Kabul City Initiative Program – 22 Districts of Kabul province – Afghanistan
Contract No. 306-C-00-08-00515-00
Task Order: EPP-I-05-04-00035-00
Tetra Tech ARD/KCI Request for Proposal No - 001-120
00
Date of Issuance:
Feb 13, 2012
Closing Date for Questions:
Feb 20, 2012 at 11:00 AM kciquestions@kci-tetratechard.com
Closing Date for
Submission of Proposals:
Opening Date for Financial
Proposals:
SUBJECT:
Feb 27, 2012 at 11:00 AM RFP@kci-tetratech-ard.com
Feb 28, 2012 at 2:00 PM, KCI Meeting Room, Kabul
Municipality
Tetra Tech ARD/KCI Request for Proposal No - 001- 120 entitled:International
Computer Driving License (ICDL) Training and Certification
Dear Sir or Madam,
You are hereby invited to submit a technical and financial proposal in support of Tetra Tech
ARD/KCI’s subject Request for Proposal No. 001- 120.
1.
Statement of Work:
A description of the technical requirements for this Project is presented in the attached Statement of
Work. (Appendix A)
2.
Please note that:
 Costs of preparing the proposal and of negotiating a contract are not reimbursable.
 Your proposal must be valid for 60 days from the date of its submission.
 Tetra Tech ARD/KCI is not bound to accept any of the proposals submitted.
3.
Questions
All questions must be submitted prior to the Closing Date for questions stated on the RFP Cover
Page. All Offerors must submit their questions to KCI via e-mail address: KCIQuestions@kcitetratech-ard.com , and the subject line of the email must contain the RFP No. 001- 120 entitled:
International Computer Driving License (ICDL) Training and Certification. All questions and
subsequent replies will be distributed to all Offerors. In submitting questions each Offeror shall
include his/her full name, the name of the Offerors Company, and contact details. Any questions
received, along with Tetra Tech ARD/KCI responses will be made available to all invited Offerors in
the pre-proposal meeting scheduled above and will provide answers to all questions electronically by
1
a modification to the RFP. However, questions received after the date and time specified may
not be answered.
4.
Proposal Compliance and Responsiveness Determination:
There will be the initial review of your proposals following bid opening to ensure that all forms and
certifications are complete, that all elements of the RFP have been addressed, and both the technical
and financial proposal are received.
It should also be noted that if you fail to submit your proposal in both Dari and English your
proposal will be rejected.
5.
Submittal Requirements:
Electronic Submission ONLY
Follow the followings while submitting the proposals by email:





The ARD/KCI email gateway accepts messages whose total size with attachments is 8MB (no
zipped or compressed files) and consist of two physically separate parts (Part A – Technical and
Part B Financial);
An email proposal must be submitted to RFP@kci-tetratech-ard.com the subject line of the email
must contain the Request for Proposal No - 001- 120 entitled: International Computer
Driving License(ICDL) Training and Certification. Acceptable native file formats are
Microsoft Office Suite applications (.DOC, .XLS, .MDB) or Adobe Acrobat (.PDF);
Time of receipt of the email is the ARD/KCI email gateway time-stamp of the message header;
It is the sole responsibility of the Offeror to ensure that the electronic media submitted is virus free
and can be opened and read by TT ARD/KCI. If we are unable to open and read the offer you will
be notified and shall have 24 hours to correct the deficiencies. After that time if the media cannot
be opened or read by TT ARD/KCI staff the offer will be considered “Non Responsive” and
rendered ineligible for award; and.
Late submissions – Any proposal received by TT ARD/KCI after the exact time specified for
receipt of offers is “late” and will not be considered.
Email Proposal: Respondents are encouraged to request a “read receipt” to assure that
your proposals have been read and that your submission is timely and in accordance with
deadlines identified in the RFP. Proposals received after 11:00 on the day of closing will be
rejected.
6.
Technical and Financial Proposal Requirements:
Tetra Tech ARD has invited Technical and Financial proposals from firms who have expressed an
interest in performing work under this project. It is requested that Offerors organize their
Technical and Financial. Proposals as noted below. This request is made to facilitate Tetra Tech
ARD/KCI’s review of the submitted material thus enabling a rapid decision and contracting
process.
2
7.
Technical Proposal Requirements:
The technical proposal must be written in English and Dari excluding appendixes/supporting
documents. A maximum of 10 type-written pages (Type: Times New Roman, Font Size 11, Margins:
1” all around) will be allowed with no more than 3 pages covering Company Information and
Relevant Past Performance. The technical proposal shall be submitted in the format set forth below,
responding to points A through D as follows:
A. Firm Information



Provide the name, address and license of your firm.
Provide the contact information for your primary contact for this project.
If you are partnering with other firms or institutions, provide this information for
each partner and the percentage of the work that they will be performing
Please describe your firm’s management structure, list all owners and identify the Key
Personnel that would be working on this project assuming an award. Please include a brief
statement about the capabilities and experience. CVs should be used. Please also comment
on each team member’s English and Afghan language capabilities.
B. Past Performance
Please outline the experience your firm has had in performing work similar to that described
in Appendix A. For each project, please include the name of the client and his or her
contact information (current and most recent information required, within the last
year). It is Tetra Tech ARD/KCI’s intention to contact some of these clients for testimonials
regarding your firm’s performance in these areas:



C.
The quality of the work performed by the Offeror,
The timeliness of the effort performed by the Offeror, and
Whether the Client would use Offeror’s services should they have similar needs in
the future?
Technical Approach
Please submit a detailed technical write-up (project implementation strategy and
management) for this specific project. Offerors must include a Gantt chart.
D. Financial Proposal Requirements
The offeror’s proposal is presumed to represent its best effort in response to the solicitation.
Any inconsistency, whether real or apparent between promised performance and cost or
price shall be explained in your proposal. Any significant inconsistency, if unexplained,
would raise a fundamental issue of the offeror’s understanding of the nature and scope of
work required and its fundamental ability to perform the contract, and may be grounds for
rejection of the proposal. The burden of proof as to cost credibility rests with the offeror.
3
It should be noted that a narrative describing the basis on which the costs were derived as
well as an explanation for whom, why, where, when, etc. and supporting information must
be provided in sufficient detail to allow a complete analysis of each CLIN or sub-CLIN
cost/price.
The Offeror may submit their cost proposal in their own format as long as it is organized to allow
Tetra Tech ARD to determine the following cost elements at a minimum.






Breakdowns of Level of Effort cost by person-day or man-month.
Direct Material Costs by item:
Travel-related costs being proposed.
Other direct costs being proposed.
Proposed Profit.
As example of the desired content of proposals is as follows:
EXAMPLE OF COST PROPOSAL
Detailed Budget Breakdown
Activity Description
Direct Project Personnel:
Project Manager
Database Developer
GIS Specialist
Subtotal Project Direct labor
Indirect Project Personnel:
Project Director
Finance Director
Clerical Support
Project Support labor
Activity Description
Other Direct Costs:
GIS Training - Days
System Hosting (Rackspace) - Months
Stationary & Supplies - Lot (3 Mo @ $75 plus $12)
Telephone & Postage - Lot (3 Mo @ $125 plus $28)
Security - Lot (3 mo @ $750, plus $250)
Total Other Direct Costs
Total Price
Days
Daily
Rate
No. of
units
TOTAL
(USD)
40
95
76
$150.00
$135.00
$135.00
1
1
1
$6,000
$12,825
$10,260
432
$135.90
21
36
108
165
$261.30
$261.30
$65.10
$132.88
1
1
1
$5,487
$9,407
$7,031
$21,925
Period
(days,
months,
or lot)
Rate per
Month
No. of
Units
Total
(USD)
10
15
lot
lot
lot
100
200
lot
lot
lot
2
15
lot
lot
lot
$1,000
$3,000
$256
$403
$2,500
$58,710
$7,159
$87,794
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8. Proposal Evaluation Criteria:
It is intended that any award resulting from this RFP will be made to the Company whose proposal
represents the best overall value to KCI based on the Evaluation Criteria outlined.
A
B
C
A
B
B
D
E
F
Technical Evaluation Criteria:
Maximum
Points
Part A - Firm Information (Maximum 20 Points)
Did the offer provide all of the requested information?
Does the Offeror have a current business license to operate in Afghanistan?
Are the skills and experience of the proposed trainers applicable to the work
performed under the Statement of Work?
4
2
10
Part B - Past Performance (Maximum 20 Points)
Relevant Corporate Background and Capabilities
Recommendations from prior/current clients
Part C - Proposed Technical Approach to Complete the Work (Maximum
40 Points)
Reasonableness of Offerors proposed methodology for conducting the training
program.
Proposed pre-testing methodology and approach to prepare all level students
(low-High) for the ICDL modules certification test and guarantee their success
in the test.
Reasonableness of Proposed Schedule
Proposed methodology to deliver the training at each session according to the
students level and keeping them motivated in participating the sessions.
G Proposed methodology for failed students in the first attempt and to prepare
them for the second round of testing.
Technical Evaluation Scoring - Possible Total Score 80
Financial Evaluation Criteria:
A
B
C
D
Comparison with Internal Estimate:
Comparison to Other Bidders Proposals:
Cost realism: feasibility, reasonableness, completeness and allocability?
Has the Offeror conducted similar projects of this value?
TOTAL FINANCIAL SCORES - Possible Total Score 20
Possible Total Score – 100
10
8
8
10
8
10
10
80
Maximum
Points
6
6
4
4
20
100
9.
Negotiations:
Prior to the expiration of proposal validity, the Tetra Tech ARD/KCI shall notify the successful
Offeror and shall invite them to negotiate the Contract. The objective is to ensure that both parties
have a mutual understanding of project requirements and the Offeror’s plan to accomplish those
requirements. If a contract cannot be negotiated with the selected Offeror, Tetra Tech ARD/KCI
reserves the right to commence negotiations with other qualified Offerors. A sample contract for this
project is included as Appendix (C).
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10.
Start of Work:
The selected subcontractor is expected to commence work on the project immediately after contract
execution and meet with representatives of Tetra Tech ARD/KCI to present their detailed work plans
within three days after contract award.
11.
Payment Schedule:
A Proposed Payment Schedule for the subcontract is included in the Appendix C, draft contract.
Offerors may propose alternate payment schedules for discussion. A Firm Fixed Price contract is
envisioned with payments corresponding to contract deliverables.
12.
Unsuccessful Offerors:
Tetra Tech ARD/KCI will notify all Offerors once a subcontract has been awarded and advise them
of the areas of their proposal contributed to their not being successful.
13.
Offeror’s Letter and Check List
All Offerors are required to submit their proposal using the Offeror’s Letter (Appendix D) and Check
List included herewith as Appendix (E). The purpose of this document is to help Offerors ensure that
their proposal is complete.
14.
Award
TT ARD/KCI intends to award one subcontract resulting from this competition to a responsible
Offeror whose proposal represents the best overall value after the proposal evaluation in accordance
with the factors set forth in the RFP.
15.
National Security Screening Process:
Please note in an effort to protect National Security Interests and because TT ARD/KCI is the
steward of USAID/US Government funding we are required by USAID/Afghanistan to take
appropriate steps to ensure that neither USAID funds nor USAID funded activities inadvertently or
otherwise provide support to terrorist or criminal groups. In an effort to cooperate fully with USAID
requirements you may be asked to complete a USAID Form 500-13(08/2008) and provide a copy of
your valid AISA licenses, and for the individual identified on that licenses a copy of his/her tazkira
and/or passport. Please be advised that you are not required to submit this information with your
proposal, but you may be asked to provide it in the future.
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16.
Appendixes:
Appendix A- Statement of Work
Appendix B - Draft Contract
Appendix C - Offeror’s Letter
Appendix D - Checklist for RFP
Appendix E – Conflict of Interest
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Appendix (A)
Statement of Work
for
International Computers Driving License (ICDL) Training and Certification Project
1. Background
Tetra Tech ARD, a US-based international development firm is implementing a USAID funded
project: the Kabul City Initiative (KCI) in Kabul, Afghanistan. The objectives of this project are to
create effective, responsive, transparent, and accountable municipal governance in the Kabul
Municipality (KM) which consists of a central administration and 22 administrative districts. The
goal of the KCI is to provide technical assistance to the KM to 1) increase the capacity of GIRoA
officials in the Kabul Municipality; 2) markedly improve the delivery of municipal services and
infrastructure development; and, 3) increase municipal capacity to generate revenue and to
account for revenue and expenditures. It is anticipated that as a result of KCI, Kabul residents will
receive improved services, understand the responsibilities of municipal leaders, play an active role
in the municipal decision-making process, and see local governance structures as legitimate.
Under this project the Subcontractor shall design and implement a training program to enable 200
Kabul Municipality employees to get training in all 4 Modules of ICDL and achieve certification.
The 200 participants have been assessed using questions similar to those found on the ICDL
exams. A copy of the assessment instrument is attached in Annex A.
2. Objective
The objective of the International Computer Driver’s License Training and Certification project is
to achieve computer literacy among Kabul Municipality employees and enable them to conduct
their daily activities on their own. This training will assist the KM in its transition from a paper
based system to the era of computer technology to better utilize the citizens of Kabul.
As a result of this training a minimum of 175 of the 200 participants will:
 Have the minimal English language skills needed to operate a computer with an Englishlanguage operating system and software;
 Achieve the ICDL semi-certification in all four modules(Module 2,3,4 and 7) during the
course of the contract ;
 Demonstrate that they are using the computer to perform daily tasks related to their job.
3. Subcontractor Requirements
The subcontractor shall describe in the proposal its methodology for ensuring that participants are
able to progress to ICDL certifications in the most efficient and effective manner. The
subcontractor’s proposal shall include its plan for meeting the requirements listed below.
3.1
Design and prepare curriculum material for Basic English language training oriented
towards non-English speakers using English language-based operating system and
software. These materials will include handouts, presentations and tests.
8
Classroom activities should be interactive in nature and be moderated to assist participants
with the development of Basic English skills and effective computer techniques.
Suggestions are requested on the inclusion of case studies, group work assignments, or
other tools to encourage participation and enhance comprehension of the material.
3.2
In advance of the classes conduct a brief assessment survey of the participants to establish
the level of skill of the individuals being trained, and adjust the methodology of the
sessions accordingly. Prior to the start of English classes the subcontractor shall provide
Tetra Tech ARD/KCI with a copy of the curriculum and training materials in English and
Dari, for review and approval. All materials developed for the purpose of these trainings
will be the property of Tetra Tech ARD/KCI and USAID who shall have the right to use
these materials after completion of this contract. The subcontractor must have the legal
right to use copyrighted materials if used during the class. The standard ICDL training
materials will be provided by Tetra Tech ARD/KCI. These materials have been legally
purchased by KCI.
3.3
Facilitate daily, two hour-long courses for one month on English-for-computers training.
The purpose of which is to aid in preparing the Kabul Municipal employees for ICDL
training. (There will be 2 sessions per day for two hour)
3.4
Facilitate daily, two hour-long courses for five months on 4 determined ICDL modules
(Modules 2, 3, 4 and 7), following the completion of English for Computers training. The
purpose of which is to aid in preparing the Kabul Municipal employees to pass the ICDL
certification exam in at all four modules and to apply their computer skills to their daily
work. (There will be 2 sessions per day for two hour and 1 hour practice at the end of each
session.)
Subcontractor requirements for this Project are the following:








3.4
Setup the schedule for the training venue;
Conduct a pre-test and post-test for all participants;
Prepare a daily attendance sheet and submit it with the daily report to KCI;
At the completion of each module, evaluate the comprehension of materials
covered in the training and the overall satisfaction of the participants with
the training;
Provide all stationary needed for the training.
Conduct a participant evaluation of the course following completion;
Prepare participants to sit for ICDL certification exam at an authorized
venue; and,
Prepare a final report.
Evaluate participants’ capacity to pass the ICDL certification exam in each module.
Facilitate participants’ to take the exam, including payment of fees.
9
4
ICDL Materials:
KCI will provide ICDL standard materials to all 200 trainees.
5
Project Deliverables:
Documentation and reports to be delivered during the course of this project are specified in the
table below.
Item
1
2
3
Description
Handouts, presentations and quizzes that cover all of the topics in
the English-for-computers course
During the periods when classes are in session, daily reports
submitted via email to include a signed attendance sheet and the
results of any tests; the completion of any new deliverables
(handouts, presentations, tests); and report on any obstacles that are
impeding the progress of the Project.
Final report for each class/module conducted. Final reports shall be
submitted in English and Dari and shall include, at a minimum:
 Pre-training and post-session evaluation forms completed by
each student shall be submitted, indicating students’ training
needs before the training and perception/satisfaction with the
training conducted
 Attendance and details of participants (contact, gender, age),
signed by two trainers
 Copies of all materials used in the class will also be provided
to Tetra Tech ARD/KCI at the conclusion of the class.
 All documentation shall be prepared in English and Dari.
Due Date
5 days after
contract award
By 5 pm after
each day’s class
5 days after the
completion of
each
training
course
4
Submit a monthly tracker of participants sitting for certification By
the
5th
exams
working day of
the
following
month
6
Location and Facilities
KCI is providing the training centers equipped with computers. Each computer training center will
also be equipped with an instructor’s desk and podium with laptop computer, a projector and
screen, white board, and a copy machine. Each facility has the capability to support the required
staff size in a secure location with access to electricity.
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7.
Period of Performance
The vendor will be expected to deliver on-site training at each CTCs in two sessions per day each
session containing different participants. Each session will be two hours long. Timing will be
between the hours of 8:00 am – 4:00 pm Saturdays through Wednesdays as listed below:
Basic English Language
Training
ICDL-Kabul
Municipality Computer
Training Center
ICDL-Urban Planning
Computer Training
Center
ICDL-Maintenance
Street Computer
Training Center
ICDL Greenery
Computer Training
Center
ICDL-Sanitation
Computer Training
Center
For the top
priority
KM
staff
who
supposed to
use computer
in their daily
work
One-Months (5days/week & 2
hours/day)
KM HQ, Urban
Planning, Streets &
Maintenance,
Greenery & sanitation
Computer Training
Centers.
5-Months (5days/week 2
hours/day)+ 1 Hour
Practice at the end of
each session.
2 sessions per day.
5-Months (5-days/week
2 hours/day)+ 1 Hour
Practice at the end of
each session.
2 sessions per day.
5-Months (5-days/week
2 hours/day)+ 1 Hour
Practice at the end of
each session.
2 sessions per day.
5-Months (5-days/week
2 hours/day)+ 1 Hour
Practice at the end of
each session.
2 sessions per day.
5-Months (5-days/week
2 hours/day)+ 1 Hour
Practice at the end of
each session.
2 sessions per day.
KMHQ ( Computer
Training Center)
Urban Planning
Computer Training
Center
Maintenance Street
Computer Training
Center
Greenery Computer
Training Center
Sanitation Computer
Training Center
1. Subcontractor key personal, staffing and management




It is envisioned that staff assigned to this project will consist primarily of Afghan nationals who will
coordinate and supervise implementation of activities under this project.
Subcontractor’s staff shall have a graduate or post graduate degree, have trainers with previous training
experience and advanced teaching techniques.
Staff must also have a University degree in English language and CVs are required for all proposed
staff.
Trainers must be ICDL certified.
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Appendix (B)
Draft Contract
For
International Computer Driving License (ICDL)
Training and Certification
_____________________
Issued under Contract No: 306-C-00-08-00515-00
Task Order No: EPP-I-00-04-00035-00
U.S. Agency for International Development (USAID)
SUBCONTRACT No: Tetra Tech ARD-KCI ______
Between
Tetra Tech ARD-KCI
Green Village, Off Jalalabad Road, PD# 6
Kabul, Afghanistan
and
Xxxx Company
ATTACHMENTS:
Attachment A
Contractors Certificate
Attachment B
Subcontract SOW
Attachment C
General Terms & Conditions
Attachment D
Subcontract Budget
Attachment E
Subcontractor’s Final Release Certificate and Indemnity
12
CONTRACT DATE:
In consideration of the services to be performed by:
Subcontractor:
Point of Contact:
(Hereinafter referred to as Subcontractor or (
)
And
Contractor:
TETRA TECH ARD/KCI
Green Village, Off Jalalabad Road, PD#6
Kabul – Afghanistan
(Hereinafter referred to as Tetra Tech ARD-KCI) shall pay the total fixed amount of US$ (
xxxxxxx )according to the terms and conditions set forth below:
PART 1
PART 2
PART 3
PART 4
PART 5
PART 6
PART 7
PART 8
PART 9
PART 10
PART 11
PART 12
PART 13
PART 14
PART 15
PART 16
PART 17
PART 18
PART 19
PART 20
STATEMENT OF WORK
INSPECTIONS AND ACCEPTANCE OF WORK
PAYMENT SCHEDULE
EXCUSABLE DELAYS/FORCE MAJEURE
DBA INSURANCE
CHANGES
LIMITATION OF LIABILITY
EXCLUSION OF WORK RELATIONSHIP
SUPERVISION
LEGAL REQUIREMENTS
RESTRICTIONS ON CERTAIN FOREIGN PURCHASES AND
PROHIBITION ON DRUG TRAFFICKERS
TERMINATIONS
DISPUTES
TERMS AND CONDITIONS
INCONSISTENCIES BETWEEN ENGLISH VERSION AND TRANSLATION
INDEMNIFICATIONS
PRIVITY OF CONTRACT
REQUIRED CERTIFICATIONS
WARRANTY
GENERAL MATTERS
13
PART 1
STATEMENT OF WORK:
The Period of Performance for this contract shall be ______ days from the effective date of
the contract.
PART 2
INSPECTIONS AND ACCEPTANCE OF WORK:
The Subcontractor shall tender for acceptance only those items and services that conform to the
requirements of this subcontract. Tech ARD reserves the right to inspect or test any supplies or
services that have been tendered for acceptance. Tetra Tech ARD/KCI may require repair or
replacement of nonconforming supplies or re-performance of nonconforming services at no
increase in subcontract price. Tetra Tech ARD/KCI must exercise its acceptance rights in writing:
(1)
(2)
Within a reasonable period of time after the defect was discovered or should have been
discovered; and
Before any substantial change occurs in the condition of the item, unless the change is due
to the defect in the item.
If, within three days of receipt of such notice, the Subcontractor does not improve performance as
determined by Tetra Tech ARD/KCI’s authorized representative, Tetra Tech ARD/KCI reserves
the right to terminate this subcontract.
It is understood that the only deliverables under this subcontract are Reports and Technical Data in
accordance with Attachment A. These reports will be inspected and approved by the Tetra Tech
ARD/KCI Project Manager or his/her designated person based upon the requirements of the
Statement of Work, Timeliness, and quality with respect to generally acceptable, professional
standards.
PART 3
Ite
m
1
2
3
4
PAYMENT SCHEDULE:
Description
Due Date
Training/Coaching Curriculum and work plan 10 days after contract
including course schedule.
award
Training/Coaching Materials
15 days after contract
award
Weekly Reports including attendance sheets, quiz Weekly
results, and a report on any obstacles impeding
the progress of the trainings.
Final Report with copies of all materials used in 10 days after completion
the training.
of trainings
Total
Price
TBD
TBD
TBD
TBD
14
The total amount of this subcontract shall be US $----TBD-------- Payments will be made as
shown above based upon receipt of an invoice in the specified amounts.
TETRA TECH ARD/KCI will pay the Vendor in accordance with the payment schedule stipulated
above. TETRA TECH ARD/KCI reserves the right to withhold payment if the Vendor fails to
meet its obligations, in part or in full, under this Subcontract; however TETRA TECH ARD/KCI
recognizes that holding the invoice may result in a delay or stop work by the Vendor. TETRA
TECH ARD/KCI will work with the Vendor to promptly resolve any issues that could cause a
delay as both the Vendor and TETRA TECH ARD/KCI wish to deliver this project on time.
All invoices shall be addressed to:
Faisal Qaderi
Finance Director
Tetra Tech ARD/Kabul City Initiative Project (KCI)
Green Village, Off Jalalabad Road, PD# 6
Kabul, Afghanistan
One copy of the invoice shall be submitted concurrently to the Subcontracts Specialist at:
Attn: Subcontracts Specialist
Tetra Tech ARD KCI/ Kabul City Initiative Project (KCI)
Green Village, Off Jalalabad Road, PD#6
Kabul – Afghanistan
A proper invoice must clearly indicate the following information:







Contract # DFD-I-00-05-00248, Task Order No. 2, Kabul City Initiative
Subcontract No:
Project Name:
Vendor Name and Remittance Address:
Invoice Date and Number:
Specific deliverable(s) completed:
Period for which Costs Claimed:
The following information should be included with the invoice in order to expedite the wiring of
payment:
Account Name:
Account #:
Bank Name:
SWIFT#:
Correspondent US Bank:
Correspondent ABA #
Correspondent Account #
15
In addition, the following certification shall be included and signed by an authorized
representative of the Vendor: "The undersigned hereby certifies that the invoice and any
attachments have been prepared from the books and records of the Vendor in accordance with the
terms of this contract, and to the best of my knowledge and belief are correct."
Certification:
I hereby certify, to the best of my knowledge and belief, that
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
This invoice and any attachments have been prepared from the books and records
of the Vendor in accordance with the terms of the Subcontract, and to the best of
my knowledge and belief, they are correct;
The amounts requested are only for performance in accordance with the
specifications, terms, and conditions of the contract;
The quantities and amounts involved are consistent with the requirements of the
Subcontract;
If invoicing using hourly/daily rates, that the amount claimed is proper and due,
that all hourly/daily rates claimed are for actual hours/days (or fractions thereof)
which have been satisfactorily provided/performed;
That other costs claimed are allowable and are actual direct costs incurred in
performance of the Subcontract, and have been paid by the Vendor;
All payments due to Vendors and suppliers from previous payments received under
the contract have been made, and timely payments will be made from the proceeds
of the payment covered by this certification, in accordance with the requirements of
Chapter 39 of Title 31, United States Code;
Appropriate refund shall be made to TETRA TECH ARD promptly upon request in
the event of disallowance of any costs by USAID resulted from any inconsistency
for services to be performed and/or goods to be supplied under the terms and
conditions of the Vendor; and
This certification is not to be construed as final acceptance of the Vendor’s
performance.
TETRA TECH ARD/KCI shall pay the Vendor within thirty (30) calendar days after receipt of a
proper invoice and acceptance of deliverables detailed in above.
TETRA TECH ARD/KCI reserves the right to withhold payment if the Vendor fails to meet its
obligations, in part or in full, under this Subcontract.
1
Final Invoice: Notwithstanding any other provision in this Subcontract to the contrary,
Subcontractor is required to submit the final invoice, appropriately marked as such, under
this Subcontract not later than ninety (90) calendar days after completion of the work, or
any longer period as may be mutually agreed between the parties. All final invoices must
be marked as such, and the following shall accompany the final invoice.
-
A release certificate (Attachment D) signed by the Subcontractor discharging the
Contractor and its Client of and from any liabilities, obligations, and claims arising
out of or under the Subcontract.
16
2
Tax Withholding
Pursuant to the revised provisions of the Government of Afghanistan Income Tax Law
2010, Article 72, effective June 25, 2010, Tetra tech-ARD-KCI is required to withhold
income tax at the prescribed rates at the time of making payment to the legal or natural
person(s) providing supplies, materials, construction and services under varies contracts,
including varies purchase order procurements whiten one fiscal year, for cumulative
transactions of AFA 500,000 ($10,000.00) and above.
Withholding Rate
The prescribed rate of income tax withholding is 2% of the gross purchase amount for
contractors/vendors who have a business license registered with the Afghanistan Investment
Support Agency (AISA); 7% of the gross purchase amount for contractors/vendors not
registered with AISA who are conducting business without a license or contrary to
approved by-law.
Remittance of Tax and Certificate of Withholding
As the tax withholding entity, Tetra tech-ARD-KCI is required to remit the income tax
amount withheld directly to the Ministry of Finance designated account by the 10th day of
the month following the transaction.
Tetra tech ARD-KCI will issue an income tax withholding certificate to the
contractor/vendor listing the gross payment, the amount of income tax withheld and the net
contract payment along with a copy of the payment form and deposit receipt for transfer
made to the designated Ministry of Finance account.
More detailed information on Afghanistan contract tax withholdings can be obtained at the
website of the Ministry of Finance Afghanistan, www.mof.gov.af/?p=Article%2072.
PART 4
EXCUSABLE DELAYS / FORCE MAJEURE:
Subcontractor shall be liable for default unless nonperformance is caused by an occurrence beyond
the reasonable control of the Subcontractor and without its fault or negligence, such as acts of God
or the public enemy, acts of the Government in its sovereign or contractual capacity, fires, floods,
epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common
carriers. Subcontractor shall notify ARD in writing as soon as it is reasonably possible after the
commencement of any excusable delay, setting forth the full particulars in connection therewith,
shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice
to the ARD of the cessation of such occurrence.
PART 5
DBA INSURANCE
Subcontractors are required to purchase DBA (Defense Based Act) insurance for all
employees working on the project.
17
PART 6
CHANGES:
A) Tetra Tech ARD/KCI may, at any time, without notice to the sureties, by written order
designated or indicated to be a change order, make any changes in the work within the general
scope of the contract, including but not limited to changes:
i.
ii.
iii.
in the specifications (including any tasks);
in the method of manner of performance of the work;
in the schedule for the performance of the work.
B) Any change order will be in writing and will not be valid unless it is in writing.
C) If any change under this clause causes an increase or decrease in the Subcontractor's cost of,
or the time required for, the performance of any part of the work under this contract, whether
or not changed by any order, an equitable adjustment shall be made and the contract modified
in writing accordingly:
D) If the Subcontractor intends to assert a claim for an equitable adjustment under this clause, he
must, submit a proposal within 30 days after receipt of a written change order.
E) No claim by the Subcontractor for an equitable adjustment hereunder shall be allowed if
asserted after final payment under this contract.
PART 7
LIMITATION OF LIABILITY:
The Subcontractor shall absorb all expenses associated with performance of the statement of work
and Tetra Tech ARD/KCI shall not be liable for payment in an amount greater than USD ---TBD-unless otherwise agreed to in writing.
In the event that this subcontract is terminated by Tetra Tech ARD/KCI prior to completion, Tetra
Tech ARD/KCI shall pay the vendor for work completed through the date of such termination in
an amount determined solely by Tetra Tech ARD/KCI that is based on the approved budget as
presented in Attachment C. The cumulative amount of all payments under this subcontract shall
not exceed the cost of performance through the date of termination.
PART 8
EXCLUSION OF WORK RELATIONSHIP:
The parties declare that this Subcontract does not generate a labor relationship between Tetra Tech
ARD/KCI and the contracted personnel or personnel assigned by the Subcontractor.
PART 9
SUPERVISION:
Supervision of the work under this Subcontract will be the responsibility of Tetra Tech ARD-KCI
Project Manager or his/her designated person.
18
PART 10
LEGAL REQUIREMENTS:
The Subcontractor is reminded that U. S. Executive Orders and U.S. law prohibits transactions
with, and the provision of resources and support to, individuals and organizations associated with
terrorism. It is the legal responsibility of the Subcontractor to ensure compliance with these
Executive Orders and laws. This statement must be included in all subcontracts/sub-awards issued
under this Subcontract.
One of the applicable orders is Executive Order 13224, dated September 24, 2001. The web site of
the Office of Foreign Assets Control (OFAC), of the Department of Treasury, contains the text of
that order and a list of the individuals and entities designated thereunder. It also contains lists of
individuals and entities designated under other applicable statutes, regulations and Executive
Orders. See http://www.treas.gov/offices/enforcement/ofac/
PART 11
RESTRICTIONS ON CERTAIN FOREIGN PURCHASES AND
PROHIBITION ON DRUG TRAFFICKING:
A) The Subcontractor shall not acquire, for use in the performance of this subcontract, any supplies
or services originating from sources within, or that were located in or transported from or through,
countries whose products are banned from importation into the United States under regulations of
the Office of Foreign Assets Control, Department of the Treasury. Those countries are Cuba,
Iran, North Korea, and Syria.
B) By signing below I hereby certify that within the last ten years:
i. I have not been convicted of a violation of, or a conspiracy to violate, any law or regulation of
the United States or any other country concerning narcotic or psychotropic drugs or other
controlled substances.
ii. I am not and have not been an illicit trafficker in any such drug or controlled substance.
iii. I am not and have not been a knowing assistor, abettor, conspirator, or colluder with others in
the illicit trafficking in any such drug or substance.
C) The Subcontractor shall insert this clause, including this paragraph (b), in all lower-tier sub
agreements.
PART 12
TERMINATION:
A) For convenience: Tetra Tech ARD/KCI reserves the right to terminate this subcontract, or
any part hereof, for its sole convenience. In the event of such termination, the Subcontractor
shall immediately stop all work hereunder and shall immediately cause any and all of its
suppliers and subcontractors to cease work. Subject to the terms of this subcontract, the
Subcontractor shall be paid a percentage of the subcontract price reflecting the costs incurred
prior to the notice of termination, plus reasonable charges that the Subcontractor can
demonstrate to the satisfaction of Tetra Tech ARD/KCI, using its standard record keeping
system, have resulted from the termination. The Subcontractor shall not be paid for any work
performed or costs incurred that reasonably could have been avoided.
B) For cause: Tetra Tech ARD/KCI may terminate this subcontract, or any part hereof, for cause
in the event of any default by the Subcontractor, or if the Subcontractor fails to comply with
19
any subcontract terms and conditions, or fails to provide Tetra Tech ARD/KCI, upon request,
with adequate assurances of future performance. In the event of termination for cause, Tetra
Tech ARD/KCI- shall not be liable to the Subcontractor for any amount for supplies or
services not accepted, and the Subcontractor shall be liable to Tetra Tech ARD/KCI- for any
and all rights and remedies provided by law. If it is determined that Tetra Tech ARD/KCI
improperly terminated this subcontract for default, such termination shall be deemed a
termination for convenience.
PART 13
DISPUTES:
A) Should a dispute as to the proper interpretation of this Subcontract, or Statement of Work or
material performed or furnished hereunder, arise which concerns the parties hereto only, or
Subcontractor and other subcontractors or suppliers, the same shall be decided by binding
arbitration, pursuant to the rules of arbitration of a recognized and mutually acceptable
national arbitration entity.
B) The Subcontractor shall proceed diligently with the Statement of Work, unless the subcontract
has been cancelled, pending final determination pursuant to any Disputes clause or pursuant
to any other action taken with respect to a claim or claims.
C) In the event either party institutes suit in court against the other party or against the surety of
such party, in connection with any dispute or matter arising under this Agreement, the
prevailing party shall be entitled to recover reasonable attorneys’ fees in addition to any other
relief granted by the court.
PART 14
TERMS AND CONDITIONS: – simplified acquisitions (other than
commercial items) (modified from far 52.213-4)
This subcontract agreement incorporates the Federal Acquisition Regulation (FAR) clauses listed
in Attachment B by reference. The text of each clause and the FAR shall be deemed to be
modified with respect to the identification of parties as provided in paragraphs a. and b. below.
A) Unless one of the exceptions provided in paragraph (C) below shall apply, the term "Contract"
shall mean "Subcontract"; the term "Contractor" shall mean "Subcontractor"; the term
"Government" shall mean “Tetra Tech ARD/KCI "; and the term "Contracting Officer" shall
mean the “Tetra Tech ARD/KCI Subcontracts Manager.”
B) The following instances are exceptions to the general rules of construction as provided in
paragraph (A):
i. Where it is clear, by the context of the provision itself or the conditions under which it is
being applied, that the reference is intended to refer to the Government, its officers or
agents, or the prime contractor specifically;
ii. Where an explicit provision of this subcontract states a contrary intent;
iii. Where access to proprietary financial information or other proprietary data is required; or
iv. Where interpretation in accordance with the rules stated above would place the prime
contractor in a position of violating the equivalent or related provisions of the prime
contract whereas construction of the terms without modification would not.
20
C) References in any provision incorporated by reference herein to the "Disputes" clause shall be
construed as references to the “Disputes” clause contained in Part 12 of this subcontract. No
provision herein shall be taken to imply any direct access on the part of the Subcontractor to
the disputes process as defined in the terms of the Prime Agreement.
The full text of a clause incorporated by reference may be accessed electronically at this/these
address(s): http://www.arnet.gov/far and http://www.usaid.gov
PART 15
INCONSISTENCIES BETWEEN ENGLISH VERSION AND
TRANSLATION:
In the event of inconsistencies between any terms of this subcontract and any translation into
another language, the English language meaning shall control.
PART 16
INDEMNIFICATIONS:
In addition to any other remedies that Tetra Tech ARD/KCI may have, the Subcontractor shall
indemnify, hold harmless and defend Tetra ARD and USAID from any and all claims, damages,
demands, suits, actions, judgments, liabilities or costs or expenses of any nature including legal
expenses and consequential or special damages or costs and including property damages or injury
to the Subcontractor, its employees, agents, lower tier subcontractors or to any third party or its
property, occasioned by any negligent or otherwise wrongful act of the Subcontractor, its lower
tier subcontractors or anyone for whose actions the Subcontractor is legally responsible or arising
from Subcontractor’s breach of this Subcontract or negligent performance hereunder and arising
out of work done under this Subcontract.
PART 17
PRIVITY OF CONTRACT:
a. The contractual relationship for this Subcontract is between Tetra Tech ARD/KCI and
Subcontractor. There is no privity of contract between Subcontractor and USAID.
b. All communications between Subcontractor and USAID must be approved in advance by
Tetra Tech ARD's KCI Contracts Manager. In no event shall Subcontractor provide cost
estimates or work products directly to USAID or any other third party.
c. Under no circumstances shall Subcontractor act upon directions given by a representative of
USAID without the specific written confirmation by the Tetra Tech ARD/KCI Contract
Manager. All such direction and technical liaison shall take place through Tetra Tech
ARD/KCI. Tetra Tech ARD/KCI will not be liable for costs of work performed by
Subcontractor outside of these terms. If Subcontractor receives such direction from any
representative of USAID, Subcontractor shall notify the Tetra Tech ARD/KCI Contract Officer
as soon as possible before taking any action based upon such direction.
d. Publicity and News Release: In accordance with USAID regulations, no releases shall be
made to the news media or the general public relating to participation on the Program without
the prior written approval of TETRA TECH ARD/KCI, which approval shall not be
unreasonably withheld. The parties further agree that news releases made by either of them
shall recognize the participation and contribution of the other party.
21
e. Publications: Vendor shall not publish or publicly disseminate any information or data
derived or obtained from or in connection with any services rendered hereunder, without the
prior written consent of TETRA TECH ARD/KCI and USAID.
f. Communications with USAID and Other Agencies: All of Vendor’s contractual written or
oral communications with or to USAID, or local agencies relative to the Works under the
Subcontract, must be through or with the authorization of TETRA TECH ARD/KCI COP.
PART 18
GENERAL MATTERS:
This document sets forth all of the terms and provisions of the Subcontract between the parties
hereto. This Subcontract may not be modified, altered, amended, or changed except in writing
signed by the party against whom such a modification, amendment, or change is asserted or
claimed. This Subcontract shall be construed under the laws of the State of Vermont and the
United States of America.
I have read the above terms and conditions, and, as the Subcontractor's authorized representative,
my signature below legally represents the Subcontractor's concurrence with the terms and
conditions and the unconditional acceptance of this subcontract.
For Subcontractor
For Tetra Tech ARD/KCI:
KCI Chief of Party
Date
Date
22
Attachment A
Version: 0.1
CONTRACTOR’S CERTIFICATIONS
Subcontract under 150K USD
Project name:
Kabul City Initiative (KCI)
Issue Date
08-25-2011
Pages: 5
The following Certifications are required from Subcontractors prior to issuing a subcontract:
1. Certification Regarding Responsibility Matters - APR 2010. (FAR Reference 52.209-5).
2. Prohibition on Assistance to Drug Traffickers. (22 CFR Part 140).
3. Certification Regarding Terrorist Financing. (Implementation of Executive Order 13224).
1. CERTIFICATION REGARDING RESPONSIBILITY MATTERS.
FAR Reference 52.209-5.
As prescribed in 9.104-7(a), insert the following provision:
Certification Regarding Responsibility Matters (APR 2010)
(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 not presently debarred, suspended, proposed for debarment, or declared
ineligible for the award of contracts by any Federal agency;
(B) 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; and
(C) 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.
23
(D) 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.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it
has been assessed. A liability is not finally determined if there is a pending
administrative or judicial challenge. In the case of a judicial challenge to the
liability, the liability is not finally determined until all judicial appeal rights
have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if
the taxpayer has failed to pay the tax liability when full payment was due
and required. A taxpayer is not delinquent in cases where enforced
collection action is precluded.
(2) Examples.
(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §
6212, which entitles the taxpayer to seek Tax Court review of a proposed
tax deficiency. This is not a delinquent tax because it is not a final tax
liability. Should the taxpayer seek Tax Court review, this will not be a final
tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax
liability, and the taxpayer has been issued a notice under I.R.C. § 6320
entitling the taxpayer to request a hearing with the IRS Office of Appeals
contesting the lien filing, and to further appeal to the Tax Court if the IRS
determines to sustain the lien filing. In the course of the hearing, the
taxpayer is entitled to contest the underlying tax liability because the
taxpayer has had no prior opportunity to contest the liability. This is not a
delinquent tax because it is not a final tax liability. Should the taxpayer seek
tax court review, this will not be a final tax liability until the taxpayer has
exercised all judicial appeal rights.
(iii)The taxpayer has entered into an installment agreement pursuant to I.R.C. §
6159. The taxpayer is making timely payments and is in full compliance
with the agreement terms. The taxpayer is not delinquent because the
taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not
delinquent because enforced collection action is stayed under 11 U.S.C. 362
(the Bankruptcy Code).
(ii) The Offeror has not, within a three-year period preceding this offer, had one or more
contracts terminated for default by any Federal agency.
24
(2) "Principals," for the purposes of this certification, means officers; directors; owners;
partners; and, persons having primary management or supervisory responsibilities within a
business entity (e.g., general manager; plant manager; head of a subsidiary, division, or
business segment, and similar positions).
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, United States Code.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time
prior to contract award, the Contractor 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 determination of the Offeror's: responsibility. Failure of
the Offeror to furnish a certification or provide such additional information as requested by the
Contracting Officer may render the Contractor non responsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render, in good faith, the certification required by paragraph (a) of this
provision. The knowledge and information of an Offeror is not required to exceed that which
is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon
which reliance was placed when making award. If it is later determined that the Offeror
knowingly rendered an erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting from this solicitation
for default.
2. KEY INDIVIDUAL CERTIFICATION NARCOTICS OFFENSES AND DRUG
TRAFFICKING
22 CFR Part 140, Prohibition on Assistance to Drug Traffickers.
Note: This certification shall be filled by any key person proposed in the project.
I hereby certify that within the last ten years:
1. I have not been convicted of a violation of, or a conspiracy to violate, any law or regulation of
the United States or any other country concerning narcotic or psychotropic drugs or other
controlled substances.
2. I am not and have not been an illicit trafficker in any such drug or controlled substance.
3. I am not and have not been a knowing assistor, abettor, conspirator, or colluder with others in
the illicit trafficking in any such drug or substance.
25
NOTICE:
1. You are required to sign this Certification under the provisions of 22 CFR Part 140,
Prohibition on Assistance to Drug Traffickers. These regulations were issued by the
Department of State and require that certain key individuals of organizations must sign this
Certification.
2. If you make a false Certification you are subject to U.S. criminal prosecution under 18 U.S.C.
1001.
3. A false certification from a key person involved in the project, shall result in the termination of
his/her contract with the operator.
3. CERTIFICATION REGARDING TERRORIST FINANCING
Implementation of Executive Order 13224
Certification Regarding Terrorist Financing, Implementing Executive Order 13224
(a) The Recipient, to the best of its current knowledge, did not provide, within the previous ten
years, and will take all reasonable steps to ensure that it does not and will not knowingly
provide, material support or resources to any individual or entity that commits, attempts to
commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to
commit, facilitated, or participated in terrorist acts, as that term is defined in paragraph (c).
(b) The following steps may enable the Recipient to comply with its obligations under paragraph
(a)
(1) Before providing any material support or resources to an individual or entity, the Recipient
will verify that the individual or entity does not (i) appear on the master list of Specially
Designated Nationals and Blocked Persons, which list is maintained by the U.S. Treasury’s
Office of Foreign Assets Control (OFAC) and is available online at OFAC’s website:
http://www.treas.gov/offices/eotffc/ofac/sdn/t11sdn.pdf, or (ii) is not included in any
supplementary information concerning prohibited individuals or entities that may be
provided by USAID to the Recipient.
(2) Before providing any material support or resources to an individual or entity, the Recipient
also will verify that the individual or entity has not been designated by the United Nations
Security (UNSC) sanctions committee established under UNSC Resolution 1267 (1999)
(the “1267 Committee”) [individuals and entities linked to the Taliban, Usama bin Laden,
or the Al Qaida Organization]. To determine whether there has been a published
designation of an individual or entity by the 1267 Committee, the Recipient should refer to
the
consolidated
list
available
online
at
the
Committee’s
website:
http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm.
26
(3) Before providing any material support or resources to an individual or entity, the Recipient
will consider all information about that individual or entity of which it is aware and all
public information that is reasonably available to it or of which it should be aware.
(4) The Recipient also will implement reasonable monitoring and oversight procedures to
safeguard against assistance being diverted to support terrorist activity.
(c) For purposes of this Certification(1)
“Material support and resources” means currency or monetary instruments
or financial securities, financial services, lodging, training, expert advice or assistance, safe
houses, false documentation or identification, communications equipment, facilities,
weapons, lethal substances, explosives, personnel, transportation, and other physical assets,
except medicine or religious materials.”
“Terrorist act” means-
(2)
(i)
an act prohibited pursuant to one of the 12 United Nations Conventions and
Protocols related to terrorism (see UN terrorism conventions Internet site:
http://untreaty.un.org/English/Terrorism.asp); or
(ii)
an act of premeditated, politically motivated violence perpetrated against
noncombatant targets by subnational groups or clandestine agents; or
(iii)
any other act intended to cause death or serious bodily injury to a civilian,
or to any other person not taking an active part in hostilities in a situation of armed
conflict, when the purpose of such act, by its nature or context, is to intimidate a
population, or to compel a government or an international organization to do or to
abstain from doing any act.
(3) “Entity” means a partnership, association, corporation, or other organization, group or
subgroup.
(4) References in this Certification to the provision of material support and resources shall not
be deemed to include the furnishing of USAID funds or USAID-financed commodities to
the ultimate beneficiaries of USAID assistance, such as recipients of food, medical care,
micro-enterprise loans, shelter, etc., unless the Recipient has reason to believe that one or
more of these beneficiaries commits, attempts to commit, advocates, facilitates, or
participates in terrorist acts, or has committed, attempted to commit, facilitated or
participated in terrorist acts.
(5) The Recipient’s obligations under paragraph (a) are not applicable to the procurement of
goods and/or services by the Recipient that are acquired in the ordinary course of business
through contract or purchase, e.g., utilities, rents, office supplies, gasoline, etc., unless the
Recipient has reason to believe that a vendor or supplier of such goods and services
commits, attempts to commit, advocates, facilitates, or participates in terrorist acts, or has
committed, attempted to commit, facilitated or participated in terrorist acts.
27
This certification is an express term and condition of the agreement and any violation of it shall be
grounds for unilateral termination of the agreement by USAID prior to the end of its term.”
SIGNATURE
By signature hereon, or on an offer incorporating these Representations, Certifications, and Other
Statements of Offerors, the Contractor certifies that they are accurate, current, and complete, and
that the Contractor is aware of the penalty prescribed in 18 U.S.C. 1001 for making false
statements in offers.
By signing below the subcontractor provides certifications for:
1.
2.
3.
4.
5.
Certification Regarding Responsibility Matters - APR 2010. (FAR Reference 52.209-5),
Prohibition on Assistance to Drug Traffickers. (22 CFR Part 140),
Certification Regarding Terrorist Financing. (Implementation of Executive Order 13224),
Anti-Kickback Procedures – OCT 2010. (FAR Reference 52.203-7), and,
Certification and Disclosure Regarding Payments to influence Certain Federal
Transactions - SEP 2007 (FAR Reference 52.203-11).
Subcontract #:
_____________________________________________________________________
Subcontractor Name:
_________________________________________________________________
Project Title:
________________________________________________________________________
Name and Title: __________________________________________________
Signature: ____________________________ Date: ______________________
28
Appendix (C)
Offeror’s Letter
Tetra Tech ARD-KCI
Green Village, Off Jalalabad Road, PD# 6
Kabul, Afghanistan
Attention: Subcontracts Specialist
Subject: Tetra tech ARD-KCI Project entitled ICDL Training and Certification
Dear Sir:
We, the undersigned, offer to undertake subject work in accordance with your Request for
Proposal ------------ dated ------------------ and our Proposal (Technical and Cost volumes) are
attached.
This proposal shall remain valid for a period of sixty (60) days from the date of this submission.
Commissions and gratuities, if any, paid or to be paid by us to agents relating to this Proposal and
subcontract execution, if we are awarded the subcontract, are listed below. State NONE if none
are paid.
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
We understand you are not bound to accept any Proposal you receive.
Our completed Check List is attached.
Thank you for the opportunity to participate in this important project.
Respectfully,
______________________
Authorized Signature:
Name and Title of Signatory:
Name of Firm:
Address:
Telephone:
29
Appendix (D)
RFP Checklist
Offeror: ______________________________________________________
Have you?
Submitted your technical and financial proposal to Tetra Tech ARD-KCI through stated
email, by the required deadline?
Does your proposal include the following?
Cover Letter (use template in RFP)
CVs for Overall Manager, top Technical Position, and top On-Site Position
Certification or Licensing Requirement
List of Relevant Contract Experience and References
Dari Translation of Technical Proposal
30
APPENDIX (E)
This page must be signed by Offeror and returned with the quotation.
CERTIFICATION OF ANTI-KICKBACK AND NO CONFLICT OF INTEREST
Offeror hereby acknowledges that Tetra Tech ARD/KCI is a USAID contractor and must fully
comply with all USAID regulations, including those relating to ethics and integrity in purchasing.
Specifically, there may be no transactions entered into by Tetra Tech ARD/KCI that involve
kickbacks and/or present a conflict of interest on the part of either Tetra Tech ARD/KCI or those
individuals or entities with which Tetra Tech does business.
Kickback, as used above, means any money, fee, commission, credit, gift, gratuity, thing of value,
or compensation of any kind which is provided, directly or indirectly, to any employee,
subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding
favorable treatment. No person or entity is to either provide or attempt to provide any kickback,
nor to solicit, attempt to solicit, or accept a kickback during the course of any transaction. Nor
will Offeror include, either directly or indirectly, the amount of any kickback in the price charged
to a USAID contractor.
Offeror will act in a manner consistent with his/her fiduciary responsibilities to Tetra
Tech ARD and will exercise particular care that no detriment to Tetra Tech ARD/KCI results from
conflicts between their interests and those of Tetra Tech ARD/KCI and/or any beneficiary to the
Kabul City Initiative. Offeror is considered to have a conflict of interest when Offeror has an
existing or potential financial or other interest that impairs or might appear to impair Offeror’s
independence of judgment in the discharge of responsibilities to Tetra Tech ARD/KCI or that may
result in undue benefit to any party to this transaction or beneficiary therefrom.
The Offeror shall have in place and follow reasonable procedures designed to prevent and detect
possible violations as described above in its own operations. When Offeror has reasonable
grounds to believe that a violation of the above may have occurred, Offeror shall promptly report
in writing the possible violation to Tetra Tech ARD/KCI in care of the Chief of Party, Kabul City
Initiative.
Therefore Offeror hereby states that, to the best of his/her knowledge, that no violation of the
above has or will take place in relation to the transaction currently under consideration.
On behalf of Offeror:
Name and Title: __________________________________________________
Signature: ____________________________ Date: ______________________
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