RFP No Issue Date October 6, 2016 Conducting of Interviews and Translating Results for University Partnership Study

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1 FHI 360, implementer of University Support and Workforce Development Program (USWDP) invites qualified organizations and individuals to submit quotations for conducting approximately interviews and translating reported information to English. The information ascertained from the interviews will be used to inform Program staff about productivity and progress of university partnership relationships to date. RFP No Issue Date October 6, 2016 Title Deadline for Questions Deadline for Answers Conducting of Interviews and Translating Results for University Partnership Study October 11, 2016, 2:00 pm. All questions must be submitted in writing via to: No questions will be answered in person or over the phone. October 12, 2016, 4 PM Deadline for Receipt of Offers Basis for Award Anticipated Award Type October 19, :00 pm. Late offers will be rejected except under extraordinary circumstances at FHI 360/USWDP s discretion. Award will be made on the basis of a tradeoff source selection process. Award will be made to the Offeror whose final offer represents the best value using a combination of technical/non-cost factors and cost factors. For this procurement, technical merit and previous experience is more important, and comprises a greater weight (70%) than cost factors, (30%). A fixed price contract will be issued, under which the completion of interviews including transcription of data, and translating into English will be conducted. Payments will be made based on completion of deliverables. FHI 360 reserves the right to issue one award to either an organization or individual, or to make multiple awards to any combination of organizations and/or individuals. Period of Performance Approximately 3 months from date of award, estimated from October 23, 2016 January 23, Minimum Eligibility Requirements Payments The Offeror must possess a minimum of five (5) years experience with conducting interviews, transcribing data, and English translation. Proposed staff must possess excellent verbal and written skills in English and Dari or Pashto, dependent on the province. All Offerors must possess a valid business license. Provide a copy of the registration with your offer. Payments will be made by bank wire transfer or check in the name of the vendor with whom the contract is signed. No cash payments will be made under this award. Issuance of this RFQ in no way obligates FHI 360 to award a contract and Offerors will not be reimbursed for any costs associated with the preparation of their bid. Government Withholding Tax for Afghan Based Companies Pursuant to Article 72 in the Afghanistan Tax Law effective March 21, 2009, USWDP/FHI 360 is required to withhold "contractor" taxes from the gross FHI360/USWDP Request for Proposals (RFP) Page 1 of 17

2 Geographic Code Partner Vetting Procurement Ethics amounts payable to all Afghan for-profit subcontractors/vendors with an aggregate amount of 500,000 AFN or greater and transfer this to the Ministry of Finance. In accordance with this requirement, FHI 360 shall withhold two percent (2%) tax from all gross invoices to Afghan subcontractors/vendors under this Agreement with active AISA or Ministry of Commerce license. Before signing an Agreement, the subcontractor/vendor will provide a copy of the organization's AISA or Ministry of Commerce license and TIN (Tax Identification Number). Amounts deducted from the invoices will be forwarded to the Ministry of Finance (MoF) Tax Division credited to the firm's TIN. Records of payments to the MOF shall be maintained on file with FHI 360. FHI 360 and its subcontractors may only procure goods and services over $25,000 from the following countries: Geographic Code 937: Goods and services from the United States, the recipient country (Afghanistan), and "Developing Countries." The subcontractor may not procure any goods or services from suppliers with a nationality from countries designated by USAID as Advanced Developing Countries at In addition, the subcontractor may not procure any goods or services from prohibited countries listed by the Office of Foreign Assets Control (OFAC) as sanctioned countries. OFAC sanctioned countries may be searched within the System for Award Management (SAM) at The current list of countries under comprehensive sanctions include: Cuba, Iran, North Korea, Sudan, and Syria. By submitting a proposal in response to this RFP, Offerors confirm that they are not violating the Source and Nationality requirements and that the goods and services comply with the Geographic Code and the exclusions for prohibited countries. Partner vetting after selection will be required for any Non-US parties if the award will be equal to or in excess of $25,000, or if the cumulative amount of awards to the vendor is anticipated to reach $25,000. Vendors requiring vetting will be asked to provide detailed information on the officers of the company or organization and this information shall be submitted to the USAID Vetting Support Unit. Award will be made after a vetting determination is received from USAID. By submitting an offer, the vendor certify that they have not/will not attempt to bribe or make any payments to FHI 360 employees in return for preference, or in an attempt to affect the results of the award. FHI 360 treats all reports of possible fraud/abuse very seriously. Acts of fraud or corruption will not be tolerated, and FHI 360 employees and/or subcontractors/grantees/vendors who engage in such activities will face serious consequences. Any such practice constitutes an unethical, illegal, and corrupt practice and either the Offeror or the FHI 360 staff may report any suspected incident of theft, fraud or other violations to the Toll-Free Ethics and Compliance Anonymous Hotline at (Collect calls are accepted). You may also use at Compliance@FHI360.org or the multilingual website org/anonreportregistry. FHI 360 ensures anonymity and an unbiased, serious review and treatment of the information provided. In addition, FHI 360 takes the payment of USAID funds to pay terrorists, or groups supporting terrorists, or other parties in exchange for protection very FHI360/USWDP Request for Proposals (RFP) Page 2 of 17

3 Disclaimers and Protection Clauses seriously. Should the terrorist, groups or other parties attempt to extort/demand payment from your organization you are asked to immediately report the incident via the options listed above. FHI 360/USWDP: Reserves the right to cancel this solicitation and not make any award May reject any or all responses received Reserves the right to disqualify any offer based on Offeror failure to follow solicitation instructions Will not compensate Offerors for responses to solicitation Reserves the right to issue award based on initial evaluation of offers without further discussion Reserves the right to award only part of the activities in the solicitation Reserves the right to waive minor proposal deficiencies that can be corrected prior to award determination to promote competition Will contact Offerors to verify the contact person, address and that bid was submitted from the Offeror FHI360/USWDP Request for Proposals (RFP) Page 3 of 17

4 TABLE OF CONTENTS I. BACKGROUND II. INTRODUCTION III. PROPOSAL INSTRUCTIONS PART A TECHNICAL PROPOSAL PART B COST PROPOSAL IV. EVALUATION CRITERIA V. TERMS AND CONDITIONS VI. SCOPE OF WORK & DELIVERABLES Appendices Offeror to submit the following documents: A B C D F G I Proposed Staffing/Organizational Chart (to implement SOW) CVs of Key Staff supported by Bio data Forms (USAID EBD Form accessible in the link below- (ww.usaid.gov/sites/default/files/aid doc) Past Performance Chart/Reference Letters or Certificates Illustrative Schedule/Work Plan Budget Signed Terms and Conditions Proposal Checklist I. BACKGROUND The Afghanistan University Support and Workforce Development Program (USWDP), implemented by FHI 360, is designed to help Afghanistan s higher education professionals effectively manage the growth of tertiary education while improving academic quality. Building on the successes of the Afghanistan Higher Education Project and other initiatives, the USWDP project will improve the management capacity of the Ministry of Higher Education (MoHE) and 11 public universities to ensure quality education and employment for a larger number of Afghan men and women. II. INTRODUCTION FHI 360 USWDP seeks a qualified Offeror to conduct approximately 25 interviews with Afghan university faculty and staff members about their experiences in partnership with an international university. Interview protocols will be provided for the Offeror and discussed ahead of the interviews in order to verify that the questions are clear. Interviews will be conducted with 6-8 specified individuals at each of three public universities - Kabul Medical University, Kandahar University and Herat University - where there are ongoing partnerships supported by the USWDP projecy. Interviews will be conducted in whichever local language the interviewee prefers (i.e., Dari or Pashtu). In addition to providing a recording, transcription, and English language translation of each interview, the Offeror will be available for follow up discussion with the team analyzing and writing up study findings. Prior to the conduct of interviews, the Offeror is required to complete an orientation with interviewers where the interview protocols are practiced and standards for quality and ethical collection of interview data are communicated. In both the orientation and data collection, USWDP staff members may be present as monitors and facilitators. III. PROPOSAL INSTRUCTIONS All documents below must be submitted in English. Use Appendix I: Proposal Checklist to make sure you include all required documentation with your proposal and attach a copy with your submission. FHI360/USWDP Request for Proposals (RFP) Page 4 of 17

5 Proposals should contain the following documents: COVER LETTER This should be produced on the Offeror s letterhead and signed by an authorized representative. The letter should include full address, contact information, and points of contact, including the organization s authorized negotiators. PART A Scope of Work 1) Technical Approach and Methodology The Offeror should describe its methodology for conducting key informant interviews in Afghanistan. Included should be an explanation of the roles and responsibilities for all persons proposed to conduct this activity. An outline for the implementation timeline, and Offeror s availability for follow-up should also be provided. Appendix D: An Illustrative Schedule/Work Plan shall be provided. 2) Past Performance/Relevant Experience The Offeror must demonstrate relevant past experience with this type of activity. Use the Past Performance template in Appendix C to provide a list of activities, especially ones related to the Afghanistan tertiary education system which were successfully implemented. Include names and address of clients and institutions for which similar work was performed, current telephone number, contract/grant name and number, total award amount, and period of performance. Include at least one sample interview transcript conducted in Dari or Pashtu by each of the proposed interviewers and a translation of each transcript into English. 3) Proposed Personnel and Organizational Capacity Outline the proposed staffing plan, demonstrating how the overall activity will be managed. Describe qualifications of the proposed staff and level of effort. Attach the resume/ CV for each proposed staff member which should highlight their experience conducting qualitative interviews, level of fluency in Dari, Pashtu, and English, and knowledge of the tertiary education system in Afghanistan. Provide a copy of any research ethics training courses that the proposed staff have completed such as the Current Collaborative Institutional Training Initiative (CITI) training certification. Also, provide sample staff orientation materials used to review standards for quality and ethical collection of interview data To allow FHI 360 to determine organizational capacity, provide a brief description of the organization s history, length of time in business, structure, management and financial capability, and the resources (financial, equipment, facilities, labor, etc.) that the organization will utilize in support of the proposed activities. Include a description of the organization s computers, network platforms, and internet access to support collecting, storing, translating, and transmitting the interview data. Explain the organization s capacity to conduct interviews in Kabul, Kandahar, and Herat and within the required time frame. 4.) Reference Letters Provide up to two letters of reference that demonstrate prior client satisfaction with similar services. Provide the reference letters in Appendix C. PART B COST PROPOSAL: To be completed and submitted in a sealed envelope (separate from the technical proposal.) Use the excel format template in accordance with the following instructions (no page limit). 1) Appendix F: Detailed Budget FHI360/USWDP Request for Proposals (RFP) Page 5 of 17

6 The Offeror must provide a detailed budget to accomplish the technical scope which includes sufficiently detailed information for FHI 360 to determine cost reasonableness and to negotiate fixed price deliverables. a. The detailed budget can include a) labor cost direct daily rate, and level of effort (LOE) for each; b) fringe benefits; d) travel; e) other direct costs to include travel, equipment, supplies, f) indirect costs; b. Offerors may add any cost line items, as required in the detailed budget. The Offeror should provide a budget narrative with justifications and assumptions with the detailed budget. c. Include the costs for conducting interviews in Kabul, Kandahar, and Herat. d. Include the cost of conducting the interviews including transcription, and translating content to English together in the same budget. IV. EVALUATION CRITERIA Proposals submitted will be evaluated and scored based on a combination of technical and cost/price factors using the following criteria, in order of relative importance: Evaluation Factors Technical Approach and Methodology Total Points Description Possible 30 The proposed technical approach demonstrates an effective, efficient methodology for conducting qualitative interviews and managing the data collected. Offeror illustrates a clear and comprehensive understanding of the needs outlined in Scope of Work. Past Performance/Relevant Experience 20 The Offeror demonstrates adequate knowledge and experience conducting interviews with adults in Afghanistan and familiarity with the tertiary education system. Proposed Personnel & Organizational Capacity 15 Proposed staff possess at least 5 years of experience; Resumes/ CVs must be included in the proposal. A sample interview transcript for each proposed interviewer in Dari or Pashtu and an English translation of the transcript is provided. Staff has completed a recognized/ certified course in conducting ethical research. The Offeror has the financial resources, management, and operational capacity to effectively manage the interviewing, transcription, and translation into English within the required timeframe. A sample of staff orientation materials on conduct of quality and ethical research is provided. References 5 Offerors who provide 2 reference letters as evidence of prior client satisfaction for similar work will receive 5 points. Total Technical 70 Total Cost/Price 30 TOTAL 100 FHI360/USWDP Request for Proposals (RFP) Page 6 of 17

7 V. TERMS AND CONDITIONS The Offeror should take careful note of the following: The Offeror shall not subcontract out any o f the work described in the SOW. Upon award, the Offeror(s) will be required to attend a project kick-off meeting. As an ongoing responsibility, the Offeror will provide notes to this and all subsequent project meetings. Geographic code for this procurement is 937. Please see Appendix G for additional terms and conditions. VI. SCOPE OF WORK AND DELIVERABLES The Offeror will perform based on the activity description in Section II above. Program Outputs The information ascertained from the translated and transcribed interviews will be used to inform Program staff about productivity and progress of university partnership relationships to date. Deliverables and Payment Schedule Payment will be based on the achievement of each deliverable. No advance payment will be issued under the fixed price contract. Deliverable #1 Interview recording and transcription: Interview recording and transcription for each of the university faculty and staff interviews conducted. Tentatively, there will be interviews conducted, including up to 8 interviews at 3 universities (75% of the total contract value). Deliverable #2 English language translation of transcripts English language translation of each of the university faculty and staff interviews conducted. (25% of the total contract value). FHI360/USWDP Request for Proposals (RFP) Page 7 of 17

8 FHI360/USWDP Request for Proposals (RFP) Page 8 of 17

9 Appendix A: Proposed Staffing/Organizational Chart to implement SOW (To be submitted by Offeror) FHI360/USWDP Request for Proposals (RFP) Page 9 of 17

10 Appendix B: CVs of Key Staff supported by Biodata Forms (USAID EBD Form accessible in the link below-(ww.usaid.gov/sites/default/files/aid doc (To be submitted by Offeror) FHI360/USWDP Request for Proposals (RFP) Page 10 of 17

11 Appendix C: Past Performance Chart and Reference Letters (To be submitted by Offeror) Include projects that best illustrate your relevant experience providing training and coaching to Capacity Development staff, as well as developing and delivering Train the Trainer (TOT) workshops. Make sure to include experience providing support to the Afghanistan public educational system, the Ministry of Higher Education, and/or the Ministry of Education. Projects should have been undertaken in the past five years. # Project Title Description of Activities Client Name, Contact Name & Tel/ Funding Agency if applicable (ego. USAID/UN) Location City/ Governora te Cost in AFN Period of Performan ce Type of Agreement, Subcontract, Grant, PO (fixed price, cost reimbursabl e) FHI360/USWDP Request for Proposals (RFP) Page 11 of 17

12 Appendix D: Illustrative Schedule/Work Plan (To be submitted by Offeror) FHI360/USWDP Request for Proposals (RFP) Page 12 of 17

13 Appendix F: Budget (To be submitted by Offeror) S/N ITEM DESCRIPTION UNIT QTY UNIT RATE (USD) Key Personal Program Cost Administration and Services Travel and Other Indirect Cost SUB- TOTAL RATE (USD) Budget Notes Contract Total FHI360/USWDP Request for Proposals (RFP) Page 13 of 17

14 Appendix G: Terms and Conditions (To be signed by Offeror) GENERAL TERMS AND CONDITIONS 1. Offer & Agreement: The following terms together with those on the face of this agreement, other documents as may be incorporated by reference or attached hereto, and additional terms in any Change Notice issued to this order, constitute the offer of FHI 360 to the Vendor and shall, when accepted, constitute the entire order or contract between FHI 360 and Vendor. This agreement shall be deemed to have been accepted upon Vendor s signed acceptance on the cover of this order or commencement of performance. Any reference herein to any proposal, quotation, or other communication by Vendor shall, unless indicated to the contrary herein, be deemed to be limited to the description of the services and to be limited by the terms set forth or incorporated by reference herein. 2. Assignment; Neither party may assign this order or any benefits arising from this order without the prior written consent of the other, and, unless otherwise agreed in writing, the rights of any assignee shall be subject to all set-offs, counterclaim, and other comparable rights arising hereunder. FHI 360 shall not, except as otherwise agreed in writing by FHI 360, delegate or assign all or substantially all of on any item or service to be furnished under this agreement. 3. Proprietary Information & Confidentiality: Vendor shall consider all data, documentation, drawings, specifications software and other information furnished by FHI 360 to be confidential and proprietary and shall not disclose any such information to any other person, or use such information itself for any purpose other than that for which it was intended in completing this order, unless Vendor obtains written permission from FHI 360 to do so. Vendor agrees to execute FHI 360 s standard Non-Disclosure Agreement upon request. 4. Payment, Taxes and Duties: Subject to any superseding terms on the face hereof, Vendor shall invoice FHI 360 at 3 Street, House# 6, Kart-e-Seh, Kabul, Afghanistan Attn: FHI360 and be paid upon completion/acceptance of the required supplies/services. Vendor shall be paid not later than thirty (30) days after FHI 360 s receipt of an acceptable invoice or FHI 360 s receipt of the completed products/services, together with any required documents. Drafts will not be honored. (a) Unless otherwise specified, prices include all applicable federal, state, and local taxes, duties, tariffs, and similar fees imposed by any government, all of which shall be listed separately on the invoice. Prices shall not include any taxes, impositions, c harges or exactions for which FHI360 has furnished a valid exemption certificate or other evidence of exemption. (b) All taxes, assessments and similar charges levied with respect to or upon any such products or Work owned by FHI360 while in SELLER s possession or control, and for which no exemption is available, shall be borne by SELLER. In accordance with the provisions of Afghanistan Tax Law, Article 72, FHI360 will withhold the following fixed percentage amounts from each gross amount of each invoice due to subcontractor and remit the withheld amount to the Da Afghanistan Bank to the account of the Medium Tax Office, bank account number # : For Subcontractors registered with AISA (Afghanistan Investment Support Agency), the fixed amount of withholding will be 2%. For non-registered Subcontractors, the fixed amount of withholding will be 7% All Afghan Subcontractors are required to provide a copy of their signed subcontracts and/or purchase orders with FHI360 to the Medium Tax Office upon signing. (c) The prices stated in the contract are firm, fixed unit prices in Local Currency 5. Compliance with Law: Vendor s performance of work hereunder and all products to be delivered hereunder shall be in accordance with any and all applicable executive orders, Federal, State, municipal, and local laws and ordinances, and rules, orders, requirements and regulations. Such Federal laws shall include, but not be limited to, the Fair Labor Standards Act of 1938 as amended, E.O , Equal Opportunity, as amended by E.O , Amending Executive Order Relating to Equal Employment Opportunity, and as supplemented by regulations at 41 CFR Chapter 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, the Copeland Anti-Kickback Act (18USC874 and 40USC276c and 18USC874 as supplemented by Department of Labor regulations at 29CFRpart 3, the Davis-Bacon Act, as amended (40USC276a-a7) and as supplemented by Department of Labor at 29CFRpart 5, the Contract Work Hours and Safety Standards Act (40USC ), and the Byrd Anti-Lobbying Amendment (31USC1352). Unless otherwise agreed, governing law shall be that of the State of Delaware. SELLER also agrees to comply with all applicable Afghan laws, orders, rules, regulations, and ordinances. These rights and obligations shall survive the termination or completion of this Contract. 6. Title and Risk of Loss: Title to and risk of loss of, each product and/or service to be delivered hereunder shall, unless otherwise provided herein, pass from Vendor to FHI 360 upon acceptance of such product/service by FHI Inspection: (a) Vendor shall work within professional standards and limitations specified on work statements, drawings and specifications covering the work and shall make such inspections as are deemed necessary to insure Vendor compliance, unless deviation there from is authorized in writing by FHI 360. (b) All shipments of materials shall be subject to final inspection by FHI 360 after receipt by FHI 360 at destination. If material supplied or work performed by Vendor is found to be defective, Vendor shall be given the opportunity to correct any deficiencies within a reasonable period of time. If correction of such work is impracticable, Vendor shall bear all risk after notice of rejection and shall, if so requested by FHI 360 and at its own expense, promptly make all necessary replacements. Vendor shall provide immediate notice to FHI 360 of any potential failure on the part of its suppliers to provide supplies/services required hereunder. Vendor is responsible for any deficiency on the part of its suppliers. VENDOR SHALL BE RESPONSIBLE FOR ANY COSTS OF REPROCUREMENT AS MAY BE NECESSARY FOR FHI 360 TO SECURE THE SUPPLIES/SERVICES AS A RESULT OF VENDOR S INABILITY TO PERFORM THAT EXCEED THE AGREED UPON PRICE HEREIN. (d) Final inspection and acceptance by FHI 360 shall be conclusive except for latent defects, fraud, or for any rights provided by any product warranty. 8. Force Majeure: The Vendor shall not be liable by reason of any failure in performance of this Agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of Vendor. Such cases may include, but are not restricted to, acts of God, acts of government or municipal or other authorities, fires, floods, epidemics, quarantines, strikes, and labor disputes. Such causes do not include deficiencies on the part of its suppliers. 9. General Warranty: Vendor warrants all supplies/services to be free from all materials defects and expressly represents that all such required supplies/services are capable of performing the function service for which they were intended. Vendor agrees to pass on all manufacturer s warranties to FHI 360. FHI360/USWDP Request for Proposals (RFP) Page 14 of 17

15 10. Liens: Vendor agrees to deliver the products/services which are the subject-matter of this order to FHI 360 free and clear of all liens, claims, and encumbrances. 11. Stop Work and Termination: (a) FHI 360 shall have the right to direct Vendor to stop work at any time. Such direction must be in writing and shall be effective for a period of not more than 30 days after which time Vendor may continue work absent direction to do so or a notice of termination. (b) This Order may be terminated upon default of either party in meeting its obligations hereunder. (c) This order may be terminated for convenience, without fault of either party, by FHI 360 with advance written notice to Vendor. Vendor shall be paid for work completed and shall be reimbursed all actual costs for work in process incurred to time of termination notification inclusive of any associated administrative costs, restocking charges, vendor cancellation charges and settlement costs. Under no circumstances shall Vendor receive more than the original value of this Order (d) This order may be terminated for constructive default in the event that the FHI 360 has reasonable cause to believe that the Vendor will not be able to perform in accordance with the terms and conditions of the Order. Vendor shall be given a reasonable opportunity to respond to a notice of constructive default termination. In the event of failure of the Vendor to deliver/complete any part of this order, then FHI 360 shall, at its sole discretion, have the right to accept any delivered/completed part and unilaterally reduce the agreed upon price accordingly. (e) FHI 360 acceptance of partial deliveries shall not constitute a waiver of any of the Vendor s remaining obligations hereunder. (f) The preceding paragraph (e) shall not limit any legal rights of either party to cancel this order by reason of any default, and FHI 360 further reserves the right to cancel this order without further liability for articles not accepted by FHI 360 in the event Vendor commits an act of bankruptcy, files or has filed against the petition of bankruptcy or insolvency or suffers any receivership or other similar petition to be filed for or against it. (g) This Order may be terminated or postponed if FHI 360 does not obtain USAID Vetting approval for award/contract eligibility confirmation, if the total value exceeds US $25, Insurance & Work on FHI 360 s or FHI 360 Client Premises: When Vendor performs work on FHI 360 s premises during the performance of this order, the Vendor agrees to maintain General Liability Insurance in the amount of at least $500,000 per claim/occurrence and such other insurance as may be required in writing by the FHI 360 Client. Vendor, however, shall maintai n adequate insurance coverage against claims arising from injuries sustained by Vendor on FHI 360 s facilities and agrees to be liable for all damages & claims arising against FHI 360 for which the Vendor is responsible. 13. Independent Relationship: Nothing in this Agreement shall be construed as creating anything other than an independent Contractor/Vendor, FHI 360/Vendor relationship between FHI 360 and the Vendor. 14. Work Product Presumptive FHI 360 Property: All writings, books, articles, computer programs, databases, source and object codes, and other material of any nature whatsoever, including trademarks, trade names, and logos, that is subject to copyrigh t protection and reduced to tangible form in whole or in part by Vendor in the course of Vendor s service to FHI 360 shall be considered a work made for hire, or otherwise FHI 360 property. During this agreement and thereafter, Vendor agrees to take all actions and execute any documents that FHI 360 may consider necessary to obtain or maintain copyrights, whether during the application for copyright or during the conduct of an interference, infringement, litigation, or other matter (FHI 360 shall pay all related expenses). Vendor shall identify all materials in which Vendor intends to exempt from this provision prior to the use or development of such materials. 15. Rights in Data: The Vendor understands and agrees that FHI 360 may itself and permit others, including government agencies of the United States and other foreign governments, to reproduce through but not limited to the publication, broadcast, translation, creation of other versions, quotations there from, any provided publications and materials, and otherwise utilize this work and material based on this work. During the agreement and thereafter, Vendor agrees to take all actions and execute any documents that FHI 360 may consider necessary to obtain or maintain copyrights, whether during the application for copyright or during the conduct of an interference, infringement, litigation, or other matter (all related expenses to be borne by FHI 360). The Vendor shall identify all materials it intends to exempt from this provision prior to the use or development of such materials. The Vendor shall defend, indemnify, and hold harmless FHI 360 against all claims, suits, costs, damages, and expenses that FHI 360 may sustain by reason of any scandalous, libelous, or unlawful matter contained or alleged to be contained in the work, or any infringement or violation by the work of any copyright or property right; and until such claim or suit has been settled or withdrawn, FHI 360 may withhold any sums due the Vendor under this agreement. Vendor agrees to specifically identify to FHI 360 any and all computer software licenses ( including shrink-wrap ) as may convey to the FHI 360. Vendor agrees that any and all computer software developed in the performance of this order using FHI 360 monies shall, unless otherwise agreed, become and remain the propert y of FHI Indemnification: The Vendor shall defend, indemnify, and hold harmless FHI 360 against all claims, suits, costs, damages, and expenses that FHI 360 may sustain by reason of Vendor s negligent or unlawful actions resulting from Vendor s performance under this agreement. 17. Liquidated Damages: If the Vendor fails to deliver the supplies or perform the services within the time specified in this agreement, FHI 360 may require that Vendor pay, in place of actual damages, liquidated damages in the amount of one percent (1%) of the agreement value for each day of delay. If FHI 360 terminates this agreement in whole or in part for default, as provided under section 12 above, Vendor is liable for liquidated damages accruing until such time that FHI 360 reasonably obtains delivery or performance from another vendor. These liquidated damages shall be in addition to any excess costs for re-purchase. Vendor will not be charged with liquidated damages when delay of delivery or performance is beyond the control and without the fault or negligence of the Vendor. 18. Debarment, Suspension, Ineligibility, and Voluntary Exclusion: Vendor certifies by acceptance of this agreement that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any U.S. Federal Government department of agency. 19. Drug Trafficking: FHI 360 reserve the right to terminate this purchase order/subcontract to demand a refund or take other appropriate measures if the vendor is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking as defined in 22 CFR Part Terrorism E.O : Vendor agrees and certifies to take all necessary actions to comply with Executive Order No on Terrorist Financing; blocking and prohibiting transactions with persons who commit, threaten to commit, or support terrorism.(e.o text available at: Note: Vendor is required to obtain the updated lists at the time of procurement of goods or services. The updated lists are available at: and FHI360/USWDP Request for Proposals (RFP) Page 15 of 17

16 21. Computer Software Licenses: Vendor agrees to specifically identify to FHI 360 any and all computer software licenses ("including shrink-wrap") as may convey to the FHI 360. The Vendor agrees that any and all computer software developed in the performance of this order using FHI 360 monies shall, unless otherwise agreed, become and remain the property of FHI Vendor Terms and Conditions: The terms and conditions of this purchase order shall supersede any other terms and conditions except those expressly accepted by FHI Gratuities: This agreement shall be terminated for cause in accordance with section 9 above should it be determined by FHI 360 that Vendor offered or gave a gratuity (e.g. entertainment, gift, services or money) to any FHI 360 employee or other persons responsible for or connected to those responsible for the decision to award this agreement or the acceptance of performance under this agreement and that gratuity was intended to obtain this award or favorable treatment during performance of the award. 24. Payment for Reimbursable Expenses: Request for payment for materials cost under Time and Materials agreements only must be supported by receipts for all items invoiced. 25. Independent Price Determination: (a) Vendor certifies that (1) The prices in this order have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror, including but not limited to subsidiaries or other entities in which Vendor has any ownership or other interests, or any 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 order were not knowingly disclosed by the Vendor, directly or indirectly, to any other offeror, including but not limited to subsidiaries or other entities in which Vendor has any ownership or other interests, or any competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated or competitive solicitation) unless otherwise required by law; and (3) No attempt was made by the Vendor to induce any other concern or individual to submit or not to submit an offer for the purpose of restricting competition or influencing the competitive environment. Vendor understands and agrees that violation of this certification will result in the termination of this order for default as well as exclusion from future solicitations. 26. Eligibility Rules for Goods and Services Vendor shall not procure: (i) Military equipment; (ii) Surveillance equipment; (iii) Commodities and services for support of police or other law enforcement activities;(iv) Abortion equipment and services;(v) Luxury goods and gambling equipment, or (vi) Weather modification equipment. Vendors shall not procure any goods or services from firms or individuals whose name appears on the "Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs." Prior to procuring any of the following goods and services, Vendor must obtain prior written approval from the FHI contracts administrator: (i) Agricultural commodities; (ii) Motor vehicles; (iii) Pharmaceuticals; (iv) Pesticides; (v) Used equipment; (vi) U.S. Government-owned excess property, or (vii) Fertilizer. All procurements must be conducted in accordance with 22CFR228, Rules on Source, Origin, and Nationality for Commodities and Services Financed by the Agency for International Development, which is incorporated into this Award in its entirety. 27. Ocean Shipment of Goods Applicable for awards for $100,000 or more and when goods purchased under this award are transported to cooperating countries on ocean vessels whether or not award funds are used for the transportation. Vendor must ensure transport on a US flag commercial vessels. When U.S. flag vessels are not available, or their use would result in a significant delay, the vendor must contract FHI Contracts Administrator before proceeding. 28. Air Transportation In accordance with the standard provision entitled International Air Transportation, any international travel requires prior written approval from the FHI contracts administrator. 29. Organizational Conflict of Interest: The Vendor warrants that, to the best of his knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances that might indicate the existence of or give rise to actual or potential organizational conflicts of interest. Organizational conflict of interest, means that because of other activities or relationships with other persons, a person in unable or potentially unable to render impartial assistance or advice, or the person s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. 30. Excusable Delays: The Vendor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Vendor and without its fault or negligence. The Vendor shall notify FHI 360 in writing as soon as it is reasonably possible after the commencement of any excusable delay. 31. Export Control: Vendor shall comply in all respects with all applicable local and government laws and regulations. Business Name: Authorized Representative Name (print) Authorized Representative Signature Authorized Representative Title (print) Date FHI360/USWDP Request for Proposals (RFP) Page 16 of 17

17 Appendix I: Checklist (To be submitted by Offeror) Offeror Name: Does your proposal include the following? (Please check all documents included) Signed Cover Letter PART A TECHNICAL PROPOSAL Summary of Organizational Experience/Capacity Proposed Staffing/Organizational Chart (to implement SOW) CVs of Key Staff Copy of License and Certificates Technical Approach & Implementation Plan Past Performance Chart and Reference Letters PART B COST PROPOSAL Budget USAID Bio-data for Proposed Staff Budget Narrative [END OF RFP] FHI360/USWDP Request for Proposals (RFP) Page 17 of 17