1.0 SERVICE IDENTIFICATION AND LABORATORY CERTIFICATION
REQUIREMENTS a) The USAID | DELIVER PROJECT is seeking providers of Quality Assurance
Pharmaceutical Laboratory Testing Services b) To be considered for pre-selection by the USAID | DELIVER PROJECT providers must either be WHO Pre-Qualified or ISO 17025 certified .
2.0 MINIMUM DOCUMENTATION REQUIREMENTS
The manufacturer must provide documentation that includes at a minimum:
Technical Documentation a) A brief introduction to your company. b) Evidence of current WHO pre-qualification and / or current ISO 17025 certification c) Total number of staff. d) Quantity of lots of WHO prequalified products that have been tested over the past two years. Please itemize for each formulation type with method reference (such as USP, BP, Ph.Int.) and the approximate per lot turn-around time upon receipt of sample. Please provide as much detail as possible as to which specific tests were performed within each monograph (i.e., assay, content uniformity, dissolution, etc.). e) Past Performance References – Details of past performance on major Quality
Assurance Pharmaceutical Laboratory Testing Services contracts with details of
John Snow, Inc.
1616 North Fort Myer Drive, 16th Floor
Arlington, VA 22209 USA www.deliver.jsi.com
Phone: 703-528-7474
Fax: 703-528-7480
Email: deliver_project@jsi.com

the client, donor, end user/program together with referee contact details f) Financial Statements – the last three years audited Year End financial statements. g) Legal Capacity - Legal certificate of registration / incorporation of the laboratory. h) Signed Representations and Certifications – Please see Appendix A.
3.0 EXPRESSION OF INTEREST SUBMISSION AND FORMAT a) Expressions of Interest should be submitted via email to cguy@jsi.com
.
4.0 ADDITIONAL DOCUMENTATION REQUIREMENTS a) The USAID | DELIVER PROJECT reserves the right to request additional information, documentation and clarifications as required from all providers. b) The USAID | DELIVER PROJECT reserves the right to make multiple pre-selections, no pre-selections or to cancel this request for Expressions of Interest at its sole discretion.
5.0 AGREEMENTS AND CLAUSES a) This Request for Expressions of Interest contemplates the competitive establishment of one or more agreements with multiple vendors under which individual purchase orders will be issued as required. Purchase Orders shall incorporate the clauses as provided in Appendix
B.

ATTACHMENTS
1. Certification Regarding: Prohibition on the Promotion or Advocacy of the Legalization or
Practice of Prostitution or Sex Trafficking (Acquisition) (June 2010)
2. Contractor Code of Business Ethics (April 2010)
3. Information Regarding Responsibility Matters (April 2010)
4. Certification of Toxic Chemical Release Reporting (August 2003)
5. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep
2007)
6.
Certification Regarding Debarment, Suspension, or Proposed Debarment (December 2010)
The following Representations and Certifications are required to be submitted with your expression of interest. Non adherence to these requirements may result in disqualification.

As a condition of accepting a subcontract under this Request for Expressions of Interest, the selected vendor is required to certify to the following mandatory clause:
Prohibition on the Promotion or Advocacy of the Legalization or Practice of Prostitution or Sex
Trafficking (Acquisition) (June 2010)
(a) This contract is authorized under the United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (Pub.L. No. 108-25), as amended. This Act enunciates that the U.S. Government is opposed to prostitution and related activities, which are inherently harmful and dehumanizing, and contribute to the phenomenon of trafficking in persons. The contractor shall not use any of the funds made available under this contract to promote or advocate the legalization or practice of prostitution or sex trafficking. Nothing in the preceding sentence shall be construed to preclude the provision to individuals of palliative care, treatment, or post-exposure pharmaceutical prophylaxis, and necessary pharmaceuticals and commodities, including test kits, condoms, and, when proven effective, microbicides.
(b)(I) Except as provided in (b)(2) and (b)(3), by its signature of this contract or subcontract for HIV I
AIDS activities, a non-governmental organization or public international organization awardee/sub awardee agrees that it is opposed to the practices of prostitution and sex trafficking because of the psychological and physical risks they pose for women, men, and children. [1 0]
10 The following footnote should only be included in awards to Alliance for Open Society International
(AOSI), Pathfinder, or a member of GHC or InterAction (with the exception of DKT International, Inc.):
(b)(2) The following organizations are exempt from (b)(I): the Global Fund to Fight AIDS, Tuberculosis and Malaria; the World Health Organization; the International AIDS Vaccine Initiative; and any United
Nations agency. (b)(3) Contractors and subcontractors are exempt from (b)(I) if the contract or subcontract is for commercial items and services as defined in FAR 2.101, such as pharmaceuticals, medical supplies, logistics support, data management, and freight forwarding.
(b)(4)Notwithstanding section (b)(3), not exempt from (b)(I) are contractors and subcontractors that implement HIV I AIDS programs under this contract or subcontract by: (i) providing supplies or services directly to the final populations receiving such supplies or services in host countries;
(ii) providing technical assistance and training directly to host country individuals or entities on the provision of supplies or services to the final populations receiving such supplies and services; or
(iii) providing the types of services listed in FAR 37 .203(b)( 1 )-( 6) that involve giving advice about substantive policies of a recipient, giving advice regarding the activities referenced in (i) and (ii), or making decisions or functioning in a recipient's chain of command (e.g., providing managerial or supervisory services approving financial transactions, personnel actions).
(c) The following definitions apply for purposes of this provision:
"Commercial sex act" means any sex act on account of which anything of value is given to or received by any person.
"Prostitution" means procuring or providing any commercial sex act and the "practice of prostitution" has the same meaning.

"Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act. 22 U.S.C. 7102(9).
(d) The contractor shall insert this provision in all subcontracts.
(e) Any violation of this provision will result in the immediate termination of this award by USAID.
(f) This provision does not affect the applicability of FAR 52.222-50 to this contract.
The Offeror (below named organization or firm) certifies that it has ( ) has not ( ) instituted a policy explicitly opposing prostitution and sex trafficking as required under this Request for Proposal and any possible subsequent subcontract.
Offeror: _______________________________________
Authorized Signatory: _______________________________________
Print Signatory Name: _______________________________________
Title: _______________________________________
__________________ Date:

As a condition of accepting a subcontract under this Request for Expressions of Interest, the selected vendor is required to certify to the following mandatory clause:
CONTRACTOR CODE OF BUSINESS ETHICS (APR 2010)
In accordance with FAR 52.203-13, CONTRACTOR CODE OF BUSINESS ETHICS (APR 2010) the subcontractor ____ has ____ does not have current active Federal contracts and grants with total value greater than $5,000,000. The subcontractor ____ is____is not a small business. The duration of the subcontract is____is not____ less than 120 days. The subcontractor has____does not have___ a Code of Business Ethics which has been provided to employees. The subcontractor is ___ is not___ exempt from the Code of Business Ethics. In accordance with the subcontractor’s Code of Business
Ethics the contractor has ____does not have____a Business Ethics Awareness and Compliance
Program that encourages and otherwise promotes a culture of ethical conduct and commitment to comply with the law and an internal control system that prevents and detects criminal conduct. In accordance with the Business Ethics Awareness and Compliance Program the subcontractor does___does not____ provide effective training to employees in this area.
The subcontractor shall disclose, in writing, to the prime contractor and the agency office of the
Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the subcontractor has credible evidence that a principal, employee, agent, or subcontractor of the subcontractor has committed a violation of Federal Criminal law involving fraud, conflict of interest, bribery, or gratuity violations in Title 18 of the US Code or a violation of the civil False Claims Act.
_____________________________________
Signature
_____________________________________
Printed Name
_____________________________________
Company Name
_____________________________________
Date

As a condition of accepting a subcontract under this Request for Expressions of Interest, the selected vendor is required to certify to the following mandatory clause:
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)
(a) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(b) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity
Information System (F APIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(l) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in-
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1 )(i), (c)(1 )(ii), or (c)(1 )(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall enter the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in F
APIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).
"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

___________________________________________
Signature
___________________________________________
Printed Name
___________________________________________
Company Name
___________________________________________
Date

As a condition of accepting a subcontract under this Request for Expressions of Interest , the selected vendor is required to certify to the following mandatory clause:
52.223.13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)
By signing this offer, the offeror certifies that:
1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency
Planning and Community Right-to-Know Act of 1986, (EPCRA) and requirement section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form
(Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of EPA; or
2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: (check each block that is applicable)
3) ( ) (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in
40 CFR 372.65;
4) ( ) (ii) The facility does not have 10 or more full-time employees as specified in section
313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);
5) ( ) (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR
372.27, provided an appropriate certification from has been filed with EPA);
6) ( ) (iv) The facility does not fall within the following Standard Industrial Classification
(SIC)codes or their corresponding North American Industry Classification System sectors:
(A) Major group code 10 (except 1011, 1081, and 1094,
(B) Major group code 12 (except 1241)
(C) Major group codes 20 through 39.
(D) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce).
(E) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (41 U.S.C 6921 et seq.), or 5169, or 5171, or 7389
(limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or
( ) (v) The Facility is not located in the United States or its outlying areas.
______________________________________
Signature
______________________________________
Printed Name
______________________________________
Organization and Date

As a condition of accepting a subcontract under this Request for Expressions of Interest , the selected vendor is required to certify to the following mandatory clause:
52.203-11Certification and Disclosure Regarding Payments to Influence Certain Federal
Transactions (SEP 2007)
Please complete OMB Standard Form LLL which is attached and the certification below:
The offeror, by signing its offer, herby certifies to the best of its knowledge and belief that no
Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.
If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to who payments of reasonable compensation were made.
___________________________________
Signature
___________________________________
Printed Name
___________________________________
Company
___________________________________
Date

ATTACHMENT 6
REQUIRED CERTIFICATION
As a condition of accepting a subcontract under this Request for Expressions of Interest , the selected vendor is required to certify to the following mandatory clause:
Protecting the Government’s Interest When Subcontracting with Contractors Debarred,
Suspended, or Proposed for Debarment (DEC 2010)
This is___is not___ a commercial subcontract. This subcontract is ___ is not___ for the procurement of off-the-shelf items. The total price of the subcontract is___is not___greater
$30,000.
The subcontractor or its principals have ____ or have not ____ been debarred, suspended, or proposed for debarment.
______________________________________
Signature
______________________________________
Printed Name
______________________________________
Company Name
______________________________________
Date

Clauses Incorporated by Reference in accordance with FAR 52.252-2 (FEB 1998). This subcontract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far
The following clauses are incorporated by reference. Whenever the term "Government" is used, “JSI” shall be substituted.
Wherever the term "Contracting Officer" is used, the "JSI IQC Manager or designee(s)" shall be substituted.
FEDERAL ACQUISTION REGULATION (48 CFR Chapter 1) CLAUSES
52.209-7
52.209-8
52.211-5
52.211-11
52.215-2
52.215-14
52.222-50
52.222-50
52.223-13
52.223-14
52.223-18
52.225-13
52.227-14
52.229-6
52.233-1
52.202-1
52.203-3
52.203-5
52.203-6
52.203-7
52.203-12
52.203-13
52.203-14
52.209-6
52.233-4
52.242-17
52.243-1
52.244-5
52.244-6
52.245-1
52.245-9
52.246-2
52.246-4
52.246-15
52.247-48
52.247-64
52.249-2
52.249-4
DEFINITIONS
GRATUITIES
COVENANT AGAINST CONTINGENT FEES
RESTRICTIONS ON SUBCONTRACTOR SALES TO THE
GOVERNMENT
ANTI-KICKBACK PROCEDURES
LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS
CONTRACTOR CODE OF BUSINESS ETHICS
DISPLAY OF HOTLINE POSTER(S)
PROTECTING THE GOVERNMENT’S
INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED,
OR PROPOSED FOR DEBARMENT
INFORMATION REGARDING RESPONSIBILITY MATTERS
UPDATES OF INFORMATION REGARDING
RESPONSIBILITY MATTERS
MATERIAL REQUIREMENTS
LIQUIDATED DAMAGES – SUPPLIES, SERVICES OR R AND D
APR 2010
APR 2010
AUG 2000
SEP 2000
AUDIT AND RECORDS ALTERNATE I
INTEGRITY OF UNIT PRICES
COMBATING TRAFFICKING IN PERSONS
ALTERNATE I
MAR 2009
OCT 2010
FEB 2009
AUG 2007
AUG 2003 CERTIFICATION OF TOXIC CHEMICAL RELEASE
REPORTING
TOXIC CHEMICAL RELEASE REPORTING AUG 2003
CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING SEP 2010
RESTRICTIONS-CERTAIN FOREIGN PURCHASES
RIGHTS IN DATA GENERAL
TAXES-FOREIGN FIXED-PRICE CONTRACTS
DISPUTES
APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM
GOVERNMENT DELAY OF WORK
CHANGES – FIXED PRICE
Alternate I (APR 1984)
COMPETITION IN SUBCONTRACTING
SUBCONTRACTS FOR COMMERCIAL ITEMS
GOVERNMENT PROPERTY
USE AND CHARGES
INSPECTION OF SUPPLIES -- FIXED-PRICE
INSPECTION OF SERVICES -- FIXED-PRICE
CERTIFICATE OF CONFORMANCE
F.O.B. DESTINATION-EVIDENCE OF SHIPMENT
PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG
COMMERCIAL VESSELS
TERMINATION FOR CONVENIENCE OF THE
GOVERNMENT (FIXED PRICE)
TERMINATION FOR CONVENIENCE OF THE
GOVERNMENT (SERVICES)(SHORT FORM)
JUL 2004
APR 1984
APR 1984
SEP 2006
OCT 2010
OCT 2010
APR 2010
DEC 2007
DEC 2010
FEB 2006
JUN 1987
JUN 2003
JUL 2002
OCT 2004
APR 1984
AUG 1987
DEC 1996
JUN 2010
AUG 2010
AUG 2010
AUG 1996
AUG 1996
APR 1984
FEB 1999
FEB 2006
APR 1984
APR 1984

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)
A.I.D. ACQUISITION REGULATION (48 CFR Chapter 7) CLAUSES
731.205-71 SALARY SUPPLEMENTS FOR HOST GOVERNMENT
EMPLOYEES
752.202-1 USAID DEFINITIONS CLAUSE
APR 1984
JAN 1990
752.209-71
752.211-70
752.225-70
752.225-71
752.7009
Alt. 70
ORGANIZATIONAL CONFLICTS OF INTEREST
DISCOVERED AFTER AWARD
LANGUAGE AND MEASUREMENT
SOURCE, ORIGIN AND NATIONALITY REQUIREMENTS
(INCORPORATED BY REFERENCE)
LOCAL PROCUREMENT
MARKING
PROTECTION OF THE INDIVIDUAL AS A RESEARCH SUBJECT
JUN 1992
FEB 1997
FEB 1997
JAN 1993
AUG 1995 752.7012
Inspection/Acceptance.
The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. JSI reserves the right to inspect or test any supplies or services that have been tendered for acceptance. JSI may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price.
JSI must exercise its post acceptance rights –
(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
The JSI Project Director has unilateral authority to determine if the performance results have been met.
Language Requirements
Subcontractor personnel and/or consultant staff shall have language proficiency to perform technical services.
Invoice Requirements . Invoices shall be submitted prior to payment. Each invoice shall identify the subcontractor’s name, address, invoice number, dates of performance and specify the payment amount. It shall also include a reference to the purchase order number, and specify the deliverable that has been submitted as a requirement for payment. Upon acceptance of the deliverables by the JSI Project Director, payment shall be made to the subcontractor in local currency. A US dollar check may be wired into a local currency bank account held in the name of the subcontractor.
Termination for Convenience . JSI reserves the right to terminate this purchase order, or any part, for its convenience. In the event of such termination, the subcontractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of the purchase order, the Subcontractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the termination.
Termination for Cause. JSI reserves the right to terminate this purchase order, or any part, for cause in the event of any defaults by the Subcontractor, or if the Subcontractor fails to comply with the terms and conditions of the purchase order, or fails to provide JSI with adequate assurances of future performance. In the event of termination for cause, JSI shall not be liable for any amount of supplies or services not accepted, and the Subcontractor shall be liable to JSI for any and all rights and remedies provided by law.
Warrant . The subcontractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
Changes . Changes in the terms and conditions of this contract may be made only by written amendment issued by JSI.
Taxes . The contract price includes all applicable local taxes or duties, as may be applicable.
AAPD 05-04 Amendment 3 Prohibition On The Promotion Or Advocacy Of The Legalization Or Practice Of Prostitution
Or Sex Trafficking (Acquisition) (APRIL 2010) (a) This contract is authorized under the United States Leadership Against
HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Pub.L. No. 108-25), as amended. This Act enunciates that the U.S.
Government is opposed to prostitution and related activities, which are inherently harmful and dehumanizing, and contribute to the phenomenon of trafficking in persons. The contractor shall not use any of the funds made available under this contract to promote or advocate the legalization or practice of prostitution or sex trafficking. Nothing in the preceding sentence shall be

construed to preclude the provision to individuals of palliative care, treatment, or post-exposure pharmaceutical prophylaxis, and necessary pharmaceuticals and commodities, including test kits, condoms, and, when proven effective, microbicides.
(b)(I) Except as provided in (b)(2) and (b)(3), by its signature of this contract or subcontract for HIV I AIDS activities, a nongovernmental organization or public international organization awardee/subawardee agrees that it is opposed to the practices of prostitution and sex trafficking because of the psychological and physical risks they pose for women, men, and children. [1 0]
10 The following footnote should only be included in awards to Alliance for Open Society International (AOSI),Pathfinder, or a member of GHC or InterAction (with the exception of DKT International, Inc.):
(b)(2) The following organizations are exempt from (b)(I): the Global Fund to Fight AIDS, Tuberculosis and Malaria; the World
Health Organization; the International AIDS Vaccine Initiative; and any United Nations agency. (b)(3) Contractors and subcontractors are exempt from (b)(I) if the contract or subcontract is for commercial items and services as defined in FAR
2.101, such as pharmaceuticals, medical supplies, logistics support, data management, and freight forwarding.
(b)(4)Notwithstanding section (b)(3), not exempt from (b)(I) are contractors and subcontractors that implement HIV I AIDS programs under this contract or subcontract by: (i) providing supplies or services directly to the final populations receiving such supplies or services in host countries;
(ii) providing technical assistance and training directly to host country individuals or entities on the provision of supplies or services to the final populations receiving such supplies and services; or
(iii) providing the types of services listed in FAR 37 .203(b)( 1 )-( 6) that involve giving advice about substantive policies of a recipient, giving advice regarding the activities referenced in (i) and (ii), or making decisions or functioning in a recipient's chain of command (e.g., providing managerial or supervisory services approving financial transactions, personnel actions).
(c) The following definitions apply for purposes of this provision:
"Commercial sex act" means any sex act on account of which anything of value is given to or received by any person.
"Prostitution" means procuring or providing any commercial sex act and the "practice of prostitution" has the same meaning.
"Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act. 22 U.S.C. 7102(9).
(d) The contractor shall insert this provision in all subcontracts.
(e) Any violation of this provision will result in the immediate termination of this award by USAID.
(f) This provision does not affect the applicability of FAR 52.222-50 to this contract.
AAPD 07-03 Special Provision: “Prohibition on the Use of Federal Funds to Promote, Support, or Advocate the
Legalization or Practice of Prostitution – Tip Acquisition (MAY 2007)
(a) The U.S. Government is opposed to prostitution and related activities, which are inherently harmful and dehumanizing, and contribute to the phenomenon of trafficking in persons. None of the funds made available under this contract may be used to promote, support, or advocate the legalization or practice of prostitution. Nothing in the immediately preceding sentence shall be construed to preclude assistance designed to ameliorate the suffering of, or health risks to, victims while they are being trafficked or after they are out of the situation that resulted from such victims being trafficked.
(b) The contractor shall insert this clause, in its entirety, in all sub-awards under this award.
(c) This provision includes express terms and conditions of the contract and any violation of it shall be grounds for unilateral termination of the contract, in whole or in part, by USAID prior to the end of the term.
Terrorism . The Subcontractor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the responsibility of the
Subcontractor to ensure compliance with these Executive Orders and laws. This provision must be included in all
Subcontracts/subawards issued under this contract/agreement.
AAPD 04-17 USAID Disability Policy – Acquisition (December 2004)
(a) The objectives of the USAID Disability Policy are (1) to enhance the attainment of United States Foreign Assistance program goals by promoting the participation and equalization of opportunities of individuals with disabilities in USAID policy, country and sector strategies, activity designs and implementation; (2) to increase awareness of issues of people with disabilities both within USAID programs and in host countries; (3) engage other U.S. Government agencies, host country counterparts, governments, implementing organizations and other donors in fostering a climate of nondiscrimination against people with disabilities; and (4) to support international advocacy for people with disabilities. The full text of the policy paper can be found at the following website: http://www.usaid.gov/about/disability/disabPOL.FIN.html
.

(b) USAID therefore requires that the contractor not discriminate against people with disabilities in the implementation of
USAID program and that it make every effort to comply with the objectives of the USAID Disability Policy in performing this contract. To that end and within the scope of the contract, the contractor’s actions must demonstrate a comprehensive and consistent approach for including men, women and children with disabilities.
AAPD 05-04 Condoms (Acquisition) (June 2005)
Information provided about the use of condoms as part of projects or activities that are funded under this contract shall be medically accurate and shall include the public health benefits and failure rates of such use and shall be consistent with USAID’s fact sheet entitled, “USAID: HIV/STI Prevention and Condoms. This fact sheet may be accessed at: http://www.usaid.gov/our_work/global_health/aids/TechAreas/prevention/condomfactsheet.html
AAPD 08-01 752.7101 Voluntary Population Planning Activities (June 2008)
(d) Voluntary Participation and Family Planning Methods.
(1) The contractor agrees to take any steps necessary to ensure that funds made available under this contract will not be used to coerce any individual to practice methods of family planning inconsistent with such individual’s moral, philosophical, or religious beliefs. Further, the contractor agrees to conduct its activities in a manner which safeguards the rights, health and welfare of all individuals who take part in the program.
(2) Activities which provide family planning services or information to individuals, financed in whole or in part under this contract, shall provide a broad range of family planning methods and services available in the country in which the activity is conducted or shall provide information to such individuals regarding where such methods and services may be obtained.
(e) Requirements for Voluntary Family Planning Projects.
(1) A family planning project must comply with the requirements of this paragraph.
(2) A project is a discrete activity through which a governmental or nongovernmental organization or public international organization provides family planning services to people and for which funds obligated under this contract, or goods or services financed with such funds, are provided under this contract, except funds solely for the participation of personnel in short-term, widely attended training conferences or programs.
(3) Service providers and referral agents in the project shall not implements or be subject to quotas or other numerical targets of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning. Quantitative estimates of indicators of the number of births, acceptors, and acceptors of a particular method that are used for the purpose of budgeting, planning, reporting with respect to the project are not quotas or targets under this paragraph, unless service providers or referral agents in the project are required to achieve the estimates or indicators.
(4) The project shall not include the payment of incentives, bribes, gratuities or financial rewards to (i) any individual in exchange for becoming a family planning acceptor or (ii) any personnel performing functions under the project for achieving a numerical quota or tar4get of total number of births, number of family planning acceptors, or acceptors of a particular method of contraception. This restriction applies to salaries or payments paid or made to personnel performing functions under the project if the amount of the salary or payment increases or decreases based on a predetermined number of births, number of family planning acceptors, or number of acceptors of a particular method of contraception that the personnel affect or achieve.
(5) No person shall be denied any right or benefit, including the right of access to participate in any program of general welfare or health care, based on the person’s decision not to accept family planning services offered by the project.
(6) The project shall provide family planning acceptors comprehensible information about the health benefits and risks of the method chosen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to the use of the method. This requirement may be satisfied by providing information in accordance with the medical practices and standards and health conditions in the country where the project is conducted through counseling, brochures, posters, or package inserts.
(7) The project shall ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific study in which participants are advised of potential risks and benefits.
(8) With respect to projects for which USAID provides, or finances the contribution of, contraceptive commodities or technical services and for which there is not sub-contract or grant under this contract, the organization implementing a project for which such assistance is provided shall agree that the project will comply with the requirements of this paragraph while using such commodities or receiving such services.
(9) (i) The contractor shall notify USAID when it learns that an alleged violation in a project of the requirements of subparagraphs (3), (4), (5) or (7) of this paragraph; and
(ii) the contractor shall investigate and take appropriate corrective action, if necessary, when it learns about an alleged violation in a project of subparagraph (6) of this paragraph and shall notify USAID about violations in a project affecting a number of people over a period of time that indicate there is a systemic problem in the project.
(iii) The contractor shall provide USAID such additional information about violations as USAID may request.
(f) Additional Requirements for Voluntary Sterilization Programs.

(1) The contractor shall ensure that any surgical sterilization procedures supported in whole or in part by funds from this contract are performed only after the individual as voluntarily appeared at the treatment facility and has given informed consent to the sterilization procedure. Informed consent means the voluntary, knowing assent from the individual after being advised of the surgical procedures to be followed, the attendant discomforts and risks, the benefits to be expected, the availability of alternative methods of family planning, the purpose of the operation and its irreversibility, and the option to withdraw consent anytime prior to the operation. An individual’s consent is considered voluntary if it is based upon the exercise of free choice and is not obtained by any special inducement or any element of force, fraud, deceit, duress, or other forms of coercion or misrepresentation.
(2) Further, the contractor shall document the patient’s informed consent by
(i) a written consent document in a language the patient understands and speaks, which explains the basic elements of informed consent, as set out above, and which is signed by the individual and by the attending physician or by the authorized assistant of the attending physician; or
(ii) when a patient is unable to read adequately a written certification by the attending physician or by the authorized assistant of the attending physician that the basic elements of informed consent above were orally presented to the patient, and that the patient thereafter consented to the performance of the
(iii) operation. The receipt of this oral explanation shall be acknowledged by the patient’s mark on the certification and by the signature or mark of a witness who shall speak the same language as the patient.
(3)The contactor must retain copies of informed consent forms and certification documents for each voluntary sterilization procedure for a period of three years after performance of the sterilization procedure.
(g) The contractor shall insert this Alternate I in all subcontracts involving family planning activities.
Government Furnished Facilities or Property
(a) The Contractor and any employee or consultant of the Contractor is prohibited from using U.S. Government facilities (such as office space or equipment) or U.S. Government clerical or technical personnel in the performance of the services specified in the
Task Order unless the use of Government facilities or personnel is specifically authorized in the Task Order or is authorized in advance, in writing, by the CO.
(b) If at any time it is determined that the contractor, or any of its employees or consultants, have used U.S. Government facilities or personnel either in performance of the contract itself, or in advance, without authorization in, in writing, by the Contracting
Officer, then the amount payable under the contract shall be reduced by an amount equal to the value of the U.S. Government facilities or personnel used by the contractor, as determined by the contracting officer.
(c) If the parties fail to agree on an adjustment made pursuant to this clause it shall be considered a "dispute" and shall be dealt with under the terms of the "Disputes" clauses of the contract.
AAPD 10-04 Special Contract Requirements
Use of Synchronized Pre-deployment and Operational Tracker (SPOT) for Contractors Supporting a Diplomatic or Consular
Mission Outside the United States (supplement to FAR 52.225-19).
In accordance with paragraph (g) Personnel Data , of FAR clause 52.225-19 “Contractor Personnel in a Designated Operational
Area of Supporting a Diplomatic or Consular Mission Outside the United States (MAR 2008),“ the Contracting Officer hereby identifies DoD’s Synchronized Pre-deployment and Operational Tracker (SPOT) as the required system to use for this contract in
Afghanistan.
In accordance with Section 861 of the FY08 National Defense Authorization Act (FY08 NDAA), P.L. 110-181, USAID and the
Departments of Defense (DOD) and State (DOS) have entered into a Memorandum of Understanding (MOU) under which
USAID has agreed to establish a common database including information on contractors and contractor personnel performing work in Afghanistan. The MOU identifies SPOT as the common database to serve as the repository for this information.
Information with regard to Afghan nationals will be entered under procedures provided separately by the Contracting Officer. All contractor personnel must be accounted for in SPOT. Those requiring SPOT-generated Letters of Authorization (LOAs) must be entered into SPOT before being deployed to Afghanistan. If individuals requiring LOAs are already in Afghanistan at the time the contractor engages them or at the time of contract award, the contractor must immediately enter into SPOT each individual upon his or her becoming an employee or consultant under the contract. Contract performance may require the use of armed private security contractor personnel (PSCs). PSCs will be individually registered in SPOT. Personnel that do not require LOAs will still be required to be entered into SPOT for reporting purposes, either individually or using an aggregate tally methodology.
Procedures for using SPOT are available at http://www.dod.mil/bta/products/spot.html
.
Further guidance may be obtained from the Contracting Officer’s Technical Representative or the Contracting Officer. It is emphasized that SPOT applies to sub-awards and that this provision must be included in all sub-awards at any tier.

Confidentiality and Ownership of Intellectual Property
In accordance with FAR 52.227-14, RIGHTS IN DATA – GENERAL, all reports generated and data collected during this project shall be considered the property of USAID and shall not be reproduced, disseminated or discussed in open forum, other than for the purposes of completing the tasks described in this document, without the express written approval of a duly-authorized representative of USAID. All findings, conclusions and recommendations shall be considered confidential and proprietary.
Conflicts of Interest
(a) It is understood and agreed that some of the work required hereunder may place the Contractor, or its personnel or its subcontractors or their personnel (hereinafter referred to collectively as "Contractor"), in the position of having a potential personal or organizational conflict of interest (OCI), i.e., because of other activities or relationships with other persons, (1) the
Contractor is unable or potentially unable to render impartial assistance or advice; or (2) the Contractor's objectivity in performing the contract is or might be impaired; or (3) the Contractor may receive an unfair competitive advantage; or (4) the
Contractor may have a financial or other personal interest which would or potentially would impair his/her objectivity and/or from which he/she would improperly benefit. Further discussion of OCIs may be found in FAR 9.5.
(b) The performance/actions of personnel under this contract will be imputed to the Contractor (or subcontractor) by whom they are employed or retained, and the performance/actions of any subcontractor will be imputed to the Contractor, unless the
Contractor, on a case-by-case basis, can demonstrate otherwise and satisfy the Contracting Officer that such imputation is unreasonable.
(c) In accordance with the clause of this contract entitled "Organizational Conflicts of Interest Discovered After Award" (AIDAR
752.209-71), the Contractor agrees not to undertake any activity which may involve a personal conflict of interest or an OCI without first notifying the Contracting Officer of such potential conflict and receiving the Contracting Officer's authorization to undertake that activity.
(d) If the potential conflict relates to performance of the work hereunder (e.g., where the Contractor is to evaluate an activity in which the Contractor had some previous involvement, thereby rendering the Contractor unable or potentially unable to provide impartial assistance or advice, or impairing or potentially impairing the Contractor's objectivity), and the Contracting Officer cannot neutralize, mitigate, or avoid the conflict, the Contracting Officer may decline to authorize performance of that work by the Contractor.
(e) If the potential conflict relates to future activities (e.g., where the Contractor is to perform a needs assessment, feasibility study, or design/development of a project or activity to be procured under another contract for which the Contractor will or might compete or which may be awarded noncompetitively to the Contractor, thereby potentially providing an unfair competitive advantage to the Contractor, and/or rendering the Contractor unable or potentially unable to provide impartial assistance or advice, or impairing or potentially impairing the Contractor's objectivity; or where the work under this contract might affect the personal or financial interests of the Contractor), the Contracting Officer may decline to authorize performance of that work by the Contractor or, if such work is authorized, the Contracting Officer may place restrictions on the Contractor's future activities, as permitted by FAR 9.5., and as necessary to neutralize, mitigate, or avoid the potential conflict.
(f) The Contracting Officer's approval to undertake such activities, if given, may be based on the Contracting Officer's determination that a significant potential conflict does not exist or does not appear to exist, or may be conditioned on the acceptance by the Contractor of restrictions on the Contractor's future activities. If restrictions are to be placed on future activities, the Contractor may decline to perform the work.
(g) If it is discovered that the Contractor engaged in any activities which constitute a potential or actual conflict without having first obtained the Contracting Officer's approval to undertake such activities; or if it is subsequently discovered that, notwithstanding the Contracting Officer's authorization to undertake the activity based on his/her initial determination that no significant potential conflict existed or appeared to exist, a conflict did, in fact exist or arise, restrictions, as permitted by FAR
9.5, on the Contractor's future activities may be placed unilaterally by the Contracting Officer for this contract or the Contracting
Officer for such other contract as may be involved in the conflict, and other remedies (including termination of this contract for default, debarment or suspension, and those permitted by the clauses of this contract entitled "Cancellation, Recission, and
Recovery of Funds for Illegal or Improper Activity", FAR 52.203-8 and "Price or Fee Adjustment for Illegal or Improper
Activity", FAR 52.203-10, may be taken by USAID.

(h) If it is discovered that the Contractor engaged in any activities in violation of the restrictions placed by a Contracting Officer on the Contractor's future activities, other remedies (including termination of this contract for default, debarment or suspension, and those permitted by the clauses of this contract entitled "Cancellation, Recission, and Recovery of Funds for Illegal or
Improper Activity" FAR 52.203-8 and "Price or Fee Adjustment for Illegal or Improper Activity", FAR 52.203-10, may be taken by USAID.
(i) Nothing in this provision precludes the application of any other remedies available to USAID by law, regulation, or other provisions of this contract.
--End clauses--