number (EIN)#:_________)
Hereinafter referred to as the Subcontractor
For
(insert Contract Name here)
USAID PRIME CONTRACT NO. (insert contract number here, and Task Order No. if
applicable)
Effective Date:
Total Fixed price:
(insert date here)
(insert amount here - local subcontracts must be in local
currency. If total fixed price exceeds $150,000 or 5% of the total
prime contract value, CO consent is required per FAR 52.244-2)
Contents
Section A
Section B
Section C
Section D
Section E
Section F
Section G
Section H
Section I
21 | P a g e
Background, Scope of Work, Deliverables, and Deliverables Schedule
Reporting and Technical Direction
Period of Performance
Fixed price, Invoicing and Payment
Intellectual Property Rights
Indemnity and Subcontractor Waiver of Benefits
Compliance with Applicable Laws and Standards
Governing Law and Resolution of Disputes
Organizational Conflicts of Interest
Section J
Section K
Section L
Section M
Section N
Section O
Section P
Anti-Kickback (Corruption)
Terrorist Financing Prohibition
Set-Off Clause
Assignment and Delegation
Branding Policy
Subcontractor Performance Standards
Contract Clauses Incorporated by Reference
The Subcontractor agrees to furnish and deliver all items or perform all the services set forth or
otherwise identified above and on any continuation sheets for the consideration stated herein.
The rights and obligations of the parties to this fixed price subcontract shall be subject to and
governed by the provisions and specifications attached or incorporated by reference herein and
executed by both parties.
For
Chemonics International Inc.
For
(insert subcontractor name here)
___________________________________
By:
(add name of Sr. Vice President, Contracts)
Title: Senior Vice President, Contracts
Date: _____________________________
Place Signed:________________________
_______________________________
By:
Title:
Date: _________________________
Place Signed:____________________
Chemonics is an Equal Opportunity Employer and we do not discriminate on the basis of race,
color, sex, national origin, religion, age, equal pay, disability and genetic information.
22 | P a g e
Section A.
A.1.
Background, Scope of Work, Deliverables and Deliverables Schedule
Background
[Briefly describe the purpose of the prime contract and technical subcomponent, if
applicable. State that the purpose of the Subcontract is to accomplish certain objectives of the
Prime Contract (stating the specific objectives). Describe the context in which the subcontractor
will work. What work has already been done and what progress has already been made toward
the objective/task on which the Subcontractor will work? What outputs from that previous work
will serve as inputs to the Subcontractor’s work? How will the project make use of the
Subcontractor’s deliverables to achieve project objectives?]
A.2.
Scope of Work
[Describe the steps and processes that the Subcontractor absolutely must take in order to
achieve minimally acceptable deliverables. Fixed price subcontracts delegate substantial
discretion to the Subcontractor on how it will achieve the required deliverables, and Chemonics
will pay based only on whether the Subcontractor provides the deliverables in the state described
below. Therefore, this Scope of work section should not micromanage the Subcontractor’s work
processes but should only specify steps without which the Subcontractor could not possibly
produce acceptable deliverables in accordance with the deliverables descriptions below.]
A.3.
Deliverables
The Subcontractor shall deliver to Chemonics the following deliverables, in accordance
with the schedule set forth in Section A.4, below.
Deliverable No. 1.: [Insert Deliverable Name]
(Complete description of deliverable No. 1. Focus on the end state, result, report, or
product the Subcontractor must achieve in order to be paid, but do not describe processes for
achieving it. This description must be complete. Chemonics cannot withhold payment based
upon a requirement that is not specified here.)
Deliverable No. 2: [Insert Deliverable Name]
(Complete description of deliverable No. 2)
A.4.
Deliverables Schedule
The Subcontractor shall submit the deliverables described above in accordance with the
following Deliverables Schedule:
Deliverable No.*
1
23 | P a g e
Deliverable Name*
[Deliverable Name from Section A.3]
Due Date
[Date]
2
[Deliverable Name from Section A.3]
[Date]
*Deliverable numbers and names refer to those fully described in Section A.3, above.
Chemonics reserves the unilateral right to terminate this fixed price subcontract at any
time, paying for all deliverables completed at the time of termination and a pro-rata share of any
deliverable in progress, in accordance with FAR Clause 52.249-1, Termination for Convenience
of the Government (Fixed Price) (Short Form) (April 1984), which is incorporated by reference
in Section P herein.
Chemonics may order changes in the scope of work above pursuant to the Federal
Acquisition Regulation (FAR) Clause 52.243-1 (Alt.III), Changes—Fixed Price, which is
incorporated by reference in Section P herein.
Section B.
Reporting and Technical Direction
The Subcontractor shall render the services and produce the deliverables stipulated in
Section A., above, under the general technical direction of the (specify name and title -- usually
COP or other project technical leader), or his/her designee. The (specify name and title -usually COP or Program Manager), or his/her designee will be responsible for monitoring the
Subcontractor’s performance under this fixed price subcontract. The Subcontractor shall not
communicate directly with USAID during the performance of this fixed price subcontract.
Section C.
Period of Performance
The effective date of this fixed price subcontract is (fill in date when work must begin,
not earlier than signature date) , and the completion date is (fill in date). The Subcontractor
shall deliver the deliverables set forth in Section A., Background, Scope of Work, Deliverables
and Deliverables Schedule to the (designate receiving person)
in accordance with the
schedule stipulated therein.
In the event that the Subcontractor fails to make progress so as to endanger performance
of this fixed price subcontract, or is unable to fulfill the terms of this fixed price subcontract by
the completion date, the Subcontractor shall notify Chemonics forthwith and Chemonics shall
have the right to summary termination of this fixed price subcontract upon written notice to the
Subcontractor in accordance with the incorporated FAR Clause 52.249-8, Default (Fixed-Price
Supply and Service).
Section D.
D.1.
Subcontract fixed price, Invoicing and Payment
Subcontract fixed price
As consideration for the delivery of all of the products and/or services stipulated in
Section A., Chemonics will pay the Subcontractor a total of US$ XX,XXX
(Amount must be
denominated in local currency if a local subcontract) . This figure represents the total price of
24 | P a g e
this subcontract and is fixed for the period of performance outlined in Section C., Period of
Performance. (Include the following language only if Chemonics will make more than one
payment) . Chemonics will pay the total price through a series of installment payments.
Chemonics will make each payment subject to Section D.3, below, after Subcontractor’s
completion of the corresponding deliverable indicated in the following table: (Delete the
preceding two sentences and the table and asterisk below if total price is to be paid in one
payment only)
Installment Number and Amount
1.
$XX,XXX
2.
$YY,YYY
Corresponding Deliverable Number(s) and Name(s)*
1. (Deliverable No. 1 Name) , AND
2. (Deliverable No. 2 Name)
3. (Deliverable No. 3 Name)
*Deliverable numbers and names refer to those fully described in Section A.3, above.
D.2.
Invoicing
Upon (Responsible person’s title here) ’s acceptance of the contract deliverables
described in Section A., Background, Scope of Work, Deliverables and Deliverables Schedule,
the Subcontractor shall submit an original invoice to (insert project name) for payment. The
invoice shall be sent to the attention of the Chief Administrative Officer, (insert name) and
shall include the following information: a) subcontract number, b) deliverables delivered and
accepted, c) total amount due in (choose either US dollars or specify a local currency if this is a
local subcontract) , per Section D.1., above; and d) Payment address/bank account number.
D.3
Payment
Chemonics will pay the Subcontractor’s invoice within thirty (30) business days after
both a) Chemonics’ approval of the Subcontractor’s deliverables, and b) Chemonics’ receipt of
the Subcontractor’s invoice. Payment will be made in (choose either US dollars or specify a
local currency if this is a local subcontract) , paid to the account specified in the Subcontractor’s
invoice.
Section E.
Intellectual Property Rights
The ownership of all copyright and other intellectual property rights in respect of any
data compilations, research, spreadsheets, graphs, reports, diagrams, designs, work products,
software, or any other documents, developed in connection with this fixed price subcontract will
exclusively vest in or remain with Chemonics, which shall have all proprietary rights therein,
notwithstanding that the Subcontractor or its employees may be the author of the intellectual
property. All documents relating to the intellectual property or otherwise connected with this
fixed price subcontract, the services, or duties must be returned or delivered to Chemonics at the
time of the expiration or termination of the subcontract. The Subcontractor agrees not to publish
or make use of any of the intellectual property, or documents relating thereto, without the prior
written approval of Chemonics and proper attribution.
25 | P a g e
Section F.
Indemnity and Subcontractor Waiver of Benefits
(a) The Subcontractor waives any additional benefits and agrees to indemnify and save harmless
Client and Chemonics, their officers, directors, agents, and employees from and against any and
all claims and liability, loss, expenses, suits, damages, judgments, demands, and costs (including
reasonable legal and professional fees and expenses) arising out of:
(1) the acts or omissions of Subcontractor, its employees, officers, directors, agents or its
subcontractors;
(2) injury or death to persons, including officers, directors, employees, agents and
subcontractors of Subcontractor, or loss of or damage to property, or fines and penalties
which may result, in whole or in part, by reason of the buying, selling, distribution, or use of
any of the goods or services purchased or provided under this Subcontract except to the
extent that such damage is due to the negligence of Chemonics;
(3) the infringement or violation of any patent, copyright, trademark, service mark, trade
secret, or other proprietary interest of any third party resulting from Chemonics’ use,
distribution, sale, sublicensing, or possession of the goods (including software and all forms
of written materials) or services purchased or provided, as authorized hereunder, or from the
use or possession of said goods or services by Client, as authorized hereunder; or false claims
submitted by Subcontractor or its subcontractors under this Subcontract or as a result of a
Subcontractor misrepresentation of fact or fraud by Subcontractor.
(b) Subcontractor shall defend and settle at its sole expense all suits or proceedings arising out of
the foregoing, provided that Subcontractor has notice or is given prompt written notice of such
claim or suit and, further, that Subcontractor shall be given necessary information, reasonable
assistance and the authority to defend such claim or suit. Subcontractor shall not settle,
compromise or discharge any pending or threatened suit, claim or litigation, arising out of, based
upon, or in any way related to the subject matter of this subcontract and to which Chemonics is
or may reasonably be expected to be a party, unless and until Subcontractor has obtained a
written agreement, approved by Chemonics (which shall not be unreasonably withheld) and
executed by each party to such proposed settlement, compromise or discharge, releasing
Chemonics from any and all liability.
(c) If any of the goods or services provided by Subcontractor hereunder, including without
limitation software and all forms of written materials, become the subject of a claim of
infringement or violation of a third party's intellectual property, privacy and/or proprietary rights,
Subcontractor shall, at its own expense, use its best efforts-(1) to procure for Chemonics the right to continue use and, if authorized under this
Subcontract, distribution of the infringing goods or services or,
26 | P a g e
(2) to modify the goods or services to make them non-infringing, or to replace them with
equivalent, non-infringing counterparts.
If none of the above mentioned can be successfully implemented, then Subcontractor shall
refund to Chemonics all monies paid Subcontractor for the infringing goods and services.
Section G.
Compliance with Applicable Laws and Standards
The Subcontractor shall perform all work in accordance with all applicable laws,
ordinances, codes, regulations, and other authoritative rules of the United States and of (insert
name of country) and its political subdivisions and with the standards of relevant licensing
boards and professional associations. The Subcontractor shall also comply with the applicable
USAID regulations governing this fixed price subcontract, which are incorporated by reference
into this subcontract, and appear in Section P., Clauses Incorporated by Reference.
Section H.
Governing Law and Resolution of Disputes
(a) Governing Law. This Subcontract, including any disputes related thereto, shall be governed
by the laws of the District of Columbia.
(b) Disputes with the Government. Chemonics’ Prime Contract with the Government is subject
to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Any claim arising out of
the performance of this Subcontract that relates to any decision of the Government under the
prime contract must be resolved in accordance with the clause at FAR 52.233-1 Disputes, which
is incorporated herein by reference.
(1) Any decision of the Government under the Prime Contract, if binding on Chemonics,
shall also bind the Subcontractor to the extent that it relates to this Subcontract, provided that
Chemonics shall have promptly notified the Subcontractor of such decision and, if requested
by Subcontractor, shall have brought suit or filed claim, as appropriate against the
Government, or, in alternative, agreed to sponsor Subcontractor’s suit or claim. A final
judgment in any such suit or final disposition of such claim shall be conclusive upon
Chemonics and the Subcontractor.
(2) For any action brought or sponsored by Chemonics on behalf of the Subcontractor
pursuant to this clause, the Subcontractor agrees to indemnify and hold Chemonics harmless
from all costs and expenses incurred by Chemonics in prosecuting or sponsoring any such
appeal.
(c)
Disputes between the Parties. The following procedures shall govern the resolution of
any controversy, dispute or claim between or among “Parties,” arising out of the interpretation,
performance, breach or alleged breach of this Subcontract (“Dispute”) that is covered by (b)
above.
(1) Negotiation. The Parties shall promptly attempt to resolve any Dispute by negotiation in
the normal course of business. If, after good faith efforts, the Dispute is not resolved, either
Party may request in writing that the Dispute be resolved via Executive Consultation
27 | P a g e
pursuant to subparagraph (2) below.
(2) Executive Consultation. For Disputes submitted to Executive Consultation, each Party
shall designate a senior company official with authority and responsibility for attempting to
resolve the matter. For Chemonics, such designee shall be a Senior Vice President, or a
person at a higher level of authority. For Subcontractor, such designee shall be a {insert level
of authority} or a person at a higher level of authority. The Party initiating the claim shall
provide, in addition to documents supporting the claim, a brief summary of the claim, its
perception of the positions of the Parties and any perceived barriers to settlement of the case.
The summary may be submitted directly to the designated Party Executive. Within 30
calendar days after delivery of the claim summary, the Parties shall meet and attempt to
resolve the Dispute. If the Dispute is not resolved within 45 days from submission of the
claim summary, or such other amount of time as agreed between the Parties, the claiming
Party may proceed under subparagraph (3) below.
(3) Arbitration. Any controversy or claim between the Parties arising out of or relating to this
Subcontract, or the breach thereof, that has not been resolved by Executive Consultation,
shall be settled by arbitration administered by the American Arbitration Association in
accordance with its Commercial Arbitration Rules, including the Optional Rules for
Emergency Measures of Protection, unless otherwise provided herein. The arbitrators shall
not be empowered to award damages in excess of compensatory damages and each Party
expressly waives and foregoes any right to punitive, exemplary, or similar damages. Each
Party will bear the cost of its own Attorney-Fees. The Arbitration shall be in Washington,
D.C., unless otherwise agreed between the Parties.
(d) Obligation to perform work. Subcontractor shall diligently proceed with the performance of
work pending final resolution of any Dispute.
Section I.
Organizational Conflicts of Interest
It is understood and agreed that some of the work performed under this subcontract may
place the Subcontractor or its personnel in the position of having an organizational conflict of
interest. Such an organizational conflict of interest may impair the objectivity of the
Subcontractor or its personnel in performing the work. To preclude or mitigate any potential
conflicts of interest, Subcontractor agrees not to undertake any activity which may result in an
organizational conflict of interest without first notifying name of project of such potential
conflict of interest and receiving name of project’s written approval to undertake such activities.
Section J.
(a)
Anti-Kickback (Corruption)
Definitions.
28 | P a g e
Kickback, as used herein, means any money, fee, commission, credit, gift, gratuity, thing of
value, or compensation of any kind, which is provided, directly or indirectly, to Chemonics, the
(insert name of project ) project office or any of its employees, the Subcontractor or Subcontractor
employees, or vendors in any way related to the performance or subsequent activities of this
subcontract, for the purpose of improperly obtaining or rewarding favorable treatment in connection
with this subcontract.
Person, as used in this clause, means a corporation, partnership, business association of any
kind, trust, joint-stock company, or individual.
Subcontractor employee, as used in this clause, means any officer, partner, employee, or
agent of the Subcontractor.
(b)
The Subcontractor and its employees, whether directly or indirectly engaged in the
performance of this subcontract, agree to abide by the terms of The United States Anti-Kickback Act
of 1986, which prohibits any person from providing or attempting to provide any kickback;
soliciting, accepting, or attempting to accept any kickback; or including, directly or indirectly, the
amount of any kickback in the contract price charged by the Subcontractor to Chemonics.
When the Subcontractor has reasonable grounds to believe that a violation described in paragraph (b)
of this provision may have occurred, the Subcontractor shall promptly report in writing the possible
violation. Such reports shall be made to Chemonics, who shall forward the report to the USAID
Inspector General for investigation.
The Subcontractor further agrees to cooperate fully with any United States Government agency
investigating a possible violation described in paragraph (b) of this clause.
Chemonics may offset the amount of the kickback against any monies owed by Chemonics under
this fixed price subcontract or order the monies withheld from future payments due the
Subcontractor.
The Subcontractor agrees to include the substance of this provision in any contract it may issue under
this subcontract.
Section K.
Terrorist Financing Prohibition
The Subcontractor is reminded that U.S. Executive Orders and U.S. law prohibits transactions
with, and the provision of resources and support to, individuals and organizations associated with
terrorism. It is the legal responsibility of the Subcontractor to ensure compliance with these
Executive Orders and laws. This provision must be included in all subcontracts issued under this
subcontract.
Section L.
Set-Off Clause
Chemonics reserves the right of set-off against amounts payable to Subcontractor under this
Subcontract or any other agreement the amount of any claim or refunds Chemonics may have against
Subcontractor.
Section M.
Assignment and Delegation
This Subcontract agreement may not be assigned or delegated, in whole or in part, by the
Subcontractor without the written consent of Chemonics. Absent such consent, any assignment is
void.
Section N.
Branding Policy
Marking of subcontract deliverables shall comply with the USAID “Graphic Standard
Manual” available at www.usaid.gov/branding, or any successor branding policy.
Section O.
Subcontractor Performance Standards
(a) Subcontractor agrees to provide the services required hereunder in accordance with the
requirements set forth in this Subcontract. Subcontractor undertakes to perform the services
hereunder in accordance with the highest standards of professional and ethical competence and
integrity in Subcontractor’s industry and to ensure that employees assigned to perform any services
under this subcontract will conduct themselves in a manner consistent therewith. The services will be
rendered by Subcontractor: (1) in an efficient, safe, courteous, and businesslike manner; (2) in
accordance with any specific instructions issued from time to time by Chemonics; and (3) to the
extent consistent with items (1) and (2), as economically as sound business judgment warrants.
Subcontractor shall provide the services of qualified personnel through all stages of this subcontract.
Subcontractor represents and warrants that it is in compliance with all the applicable laws of the
United States and any other Jurisdiction in which the services shall be performed. Subcontractor
shall perform the services as an independent Subcontractor with the general guidance of Chemonics.
The Subcontractor’s employees shall not act as agents or employees of Chemonics.
(b) Chemonics reserves the right to request the replacement of Subcontractor personnel and may
terminate the subcontract due to nonperformance by the Subcontractor.
(c) Chemonics will use a variety of mechanisms to stay abreast of the Subcontractor’s performance
under the subcontract, and of general progress toward attainment of the subcontract objectives. These
may include:





Business meetings between the subcontract team, Chemonics and/or USAID
Feedback from key partners
Site visits by Chemonics personnel
Meetings to review and assess periodic work plans and progress reports
Reports
Section P.
Clauses Incorporated by Reference
This fixed price subcontract incorporates the following clauses of the Federal Acquisition
Regulations (48 Code of Federal Regulations, Chapter 1) and AID Acquisition Regulations (48 Code
of Federal Regulations, Chapter 7) by reference, with the same force and effect as if they were given
in full text. The full text is available at https://www.acquisition.gov/comp/far/index.html and
http://www.usaid.gov/policy/ads/300/aidar.pdf. Modifications which apply to this fixed price
subcontract appear after each clause. It is understood and agreed that the Subcontractor may be
obligated by and to Chemonics for any specifications or documentation required of Chemonics under
these clauses, and that references to the Contractor may also refer to the Subcontractor. The
Subcontractor hereby agrees to abide by the terms and conditions imposed by these clauses. With
respect to documentation and approvals required under these clauses, all such documentation and
approvals shall be submitted to or requested from Chemonics.
References in the text of incorporated clauses to "the Government," "USAID," or
"Contracting Officer" may, depending on their context, refer to "Chemonics," and references to “the
Contractor" may refer to the "Subcontractor."
(This list of FARs and AIDARs is applicable only to local subcontractors performing work in the
cooperating country. Firms that are not local should use the flow-down list applicable to US
subcontractors. Delete these bracketed instructions and the inapplicable list of FARs and AIDARs,
depending upon whether Subcontractor is a U.S. or local subcontractor.)
Federal Acquisitions Regulation (FAR) Clauses
FAR Clause Number
52.202-1
52.203-3
52.203-6
52.203-7
52.203-11
52.203-12
52.209-6
52-215-2
52.215-12
52.215-13
52.215-14
52.222-50
52.225-13
52.225-14
52.227-1
52.227-2
52.227-9
52.228-3
52.229-6
52.242-15
52.243-1 (Alt III)
52.246-4
52.246-25
52.249-1
52.249-8
Title and Year
Definitions (DEC 2001)
Gratuities (APR 1984)
Restriction on Subcontractors Sale to the Government (JUL
1995)
Anti-Kickback Procedures (JUL 1995)
Certification and Disclosure Regarding Payments to Influence
Certain Federal Transactions (5/97)
Limitation of Payment to Influence Certain Federal
Transactions (6/97)
Protecting the Government’s Interest when Subcontracting
with Contractors Debarred, Suspended, or Proposed for
Debarment (7/95)
Audit and Records-Negotiation (6/99)
Subcontractor Cost or Pricing Data (10/97) [only if they
exceed $650,000]
Subcontractor Cost or Pricing Data Modifications (10/97)
[only if they exceed $650,000]
Integrity of Unit Prices (10/97)
Combating Trafficking in Persons (2/09)
Restriction on Certain Foreign Purchases (7/2000)
Inconsistency between English version and Translation of
Contract (2/200)
Authorization and Consent (7/95) [patents]
Notice and Assistance Regarding Patent and Copyright
Infringement (8/1996)
Refund of Royalties (4/84)
Workers’ Compensation Insurance (Defense Base Act)
(04/1984)
Taxes - Foreign Fixed price Contracts (01/91)
Stop-Work Order (4/84)
Changes-Fixed price (8/87)
Inspection of Services – Fixed price (8/96)
Limitation of Liability – Services (2/1997)
Termination for Convenience of the Government (FixedPrice) (Short Form) (4/84)
Default (4/84)
Agency for International Development Acquisitions Regulation (AIDAR Clauses)
AIDAR Number
752.202 Alt.70 and Alt.72
752.211-70
752.225-70
752.225-71
752.228-3
752.228-70
752.7005
752.7009
752.7025
752.7027
752.7032
752.7034
752.7101
Title and Year
Definitions Alt. 70(01/1990)/Alt.72 (01/1990)
Language and Measurement [especially provision in (a)]
(06/1992)
Source, Origin and Nationality Requirements (02/1997)
Local Procurement (02/1997) *Only if authorized to procure
non-expendables.
Worker’s Compensation Insurance (Defense Base Act)
Medical Evacuation (MEDEVAC) Services*coverage
applicable to all US citizen, US resident alien, and TCN
employees and their authorized dependents while overseas.
Submission Requirements for Development Experience
Documents (10/1997)
Marking (01/1993)
Approvals (4/1984)
Personnel (12/1990)
International Travel Approval and Notification (01/1990)
*Only if international travel is required.
Acknowledgement and disclaimer (12/1991)
Voluntary Population Planning Activities (6/2008) *If a
subcontract with family planning activities is contemplated,
add “Alternate 1(6/2008)” to the clause name.
(This list of FARs and AIDARs is applicable only to U.S. subcontractors performing any work in
the cooperating country. Subcontracts with local firms should use the alternative list provided above
instead. Delete these bracketed instructions and the inapplicable list of FARs and AIDARs,
depending upon whether Subcontractor is a U.S. or local subcontractor.)
Federal Acquisitions Regulation (FAR) Clauses
FAR Clause Number
52.202-1
52.203-3
52.203-6
52.203-7
52.203-11
52.203-12
52.209-6
52-215-2
52.215-12
52.215-13
Title and Year
Definitions (DEC 2001)
Gratuities (APR 1984)
Restriction on Subcontractors Sale to the Government (JUL
1995)
Anti-Kickback Procedures (JUL 1995)
Certification and Disclosure Regarding Payments to Influence
Certain Federal Transactions (5/97)
Limitation of Payment to Influence Certain Federal
Transactions (6/97)
Protecting the Government’s Interest when Subcontracting
with Contractors Debarred, Suspended, or Proposed for
Debarment (7/95)
Audit and Records-Negotiation (6/99)
Subcontractor Cost or Pricing Data (10/97) [only if they
exceed $650,000]
Subcontractor Cost or Pricing Data Modifications (10/97)
[only if they exceed $650,000]
52.215-14
52.219-8
52.219-9
52.222-21
52.222-22
52.222-26
52.222-35
52.222-36
52.222-37
52.222-50
52.223-6
52.225.-13
52.227-1
52.227-2
52.227-9
52.228-4
52.229-6
52.242-15
52.243-1 (Alt III)
52.246-4
52.246-25
52.247-63
52.247-64
52.249-1
52.249-8
Integrity of Unit Prices (10/97)
Utilization of Small Business Concerns (10/2001)
Small
Business
Subcontracting
Plan
(10/2001)
[subcontracting possibilities expected to exceed $650,000]
Prohibition of Segregated Facilities (2/99)
Previous Contracts and Compliance Report (2/99)
Equal Opportunity (2/99)
Equal Opportunity for Disabled Veterans, Veterans of the
Vietnam Era, and Other Eligible Veterans (4/98)
Affirmative Action for Workers with Disabilities (6/98)
Employment Reports on Special Disabled Veterans, Veterans
of the Vietnam Era, and Other Eligible Veterans (1/99)
Combating Trafficking in Persons (2/09)
Drug Free Workplace (1/2001)
Restriction on Certain Foreign Purchases (7/2000)
Authorization and Consent (7/95) [patents]
Notice and Assistance Regarding Patent and Copyright
Infringement (8/1996)
Refund of Royalties (4/84)
Worker’s compensation and War-Hazard Insurance Overseas
(4/84)
Taxes-Foreign Fixed price Contracts (01/91)
Stop-Work Order (4/84)
Changes-Fixed price (8/87)
Inspection of Services – Fixed price (8/96)
Limitation of Liability – Services (2/1997)
Preference for US Flag Air Carriers (1/1997)
Preference for Privately Owned US-Flagged Commercial
Vessels (6/97)
Termination for Convenience of the Government (FixedPrice) (Short Form) (4/84)
Default (4/84)
Agency for International Development Acquisitions Regulation (AIDAR Clauses)
AIDAR Number
752.202 Alt.70 and Alt.72
752.211-70
752.225-70
752.225-71
752.228-3
752.228-9
752.228-70
752.245-70
752.247-70
Title and Year
Definitions Alt. 70(01/1990)/Alt.72 (01/1990)
Language and Measurement [especially provision in (a)]
(06/1992)
Source, Origin and Nationality Requirements (02/1997)
Local Procurement (02/1997) *Only if authorized to procure
non-expendables.
Worker’s Compensation Insurance (Defense Base Act)
Cargo Insurance
Medical Evacuation (MEDEVAC) Services
Government Property-USAID Reporting Requirements.*Only
if authorized to procure non-expendables
Preference for Privately Owned U.S. Flag Commercial
Vessels
752.7005
752.7009
752.7025
752.7027
752.7032
752.7033
752.7034
752.7101
Submission Requirements for Development Experience
Documents (10/1997)
Marking (01/1993)
Approvals (4/1984)
Personnel (12/1990)
International Travel Approval and Notification (01/1990)
Physical Fitness (7/1997)
Acknowledgement and disclaimer (12/1991)
Voluntary Population Planning Activities (6/2008) *If a
subcontract with family planning activities is contemplated,
add “Alternate 1(6/2008)” to the clause name.