REQUEST FOR QUOTATION (RFQ)

Transcription

1 REQUEST FOR QUOTATION (RFQ) RFQ SOLICITATION INFORMATION Requesting Organization: Family Health International (FHI 360) Issuance Date: Friday, March 7, 2018 RFQ Reference Number: FHI360-K/HSDSA-VEH/ RFQ Deadline of Submission: Friday, March 15, 2018, 1000 hours Electronic submission is authorized to address indicating the RFQ reference number FHI360-K/HSDSA-VEH/ DISCLAIMER: Issuance of this solicitation does not constitute an award commitment by FHI 360 nor a guarantee to award a contract. This RFQ represents only a definition of requirements. It is merely an invitation for submission of a quotation. FHI 360 has no contractual obligations with any firm, bidder or offeror based upon the issuance of this RFQ. It does not legally obligate FHI 360 to accept any of the submitted offers or proposals in whole or in part. This RFQ is for the following commercial items. 1. LOT 1: Quantity Six (6), Description Passenger Hardtop or Equivalent, 4*4, 9 seater capacity, manual transmission, adapted to heavy duty suspension for local conditions. Quoted vehicle must demonstrate extensive reputation and capacity for extreme rugged terrain in remote far flung areas of Turkana, Samburu, Laikipia and Narok. The vendor shall provide evidence, information and documentation of after sales service support and availability of spares and parts in the five locations. All vehicles shall be right hand drive (RHD). 2. LOT 2: Quantity Three (3), Description Passenger Utility Vehicle 4*4, 7 seater capacity, manual transmission, adapted to heavy duty suspension for local conditions. The vehicles will operate in Nakuru and Kajiado and the surrounding rugged roads and environs. The vendor shall provide evidence, information and documentation of after sales service support and availability of all spares and parts in the two locations. All vehicles shall be right hand drive (RHD). 1. ANTICIPATED AWARD FHI 360 anticipates issuing a firm fixed-price purchase order in local currency (Kenya shillings) for the selected vendors most responsive in their quotation for the above requirements described in this RFQ. Interested vendors may propose U. S. dollars indicating reasons for the request in US$. FHI 360 reserves the right to determine the final ruling currency. For the application for tax exemption of duties, levies and taxes, any and all proforma invoices shall be stated in Kenya shillings upon request. All products and all services that may be furnished or provided under this RFQ shall be to the satisfaction of FHI 360 and in accordance with the specifications, terms, and conditions stated in this RFQ and in the contract that will be developed with the winning bidder. FHI 360 reserves the right to inspect the products furnished or the services performed, and to determine the quality, acceptability, and fitness of such products or services. FHI 360 also reserves the right to visit the prospective offerors premises including the store front, all warehouses and service facilities before and after award. 2. SUBMISSION AND EVALUATION INSTRUCTIONS 1

2 2.1 SUBMISSION Electronic submission is authorized for this RFQ no. FHI360-K/HSDSA-VEH/ and any other mode will not be considered. Submit your quotation to address On Subject Line: Indicate the RFQ reference number FHI360-K/HSDSA-VEH/ NOTE: Interested vendors may quote for one, several or all lots. Issuance of this solicitation does not constitute an award commitment by FHI 360 nor a guarantee to award a contract. This RFQ represents only a definition of requirements. It is merely an invitation for submission of a quotation. FHI 360 has no contractual obligations with any firm, bidder or offeror based upon the issuance of this RFQ. It does not legally obligate FHI 360 to accept any of the submitted offers or proposals in whole or in part. FHI 360 is not obligated to compensate offerors whatsoever for the preparation of responses to this RFQ. 2.2 TECHNICAL AND PRICE EVALUATION FACTORS a) All responses to this RFQ must be received no later than 1000 hrs Nairobi time on Friday, March 16, Quotations SHALL be submitted for the following factors and format. A soft word attachment is provided for your use. The evaluation factors and scoring criteria is provided below. Issuance Date: Friday, March 9, 2018 RFQ Reference Number: FHI360-K/HSDSA-VEH/ RFQ Deadline of Submission: Friday, March 16, 2018, 1000 hours Specify LOT No. and Description of the LOT Evaluation Factors and the Scoring Guide Proposed Vehicle Base Price Duty Free (Marks 10/100) Duties, Taxes and Levies (specify IDF, RDL, Excise, Import, VAT, etc) Sub-Evaluation Factors Brand, Model and Quantity The vendor should state the base price per vehicle independent from taxes, duties and other applicable GOK levies. All applicable duties must be provided. Indicate the rate, basis of calculation, and the amount of applicable duties, levies and taxes for evaluation and application by FHI 360 for duty/vat/levy exemption to USAID. Vendor Responses FHI 360 Evaluation Comments, Results and Scoring Total Quantity, Price, Duty/tax/Levies of the Proposed Vehicle Engine/ Power plant As necessary, the base prices shall be itemized to clearly reference applicable duties/taxes/ levies referenced to ensure there is no ambiguity or assumptions and preclude the need to seek clarifications. Indicate the quantity, unit price, sub total value, duty/tax/levies amount, and Total Price Cubic Capacity/CC 2

3 Issuance Date: Friday, March 9, 2018 RFQ Reference Number: FHI360-K/HSDSA-VEH/ RFQ Deadline of Submission: Friday, March 16, 2018, 1000 hours Specify LOT No. and Description of the LOT Evaluation Factors and the Scoring Guide (Marks 5/100) Sub-Evaluation Factors Fuel Type (Diesel or Petrol) Indicate whether turbo charged? Fuel consumption information backed up by performance and test data. Localization to address fuel quality in Kenya Any other information Vendor Responses FHI 360 Evaluation Comments, Results and Scoring Gearbox (Marks 10/100) Manual Only Dimensions and capacity of passengers excluding driver, information on passenger safety and comfort, boot space (Marks 10/100) Weight Suspension System (Marks 15/100) Tyres (Marks 3/100) Brakes (Marks 5/100) Fuel Tank (Marks 2/100) LXWXH (mm) Gross and Tare Weight Front - Heavy duty suspensionprovide performance and technical details. Rear - Heavy duty suspensionprovide performance and technical details. Front, Rear, Spare - All terrain/at proven- provide brand, performance and technical specifications Front - Performance and technical details required Rear - Performance and technical details required Type Plastic, Aluminum, Stainless, etc Capacity - Provide quantity, capacity including reserve tanks details if applicable. 3

4 Issuance Date: Friday, March 9, 2018 RFQ Reference Number: FHI360-K/HSDSA-VEH/ RFQ Deadline of Submission: Friday, March 16, 2018, 1000 hours Specify LOT No. and Description of the LOT Evaluation Factors and the Scoring Guide Wipers Source Nationality Tool Kit (Marks 2/100) Body Kit Wheel Jack Hazard Traffic Signage Fuel Container Ground clearance (Marks 2/100) Sub-Evaluation Factors Front and rear at a minimum; any other as applies to the brand. Authorized Geographic Code is 935 Authorized Geographic Code is 935 Required please provide details of all tools to be provided and the images If applicable for the model proposed and images Quantity, type, operability and suitability for purpose of hoisting vehicle for tyre change or other service. Quantity, type and suitability for hazard situations Quantity, type, capacity and the safety mechanism and standard for ferrying and holding flammable fuel including its sitting provision in the car. Suitable and appropriate 4*4 vehicles adapted for rough terrain Vendor Responses FHI 360 Evaluation Comments, Results and Scoring Body type fully covered for lots 1 and 2. Lot 3 boot space is required to be framed and provided with a removable high quality canvas (Marks 3/100) Warranty- provide applicable warranty for service and all major critical parts (Marks 5/100) Specify lot 3 s boot space framing material suitable to withstand the rigors of tough remote terrain Provide images of the double cab detailing the frame work and also when covered with the canvas. Provide details of the canvas material s gauge and its suitability for the protection, safety and security of boot luggage. The offeror must describe warranty statement of equipment and/or critical performance parts (engine, gearbox, startor, turbo, 4WD transmission mechanism, alternator, radiator, brake system, air conditioning, alarm and security, 4

5 Issuance Date: Friday, March 9, 2018 RFQ Reference Number: FHI360-K/HSDSA-VEH/ RFQ Deadline of Submission: Friday, March 16, 2018, 1000 hours Specify LOT No. and Description of the LOT Evaluation Factors and the Scoring Guide Sub-Evaluation Factors etc). All warranty must service for a period of not less than one (1) year. This is an important evaluation consideration. Vendor Responses FHI 360 Evaluation Comments, Results and Scoring Service centers (Marks 10/100) Delivery is at the supplier premises Training User and Service (Marks 3/100) Delivery Terms (Marks 2/100) Provide dealer service center locations for the regions the vehicles will be used as well as another listing country wide applicable to model quoted. The quoted price shall be exwarehouse supplier premises, Kenya. In accordance with industry practice for brand new vehicles, provide the expected mileage reading at inspection as well as the recommended test drive mileage and certification procedure for hand-over. a. Brand/model training for drivers on handling as well as basic maintenance should be provided. Kindly provide certification curriculum. This will be done upon award of purchase order and prior to delivery. b. The vendor shall also provide administrative training on minor and major service requirements This RFQ expects the vendors to import the vehicles upon confirmation of order accompanied by the approved DA1 form exempting duties, taxes and levies. The vendor s delivery terms are to be indicated in calendar days from/upon receipt of LPO and DA1 form and should provide and take into consideration the vendor s realistic experience of port clearance schedules and discharge. 5

6 Issuance Date: Friday, March 9, 2018 RFQ Reference Number: FHI360-K/HSDSA-VEH/ RFQ Deadline of Submission: Friday, March 16, 2018, 1000 hours Specify LOT No. and Description of the LOT Evaluation Factors and the Scoring Guide Any Extras at no additional cost Sub-Evaluation Factors As may be applicable Vendor Responses FHI 360 Evaluation Comments, Results and Scoring TOTAL 100/100 FHI 360 Official Use Only FHI 360 Official Use Only FHI 360 Official Use Only b) The quotation will be supported with performance and technical data sheets with a description of how the RFQ specifications are met by the proposed vehicle brand and make. Thee quotations must be valid for at least 180 days from the date of RFQ deadline and MUST be specifically stated. The quotation must be in company letter head, signed and stamped. Due to the process of applying and receiving DA1 exemption, it is normal and ordinary for FHI 360 to request for the vendor extension of the quotes. c) The vendor shall specify the lots they are quoting, description of the brand, make, and the quantity. The vendor should state the base prices per vehicle independent from taxes, duties and other applicable GOK levies. Accordingly, indicate the rate, basis of calculation, and the amount of applicable duties, levies and taxes for evaluation and application by FHI 360 for duty/vat/levy exemption to USAID. As necessary, the base prices shall be itemized to clearly reference applicable duties/taxes/levies referenced to ensure there is no ambiguity or assumptions and preclude the need to seek clarifications. d) SOURCE (the country from which a commodity is shipped to the cooperating country (or the cooperating country itself if the commodity is located therein at the time of the purchase). In the case of a commodity shipped from a free port or bonded warehouse in the same form it was received therein, "source" is the country from which the commodity was shipped to the free port or bonded warehouse). The authorized geographic code is 935 and the vendor shall indicate the source of every vehicle quoted. Interested suppliers for the vehicles MUST specify source without exception as defined below. Failure to do so will automatically disqualify eligibility for consideration of the submitted quotation. e) NATIONALITY (refers to the place of incorporation, ownership, citizenship, residence, etc. of suppliers of goods and services). The authorized geographic code is 935 and the vendor shall indicate the nationality of every vehicle quoted. Interested suppliers for the vehicles MUST specify nationality without exception. Failure to do so will automatically disqualify eligibility for consideration of the submitted quotation. f) WARRANTY/IES: The offeror must describe warranty statement of equipment and/or critical performance parts (engine, gearbox, startor, turbo, 4WD transmission mechanism, alternator, radiator, brake system, air conditioning, alarm and security, etc). All warranty must service for a period of not less than one (1) year. This is an important evaluation consideration. 6

7 g) PERIOD OF PERFORMANCE: FHI 360 anticipates issuing apparent successful offerors notices 14 calendar days from the date of RFQ deadline, or longer under changed circumstances. Only the winning bidders will be contacted. The successful offerors will be expected to commence performance immediately upon award and complete delivery within the agreed time by both parties. The purchase orders shall be accompanied by the approved DA1s exempting duties, taxies and levies as applicable. The vendors shall be bound to meet the strict timelines of the approved DA1 exemption approvals. h) DUNS Number: If an interested vendor does not have a DUNS number, visit to apply and receive it. i) Interested vendors shall provide VAT & PIN numbers as applicable. j) Any quotations received after the RFQ closing date and time may not be accepted. 3. CONTRACT MECHANISM & TERMS OF PAYMENT FHI 360 anticipates issuing purchase orders for each lot. Prospective bidders should note that the FHI 360 s terms of payment is within 30 days after delivery of a proper and accepted invoice. A Purchase Order template of general terms and conditions is provided as Appendix E for your information. The final applicable terms and conditions will be provided with the Purchase Order in accordance with this RFQ. 4. RFQ TERMS AND CONDITIONS Bidders are responsible for reviewing the terms and conditions described in the RFQ. a) RFQ Not an Offer Issuance of this solicitation does not constitute an award commitment by contractor (FHI 360) nor a guarantee that Contractor will award a contract. This RFQ represents only a definition of requirements. It is merely an invitation for submission of a quotation. Contractor has no contractual obligations with any firms based upon issuance of this RFQ. It does not legally obligate Contractor to accept any of the submitted proposals in whole or in part. b) Late Submissions, Modifications, and Withdrawals of Proposals At the discretion of Contractor, any quotation received at the office designated in the solicitation after the exact date and time specified for the receipt may not be considered unless it is received before award is made and it was determined by Contractor that the late receipt was due solely to mishandling by Contractor after receipt at its offices. Offerors may withdraw their quotations without prejudice from consideration at any time prior to the awarding of the contract by sending an to kenya-procurement@fhi360.org FHI 360 will not be responsible for errors or omissions in your quotation. You will be permitted to submit only one quotation covering one, several or all lots. You may not revise submitted quotations after the RFQ deadline day and time. After the deadline, revisions to your original submission will not be allowed except as requested by FHI 360. c) Costs for Proposal Development Costs for developing the quotation responses are entirely the responsibility of the offeror and shall not be charged in any manner to FHI 360. d) Discussions and Award FHI 360 reserves the right to seek clarifications, enter into discussions or negotiations, or to make award on initial submissions without discussions or negotiations of any kind. FHI 360 reserves the right to exclude from further consideration any quotation at any time prior to the conclusion of the selection process. e) Proposal Validity Date All information submitted in connection with this RFQ will be valid for at least one hundred and eighty (180) days from the RFQ due date. This includes, but is not limited to, cost, pricing, terms and conditions, service levels, and all other information. If your firm is awarded the contract, all information in the RFQ and during the negotiation process is contractually binding. f) Offer Verification 7

8 FHI 360 may contact offerors to confirm contact person, address, offer amount and to confirm that the offer was submitted for this solicitation, or any relevant information to this solicitation. g) Liquidated Damages (subject to resulting contract) The vendor recognizes the importance of completing the work in accordance with the schedule and terms set forth herein and agrees to the following liquidated damages provisions and procedures. Upon discovery of information indicating a reasonable certainty that performance will not be completed before the scheduled delivery date, the vendor shall immediately notify FHI 360 Designated Representative and provide information related to the estimated length of delay. The parties will work jointly toward resolution of a plan to resolve the delayed delivery or completion date. If the parties reach agreement on an extended completion date and the vendor again fails to meet the extended delivery date, otherwise known as the Cure Period, the FHI 360 Designated Representative may (a) terminate the Contract for Default; (b) exercise its right to recover liquidated damages specified hereunder; and/or (c) further extend the completion date. No payments, progress or otherwise, made by FHI 360 to the awarded bidder after any scheduled completion date shall constitute a waiver of liquidated damages. Notwithstanding the above paragraph, in the event the vendor s failure to meet a Completion or Delivery Date set forth herein, FHI 360 shall be entitled to the greater of either (a) Five (5) percent (%) of the price of delayed line item (applicable lot) or (b) $500 for each day after the originally scheduled completion or delivery date until the day of actual delivery and acceptance by FHI 360. Liquidated damages shall not exceed the total price of this Contract. h) False Statements in Offer Offerors must provide full, accurate and complete information as required by this solicitation and its attachments. At any time that FHI 360 determines that an offeror has provided false statements in the RFQ, FHI 360 may reject the quotation without further consideration. i) Termination for default FHI 360 may, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the tenderer, terminate this Contract in whole or in part (a) if the tenderer fails to deliver any or all of the goods within the period(s) specified in the Contract, or within any extension thereof granted by the Procuring entity (b) if the tenderer fails to perform any other obligation(s) under the Contract 5. CONSIDERATION AND ANALYSIS OF PROPOSALS FHI 360r may need to contact bidders for clarification or additional information concerning their quotation. Bidders must provide complete contact information in order for FHI 360 to respond to the quotation, respond to issues raised by offerors to this RFQ, negotiate the contract, and administer the contract. Complete contact information includes names, titles, and responsibilities for personnel; organizational street and mailing addresses; and phone/fax numbers and addresses of key individuals. Any additional relevant administrative/organizational information should also be provided. FHI 360may request one or more selected offerors to provide oral presentation should it be deemed necessary. 6. SPECIAL NOTICES All RFQ responses and quotation become the property of FHI 360. FHI 360 reserves the right at its sole discretion to: 1. cancel this solicitation and not award at any time for any reason; 2. reject any or all responses received; 3. disqualify any offer based on offeror failure to follow solicitation instructions; 4. issue a contract based on the initial evaluation of offers without discussion; 5. waive informalities or minor irregularities in offer; 6. choose to award a contract for part of the activities in the RFQ, or issue multiple awards based on the solicitation activities; 7. request from short-listed offerors a second or third round of either oral presentation or written response to a more specific and detailed scope of work that is based on a general scope of work in the original RFQ; 8. extend the time for submission of all RFQ responses after notification to all offerors 8

9 9. modify the solicitation process to encourage or expand competition; 10. terminate or modify the RFQ process at any time and re-issue the RFQ to whomever it deems appropriate; 11. select and negotiate with those firms it determines, in its sole discretion, to be qualified for competitive proposals and to terminate negotiations without incurring any liability; 12. rescind an RFQ, or rescind an award prior to the signing of a contract due to any unforeseen changes in the direction of its client (the US Government), be it funding or programmatic; 13. waive any deviations by offerors from the requirements of this solicitation that in its opinion are considered not to be material defects requiring rejection or disqualification; or where such a waiver will promote increased competition. 14. all materials produced and delivered by the vendor and all work products will be considered work for hire and will become the exclusive property of FHI 360; and 15. the vendor must be prepared to warrant that all deliverables will be free of material faults and errors and that no copyrights have been violated. APPENDICES Please include the following documents and forms in the following order as appendices. Appendix A Terrorist Financing Certification Appendix B: Details off Prospective Offeror. Additionally, kindly provide a copy of each of the following statutory documents to successfully and legally conduct business in Kenya which shall form the preliminary evaluation. a. Copies of Certificate of Incorporation or Registration b. Valid current business license c. Copy of Tax compliance certificate d. Proof of sound financial standing including audited accounts for the last 3 years e. Certificate of manufacturer Authorization from Equipment Manufacturer f. Relevant Certification by the EU where applicable g. Certificate of dealership where applicable Appendix C: Declaration of Interest Appendix D: Certification of Independent Price Determination Appendix E: Certification of Independent Price Determination RFQ ATTACHMENTS: Appendix A: Appendix B: Appendix C: Appendix D: Appendix E: Appendix F: Terrorist Financing Certification Details of Prospective Offeror Declaration of Interest Certification of Independent Price Determination FHI 360 Purchase Order General Terms and Conditions Funder Terms and Conditions All appendices apart from Appendix E must be signed, stamped and submitted together with price proposal, datasheets and any other relevant document requirements. 9

10 APPENDIX A CERTIFICATION REGARDING TERRORIST FINANCING By signing and submitting this application, the prospective recipient provides the certification set out below: 1. 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 The following steps may enable the Recipient to comply with its obligations under paragraph 1: a. 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: or (ii) is not included in any supplementary information concerning prohibited individuals or entities that may be provided by USAID to the Recipient. b. 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: c. 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. d. The Recipient also will implement reasonable monitoring and oversight procedures to safeguard against assistance being diverted to support terrorist activity. 3. For purposes of this Certificationa. Material support and resources means currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials. b. Terrorist act means- (i) an act prohibited pursuant to one of the 12 United Nations Conventions and Protocols related to terrorism (see UN terrorism conventions Internet site: 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. c. Entity means a partnership, association, corporation, or other organization, group or subgroup. d. 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. e. The Recipient s obligations under paragraph 1 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 offeror 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. This Certification is an express term and condition of any agreement issued as a result of this application, and any violation of it shall be grounds for unilateral termination of the agreement by Contractor prior to the end of its term. For Subcontractor: RFQ No. Signature: Typed Name: Title: Name of Organization: Date: 10

11 APPENDIX B DETAILS OF PROSPECTIVE BIDDER Name of Company Postal Address Physical Address Telephone Number(s) Fax Number Contact Person Company Registration Number. Company VAT Number Company PIN Number DUNS Number 1. Type of Firm Partnership OR Joint Venture (Tick one box) Sole proprietor Corporation Other (Describe) 2. Describe principal business activities 3. Company classification Manufacturer Supplier Professional service provider (Tick one box) 4. Total number of years the firm has been in business? 5. Street addresses of all facilities used by the firm (e.g. warehouses, storage spaces offices, etc.) 5.1 Other Do you share any facilities? YES NO 11

12 6.1 If yes, which facilities are shared? 6.2 With whom do you share facilities (name of firm(s)/individual(s))? 6.3 What are the other firm s principal business activities? 7. Is the price offer firm for the duration of the contract? YES NO 8. If the price offer is not firm, indicate elements on which the price is based i.e. statutory adjustments, proven adjustments etc. CERTIFICATION OF DETAILS BY PROSPECTIVE BIDDER: By signing below the authorized individual certifies that the information provided above is accurate and true to the best of their knowledge. RFQ No. Name: Position Title: Signature: Date: 12

13 APPENDIX C DECLARATION OF INTEREST 1. Any legal or natural person, excluding any permanent employee of Contractor, USAID, Microsoft, Intel, SMART or Cisco may make an offer or offers in terms of this offer invitation. In view of possible allegations of favoritism, should the resulting offer, or part thereof be awarded to- (a) any person employed by Contractor, USAID, Microsoft, Intel, SMART or Cisco in the capacity of contractor, consultant or service provider, or (b) any person who acts on behalf of Contractor, USAID, Microsoft, Intel, SMART or Cisco; or (c) any person having a kinship, including a blood relationship, with a person employed by, or who acts on behalf of Contractor, USAID, Microsoft, Intel, SMART or Cisco; or (d) any legal person which is in any way connected to any person contemplated in paragraph (a), (b) or (c), it is required that: The Offeror or his/her authorized representative shall declare his/her position vis-à-vis Contractor, USAID, Microsoft, Intel, SMART or Cisco and/or take an oath declaring his/her interest, where it is known that any such a relationship exists between the Offeror and a person employed by Contractor, USAID, Microsoft, Intel, SMART or Cisco in any capacity. 2. Does such a relationship exists? Please circle one: YES NO If YES, state particulars of all such relationships (If necessary, please add additional pages containing the required information): NAME: POSITION: OFFICE WHERE EMPLOYED: TELEPHONE NUMBER: RELATIONSHIP: NAME: POSITION: OFFICE WHERE EMPLOYED: TELEPHONE NO: RELATIONSHIP: 3. Failure on the part of a Offeror to fill in and/or sign this certificate may be interpreted to mean that an association as stipulated in paragraph 1, supra, exists. 4. In the event of a contract being awarded to a Offeror with an association as stipulated in paragraph 1, supra, and it subsequently becomes known that false information was provided in response to the above question, Contractor may, in addition to any other remedy it may have: - recover from the contractor all costs, losses or damages incurred or sustained by Contractor as a result of the award of the contract; and/or - cancel the contract and claim any damages, which Contractor may suffer by having to make less favourable arrangements after such cancellation. 13

14 SIGNATURE OF DECLARANT RFQ/OFFER NUMBER DATE POSITION OF DECLARANT NAME OF COMPANY OR OFFEROR 14

15 APPENDIX D CERTIFICATION OF INDEPENDENT PRICE DETERMINATION The offeror certifies that (a) (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror, including but not limited to subsidiaries or other entities in which offeror 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 offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror, including but not limited to subsidiaries or other entities in which offeror 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 has been made or will be made by the offeror 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. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory-- (1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the principals of the offeror in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; (ii) As an authorized agent, does certify that the principals of the offeror have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above. (c) Offeror understands and agrees that -- (1) violation of this certification will result in immediate disqualification from this solicitation without recourse and may result in disqualification from future solicitations; and (2) discovery of any violation after award to the offeror will result in the termination of the award for default. CERTIFIED BY: RFQ No. Name of Offeror Organization: Date: Signature of Authorized Official: Title: Printed Name: 15

16 APPENDIX E FHI 360 GENERAL TERMS AND CONDITIONS (AVAILABLE ON THE SOLICITATIONS WEBSITE) 16

17 APPENDIX F FUNDER TERMS AND CONDITIONS GENERAL TERMS AND CONDITIONS This RFQ will be issued under a U.S. Government Prime Contract HIV Service Delivery Support Activity (HSDSA) Number C0002. Applicable clauses set forth below may be incorporated by reference into the resulting purchase order or firm fixed price subcontract with the same force and effect as if they were set forth in full. A full copy of each clause may be obtained from the Contractor s Contracts Department. The term FAR means Federal Acquisition Regulation, effective as of January 1, The terms, "Contractor," "Government" and "Contracting Officer" as used in these clauses shall refer to the Subcontractor/Vendor, Contractor, and the Contractor s Contract Administrator, respectively. This agreement is between Subcontractor/Vendor and Contractor only and shall not be construed in any way to create a contractual relationship between Subcontractor/Vendor and the U.S. Government. The Subcontractor/Vendor shall not appeal directly to the U.S. Government without the written consent/concurrence of the Contractor s Contract Administrator. CLAUSE TITLE Definitions Restriction on Subcontractor Sales to the Government Material Requirements Terms and Conditions Simplified Acquisition (Other Than Commercial Items) Order of Precedence Convict Labor Child Labor- Cooperation With Authorities and Remedies Privacy Act Notification Restrictions on Certain Foreign Purchases FAR CITE CLAUSE TITLE THESE CLAUSES APPLY TO SUBCONTRACTS THAT EXCEED $10,000 CLAUSE TITLE Protecting Government s Interest When Subcontracting with Contracts Debarred, Suspended or Proposed for Debarment FAR CITE THESE CLAUSES APPLY TO SUBCONTRACTS FOR SERVICES CLAUSE TITLE Payments Under Time & Materials/Labor Hours Contract Changes Fixed Price Services, Alternate II Changes Time & Materials/Labor Hours FAR CITE Patent Rights Acquisition by the Government Rights in Data Special Works Payments Disputes, Alternate I Stop Work Order, Alternate I Government Delay of Work Changes-Fixed Price Contract Not Affected By Oral Agreement Termination For Convenience CLAUSE TITLE Inspection of Supplies Fixed Price CLAUSE TITLE Inspection of Services Fixed Price Inspection Time & Materials/Labor Hours FAR CITE FAR CITE FAR CITE THESE FAR CLAUSES APPLY TO SUBCONTRCTS THAT EXCEED $100,000 17

18 CLAUSE TITLE Certificate of Independent Price Determination Gratuities Anti-Kickback Procedures Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activities Price or Fee Adjustment for Illegal or Improper Activity Certification and Disclosure Regarding Payment to Influence Certain Federal Transactions Limitation on Payments to Influence Certain Federal Transactions Printed or Copied Double-Sided on Recycled Paper Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters Audit and Records Negotiation Integrity of Unit Prices FAR CITE THESE CLAUSES APPLY UNDER USAID-FUNDED CONTRACTS CLAUSE TITLE Organizational Conflicts of Interest After Award Language and Measurement Source, Origin and Nationality Local Procurement Insurance Liability to Third Persons Government Property USAID Reporting Requirements Title To and Care of Property AIDAR CITE CLAUSE TITLE Price Re-determination Retroactive Authorization and Consent Notice and Assistance Regarding Patent & Copyright Infringement Federal, State, and Local Taxes Taxes-Foreign Fixed Price Contracts Competition in Subcontracting Contractor Inspection Requirements Inspection of Supplies - Fixed Price Limitation of Liability Limitation of Liability Services Termination for Convenience for the Government (Fixed Price) (Short Form) Default (Fixed-Price Supply and Service) CLAUSE TITLE Notices Marking Approvals Reports Acknowledgement and Disclaimer Public Notices FAR CITE AIDAR CITE

19 FAR REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL ITEMS Subcontractor/Vendor shall complete the following: Taxpayer Identification Number (please check appropriate box) TIN: TIN has been applied for TIN is not required because vendor is a nonresident foreign company and does not have an office/place of business in the U.S. Type of Organization Sole Proprietorship Partnership Corporate Entity (not tax-exempt) Corporate Entity (tax-exempt) International Organization per 26 CFR Common Parent Vendor is not owned or controlled by a common parent Name and TIN of Common Parent Name: TIN: Representations required to implement provisions of Executive Order 11246: (i)vendor [ ] has, [ ] has not participated in previous contract or subcontract subject to the Equal Opportunity ( ); (ii)vendor [ ] has, [ ] has not filed all required compliance reports; (iii)vendor [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41CFR parts 60-1 and 60-2); (iv)vendor [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. Drug Trafficking: Contractor and/or the US Government 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 140. 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 provided and also available at: Note: The attachment does not include 'Names of Those Designated' after 23 September 2001; therefore, you are required to obtain the updated list at the time of procurement of goods or services. The updated list is available at: 19