August 10, 2016 Request for Proposals # RFP-WIG-00348 Monitoring and Evalution Data Collection Dear Sir or Madam, Chemonics Afghanistan Limited Management and Implementation Services (hereinafter referred to as “Chemonics”), under the USAID Promote: Women in Government, USAID Contract No. AID-306TO-15-00044/AID-306-I-14-00012, is issuing a Request for Proposals (RFP) for Monitoring and Evaluation Data Collection Support. The attached RFP contains all the necessary information for interested Offerors. USAID Promote: Women in Government project aims to increase and advance the number of women in the Afghan Civil Service, thereby promoting a more inclusive government that is responsive to the needs of the entire Afghan population, thus fostering a more democratic and stable state. USAID Promote: Women in Government will establish an internship program for educated young women to gain entry into the Afghan Civil Service and will make the operating environment safer for young women to work by tackling sexual harassment, policy gaps, and work environment issues for female employees. Chemonics invites companies or organizations interested in completing this work to submit their proposals to USAID Promote: Women in Government Subcontract Team at subcontracts@promotewig.com by 4:00 PM on August 23, 2016. Offers received after the specified time and date will be considered late and will be considered only at the discretion of Chemonics. Chemonics realizes that Offerors may have additional questions after reading this RFP. Please submit your questions a subcontracts@promotewig.com no later than August 16, 2016, and Chemonics will soon thereafter provide answers to all relevant questions received in email and an amendment will be posted on the ACBAR website on August 17, 2016. This RFP does not obligate Chemonics to execute a subcontract nor does it commit Chemonics to pay any costs incurred in the preparation and submission of the proposals. Furthermore, Chemonics reserves the right to reject any and all offers, if such action is considered to be in the best interest of Chemonics. Sincerely, Subcontracts and Procurement Unit USAID Promote: Women in Government 1 Request for Proposals RFP # RFP-WIG-00348 For the provision of Monitoring and Evaluation Data Collection Contracting Entity: Chemonics Afghanistan Limited Management and Implementation Services The Baron/Dreshak, Hawa Shanasi Road, Khawaja Rawash, Kabul, Afghanistan Funded by: United States Agency for International Development (USAID) Funded under: USAID Promote: Women in Government Prime Contract Number AID-306-TO-15-00044/AID-306-I-14-00012 ***** ETHICAL AND BUSINESS CONDUCT REQUIREMENTS ***** Chemonics is committed to integrity in procurement, and only selects suppliers based on objective business criteria such as price and technical merit. Chemonics expects suppliers to comply with our Standards of Business Conduct, available at http://www.chemonics.com/OurStory/OurMissionAndValues/Pages/default.aspx. Chemonics does not tolerate fraud, collusion among offerors, falsified proposals/bids, bribery, or kickbacks. Any firm or individual violating these standards will be disqualified from this procurement, barred from future procurement opportunities, and may be reported to both USAID and the Office of the Inspector General. Employees and agents of Chemonics are strictly prohibited from asking for or accepting any money, fee, commission, credit, gift, gratuity, object of value or compensation from current or potential vendors or suppliers in exchange for or as a reward for business. Employees and agents engaging in this conduct are subject to termination and will be reported to USAID and the Office of the Inspector General. In addition, Chemonics will inform USAID and the Office of the Inspector General of any supplier offers of money, fee, commission, credit, gift, and gratuity, object of value or compensation to obtain business. Offerors responding to this RFP must include the following as part of the proposal submission: Disclose any close, familial, or financial relationships with Chemonics or project staff. For example, if an offeror’s cousin is employed by the project, the offeror must state this. Disclose any family or financial relationship with other offerors submitting proposals. For example, if the offeror’s father owns a company that is submitting another proposal, the offeror must state this. Certify that the prices in the offer have been arrived at independently, without any consultation, communication, or agreement with any other offeror or competitor for the purpose of restricting competition. Certify that all information in the proposal and all supporting documentation are authentic and accurate. Certify understanding and agreement to Chemonics’ prohibitions against fraud, bribery and kickbacks. Please contact the USAID Promote: Women in Government project through ragner@promotewig.com with any questions or concerns regarding the above information or to report any potential violations. Potential violations may also be reported directly to Chemonics at to BusinessConduct@chemonics.com or by phone/Skype at 888.955.6881. 2 RFP Table of Contents List of Acronyms Section I Instructions to Offerors I.1 I.2 I.3 I.4 I.5 I.6 I.7 I.8 I.9 I.10 I.11 Introduction Offer Deadline Submission of Offers Requirements Source of Funding and Geographic Code Chronological List of Proposal Events Validity Period Evaluation and Basis for Award Negotiations Terms of Subcontract Privity Section II Background, Scope of Work, Deliverables, and Deliverables Schedule II.1. II.2. II.3. II.4. Background Scope of Work Deliverables Deliverables Schedule Section III Firm Fixed Price Subcontract (Terms and Clauses) Annex 1 Annex 2 Annex 3 Annex 4 3 Sample Proposal Cover Letter Guide to Creating Financial Proposal and Sample Budget Required Certifications DUNS and SAM Registration Guidance List of Acronyms CFR CO COP COR CV FAR M&E NICRA NGO RFP SAF U.S. USAID USAID/Afghanistan USG VAT SOPs 4 Code of Federal Regulations USAID Contracting Officer Chief of Party USAID Contracting Officer’s Representative Curriculum Vitae Federal Acquisition Regulations Monitoring and Evaluation Negotiated Indirect Cost Rate Agreement Nongovernmental organization Request for Proposals Strategic Activities Fund United States United States Agency for International Development USAID Mission in Afghanistan United States Government Value Added Tax Standard operating procedures Section I. I.1. Instructions to Offerors Introduction Chemonics, the Buyer, acting on behalf of the U.S. Agency for International Development (USAID) and the USAID Promote: Women in Government project, under contract number AID-306-TO-1500044/AID-306-I-14-00012 is soliciting offers from companies and organizations to submit proposals to participate with the project to carry out a Monitoring and Evaluation (M&E) Data Collection. The USAID Promote: Women in Government project aims to increase and advance the number of women in the Afghan civil service, thereby promoting a more inclusive government that is responsive to the needs of the entire Afghan population, thus fostering a more democratic and stable state. USAID Promote: Women in Government will establish an internship program for educated young women to gain entry into the Afghan civil service and will make the operating environment safer for young women to work by tackling sexual harassment, policy gaps, and work environment issues for female employees. Chemonics will issue award to one company or organization. The award will be in the form of a firm fixed price subcontract (hereinafter referred to as “the subcontract”. The successful Offeror shall be required to adhere to the statement of work and terms and conditions of the subcontract, which are incorporated in Section III herein. Offerors are invited to submit proposals in response to this RFP in accordance with Section I Instructions to Offerors, which will not be part of the subcontract. The instructions are intended to assist interested Offerors in the preparation of their offer. Any resulting subcontract will be guided by Sections II and III. This RFP does not obligate Chemonics to execute a subcontract nor does it commit Chemonics to pay any costs incurred in the preparation and submission of the proposals. Furthermore, Chemonics reserves the right to reject any and all offers, if such action is considered to be in the best interest of Chemonics. Unless otherwise stated, the periods named in the RFP shall be consecutive calendar days. I.2. Offer Deadline Offerors shall submit their offers electronically only. Emailed offers must be received by 4:00 pm on August 21, 2016 at the following email address: Subcontracts Team Sulaiman Raqeeb, Subcontracts and Procurement Manager subcontracts@promotewig.com Faxed offers will not be considered. Offerors are responsible for ensuring that their offers are received in accordance with the instructions stated herein. Late offers may be considered at the discretion of Chemonics. Chemonics cannot guarantee that late offers will be considered. 5 I.3 Submission of Offers Proposals must be submitted electronically only. A. Instructions for the Submission of Electronic Copies Separate technical and cost proposals must be submitted by email no later than the time and date specified in I.2. The proposals must be submitted to the point of contact designated in I.2. The Offeror must submit the proposal electronically with up to 3 attachments (5 MB limit) per email compatible with MX Word, MS Excel, readable format, or Adobe Portable Document (PDF) format in a Microsoft XP environment. Offerors must not submit zipped files. Those pages requiring original manual signatures should be scanned and sent in PDF format as an email attachment. The technical proposal and cost proposal must be kept separate from each other. Technical proposals must not make reference to pricing data in order that the technical evaluation may be made strictly on the basis of technical merit. I.4. Requirements To be determined responsive, an offer must include all of documents and sections included in I.4.A and I.4.B. A. General Requirements Chemonics anticipates issuing a subcontract to a company or organization, provided it is legally registered and recognized under the laws of Afghanistan and is in compliance with all applicable civil, fiscal, and other applicable regulations. Such a company or organization could include a private firm, non-profit, civil society organization, or university. Companies and organizations that submit proposals in response to this RFP must meet the following requirements: (i) Companies or organizations, whether for-profit or non-profit, must be legally registered under the laws of Afghanistan upon award of the subcontract. (ii) Firms operated as commercial companies or other organizations or enterprises (including nonprofit organizations) in which foreign governments or their agents or agencies have a controlling interest are not eligible as suppliers of commodities and services. (iii) Companies or organizations must have a local presence in Afghanistan at the time the subcontract is signed. (iv) Companies or organizations, whether for-profit or non-profit, shall be requested to provide a DUNS number if selected to receive a subaward valued at USD$30,000 or more, unless exempted in accordance with information certified in the Evidence of Responsibility form included in the required certifications in Annex 3.1 1 If Offeror does not have a DUNS number and is unable to obtain one before proposal submission deadline, Offeror shall include a statement in their Evidence of Responsibility Statement noting their intention to register for a DUNS number should it be selected as the successful offeror or explaining why registration for a DUNS number is not possible. Contact Dun & Bradstreet through this webform to obtain a number: https://fedgov.dnb.com/webform Further guidance on obtaining a DUNS number is available from Chemonics upon request. 6 Offerors may present their proposals as a member of a partnership with other companies or organizations. In such cases, the subcontract will be awarded to the lead company in the partnership. The leading company shall be responsible for compliance with all subcontract terms and conditions and making all partnership arrangements, including but not limited to division of labor, invoicing, etc., with the other company (ies). A legally registered partnership is not necessary for these purposes; however the different organizations must be committed to work together in the fulfillment of the subcontract terms. B. Required Proposal Documents 1. Cover Letter The offeror’s cover letter shall include the following information: i. ii. iii. iv. v. vi. vii. viii. ix. x. xi. Name of the company or organization Type of company or organization Address Telephone Fax E-mail Full names of members of the Board of Directors and Legal Representative (as appropriate) Taxpayer Identification Number DUNS Number Official bank account information Other required documents that shall be included as attachments to the cover letter: 2. Cover letter attachments a) Copy of Business license registration b) Copy of company tax registration, or equivalent document c) Evidence of Responsibility Statement, whereby the offeror certifies that it has sufficient financial to complete the activity described in the scope of work, or the ability to obtain such resources. The evidence shall be copy of the recent balance sheet (audited) and bank statement. This statement is required by the Federal Acquisition Regulations in 9.104-1. A template is provided in Annex 3 “Required Certifications”. A sample cover letter is provided in Annex 1 of this RFP. 3. Technical Proposal The technical proposal shall comprise the following parts: Part 1: Technical Approach, Methodology and Detailed Work Plan a) Technical Approach and Methodology: The offeror shall provide a technical approach and methodology that includes detailed activities, and timeline to fulfill the requirement of executing the scope of work effectively. There should be a detailed discussion of M&E approaches, methodologies and tools used to carry out SOW. The offeror shall also demonstrate their knowledge and experience related to data collection as required by the scope of work. This part shall be between 5 and 15 pages long, but may not exceed 15 pages. 7 b) Detailed Workplan: The offeror shall provide a detailed workplan that shall include the timeline, timeliness of outputs, appropriate sequencing of the activities, and appropriate allocation of the tasks relevant to the staff. Part 2: Management, Key Personnel, and Staffing Plan. This part shall be between 2 and 5 pages long, but may not exceed 5 pages. The Offeror shall provide the following information and documents: a) Key Personnel Qualifications: The offeror shall provide a brief description demonstrating the experience, and capabilities of the key staff to carry out the scope of work. Offerors shall propose staff for the following minimum key personnel positions necessary for the implementation of the scope of work: M&E Director Lead Statistician M&E Manager M&E Officer The key staff shall have the following minimum qualifications: i. M&E Director: social sciences bachelor degree, required master degree preferred; at least 710 years of experience in M&E and conducting qualitative and quantitative analysis; experience developing survey questioners, surveys and data collection, assistance with monitoring plans and indicators, knowledge dissemination and public outreach and performance management; strong analytical skills advanced knowledge of M&E data analysis software, such as SPSS, Stata, and Excel; experience in monitoring and evaluating gender programming preferred; knowledge of local languages, Pashto and Dari. ii. Lead Statistician: bachelor degree in statistics or relevant social science field is required Master degree preferred; at least 5 years of experience in advanced stasticial analyses; advanced knowledge and familiarity with data analysis software, such as SPSS, Stata, and Excel; knowledge of local languages, Pashto and Dari, experience leading effective teams and motivating team members. Collaborate with other functions to resolve issues and improve efficiency. iii. M&E Manager: relevant degree in social sciences and at least 5 years of experience in monitong and evaluation, reporting and knowledge management; bachelor degree required; advanced knowledge of M&E data analysis software, such as SPSS, Stata, and Excel; knowledge of local languages, Pashto and Dari iv. M&E Officer: bachelor degree degree in social sciences required and at least 3 years of experience in M&E, reporting, and knowledge management;proficient in M&E data analysis software, such as SPSS, Stata, and Excel; knowledge of local languages, Pashto and Dari USAID Promote: Women in Government recommends the subcontractor’s staffing plan to include, but not limited to, the following positions: Project Manager, Data Manager, as well as data analysts/statisticians. 8 The specified positions (M&E Director, Lead Statistician, M&E Manager, and M&E Officer) will be considered key personnel. The offeror must make no diversion or replacement of key personnel without Chemonics concurrence and written consent. Before removing, replacing or diverting any of the listed key personnel, the offeror must: (1) notify Chemonics reasonably in advance and; (2) submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this award; and (3) receive written approval from Chemonics for the proposed personnel change. The subcontractor shall also propose 50% male and 50% female enumerators to the extent possible to complete the data collection process in accordance with the proposed schedule outlined in the deliverables table below. Enumerators shall be provided sufficient training regarding the goals and objectives of the survey, in-depth review of survey instruments, data gathering practices, ethical issues, data quality mechanisms, logistics, and pilot testing the survey administration to ensure quality information is received from the field survey administration. Please note: The subcontractor shall propose 50% female enumerators to collect information from female interns, government officials, and local stakeholders. b) Staffing Plan: The offeror shall provide a logical work chart to carry out the proposed work plan. The work plan shall also include the description of roles and responsibilities of each proposed staff. The plan must include at least 10 data enumerators to collect and enter data, of which, 50% should be female. The plan must also describe how key personnel will onboard and train enumerators. c) CVs of Key Personnel: The CVs for key personnel shall be attached in an annex to the technical proposal; this will not count against the page limit. Part 3: Corporate Capabilities, Experience, and Past Performance. This part shall be between 2 and 7 pages long, but may not exceed 7 pages. The offeror shall provide the following documents and information: a) Company Background: The offeror shall demonstrate company’s background in M&E data collection. The minimum required in M&E data collection background is five (5) years of experience. Additionally, the offeror must include a description of the company and organization, with appropriate reference to any parent company and subsidiaries. b) Experience of Company specific to SOW: The offeror shall provide a list of their experience particularly for the following sections. i. Women’s empowerment; ii. Gender equity; iii. Previous baseline design and implementation experience working with GIRoA on result-based or policy based performance; iv. Previous experience collecting data in districts and provinces prone to high levels of insecurity, especially Kandahar and Jalalabad. d) International Donor Experience: The offeror shall provide list of previous experience working on internationally funded programs in M&E, preferably for USAID or for USAID-funded projects. Offerors must include details demonstrating their experience and technical ability in implementing the technical approach/methodology and the detailed work plan. The minimum information required in this part are nature or description of project, budget, location, period of performance, contact details of the client. 9 e) Past Performance References of Similar work: Offerors must include 3 past performance references of similar work (under contracts or subcontracts) previously implemented as well as contact information for the companies for which such work was completed. Contact information must include at a minimum: name of point of contact who can speak to the offeror’s performance, name and address of the company for which the work was performed, and email and phone number of the point of contact. Chemonics reserves the right to check additional references not provided by an offeror. See Annex 4 for a sample cost structure. The sections of the technical proposal stated above must respond to the detailed information set out in Section II of this RFP, which provides the background, states the scope of work, describes the deliverables, and provides a deliverables schedule. 4. Cost Proposal The cost proposal is used to determine which proposals represent the best value and serves as a basis of negotiation before award of a subcontract. The price of the subcontract to be awarded will be an all-inclusive fixed price. No profit, fees, taxes, or additional costs can be added after award. Nevertheless, for the purpose of the proposal, offerors must provide a detailed budget showing major line items, e.g. salaries, allowances, travel costs, other direct costs, indirect rates, etc., as well as individual line items, e.g. salaries or rates for individuals, different types of allowances, rent, utilities, insurance, etc. Offers must show unit prices, quantities, and total price. All items, services, etc. must be clearly labeled and included in the total offered price. All cost information must be expressed in Afghan currency (AFN). See Annex 2 for a sample cost structure. Offerors must assess and include in their total cost proposal the Business Receipt Tax (BRT) or any Other tax required by Afghanistan income tax law. Chemonics will not allow an awarded entity to add Taxes (including BRT taxes) or any previously unanticipated costs to the budget after an award is made. Pursuant to Article 72 of the Afghanistan Income Tax Law, Chemonics is required to withhold taxes from The gross amounts payable to all Afghan subcontractors. In accordance with this requirement, should an Award be made to a successful offeror and an agreement is successfully negotiated with that offeror, Chemonics will withhold two percent (2%) tax from the entity’s gross invoices if the entity is in Possession of an active business license issued by any of the following entities - the Ministry of Commerce and Industry, Afghanistan Investment Support Agency (AISA), Ministry of Information and Culture, Ministry of Education or Ministry of Public Health - at the time the awarded entity submits Invoices for payment, and the invoices are successfully reviewed and approved by Chemonics. If the Entity provides services contrary to approved by-laws or it does not possess a business license issued by Any of the aforementioned public entities, but possesses licenses issued by other local or national Government entities or municipalities, Chemonics will in this case withhold a seven percent (7%) fixed Tax on the gross amount payable to the awarded entity, subject to Chemonics’ review and approval of the Subcontractor’s invoices. In either case, this tax is withheld by Chemonics from the gross amount payable to the awarded entity and subsequently remitted to the Ministry of Finance. Chemonics will maintain records of all of such remittances. Because USAID Promote: Women in Government is a USAID funded project and is implemented under a bilateral agreement between the Afghan Government and the U.S. Government, offerors must not include VAT and customs duties in their cost proposal. If tax exempt, offerors shall provide a copy of their 10 exemption certification as part of their proposal package. USAID has provided an exemption letter to this effect, a copy of which is included in Annex A. The cost proposal shall also include a budget narrative that explains the basis for the estimate of every cost element or line item. Supporting information must be provided in sufficient detail to allow for a complete analysis of each cost element or line item. Chemonics reserves the right to request additional cost information if the evaluation committee has concerns of the reasonableness, realism, or completeness of an offeror’s proposed cost. If it is an offeror’s regular practice to budget indirect rates, e.g. overhead, fringe, G&A, administrative, or other rate, Offerors must explain the rates and the rates’ base of application in the budget narrative. Logistics will be solely the responsibility of the subcontractor Chemonics reserves the right to request additional information to substantiate an Offeror’s indirect rates. Under no circumstances may cost information be included in the technical proposal. No cost information or any prices, whether for deliverables or line items, may be included in the technical proposal. Cost information must only be shown in the cost proposal. I.5. Source of Funding, Authorized Geographic Code, and Source and Origin Any subcontract resulting from this RFP will be financed by USAID funding and will be subject to U.S. Government and USAID regulations. All goods and services offered in response to this RFP or supplied under any resulting award must meet USAID Geographic Code 937 in accordance with the United States Code of Federal Regulations (CFR), 22 CFR §228, available at: http://www.gpo.gov/fdsys/pkg/CFR-2012-title22-vol1/pdf/CFR-2012-title22vol1-part228.pdf. The cooperating country for this RFP is Afghanistan. Offerors may not offer or supply any products, commodities or related services that are manufactured or assembled in, shipped from, transported through, or otherwise involving any of the following countries: Burma (Myanmar), Cuba, Iran, North Korea, (North) Sudan, Syria. Related services include incidental services pertaining to any/all aspects of this work to be performed under a resulting contract (including transportation, fuel, lodging, meals, and communications expenses). I.6. Chronological List of Proposal Events The following calendar summarizes important dates in the solicitation process. Offerors must strictly follow these deadlines. RFP announcement RFP published Deadline for offerors’ written questions Answers provided to offerors’ questions/clarifications Proposal due date Subcontract award (estimated) August 10, 2016 August 10, 2016 August 16, 2016 August 17, 2016 August 23, 2016 at 4:00 p.m. September 20, 2016 The dates above may be modified at the sole discretion of Chemonics. Any changes will be published in an amendment to this RFP. 11 Written Questions and Clarifications. All questions or clarifications regarding this RFP must be in writing and submitted to subcontract@promotewig.com by August 9, 2016 at 04:00 pm. Questions and requests for clarification, and the responses thereto, will be circulated to all RFP recipients who have indicated an interest in this RFP. Only written answers from Chemonics will be considered official and carry weight in the RFP process and subsequent evaluation. Any answers received outside the official channel, whether received verbally or in writing, from employees or representatives of Chemonics International, the USAID Promote: Women in Government project, or any other party, will not be considered official responses regarding this RFP. Proposal Submission Date. All proposals must be received by August 21, 2016 at 4:00 pm. Late offers will be considered at Chemonics’ sole discretion. Oral Presentations. Chemonics reserves the option to have select offerors participate in oral presentations with the technical evaluation committee. Interviews may consist of oral presentations of offerors’ proposed activities and approaches. Offerors should be prepared to give presentations to the technical evaluation committee at the USAID Promote: Women in Government office within 2 days of receiving notification. Subcontract Award (estimated). Chemonics will select the proposal that offers the best value based upon the evaluation criteria stated in this RFP. I.7. Validity Period Offerors’ proposals must remain valid for 60 calendar days after the proposal deadline. I.8. Evaluation and Basis for Award The preliminary examination of offers serves to determine whether the proposals meet the general procedural requirements of the RFQ/RFP. The purpose of this examination is to eliminate any offers from further and more complicated consideration if they do not meet the minimum standards as defined in the RFQ/RFP. In order to qualify for the evaluation stage, offerors shall consider the following: The proposal shall contains all required documents as mandated by RFP page 7 B. Required proposal documents. Template in Annex 5 will be used to determine responsiveness. The preliminary examination stage of proposal evaluation described above is aimed at making sure that the offers received are substantially responsive. A substantially responsive offer is one that conforms to all the terms, conditions and specifications in the RFQ/RFP without material deviations, reservation, or omission. a) Basis of Award An award will be made to the offeror whose proposal is determined to be responsive to this solicitation document, meets the eligibility criteria stated in this RFP, meets the technical, management/personnel, and corporate capability requirements, and is determined to represent the best value to Chemonics. Best value will be decided using the trade-off process. This RFP will use the tradeoff process to determine best value. That means that each proposal will be evaluated and scored against the evaluation criteria and evaluation sub-criteria, which are stated in the 12 table below. Cost proposals are not assigned points, but for overall evaluation purposes of this RFP, technical evaluation factors other than cost, when combined, are considered significantly more important than cost factors. If technical scores are determined to be equal or nearly equal, cost will become the determining factor. In evaluating proposals, Chemonics will use the following evaluation criteria and sub-criteria: Evaluation Criteria Evaluation Sub-criteria Maximum Points 30 points Technical Approach, Methodology, and Detailed Work Plan Technical Approach and Methodology – Does the proposed program approach and detailed activities and timeline fulfill the requirements of executing the scope of work effectively and efficiently? Is there a detailed discussion of M&E data analysis tools used to carry out scope of work. Does the proposal demonstrate the offeror’s knowledge related to data 20 points collection processes, systems, and analysis as required by the scope of work? Does the scope of work include qualitative and quantative evaluation methodologies? Detailed Work Plan – Does the work plan discuss the timeline and timeliness of outputs; appropriate sequencing of activities; appropriate allocation of tasks to relevant staff? Does 10 points the work plan include activities to train enumerators? Management, Key Personnel, and Staffing Plan 40 points Key Personnel Qualifications – Do the proposed team members have the necessary experience and capabilities to carry out the scope of work, as outlined in Part 2, Section A30 points Key Personnel? Staffing Plan - Does the staffing plan sufficiently lay out a strategy for delivering work plan deliverables, clear reporting lines, and describe the roles and responsibilities of proposed 10 points staff? Corporate Capabilities, Experience, and Past Performance Company Background - Does the company have relevant experience in data collection design and implementation? Does the company have a minimum of five years related experience? M&E Data Collection - Does the company have M&E experience in women’s empowerment and gender equity; experience working with GIRoA on results-based or policy-based performance? International Donor Experience – Does the company have previous experience working internationally funded programs in M&E, preferably USAID or USAID-funded? 30 points 10 points 15 points 5 points Evaluation points will not be awarded for cost. Cost will primarily be evaluated for realism and reasonableness. If technical scores are determined to be nearly equal, cost will become the determining factor. This RFP utilizes the tradeoff process set forth in FAR 15.101-1. Chemonics will award a subcontract to the offeror whose proposal represents the best value to Chemonics and the USAID Promote: Women in Government project. Chemonics may award to a higher priced offeror if a determination is made that the higher technical evaluation of that offeror merits the additional cost/price. 13 I.9 Negotiations Best offer proposals are requested. It is anticipated that a subcontract will be awarded solely on the basis of the original offers received. However, Chemonics reserves the right to conduct discussions, negotiations and/or request clarifications prior to awarding a subcontract. Furthermore, Chemonics reserves the right to conduct a competitive range and to limit the number of offerors in the competitive range to permit an efficient evaluation environment among the most highly-rated proposals. Highest-rated offerors, as determined by the technical evaluation committee, may be asked to submit their best prices or technical responses during a competitive range. At the sole discretion of Chemonics, offerors may be requested to conduct oral presentations. If deemed an opportunity, Chemonics reserves the right to make separate awards per component or to make no award at all. I.10. Terms of Subcontract This is a request for proposals only and in no way obligates Chemonics to award a subcontract. In the event of subcontract negotiations, any resulting subcontract will be subject to and governed by the terms and clauses detailed in Section III. Chemonics will use the template shown in section III to finalize the subcontract. Terms and clauses are not subject to negotiation. By submitting a proposal, offerors certify that they understand and agree to all of the terms and clauses contained in section III. I.11. Privity By submitting a response to this request for proposals, offerors understand that USAID is NOT a party to this solicitation. 14 Section II Background, Scope of Work, Deliverables, and Deliverables Schedule II.1 Background The purpose of the USAID Promote: Women in Government project is to increase and advance the number of women in the Afghan Civil Service, thereby promoting a more inclusive government that is responsive to the needs of the entire Afghan population, thus fostering a more democratic and stable state. USAID Promote: Women in Government will establish an internship program for educated young women to gain entry into the Afghan Civil Service and will make the operating environment safer for young women to work by tackling sexual harassment, policy gaps, and work environment issues for female employees. USAID Promote Women in Government has three components as are briefly described below: Facilitate women’s entry into decision-making roles in government service: Establish an internship program for at least 3,000 educated young women to gain entry into the Afghan civil service. Encourage a hospitable environment for female staff working in the government: Ensure safe workspaces for young women to work by tackling sexual harassment, discrimination, and policy gaps that affect women. Increase local stakeholder support for women in government: Reach out to local stakeholders on an individual and mass level. The project activities are guided by the following strategic objective and immediate results: Development Objective: Gains in Health, Education, and the Empowerment of Women Maintained and Enhanced Immediate Result 1: Women’s Equality and Empowerment Increased Proportion of target population reporting increased agreement with the concept that males and females should have equal access to social, economic, and political opportunities. Proportion of females who report increased self-efficacy at the conclusion of U.S. Government supported training/programming Sub Immediate Result 1.1: Women’s Contribution to Afghanistan’s Economy, Government, and Civil Society Increased Proportion of female participants in USG-assisted programs designed to increase access to productive economic resources (assets, credit, income or employment) Sub Immediate Result 1.2: Gender Policy Implementation Strengthened Number of laws, policies, or procedures drafted, proposed or adopted to promote gender equality at the regional, national or local level Sub Immediate Result 1.3: Afghan Perceptions toward Women’s Inclusiveness Improved Percentage of target population that views Gender-Based Violence (GBV) as less acceptable after participating in or being exposed to USG programming Through the advancement of these objectives, USAID Promote: Women in Government aims to achieve the following results: 15 70 percent of females employed by the GIRoA within 24 months of finishing the USAID Promote: Women in Government internship. 75 percent of reforms made to GIRoA agency workplace policies are those which benefit and protect female employees. 50 percent gain in the number of local stakeholder supporters for women working outside the home. According to the USAID/Afghanistan Mission Results Framework, USAID Promote: Women in Government falls under Development Objective 2: Gains in Health, Education, and the Empowerment of Women Maintained and Enhanced; and Intermediate Result 2.3: Women’s Equality and Empowerment Increased. While the project is designed as a standalone project, the project team will work to reinforce the goals and objectives of the other three activities under the Promote umbrella and the overall USAID/Afghanistan Development Objective 2 goal. The project’s results framework is derived from the project’s overall goal and three objectives outlined in the contract. The project’s intermediate results (PIRs) are structured to demonstrate how each activity contributes to the overall Promote program goal. The project’s three components are inextricably integrated and interdependent in order to achieve an increased level of opportunity for women in the Afghan civil service. Within this integrated framework, the project will build on existing government structures, systems, and procedures to implement the internship program, deliver training to interns and mentors, and assist with policy reform measures at the national and subnational levels. 16 II.2 Scope of Work The Offeror shall assist with designing and implementing tailored monitoring and evaluation (M&E) data collection activities for the USAID Promote: Women in Government project. The overall objective of this subcontract is to provide survey data collection services and M&E technical support to the Contractor. The Offeror will work with the Contractor to develop survey instruments that focus on changes to attitudes and behaviors among the following groups: participating interns, participating mentors, government staff, and local stakeholders. The local stakeholders are members of the local community that may either influence or benefit from the USAID Promote: Women in Government program and its goals including university representatives, religious leaders and community leaders. The Offeror will execute the developed surveys each year and will utilize the data collected to measure key changes and effectiveness of the USAID Promote: Women in Government project in Kabul, Mazar-e-Sharif, Herat, Jalalabad, and Khandahar. In coordination with the USAID Promote: Women in Government M&E Manager and Assistant, the Offeror will be responsible for the entire process of data collection for the project indicators. The Offeror will develop the necessary data collection instruments, methodologies, and management protocols necessary to capture data according to the reporting schedule for each indicator. Furthermore, as required by the indicators, the Offeror will be responsible for conducting necessary surveys among target beneficiary groups. This includes, but is not limited to, developing data collection methodologies, sampling methods, recruitment and training of enumerators, and oversight/quality assurance of the data collection process. Moreover, the Offeror will be responsible for capturing data related to program results and monitoring progress against project goals and indicators. Activity partners will assist the Offeror in collecting data within their spheres of intervention. The Offeror will execute the data collection process and utilize data collected for each of the following indicators 1- Proportion of female beneficiaries employed at GIRoA within 24 months of completion of USAID Promote: Women in Government Internship 2- Number of graduates who complete the USAID Promote: Women in Government Internship Program 3- Proportion of female beneficiaries who report increased self-efficacy at the conclusion of U.S. government supported training/programming 4- Percentage of beneficiaries who say they are applying work or life skills in their personal or professional lives on year after completing USAID Promote: Women in Government work/life skills training 5- Percentage of target population that views Gender-Based Violence (GBV) as less acceptable after participating in or being exposed to USG programming 6- Percentage increase in the number of female staff hired at USAID Promote: Women in Government-targeted ministries 7- Number of mentors who report increase capacity to manage and mentor staff at the conclusion of the U.S. government supported training/programming 8- Number of mentors who participated in professional development growth planning for their staff at the conclusion of mentor training. 9- Proportion of female participants in USG-assisted programs designed to increase access to productive economic resources 10- Percentage of reforms made to the Government of the Islamic Republic of Afghanistan (GIRoA) agency workplace policies that benefit and protect female employees 11- Percentage of government line staff reporting increased awareness of gender-related policies/regulations 12- Number of laws, policies or procedures drafted, proposed or adopted to promote gender equality at the regional, national or local level Chemonics Doc No: FO.PROC.FT.002, Rev. 002 12/30/2014 Subcontract No. [enter subcontract number] Page 18 of 49 13- Percentage of female government line staff who report that regulations, protocols, or procedures that were obstacles to a hospitable workplace for women in government have improved 14- Percentage change in the number of local stakeholders who support women employed outside the home 15- Proportion of target population who report increased agreement with the concept that women are effective in decision-making roles within government 16- Number of innovative media campaigns conducted that encourage behavior change toward the inclusion of women in decision-making authority 17- Number of leaders or champions who participate in outreach events to promote women’s empowerment and rights 18- Proportion of target population that reporting increased agreement with the concept that males and females should have equal access to social, economic and political opportunities 19- Proportion of interns joined the project due to exposure through USAID Promote: Women in Government media campaigns II.3 Deliverables The successful offeror shall deliver to Chemonics the following deliverables, in accordance with the schedule set forth in II.4 below. Deliverable No. 1: Development/Revision of data collection tools Following a desk review of the existing tools and baseline report developed by the project, the Offeror will develop/revise questionnaires and surveys to measure the achievement of each of the indicators developed by the project. The Offerer will draft and finalize the requisite tools which may include but are not limited to survey instruments, focus group guides, and individual and key informant interview questions. These data collection tools must be approved by the Contractor. Deliverable No. 2.a.: Develop data collection plan The Offeror shall develop a detailed data collection plan and sampling methodology, quality assurance protocols, work plan, schedule of activities, and level of effort needed to complete each data collection activity based upon a review of existing data sets from USAID, GIRoA, and other relevant parties as necessary. The Contractor will approve the plan and methodology provided. The data collection plan shall outline how resources will be managed by the Offeror and how the Offeror will train the data collection team on the data collection methodology and ethicals considerations. In addition, the data collection plan should determine the sample size of the target population. The data collection plan should also detail how the contractor will take special considerations to reach women and take in account cultural sensitivities related to project programming. The Offeror will conduct a presentation for the Contractor to demonstrate the tools that will be utilized and methodologies supporting the plan. The training guides and standard operating procedures (SOPs) for data collection will be provided to the Contractor’s M&E team. Deliverable No. 2.b.: Coordination plan with GIRoA Entities The subcontractor shall submit a coordination plan that will detail the steps that the subcontractor shall undertake to ensure that GIRoA partners and representatives are fully engaged and briefed on all aspects of the baseline assessment. The subcontractor shall, at a minimum, outline a coordincation plan to include the following measures: i. GIRoA data collection and sharing processes ii. Baseline assessment protocol and dissemination to GIRoA partners iii. Communication plan with GIRoA entities, including proposed points of contact iv. Informed consent form for GIRoA entities Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 19 of 49 Deliverable No. 3: Questionnaire field testing report The data collection tools developed/revised under Deliverable No. 1 will be tested with a sample group size of at least five individuals from each stakeholders group outlined in the scope of work. The results of the testing will be analyzed and consolidated in to a written report that will be provided to the USAID Promote: Women in Government M&E team. The report should include: 1. A discussion on of the questionnaire design, methodology and evaluation process and final analysis and key findings. 2. Questionnaire evaluation methods 3. Field test methodology 4. A case study of field testing in practice 5. Analysis of key findings Deliverable No. 4: Field data collection The Offeror shall be responsible for recruiting, training, and managing data collection staff. The Offeror shall conduct field visits on a monthly and quarterly basis particularly in the provinces identified by the Contractor to monitor implementation and ensure accurate data collection and reporting. In addition, the Offerer will conduct annual project beneficiaries and societal perception surveys in the operating provinces of Kabul, Mazar, Herat, Jalalabad, and Kandahar to measure the change over the specific indicators outlined in the Activity Monitoring and Evaluation Plan (AMEP). The Offeror shall provide documentation including photos, trip reports, and other documentation of surveys and site visits. The Offeror will be responsible to deliver the following: Following field visits, detailed documentary evidence of the site visits shall be provided by the Offeror. Documentary evidence can include one or a combination of photos, videos, sound recording, attendance sheets, raw data or enumerators trip reports The Offeror shall ensure that data submitted meets USAID data quality standards and take necessary actions to resolve data quality issues identified by project staff The Offeror shall coordinate data collection efforts with Contractor to ensure proper data collection protocols are followed Enter data in compatible reporting template(s) provided by Contractor Based on data collected, draft regular reports containing indicator values with associated analysis for inclusion by the Contractor in the project quarterly, biannual, and annual reports Recruit and train enumerators/data collection staff Supervise data collection by enumerators following quality assurance protocols Deliverable No. 5: Raw data submission Upon completion of the field data collection services, the Offeror shall provide the original raw data collected in form of datasheets with the entered data in SPSS along with the hard copies of documents. The Offerer will submit the raw data to the Contractor in form of documents and the entered data into datasheets and will also deliver the following Oversee data entry of the surveys into agreed upon format Provide all documentation including photos, trip reports, hard copy surveys and other documentation of site visits Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 20 of 49 The Offerer will submit the entered data in the Excel and SPSS formats in addition to the original raw data documents’ submission Deliverable No. 6: Data analysis plan The Offeror shall submit a data analysis plan to the Contractor detailing how the Offeror will extract and disaggregate information from the collected data including how the charts, tables and graphs will be provided to the Contractor. In addition, how the analysis responds to the indicators’ data disaggregation of beneficiaries’ sex, age, home province, employment grade, employer, internship ministry, educational level, internship province, implementation province, implementation ministry, reform type, Ministry name, category (regional, national, or local level) category ( law, policy, or procedure), campaign province(s) campaign medium, target audience(s), occupation, type of outreach event, media campaign type ( radio, TV spot or interview, print, social media/forum). Moreover, the Offeror will describe how the descriptive and inferential statistics will be used to best explain the obtained information. Deliverable No. 7: Data analysis results The Offeror shall do a comprehensive analysis of the data collected on monthly, quarterly and annualbasis which map and respond to the Activity Monitoring and Evaluation Plan (AMEP) indicators. The analysis results shall be shared with the Contractor in SPSS formats. The Offeror shall deliver the following: Analysis ofcollected data for trends and correlations and other parameters agreed upon with Contractor Provide statistical analysis of survey results (i.e. regressions) Develop recommendations for project staff based on results of surveys and interviews Provide analysis of USAID Promote: Women in Government program model, efficiency in implementation of project activities, and influence on local stakeholders Deliverable No. 8: Monthly reports’ submission The Offeror is responsible for submitting monthly reports that covers the following: M&E activities completed during the month , as well as a detailed plan for activities for the following month for the M&E requirements of the project Updates regarding progress made in formalizing the other deliverables of the task order Detail any meetings, phone calls, or any other communication with stakeholders, including the agenda and outcome of the meeting Detail any interviews or field visit conducted for the purpose of data collection on the indicators The Offeror, in the monthly report, shall identify and describe in full detail all the M&E activities completed under USAID Promote: Women in Government project for the given month, and highlight the results achieved as well as a detailed plan for activities for the following month. Each monthly report must describe how the Offeror relied on the activities and outcomes of the previous efforts (as reported in all prior reports), to build and achieve continuous progress in the Offeror’s M&E scope. In addition, the Offeror will report in accordance to the Activity Monitoring and Evaluation Plan (AMEP) of the project. The Offer shall also include lessons learned and recommendations observed on behalf of M&E activities. Deliverable No. 9: Quarterly reports’ submission The Offeror will draft, finalize and submit the quarterly reports to the Contractor based on the data collected from the field on each of the indicators outlined in the Activity Monitoring and Evaluation Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 21 of 49 Plan (AMEP). The quarterly report will also include a quarterly AMEP data update. In addition, each quarterly report must describe how the Offeror relied on the activities and outcome of the previous efforts (as reported in all prior monthly reports) to build and achieve continuous progress in the project M&E activities. Deliverable No. 10: Data quality assessment reports On semi-annual basis the Offeror will conduct data quality checks on the routine monitoring data adhering on the six dimension of quality; accuracy, reliability, completeness, precision, timeliness and integrity. Upon completion of the data quality assessment, the subcontractor shall submit a report to the Contractor discussing the six dimensions above. Deliverable No. 11: Lessons Learned Workshops Each six months, the offeror will organize and conduct a one-day workshop to share the lessons learned, challenges, limitations, knowledge gained from the routine monitoring, periodic surveys and data quality assessments with the USAID Promote: Women in Government project team and other stakeholders. The M&E team leader or manager of the Offeror will facilitate the workshop. During the workshop, the monitoring activities will be also reviewed and necessary recommendations discussed. Deliverable No. 12: Final Annual M&E report for year two (April 2016-March 2017) The Offeror shall submit the the final report for the year two of USAID Promote: Women In Government project which also serves as the fourth quarterly report not only represents the aggregate results of the year for all quarters but also cover the periodic surveys’ findings and results. The report should include the summary document with key findings and full report with annexes of raw data and findings. The report shall include both qualitative and quantitative evaluation and data obtained through data collection tools. Report table of contents should include executive summary, methodology, data quality and collection challenges, data bias, performance indicator summary table with targets and actuals, description of technology use and raw data information as annexes. Deliverable No. 13: Final Annual M&E report for year three (April 2017-March 2018) The Offeror shall submit the the final report for the year three of USAID Promote: Women In Government project which also serves as the fourth quarterly report not only represents the aggregate results of the year for all quarters but also cover the periodic surveys’ findings and results. The report should include the summary document with key findings and full report with annexes of raw data and findings. The report shall include both qualitative and quantitative evaluation and data obtained through data collection tools. Report table of contents should include executive summary, methodology, data quality and collection challenges, data bias, performance indicator summary table with targets and actuals, description of technology use and raw data information as annexes. Deliverable No. 14: Final Annual M&E report for year four (April 2018-March 2019) The Offeror shall submit the final report for the year four of USAID Promote: Women In Government project which also serves as the fourth quarterly report not only represents the aggregate results of the year for all quarters but also cover the periodic surveys’ findings and results. The report should include the summary document with key findings and full report with annexes of raw data and findings. The report shall include both qualitative and quantitative evaluation and data obtained through data collection tools. Report table of contents should include executive summary, methodology, data quality and collection challenges, data bias, performance indicator summary table with targets and actuals, description of technology use and raw data information as annexes. Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 22 of 49 Deliverable No. 15: Final Annual M&E for year five (April 2019-March 2020) The Offeror shall submit the final report for the year five of USAID Promote: Women In Government project which also serves as the fourth quarterly report not only represents the aggregate results of the year for all quarters but also cover the periodic surveys’ findings and results. Moreover, this report shall be serving as the final program report. The report should include the summary document with key findings and full report with annexes of raw data and findings. The report shall include both qualitative and quantitative evaluation and data obtained through data collection tools. Report table of contents should include executive summary, methodology, data quality and collection challenges, data bias, performance indicator summary table with targets and actuals, description of technology use and raw data information as annexes. II.1. Deliverables Schedule The successful offeror shall submit the deliverables described above in accordance with the following deliverables schedule: Deliverable Numbers 1 2.a 2.b 2.c 3 4.a 4.b 4.c 4.d 4.e 4.f 4.g 4.h 4.i 4.j 4.k 4.i 4.m 4.n 4.o 4.p 5.a 5.b 5.c 5.d 5.e 5.f 5.g 5.h 5.i 5.j 5.k Deliverable Names Due Date of Deliverables Development/revision of data collection tools Develop data collection plan Standard operating procedures for data collection Training guide for data collection Questionnaire field testing Year Three, Quarter One Field data collection Year Three, Quarter Two Field data collection Year Three, Quarter Three Field data collection Year Three, Quarter Four Field data collection Year Four, Quarter One Field data collection Year Four, Quarter Two Field data collection Year Four, Quarter Three Field data collection Year Four, Quarter Four Field data collection Year Five, Quarter One Field data collection Year Five, Quarter Two Field data collection Year Five, Quarter Three Field data collection Year Five, Quarter Four Field data collection Year Two, Annual Survey data collection Year Three, Annual Survey data collection Year Four, Annual Survey data collection Year Five, Annual Survey data collection Year Two, Quarter Four raw data submission Year Three, Quarter One raw data submission Year Three, Quarter Two raw data submission Year Three, Quarter Three Field data collection Year Three, Quarter Four raw data submission Year Four, Quarter One raw data submission Year Four, Quarter Two raw data submission Year Four, Quarter Three raw data submission Year Four, Quarter Four raw data submission Year Five, Quarter One raw data submission Year Five, Quarter Two raw data submission 30th September, 2016 15th October, 2016 30th October, 2016 10th November, 2016 15th November, 2016 5th Dec, 2016 15th Mar, 2017 15th Jun, 2017 15th Sep, 2017 15th Dec, 2017 15th Mar, 2018 15th Jun, 2018 15th Sep, 2018 15th Dec, 2018 15th Mar, 2019 15th Jun, 2019 15th Sep, 2019 15th Mar, 2017 15th Mar, 2018 15th Mar, 2019 15th Mar, 2020 22nd Nov, 2016 22nd Dec, 2016 22nd Mar, 2017 22nd Jun, 2017 22nd Sep, 2017 22nd Dec, 2017 22nd Mar, 2018 22nd Jun, 2018 22nd Sep, 2018 22nd Dec, 2018 22nd Mar, 2019 Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 23 of 49 5.l 5.m 5.n 5.o 5.p 5.q 6.a 6.b 6.c 6.d 7.a 7.b 7.c 7.d 8.a 8.b 8.c 8.d 8.e 8.f 8.g 8.h 8.i 8.j 8.k 8.l 8.m 8.n 8.o 8.p 8.q 8.r 8.s 8.t 8.u 8.v 8.w 8.x 8.y 8.z 8.aa 8.ab 8.ac 8.ad 8.ae 8.ef 8.ag 8.ah 8.ai 8.aj 8.ak 8.al Year Five, Quarter Three raw data submission Year Five, Quarter Four raw data submission Year Two, Annual Survey raw data submission Year Three, Annual Survey raw data submission Year Four, Annual Survey raw data submission Year Five, Annual Survey raw data submission Year Two Data analysis plan Year Three Data analysis plan Year Four Data analysis plan Year Five Data analysis plan Year Two Data analysis results Year Three Data analysis results Year Four Data analysis results Year Five Data analysis results September Monthly reports October Monthly reports November Monthly reports December Monthly reports January Monthly reports February Monthly reports March Monthly reports April Monthly reports May Monthly reports June Monthly reports July Monthly reports August Monthly reports September Monthly reports October Monthly reports November Monthly reports December Monthly reports January Monthly reports February Monthly reports March Monthly reports April Monthly reports May Monthly reports June Monthly reports July Monthly reports August Monthly reports September Monthly reports October Monthly reports November Monthly reports December Monthly reports January Monthly reports February Monthly reports March Monthly reports April Monthly reports May Monthly reports June Monthly reports July Monthly reports August Monthly reports September Monthly reports October Monthly reports 22nd Jun, 2019 22nd Sep, 2019 22nd Mar, 2017 22nd Mar, 2018 22nd Mar, 2019 22nd Mar, 2020 25th Mar, 2017 25th Mar, 2018 25th Mar, 2019 25th Mar, 2020 31st Mar, 2017 31st Mar, 2018 31st Mar, 2019 31st Mar, 2020 24th September 2016 24th October 2016 24th November 2016 24th December 2016 24th January 2017 24th February 2017 24th March 2017 24th April 2017 24th May 2017 24th June 2017 24th July 2017 24th August 2017 24th September 2017 24th October 2017 24th November 2017 24th December 2017 24th January 2018 24th February 2018 24th March 2018 24th April 2018 24th May 2018 24th June 2018 24th July 2018 24th August 2018 24th September 2018 24th October 2018 24th November 2018 24th December 2018 24th January 2019 24th February 2019 24th March 2019 24th April 2019 24th May 2019 24th June 2019 24th July 2019 24th August 2019 24th September 2019 24th October 2019 Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 24 of 49 8.am November Monthly reports 24th November 2019 8.an December Monthly reports 24th December 2019 8.ao January Monthly reports 24th January 2020 8.ap February Monthly reports 24th February 2020 8.aq March Monthly reports 24th March 2020 9.a Year Three, Quarter One report 1st January 2017 9.b Year Three, Quarter Two report 1st April 2017 9.c Year Three, Quarter Three report 1st July 2017 9.d Year Three, Quarter fourth report 1st October 2017 9.e Year Four, Quarter One report 1st January 2018 9.f Year Four, Quarter Two report 1st April 2018 9.g Year Four, Quarter Three report 1st July 2018 9.h Year Four, Quarter fourth report 1st October 2018 9.i Year Five, Quarter One report 1st January 2019 9.j Year Five, Quarter Two report 1st April 2019 9.k Year Five, Quarter Three report 1st July 2019 9.l Year Five, Quarter fourth report 1st October 2019 10.a Year Three data quality assessment report 20th December 2016 10.b Year Three data quality assessment report 20th June 2017 10.c Year Four data quality assessment report 20th December 2017 10.d Year Four data quality assessment report 20th June 2018 10.e Year Five data quality assessment report 20th December 2018 10.f Year Five data quality assessment report 20th June 2019 10.g Final data quality assessment report 20th December 2019 11.a Organizing lessons learned workshops 20th January 2017 11.b Organizing lessons learned workshops 20th July 2017 11.c Organizing lessons learned workshops 20th January 2018 11.d Organizing lessons learned workshops 20th July 2018 11.e Organizing lessons learned workshops 20th January 2019 11.f Organizing lessons learned workshops 20th July 2019 11.g Organizing lessons learned workshops 20th January 2020 12.a Final Annual M&E report for year two 1st April, 2017 13.b Final Annual M&E report for year three 1st April, 2018 14.c Final Annual M&E report for year four 1st April, 2019 15.d Final Annual M&E report for year five 1st April, 2020 *Deliverable numbers and names refer to those fully described in II.3 above. Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 25 of 49 Section III Firm Fixed Price Subcontract (Terms and Clauses) FIXED PRICE SUBCONTRACT No. TBD Between Chemonics Afghanistan Limited Management and Implementation Services And TBD Hereinafter referred to as the Subcontractor For USAID Promote: Women in Government Project Effective Date: TBD Total Fixed Price: TBD Contents: Part 1. Part 2. Part 3. Part 4. Annex 1. General Information and Scope of Work Payment and Financial Obligations Additional Terms and Conditions Clauses Incorporated by Reference Detailed Specifications and Requirements Chemonics International Inc. (“Chemonics”) and TBD (“Subcontractor”) hereby agree and enter into this firm fixed price subcontract (“Subcontract”). The Subcontractor to furnish and deliver all items and perform all 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. The parties to this subcontract indicate their acceptance of the terms and conditions set forth in this document with the signatures of their authorized representatives shown below. For Chemonics International Inc.: For TBD: Signature: ______________________ Signature: ______________________ Printed Name: __________________ Printed Name: ___________________ Title: __________________________ Title: _________________________ Date: __________________________ Date: __________________________ Place Signed: ____________________ Place Signed: ___________________ Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 26 of 49 PART 1. ARTICLE 1. GENERAL INFORMATION AND SCOPE OF WORK ACRONYMS AND DEFINITIONS The following acronyms and definitions apply to this subcontract and all related correspondence: ADS CFR Cooperating Country FAR Subcontractor US USAID USG VAT ARTICLE 2. USAID Automated Directives System United States Code of Federal Regulations TBD United States Federal Acquisition Regulations TBD United States United States Agency for International Development United States Government Value Added Tax BACKGROUND AND PURPOSE Chemonics International Inc. is the prime contractor for the TBD. The TBD Project is an official program of the United States Agency for International Development (USAID), Contract No. TBD, and is being carried out in TBD. The purpose of this subcontract is to TBD. ARTICLE 3. SUBCONTRACT FUNDING AND TYPE Chemonics International Inc., on behalf of USAID and in cooperation with the Government of TBD, is authorized to fund this subcontract under the authority of Chemonics’ prime USAID Contract No. TBD, funded by the USG. This is a firm fixed-price subcontract payable entirely in the currency indicated in the cover page. No additional sums will be payable for any escalation in the cost of materials, equipment or labor, or because of the Subcontractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required. Chemonics will not adjust the subcontract price due to fluctuations in currency exchange rates. Chemonics will only make changes in the subcontract price or time to complete due to changes made by Chemonics in the work to be performed, or by delays caused by Chemonics. ARTICLE 4. PERIOD OF PERFORMANCE The period of performance for this Subcontract is TBD. The Subcontractor shall deliver the deliverables set forth in Article 5 in accordance with the schedule stipulated therein. Unless otherwise stated, all references to “days” in this subcontract means calendar days. ARTICLE 5. DELIVERABLES AND DELIVERABLE SCHEDULE The Subcontractor shall deliver to Chemonics the following deliverables, in accordance with the following Deliverables Schedule: Deliverable Deliverable Name Deliverable Due Date Delivery Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 27 of 49 Number 1 2 3 4 5 etc. Location/Method TBD TBD TBD TBD TBD Deliverable No. 1 includes the TBD Deliverable No. 2 includes the TBD Deliverable No. 3 includes the TBD Deliverable No. 4 includes the TBD Deliverable No. 5 includes the TBD etc. Deliverable No. TBD is a comprehensive Final Report that includes details on the brands, models, licenses, and serial numbers of all commodities delivered to and accepted by Chemonics. In addition, the Final Report shall also include certifications for all equipment from the Subcontractor confirming warranty coverage in accordance with Article 8 of this subcontract; this warranty coverage shall be extended to Chemonics, USAID, and TBD. The Final Report shall include a summary of all processes, contact information, and guidance for exercising warranty service and support on the various commodities supplied under this subcontract. The Final Report shall be submitted in Microsoft Office or PDF format to TBD. All commodities delivered under this subcontract must be new; no used or refurbished commodities will be accepted. All commodities, software, and licenses delivered under this subcontract must be transferable to USAID, the TBD, or another entity in the Cooperating Country designated by Chemonics. ARTICLE 6. DELIVERY TERMS A. Delivery terms are TBD. The Subcontractor shall deliver the deliverables as set forth in Article 5 to the delivery locations specified in Article 5. B. Time is of the essence. By executing this subcontract, the Subcontractor confirms that it accepts that the delivery schedule stated herein is reasonable, and will comply with the delivery schedule. C. Customs clearance. The Subcontractor shall clear any international shipments through customs and deliver them to the appropriate location(s) specified in Article 5. Chemonics is responsible for providing the Subcontractor with the necessary documentation required by cooperating country customs officials for duty-free customs clearance. D. Consignee address. For any international shipments requiring customs clearance in the cooperating country, the following consignee address shall be used on each shipment to facilitate duty-free and tax-free customs clearance: TBD E. U.S.-flag requirement. Any international transportation carried out under this subcontract shall take place on US-flag vessels/carriers. Any international air transportation shall be in accordance with FAR 52.247-63 (“Preference for U.S.-Flag Air Carriers”) and FAR 47.403 (“Guidelines for Implementation of the Fly America Act”). ARTICLE 7. PACKING Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 28 of 49 A. All commodities supplied under this subcontract must be packed according to the best international packing standards, suitable to prevent theft, loss, or damage, including water damage, to cargo during transit and until safe arrival at the delivery point. B. The contents of each box in any shipments delivered under this subcontract shall be clearly labeled with the corresponding part number and line item number from the commodity schedule and technical specifications sheets. C. A complete itemized packing list shall be carried in a clearly-marked “packing list” envelope affixed to the outside of each shipping container or box used to deliver the goods. Each packing list must show a complete narrative description of the goods, all applicable part number, and the corresponding line item number. ARTICLE 8. WARRANTY AND SERVICE All commodities supplied under this subcontract must be covered by the manufacturer’s standard warranty which shall, at a minimum, be valid in TBD and protect Chemonics from any loss due to defective workmanship, material, and parts, for thirty-six (36) months after delivery of the commodities. In the event that the warranty is breached, Chemonics may require, and the Subcontractor is bound, to remedy all defects and faults, including both workmanship and materials within a reasonable time of notification. The Subcontractor shall be responsible for all necessary transportation charges required to ship the defective commodities to the manufacturer and return to Chemonics. In the event of the Subcontractor’s refusal, failure, or inability to remedy such discrepancies within a reasonable time of notification, Chemonics may remedy such defects on his own and claim the reasonable cost of such remedial action from the Subcontractor. All warranty service, repair, and supply of parts shall take place within the cooperating country. Under this subcontract, the following local TBD agent(s) are authorized by the Subcontractor to provide all in-country warranty and post warranty service: TBD At the time that any commodity(ies) supplied under this subcontract is (are) transferred to the TBD, the Government of TBD, or another entity within the cooperating country, all rights to warranty support and service provided to Chemonics under this subcontract shall be transferred with the commodity(ies) to the that entity’s end-user. The Subcontractor shall continue to honor all warranty support and services for the duration of the warranty period. PART 2. ARTICLE 9. PAYMENT AND FINANCIAL OBLIGATIONS SUBCONTRACT PRICE The Subcontractor shall complete all work (including furnishing all labor, material, commodities,, equipment, and services) required under this subcontract for the fixed price of TBD . This price shall include all equipment, commodities, shipping costs, licenses, permits, administration costs, labor costs, materials, overhead, profit, and all other costs. The Subcontractor will be paid the installment amounts listed under the column named “Payment Amount” only upon successful completion and acceptance by Chemonics of all corresponding deliverables listed in the column named “Corresponding Deliverable Name.” Payment No. 1 2 Corresponding Deliverable Name Payment Amount [TBD]% of subcontract fixed price [TBD]% of subcontract fixed price Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 29 of 49 3 4 5 etc. ARTICLE 10. [TBD]% of subcontract fixed price [TBD]% of subcontract fixed price [TBD]% of subcontract fixed price [TBD]% of subcontract fixed price PAYMENT TERMS Chemonics will pay the total price through a series of installment payments as provided in Article 9 above, after Subcontractor’s completion of the corresponding deliverables and Chemonics’ acceptance thereof. The Subcontractor may submit invoices for deliverables that have been accepted and approved by the authorized Chemonics representative. Chemonics will pay the Subcontractor’s invoice within thirty (30) days after the following conditions have been fulfilled: a) the Subcontractor has delivered a proper invoice, in compliance with Article 11 below. b) Chemonics has issued an inspection certificate, in compliance with Article 27 below. Payment will be made in TBD, paid via check or wire transfer to the account specified in the Subcontractor’s invoice. Payment of unpaid balances will be made upon completion and final acceptance of all works and deliverables by Chemonics. Any invoices for services rendered and deliverables submitted—but not accepted by Chemonics—will not be paid until the Subcontractor makes sufficient revisions to the deliverables such that Chemonics may approve the deliverables and thus the invoice. ARTICLE 11. INVOICE REQUIREMENTS The Subcontractor shall present an invoice to Chemonics only for services and/or commodities that have been accepted by Chemonics. The invoice must be an original invoice, submitted to: Chemonics International Inc. Attention: TBD To constitute a proper invoice, the Subcontractor’s invoice must include the following information and/or attached documentation. This information will assist Chemonics in making timely payments to the Subcontractor: 1. Subcontractor legal name, subcontract number, invoice date, and invoice number. 2. Deliverable(s) number, description of approved deliverable(s), and corresponding value. 3. Bank account information to which payment shall be sent. ARTICLE 12. COOPERATING COUNTRY FEES, TAXES, AND DUTIES This subcontract is entered into by Chemonics on behalf of the TBD Project, an official program of the Government of the United States in TBD. The Subcontractor is responsible for payment of all applicable taxes, as prescribed under the applicable laws, associated with wages/salaries/compensation for services rendered by individuals employed by the Subcontractor and who are directed to work as required under this Subcontract. The Subcontractor is liable for payment of all applicable taxes associated with revenues (profit), and other such taxes, fees, or dues for which Subcontractor is normally responsible as a result of operating its business. ARTICLE 13. SET-OFF CLAUSE Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 30 of 49 Chemonics reserves the right of set-off against amounts payable to Subcontractor under this subcontract or any other agreement in the amount of any claim or refunds Chemonics may have against the Subcontractor. ARTICLE 14. [RESERVED] PART 3. ARTICLE 15. ADDITIONAL TERMS AND CONDITIONS GOVERNING LANGUAGE The Subcontract is executed in the English language, which shall be the binding and controlling language for all matters relating to the meaning and/or interpretation of this Subcontract. ARTICLE 16. AUTHORIZED REPRESENTATIVES Any action, modification, notice, request, or consent required to be given or made pursuant to this subcontract must be in writing and may only be made by the authorized representatives specified below or their designee(s): For Chemonics International Inc.: TBD For Subcontractor: ARTICLE 17. TBD AUTHORIZED USAID GEOGRAPHIC CODE The authorized USAID geographic code for this subcontract is USAID Geographic Code TBD in accordance with the United States Code of Federal Regulations (CFR), 22 CFR §228, available at: http://www.gpo.gov/fdsys/pkg/CFR-2012-title22-vol1/pdf/CFR-2012-title22-vol1-part228.pdf. The source and nationality of all goods, commodities, and services provided under this subcontract must meet the above-specified USAID geographic code specified in accordance with the regulations found in 22 CFR 228. The cooperating country for this subcontract is TBD. No commodities or related services may be supplied under this subcontract that are manufactured or assembled in, shipped from, transported through, or otherwise involving any of the following countries: Burma (Myanmar), Cuba, Iran, North Korea, (North) Sudan, Syria. Related services include incidental services pertaining to any/all aspects of this work to be performed under a resulting subcontract (including transportation, fuel, lodging, meals, and communications expenses). ARTICLE 18. RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FAR 52.225-13) (a) Except as authorized by the Department of Treasury’s Office of Foreign Assets Control (OFAC), the Subcontractor shall not acquire for its use in the performance of this subcontract, any supplies or services if any proclamation, U.S. Executive Order, U.S. statute, or OFAC’s implementing regulations (31 CFR Chapter V), would prohibit such a transaction by a U.S. person, as defined by law. (b) Except as authorized by OFAC, most transactions involving Cuba, Iran, the Sudan, Burma and North Korea are prohibited, including importing/exporting to/from the United States, engaging in financial transactions, or facilitating any prohibited transactions by third parties. Lists of entities and individuals subject to economic sanctions – which are updated routinely - are included in Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 31 of 49 OFAC’s List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn. It is the Subcontractor’s responsibility to remain informed as to sanctioned parties and to ensure compliance with all relevant U.S. sanctions and trade restrictions. More information about these restrictions, as well as updates, is available in the OFAC’s regulations at 31 CFR Chapter V and/or on OFAC’s website at http://www.treas.gov/offices/enforcement/ofac. (c) The Subcontractor shall insert this article, including this paragraph (c), in all subcontracts and subawards issued under this subcontract. ARTICLE 19. COMPLIANCE WITH U.S. EXPORT LAWS Subcontractor warrants and agrees to comply with all U.S. export laws and regulations and other applicable U.S. law and regulations, including but not limited to: (i) the Arms Export Control Act (AECA), 22 U.S.C. 2778 and 2779; (ii) Trading with the Enemy Act (TWEA), 50 U.S.C. App. §§ 144; (iii) International Traffic in Arms Regulations (ITAR), 22 C.F.R. Parts 120-130.; (iv) Export Administration Act (EAA) of 1979 and the Export Administration Regulations (EAR) 15 C.F.R. Parts 730-774, (including the EAR anti-boycott provision); (v) the International Emergency Economic Powers Act (IEEPA), 50 U.S.C. 1701-1706 and Executive Orders of the President under IEEPA, 50 U.S.C. app. §§ 2401-2420; (vi) Office of Foreign Asset Controls (OFAC) Regulations, 31 C.F.R. Parts 500-598; and (vii) other applicable U.S. laws and regulations. As required, subject to Chemonics’ prior approval for all exports or imports under the Subcontract, Subcontractor shall determine any export license, reporting, filing or other requirements, obtain any export license or other official authorization, and carry out any customs formalities for the export of goods or services. Subcontractor agrees to cooperate in providing any reports, authorizations, or other documentation related to export compliance requested by Chemonics. Subcontractor agrees to indemnify, hold harmless and defend Chemonics for any losses, liabilities and claims, including as penalties or fines as a result of any regulatory action taken against Chemonics as a result of Subcontractor’s noncompliance with this provision. ARTICLE 20. ANTI-BOYCOTT COMPLIANCE It is the policy of Chemonics International to comply fully with all U.S. export control laws, including the Export Administration Regulations (EAR) anti-boycott provisions, 15 CFR Part 760 [and Ribicoff Amendment to the 1976 Tax Reform Act (TRA)], which encourage, and in specified cases, require U.S. firms to refuse to participate in foreign boycotts that the United States does not sanction, and encompass adherence to applicable reporting requirements. Conduct that may be penalized under the regulations includes: Agreements to refuse or actual refusal to do business with or in Israel or with blacklisted companies. Agreements to discriminate or actual discrimination against other persons based on race, religion, sex, national origin or nationality. Agreements to furnish or actual furnishing of information about business relationships with or in Israel or with blacklisted companies. Agreements to furnish or actual furnishing of information about the race, religion, sex, or national origin of another person. The Subcontractor and its owners, directors, officers, employees, or agents thereof, agrees that it shall not engage in such conduct or enter agreements to that effect. The Subcontractor shall report to Chemonics when any such requests related to the work of this Subcontract are encountered and shall agree to any required reporting of such requests to the U.S. Department of Commerce Bureau of Industry and Security and Internal Revenue Service. Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 32 of 49 ARTICLE 21. (a) ANTI-KICKBACK Definitions. 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 TBD 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 article, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual. Subcontractor employee, as used in this article, 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, as required. The Subcontractor agrees to cooperate fully with any United States Government agency investigating a possible violation described in paragraph (b) of this article. 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 article in any contract it may issue under this subcontract. ARTICLE 22. TERRORIST FINANCING PROHIBITION The Subcontractor (including its employees, consultants, and agents) by entering into this subcontract certifies that it does not engage, support or finance individuals and/or organizations associated with terrorism. The Subcontractor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. A list of entities and individuals subject to restrictions, prohibitions and sanctions can be found at the web site of the Department of Treasury’s Office of Foreign Assets Control (OFAC), at http://treasury.gov/ofac. It is the legal responsibility of the Subcontractor to ensure compliance with the Executive Order 13224 and other U.S. laws prohibiting terrorist financing. This provision must be included in all subcontracts or subawards issued under this subcontract. ARTICLE 23. ELIGIBILITY OF SUBCONTRACTORS In accordance with Federal Acquisition Regulation (FAR) Clause 52.209-6, “Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment,” (SEP 2006), no commodities, software, goods, materials, or services shall be eligible for USAID financing or reimbursement under this subcontract if provided by a subcontractor or supplier Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 33 of 49 (or a subcontractors’ or suppliers’ principle) that is debarred, suspended, or proposed for debarment by USAID or the USG. This applies to the Subcontractor and the Subcontractor’s subcontractors and suppliers as well. ARTICLE 24. COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS The Subcontractor shall perform all work, and comply in all respects, with applicable laws, ordinances, codes, regulations, and other authoritative rules of the United States and TBD 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 subcontract, which are incorporated by reference into this subcontract, and appear in Article 35, Clauses Incorporated by Reference. ARTICLE 25. INDEMNITY AND SUBCONTRACTOR WAIVER OF BENEFITS A. The Subcontractor waives any additional benefits and agrees to indemnify and save harmless Chemonics, USAID, and TBD, their officers, directors, agents, and employees from and against any and all claims and liability, loss, expenses, suits, damages, judgments, demands, and costs (including reasonable legal and professional fees and expenses) arising out of: (1) the acts or omissions of Subcontractor, its employees, officers, directors, agents or its subcontractors; (2) injury or death to persons, including officers, directors, employees, agents and subcontractors of Subcontractor, or loss of or damage to property, or fines and penalties which may result, in whole or in part, by reason of the buying, selling, distribution, or use of any of the goods or services purchased or provided under this Subcontract except to the extent that such damage is due to the negligence of Chemonics; (3) the infringement or violation of any patent, copyright, trademark, service mark, trade secret, or other proprietary interest of any third party resulting from Chemonics’ use, distribution, sale, sublicensing, or possession of the goods (including software and all forms of written materials) or services purchased or provided, as authorized hereunder, or from the use or possession of said goods or services by Chemonics, USAID, and TBD, as authorized hereunder; or false claims submitted by Subcontractor or its subcontractors under this Subcontract or as a result of a Subcontractor misrepresentation of fact or fraud by Subcontractor. B. Subcontractor shall defend and settle at its sole expense all suits or proceedings arising out of the foregoing, provided that Subcontractor has notice or is given prompt written notice of such claim or suit and, further, that Subcontractor shall be given necessary information, reasonable assistance and the authority to defend such claim or suit. Subcontractor shall not settle, compromise or discharge any pending or threatened suit, claim or litigation, arising out of, based upon, or in any way related to the subject matter of this subcontract and to which Chemonics is or may reasonably be expected to be a party, unless and until Subcontractor has obtained a written agreement, approved by Chemonics (which shall not be unreasonably withheld) and executed by each party to such proposed settlement, compromise or discharge, releasing Chemonics from any and all liability. C. If any of the goods or services provided by Subcontractor hereunder, including without limitation software and all forms of written materials, become the subject of a claim of infringement or violation of a third party's intellectual property, privacy and/or proprietary rights, Subcontractor shall, at its own expense, use its best efforts— (1) to procure for Chemonics the right to continue use and, if authorized under this Subcontract, distribution of the infringing goods or services or, (2) to modify the goods or services to make them non-infringing, or to replace them with equivalent, non-infringing counterparts. Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 34 of 49 If none of the above-mentioned can be successfully implemented, then Subcontractor shall refund to Chemonics all monies paid to the Subcontractor for the infringing goods and services. ARTICLE 26. 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 subcontract will exclusively vest in or remain with Chemonics, which shall have all proprietary rights therein, notwithstanding that the Subcontractor or its employees may be the author of the intellectual property. All documents relating to the intellectual property or otherwise connected with this fixed price subcontract, the services, or duties must be returned or delivered to Chemonics at the time of the expiration or termination of the subcontract. The Subcontractor agrees not to publish or make use of any of the intellectual property, or documents relating thereto, without the prior written approval of Chemonics and proper attribution. ARTICLE 27. INSPECTION AND ACCEPTANCE A. Prior to delivery, any commodities under this subcontract—including raw materials, components, intermediate assemblies, and end products—shall be subject at any time to inspection and testing at the request of Chemonics at the expense of Chemonics. Chemonics will notify the Subcontractor in writing of the names of any inspectors or inspection firms. It is understood that inspection or testing shall not in any way release the Subcontractor from any warranty or other obligations under this subcontract. B. If any inspection or test is made by or on behalf of Chemonics on the premises of the Subcontractor, the Subcontractor shall provide reasonable facilities and assistance for the safety and convenience of Chemonics or its inspectors in the performance of their duties without additional charge. C. Once commodities have been delivered to the delivery point by the Subcontractor, Chemonics shall inspect the commodities to confirm compliance with the subcontract requirements. If the commodities are compliant with subcontract requirements, an inspection certificate will be issued by Chemonics. In the event that the commodities are not fully compliant, the Subcontractor shall be required to remedy any defects or faults prior to acceptance by Chemonics. ARTICLE 28. MODIFICATIONS Modifications to the terms and conditions of this subcontract, including any modification to the scope of work, may only be made by written agreement between authorized personnel of both Parties as stipulated in Article 16 of this subcontract. Each Party shall give due notice and consideration to any proposals for modification made by the other Party. ARTICLE 29. CHANGES In accordance with FAR Clause 52.243-1 “Changes—Fixed-Price” (AUG 1987), Chemonics may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this subcontract in the services to be performed. If any such change(s) causes an increase or a decrease in the cost, or the time required for the performance, or any part of the work under the subcontract, an equitable adjustment shall be made in the subcontract price or delivery schedule, or both, and the subcontract shall be modified in writing Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 35 of 49 accordingly. Any claim by the Subcontractor for adjustment under this subcontract must be asserted within 30 (thirty) days from the date of receipt by the Subcontractor of the modification or change. ARTICLE 30. ASSIGNMENT AND DELEGATION This subcontract may not be assigned or delegated, in whole or in part, by the Subcontractor without the written consent of Chemonics. Absent such written consent, any assignment is void. ARTICLE 31. GOVERNING LAW AND RESOLUTION OF DISPUTES A. Governing Law. This Subcontract, including any disputes related thereto, shall be governed by the laws of the District of Columbia. B. Disputes with the Government. Chemonics’ Prime Contract with the US Government is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Any claim arising out of the performance of this Subcontract that relates to any decision of the Government under the prime contract must be resolved in accordance with the clause at FAR 52.233-1 Disputes, which is incorporated herein by reference. (1) Any decision of the US Government under the Prime Contract, if binding on Chemonics, shall also bind the Subcontractor to the extent that it relates to this Subcontract, provided that Chemonics shall have promptly notified the Subcontractor of such decision and, if requested by Subcontractor, shall have brought suit or filed claim, as appropriate against the Government, or, in alternative, agreed to sponsor Subcontractor’s suit or claim. A final judgment in any such suit or final disposition of such claim shall be conclusive upon Chemonics and the Subcontractor. (2) For any action brought or sponsored by Chemonics on behalf of the Subcontractor pursuant to this article, 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 not covered by (B) above. (1) Negotiation. The Parties shall promptly attempt to resolve any Dispute by negotiation in the normal course of business. If, after good faith efforts, the Dispute is not resolved, either Party may request in writing that the Dispute be resolved via Executive Consultation pursuant to subparagraph (2) below. (2) Executive Consultation. For Disputes submitted to Executive Consultation, each Party shall designate a senior company official with authority and responsibility for attempting to resolve the matter. For Chemonics, such designee shall be a Senior Vice President, or a person at a higher level of authority. For Subcontractor, such designee shall be an authorized negotiator. The Party initiating the claim shall provide, in addition to documents supporting the claim, a brief summary of the claim, its perception of the positions of the Parties and any perceived barriers to settlement of the case. The summary may be submitted directly to the designated Party Executive. Within 30 calendar days after delivery of the claim summary, the Parties shall meet and attempt to resolve the Dispute. If the Dispute is not resolved within 45 days from submission of the claim summary, or such other amount of time as agreed between the Parties, the claiming Party may proceed under subparagraph (3) below. (3) Arbitration. Any controversy or claim between the Parties arising out of or relating to this Subcontract, or the breach thereof, that has not been resolved by Executive Consultation, Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 36 of 49 shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Optional Rules for Emergency Measures of Protection, unless otherwise provided herein. The arbitrators shall not be empowered to award damages in excess of compensatory damages and each Party expressly waives and foregoes any right to punitive, exemplary, or similar damages. Each Party will bear the cost of its own Attorney-Fees. The Arbitration shall be in Washington, D.C., unless otherwise agreed between the Parties. D. Obligation to perform work. Subcontractor shall diligently proceed with the performance of work pending final resolution of any Dispute. ARTICLE 32. FORCE MAJEURE “Force Majeure” as used herein means: acts of God, natural disasters, invasion or war (whether declared or not) and other hostilities, revolution, rebellion, labor disputes, insurrection or riot, confrontation or other disorder, ionizing radiation or confrontation by regular activity from any unclear or waste, radio-active, biological, chemical or toxic explosives or other hazardous properties of any explosives, biological or chemical agents, nuclear assembly or nuclear components thereof, or other act, event or circumstance of a similar nature or force, arising from circumstances beyond the control of the Subcontractor or which Subcontractor could not reasonably be expected to have taken into account and which or the consequences of which the Subcontractor could not reasonably be expected to have avoided or overcome. The Subcontractor shall not be liable for any excess costs if the failure to perform the subcontract arises out of a Force Majeure cause and if the Subcontractor, within 20 (twenty) days from the beginning of any such Force Majeure, notifies Chemonics of such prevention of performance and the cause thereof. If the failure to perform is caused by the fault of a Subcontractor’s subcontractor and if such default arises out of causes beyond the control of both the Subcontractor and the Subcontractor’s subcontractor and without the fault or negligence of either of them (Force Majeure), and the Subcontractor, within 20 (twenty) days from the beginning of any such Force Majeure, notifies Chemonics in writing of such prevention of performance and the cause thereof, the Subcontractor shall not be liable for any excess costs due to the failure to perform, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Subcontractor to meet the required delivery schedule. ARTICLE 33. TERMINATION 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 Article 35 herein. 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). ARTICLE 34. SURVIVAL The provisions set forth in the following Articles of this subcontract will survive after termination or expiration of this subcontract and will remain in effect until fulfilled: Article 8. Warranty Support and Service Article 12. Cooperating Country Fees, Taxes, and Duties Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 37 of 49 Article 24. Article 25. Article 31. Compliance with Applicable Laws and Standards Indemnity and Subcontractor Waiver of Benefits Governing Law and Resolution of Disputes PART 4. ARTICLE 35. CLAUSES INCORPORATED BY REFERENCE CLAUSES INCORPORATED BY REFERENCE This fixed price subcontract incorporates the following clauses of the Federal Acquisition Regulation (48 Code of Federal Regulations, Chapter 1) and USAID Acquisition Regulation (48 Code of Federal Regulations, Chapter 7) by reference, with the same force and effect as if they were given in full text. The full text is available at https://acquisition.gov/far/ and http://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf. Modifications which apply to this fixed price subcontract appear after each clause. It is understood and agreed that the Subcontractor may be obligated by and to Chemonics for any specifications or documentation required of Chemonics under these clauses, and that references to the Contractor may also refer to the Subcontractor. The Subcontractor hereby agrees to abide by the terms and conditions imposed by these clauses. With respect to documentation and approvals required under these clauses, all such documentation and approvals shall be submitted to or requested from Chemonics. References in the text of incorporated clauses to “the Government,” “USAID,” or “Contracting Officer” may, depending on their context, refer to “Chemonics,” and references to “the Contractor” may refer to the “Subcontractor.” Federal Acquisitions Regulation (FAR) Clauses FAR CLAUSE NUMBER 52.202-1 52.203-3 52.203-6 52.203-7 52.203-8 52.203-10 52.209-6 52.215-14 52.222-19 52.225-13 52.225-14 52.227-2 52.227-9 52.228-3 52.229-6 52.242-15 52.243-1 (Alt I) 52.243-7 52.246-2 TITLE AND YEAR DEFINITIONS (JUL 2004) GRATUITIES (APR 1984) RESTRICTION ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) ANTI-KICKBACK PROCEDURES (JUL 1995) CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006) INTEGRITY OF UNIT PRICES (OCT 1997) CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (JUN 2004) RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2006) INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (FEB 2000) NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (AUG 1996) REFUND OF ROYALTIES (APR 1984) WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984) TAXES - FOREIGN FIXED PRICE CONTRACTS (JUN 2003) STOP-WORK ORDER (AUG 1989) CHANGES – FIXED PRICE (AUG 1987) (ALT I) (APR 1984) NOTIFICATION OF CHANGES (APR 1984) INSPECTION OF SUPPLIES – FIXED-PRICE (AUG 1996) Chemonics Doc No: FO.PROC.FT.002 Subcontract No. [enter subcontract number] Page 38 of 49 52.246-23 52.247-63 52.247-64 52.249-1 52.249-8 LIMITATION OF LIABILITY (FEB 1997) PREFERENCE FOR US-FLAG AIR CARRIERS (JUN 2003) PREFERENCE FOR PRIVATELY OWNED US-FLAG COMMERCIAL VESSELS (FEB 2006) TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 1984) DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) Agency for International Development Acquisitions Regulation (AIDAR) Clauses AIDAR CLAUSE NUMBER 752.202 Alt.70 and Alt.72 752.211-70 752.225-70 752.228-3 752.228-9 752.228-70 752.247-70 TITLE AND YEAR DEFINITIONS ALT. 70/ALT.72 (JANUARY, 1990) LANGUAGE AND MEASUREMENT (JUNE, 1992) SOURCE AND NATIONALITY REQUIREMENTS (FEBRUARY, 2012) WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) CARGO INSURANCE MEDICAL EVACUATION (MEDEVAC) SERVICES (JULY 2007) PREFERENCE FOR PRIVATELY OWNED US-FLAG COMMERCIAL VESSELS (OCT 1996) Chemonics Doc No: FO.PROC.FT.002 Annex 1 Cover Letter [Offeror: Insert date] Subcontracts Team USAID Promote: Women in Government Chemonics Afghanistan Limited Management and Implementation Services The Baron/Dreshak, Hawa Shanasi Road, Khawaja Rawash, Kabul, Afghanistan Reference: Request for Proposals [Insert RFP name and number] Subject: [Offeror: Insert name of your organization]’s technical and cost proposals Dear Mr./Mrs. [Insert name of point of contact for RFP]: [Offeror: Insert name of your organization] is pleased to submit its proposal in regard to the abovereferenced request for proposals. For this purpose, we are pleased to provide the information furnished below: Name of Organization’s Representative Name of Offeror Type of Organization Taxpayer Identification Number DUNS Number Address Address Telephone Fax E-mail ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ As required by section I, I.7, we confirm that our proposal, including the cost proposal will remain valid for [insert number of days, usually 60 or 90] calendar days after the proposal deadline. We are further pleased to provide the following annexes containing the information requested in the RFP.: [Offerors: It is incumbent on each offeror to clearly review the RFP and its requirements. It is each offeror's responsibility to identify all required annexes and include them] I. II. III. IV. Copy of registration or incorporation in the public registry, or equivalent document from the government office where the offeror is registered. Copy of company tax registration, or equivalent document. Copy of trade license, or equivalent document. Evidence of Responsibility Statement. Sincerely yours, ______________________ Signature [Offeror: Insert name of your organization's representative] [Offeror: Insert name of your organization] PART.FT.039, Rev.008, 23 December 2015 FO.LPRT.FT.002 Monitoring and Evaluation Data Collection RFP-WIG-00348 Page 40 of 49 Annex 2 Guide to Creating a Financial Proposal for a Fixed Price Subcontract The purpose of this annex is to guide offerors in creating a budget for their cost proposal. Because the subcontract will be funded under a United States government-funded project, it is important that all offerors’ budgets conform to this standard format. It is thus recommended that offerors follow the steps described below. Step 1: Design the technical proposal. Offerors should examine the market for the proposed activity and realistically assess how they can meet the needs as described in this RFP, specifically in section II. Offerors should present and describe this assessment in their technical proposals. Step 2: Determine the basic costs associated with each deliverable. The cost proposal should provide the best estimate of the costs associated with each deliverable, which should include labor and all nonlabor costs, e.g. other direct costs, such as fringe, allowances, travel and transport, etc. Other direct costs, i.e. non-labor, include for example the following: 1. 2. 3. 4. 5. 6. Local travel and transportation, and associated travel expenses, if applicable, Lodging and per diem expenses associated with travel, if applicable, Rent Utilities Communications Office supplies Under no circumstances may cost information be included in the technical proposal. No cost information or any prices, whether for deliverables or line items, may be included in the technical proposal. Cost information must only be shown in the cost proposal. Step 3: Create a budget for the cost proposal. Each offeror must create a budget using a spreadsheet program compatible with MS Excel. The budget period should follow the technical proposal period. A sample budget is shown on the following page. Step 4: Write Cost Notes. The spreadsheets shall be accompanied by written notes in MS Word that explain each cost line item and the assumption why a cost is being budgeted as well as how the amount is reasonable. PART.FT.039, Rev.008, 23 December 2015 FO.LPRT.FT.002 Monitoring and Evaluation Data Collection RFP-WIG-00348 Page 41 of 49 Sample Budget Offerors should revise the budget line items accordingly in response to the technical and cost requirements of this RFP. Design, Production and Distribution of Communication Materials for District Courts and Supreme Court BUDGET Offeror's Names RFP TITLE RFP # No. Desciption 1 Design Quantity Unit Frequency Unit Cost per unit 1 1 pack ver 4 4 court court Rp Rp 100 100 Rp Rp Rp Rp exp exp 4 8 court court Rp Rp 100 100 Rp200,000 Rp400,000 Annual Report Leaflet Sub Total 2 2.1 2.2. Production Cost Annual Report Leaflet 3 Distribution Management PIC 500 500 Sub Total 1 Sub Total GRAND TOTAL Total 400 400 800 Rp 400,000 pack 4 court Rp 100 Rp 400 Rp Rp 400 Rp 877,100 [Instructions: Remember to insert any specific cost guidance or requirements. Reference any applicable sections in the RFP that include cost instructions. For example, "customs duties or VAT may not be included in the cost proposal"] PART.FT.039, Rev.008, 23 December 2015 FO.LPRT.FT.002 Monitoring and Evaluation Data Collection RFP-WIG-00348 Page 42 of 49 Annex 3 Required Certifications SECTION 5: REQUIRED CERTIFICATIONS The following certifications must be completed and submitted in the Technical Volume: SECTION 5-1: CERTIFICATE OF INDEPENDENT PRICE DETERMINATION CERTIFICATE OF INDEPENDENT PRICE DETERMINATION _________________________(hereinafter called the "offeror") (Name of Offeror) (a) The offeror certifies that— (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to— (i) Those prices; (ii) The intention to submit an offer; or (iii) The methods or factors used to calculate the prices offered. (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory— (1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or (2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization]; (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision. (c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. Company Name: By (Signature): ___________________ Title: _____________________ Printed Name: ____________________ Date: ____________________ PART.FT.039, Rev.008, 23 December 2015 FO.LPRT.FT.002 Monitoring and Evaluation Data Collection RFP-WIG-00348 Page 43 of 49 SECTION 5-2: CERTIFICATION REGARDING RESPONSIBILITY MATTERS CERTIFICATION REGARDING RESPONSIBILITY MATTERS (a) (1) The Offeror certifies, to the best of its knowledge and belief, that (i) The Offeror and/or any of its Principals (A) Are , are not , presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have , have not , within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (C) Are , are not , presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; (D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (ii) The Offeror has has not , within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment; and similar positions). This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Section 1001, Title 18, US Code. (b) The Offeror shall provide immediate written notice to Chemonics if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by Chemonics may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available Chemonics, Chemonics may terminate the contract resulting from this solicitation for default. Company Name: By (Signature): ___________________ Title: _____________________ Printed Name: ____________________ Date: _____________________ PART.FT.039, Rev.008, 23 December 2015 FO.LPRT.FT.002 Monitoring and Evaluation Data Collection RFP-WIG-00348 Page 44 of 49 SECTION 5-3: EVIDENCE OF RESPONSIBILITY STATEMENT EVIDENCE OF RESPONSIBILITY STATEMENT This statement describes the offeror’s internal policies and procedures, as well as its ability to comply with the terms and conditions of a potential subcontract resulting from RFP No. [enter RFP number]. The offeror shall complete the information in this statement as part of its proposal. Company Name: 1. Authorized Negotiators The offeror’s proposal in response to RFP No. [enter RFP number] may be discussed with any of the following individuals. These individuals are authorized to represent our company in negotiation of this proposal. Names of authorized negotiator(s): These individuals can be reached at the following office: Address: Telephone/Email: 2. Adequate Financial Resources We hereby certify that the above-named company maintains adequate financial resources to manage any subcontract resulting from this offer. 3. Ability to Comply We certify we are able to comply with the proposed schedule and period of performance, having taken into consideration all existing business commitments, commercial as well as governmental. 4. Record of Performance, Integrity, and Business Ethics Our record of integrity is outstanding. We have no allegations of lack of integrity or of questionable business ethics. Our integrity can be confirmed by our Past Performance References, contained in the Technical Volume. 5. Organization, Experience, Accounting and Operational Controls, and Technical Skills Describe how the subcontract will be managed: 6. Equipment and Facilities We maintain the necessary facilities and equipment to carry out the subcontract. 7. Eligibility to Receive Award We are qualified and eligible to receive an award under applicable laws and regulation. In addition, we have performed similar work – describe: 8. Acceptability of Subcontract Terms and Conditions We have reviewed the solicitation document and attachments and agree to the terms and conditions set forth therein. I hereby certify that the above statements are true and accurate, to the best of my knowledge. Company Name: By (Signature): ___________________ Title: _____________________ Printed Name: ____________________ Date: _____________________ PART.FT.039, Rev.008, 23 December 2015 FO.LPRT.FT.002 Monitoring and Evaluation Data Collection RFP-WIG-00348 Page 45 of 49 Annex 4 DUNS and SAM Registration Guidance What is DUNS? The Data Universal Numbering System (DUNS) is a system developed and regulated by Dun & Bradstreet (D&B) - a company that provides information on corporations for use in credit decisions that assigns a unique numeric identifier, referred to as a DUNS number, to a single business entity. The DUNS database contains over 100 million entries for businesses throughout the world, and is used by the United States Government, the United Nations, and the European Commission to identify companies. The DUNS number is widely used by both commercial and federal entities and was adopted as the standard business identifier for federal electronic commerce in October 1994. The DUNS number was also incorporated into the Federal Acquisition Regulation (FAR) in April 1998 as the Federal Government's contractor identification code for all procurement-related activities. Why am I being requested to obtain a DUNS number? U.S. law – in particular the Federal Funding Accountability and Transparency Act of 2006 (Pub.L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub.L. 110-252) - make it a requirement for all entities doing business with the U.S. Government to be registered, currently through the System for Award Management, a single, free, publicly- searchable website that includes information on each federal award. As part of this reporting requirement, prime contractors such as Chemonics must report information on qualifying subawards as outlined in FAR 52.204-10 and 2CFR Part 170. Chemonics is required to report subcontracts with an award valued at greater than or equal to $30,000 under a prime contract and subawards under prime grants or prime cooperative agreements obligating funds of $25,000 or more, whether U.S. or locally-based. Because the U.S. Government uses DUNS numbers to uniquely identify businesses and organizations, Chemonics is required to enter subaward data with a corresponding DUNS number. Is there a charge for obtaining a DUNS number? No. Obtaining a DUNS number is absolutely free for all entities doing business with the Federal government. This includes current and prospective contractors, grantees, and loan recipients. How do I obtain a DUNS number? DUNS numbers can be obtained online at http://fedgov.dnb.com/webform/pages/CCRSearch.jsp or by phone at 1-800-234-3867 (for US, Puerto Rico and Virgin Island requests only). What information will I need to obtain a DUNS number? To request a DUNS number, you will need to provide the following information: Legal name and structure Tradestyle, Doing Business As (DBA), or other name by which your organization is commonly recognized Physical address, city, state and Zip Code Mailing address (if separate) Telephone number Contact name Number of employees at your location Description of operations and associated code (SIC code found at https://www.osha.gov/pls/imis/sicsearch.html) Annual sales and revenue information PART.FT.039, Rev.008, 23 December 2015 FO.LPRT.FT.002 Monitoring and Evaluation Data Collection RFP-WIG-00348 Page 46 of 49 Headquarters name and address (if there is a reporting relationship to a parent corporate entity) How long does it take to obtain a DUNS number? Under normal circumstances the DUNS is issued within 1-2 business days when using the D&B web form process. If requested by phone, a DUNS can usually be provided immediately. Are there exemptions to the DUNS number requirement? There may be exemptions under specific prime contracts, based on an organization’s previous fiscal year income when selected for a subcontract award, or Chemonics may agree that registration using the D&B web form process is impractical in certain situations. Organizations may discuss these options with the Chemonics representative. What is CCR/SAM? Central Contractor Registration (CCR)—which collected, validated, stored and disseminated data in support of agency acquisition and award missions—was consolidated with other federal systems into the System for Award Management (SAM). SAM is an official, free, U.S. government-operated website. There is NO charge to register or maintain your entity registration record in SAM. When should I register in SAM? While registration in SAM is not required for organizations receiving a grant under contract, subcontract or cooperative agreement from Chemonics, Chemonics requests that partners register in SAM if the organization meets the following criteria requiring executive compensation reporting in accordance with the FFATA regulations referenced above. SAM.gov registration allows an organization to directly report information and manage their organizational data instead of providing it to Chemonics. Reporting on executive compensation for the five highest paid executives is required for a qualifying subaward if in your business or organization's preceding completed fiscal year, your business or organization (the legal entity to which the DUNS number belongs): (1) received 80 percent or more of its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and, (3) The public have does not have access to information about the compensation of the executives in your business or organization (the legal entity to which the DUNS number it provided belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the US Internal Revenue Code of 1986. If your organization meets the criteria to report executive compensation, the following sections of this document outline the benefits of and process for registration in SAM.gov. Registration may be initiated at https://www.sam.gov. There is NO fee to register for this site. Why should I register in SAM? Chemonics recommends that partners register in SAM to facilitate their management of organizational data and certifications related to any U.S. federal funding, including required executive PART.FT.039, Rev.008, 23 December 2015 FO.LPRT.FT.002 Monitoring and Evaluation Data Collection RFP-WIG-00348 Page 47 of 49 compensation reporting. Executive compensation reporting for the five highest paid executives is required in connection with the reporting of a qualifying subaward if: a. In your business or organization's preceding completed fiscal year, your business or organization (the legal entity to which the DUNS number belongs) received (1) 80 percent or more of its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and, b. The public have does not have access to information about the compensation of the executives in your business or organization (the legal entity to which the DUNS number it provided belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. What benefits do I receive from registering in SAM? By registering in SAM, you gain the ability to bid on federal government contracts. Your registration does not guarantee your winning a government contract or increasing your level of business. Registration is simply a prerequisite before bidding on a contract. SAM also provides a central storage location for the registrant to supply its information, rather than with each federal agency or prime contractor separately. When information about your business changes, you only need to document the change in one place for every federal government agency to have the most up-to-date information. How do I register in SAM? Follow the step-by-step guidance for registering in SAM for assistance awards (under grants/cooperative agreements) at: https://www.sam.gov/sam/transcript/Quick_Guide_for_Grants_Registrations.pdf Follow the step-by-step guidance for contracts registrations at: https://www.sam.gov/sam/transcript/Quick_Guide_for_Contract_Registrations.pdf You must have a Data Universal Numbering System (DUNS) number in order to begin either registration process. If you already have the necessary information on hand (see below), the online registration takes approximately one hour to complete, depending upon the size and complexity of your business or organization. What data is needed to register in SAM? SAM registrants are required to submit detailed information on their company in various categories. Additional, non-mandatory information is also requested. Categories of required and requested information include: * General Information - Includes, but is not limited to, DUNS number, CAGE Code, company name, Federal Tax Identification Number (TIN), location, receipts, employee numbers, and web site address. * Corporate Information - Includes, but is not limited to, organization or business type and SBAdefined socioeconomic characteristics. * Goods and Services Information - Includes, but is not limited to, NAICS code, SIC code, Product Service (PSC) code, and Federal Supply Classification (FSC) code. PART.FT.039, Rev.008, 23 December 2015 FO.LPRT.FT.002 Monitoring and Evaluation Data Collection RFP-WIG-00348 Page 48 of 49 * Financial Information - Includes, but is not limited to, financial institution, American Banking Association (ABA) routing number, account number, remittance address, lock box number, automated clearing house (ACH) information, and credit card information. * Point of Contact (POC) Information - Includes, but is not limited to, the primary and alternate points of contact and the electronic business, past performance, and government points of contact. * Electronic Data Interchange (EDI) Information* - Includes, but is not limited to, the EDI point of contact and his or her telephone, e-mail, and physical address. (*Note: EDI Information is optional and may be provided only for businesses interested in conducting transactions through EDI.) Annex A PART.FT.039, Rev.008, 23 December 2015 FO.LPRT.FT.002 Monitoring and Evaluation Data Collection RFP-WIG-00348 Page 49 of 49 PART.FT.039, Rev.008, 23 December 2015 FO.LPRT.FT.002