REQUEST FOR PROPOSAL (RFP)

Transcription

1 REQUEST FOR PROPOSAL (RFP) RFP SOLICITATION INFORMATION Requesting Organization: Family Health International (FHI 360) Title: Request for Proposal to Subcontract Employment and Deployment of 58 Donor-Supported Workers under the USAID/Kenya and East Africa s Nutrition and Health Program Plus Contract Number AID Issuance Date: Thursday, April 26, 2018 RFP Reference Number: FHI360-K/NHPplus-CAPHIRES/ RFP Deadline of Submission: Monday, May 7, 2018, 1600 hours Submission: Bound print the original and four certified copies indicating the RFP reference number FHI360- K/NHPplus-CAPHIRES/ to the tender box placed at FHI 360 offices located at The Chancery Building, 2 nd Floor. DISCLAIMER: Issuance of this solicitation does not constitute an award commitment by FHI 360 nor a guarantee to award a contract. This RFP represents only a definition of requirements. It is merely an invitation for submission of a proposal. FHI 360 has no contractual obligations with any firm, bidder or offeror based upon the issuance of this RFP. It does not legally obligate FHI 360 to accept any of the submitted offers or proposals in whole or in part. This RFP is for the following Cost Plus Fixed Fee contract covering a base period of June 1 st 2018 to November 30, 2018 with two options (option 1 covering the period December 1 st 2018 to May 31 st 2019 and option 2 covering the period June 1 st 2019 to November 30 th 2019). The subcontractor shall perform the following a) Contract and deploy 58 named staff (Names, Titles, Facilities and Monthly Rates) to designated health facilities. FHI 360, in consultation and coordination with the applicable County Governments, shall complete the recruitment of the successful staff to handover for engagement by the selected offeror. Accordingly, the subcontractor shall issue direct employment contracts for 58 named staff for the base period covering June 1 st, 2018 to November 30, FHI 360 retains the right to exercise the options based on availability of funding, satisfactory performance and continued relevance of the subcontract towards the goals and objectives of the NHPplus contract. The subcontractor shall provide copies to FHI 360 of all executed employment contracts and any amendments thereto immediately upon execution but no later than two working days from the date of any and all administrative actions. b) Manage the payroll, payroll taxation and all required statutory deductions by completing the payroll and subsequent remittal of statutory deductions to relevant bodies i.e. Income Tax (P.AY.E), National Hospital insurance Fund (N.H.I.F)., National Social Security Fund (N.S.S.F)., National Industrial Training Authority (NITA) and Higher Education Loans Board (HELB), and any other statutory requirements that may be promulgated and publicized into law during the performance of the subcontract, as amended. c) Comply and file all statutory returns; d) Process and generate staff pay slips and maintain a pay roll file as supporting documentation at billing; e) Manage staff leave (annual leave, sick leave, compassionate, compensatory and maternity/paternity) as required and applicable; f) Manage and update the benefits administration (NSSF) as required and applicable; 1

2 g) Follow-up and action on staff evaluation, delivery and disciplinary processes and records in consultation with FHI 360 and the County Government; and h) Separation of staff contracts as determined in consultation with FHI 360 and the County Government. The following is the cost and fee information and structure for your information and action. CLIN 0001 cost ceilings have been provided and no action is required by the interested offeror. The interested offeror shall action and propose costs on CLINS 0002 (including subclins 002a, 0002b, 0002c and 0002d). The interested offeror shall provide a detailed budget and detailed notes and summarize using the table below. In the detailed budget and detailed narratives, the interested offeror shall indicate proposed costs for CLIN 0002 and fee CLIN 0003 per each of the 58 staff. CPFF Summary Table Cost Sub-CLIN Line Item (CLIN) 0001 Personnel (58 Staff) 0002 Fringe Benefits - Statutory 0002a Description of Cost or Fee Item 34 Food & Nutrition Security Interns KES35,000/Mon, 7 Food & Nutrition Security Interns Supervisor KES50,000/Mon, 7 M&E Interns KES35,000/Mon, 5 M&E Interns Supervisor KES50,000/Mon, 5 Communication Interns KES35,000/Mon. A provision of not more than 5% annual meritorious increase may be considered on a staff by staff basis for the period starting June 1, 2019 subject to availability of funding, satisfactory performance and continued relevance of the subcontract towards the goals and objectives of the NHPplus contract. CPFF CLIN Status (Cost Reimbursabl e or Fee) Cost Reimbursable Cost Reimbursable National Social Security Benefit (NSSF) Cost Reimbursable 0002b National Industrial Training Authority (NITA) Cost Reimbursable 0002c Work Injury Benefit Act (WIBA) Cost Reimbursable 0002d Gratuity Cost Reimbursable 0003 Fixed Fee Fixed Fee Cost Plus Fixed Fee (Total of CLINS 0001, 0002 and 0003) Cost plus Fixed Fee Base Period May to November Not to Exceed KES 13,260,000 Option 1 December to May 31, 2019 Not to Exceed KES 13,260,000 Option 2 June to November Not to Exceed KES 13,923, ANTICIPATED AWARD 2

3 FHI 360 anticipates issuing the cost plus fixed fee (CPFF) in local currency (Kenya shillings) for the selected vendors most responsive in their proposal for the above requirements described in this RFP. For the application for tax exemption of duties, levies and taxes, all invoices and/or all proforma invoices shall be stated in Kenya shillings. All products and all services that may be furnished or provided under this RFP shall be to the satisfaction of FHI 360 and in accordance with the specifications, terms, and conditions stated in this RFP and in the contract that will be developed with the winning bidder(s). 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 main premises and field offices before and after award. 2. SUBMISSION AND EVALUATION INSTRUCTIONS 2.1 SUBMISSION Bound print the original and four certified copies indicating the RFP reference number FHI360-K/NHPplus- CAPHIRES/ to the tender box placed at FHI 360 offices located at The Chancery Building, 2 nd Floor. On the submission sealed tender envelope the offeror shall indicate the RFP reference number FHI360-K/NHPplus- CAPHIRES/ NOTE: Issuance of this solicitation does not constitute an award commitment by FHI 360 nor a guarantee to award a contract. This RFP represents only a definition of requirements. It is merely an invitation for submission of a proposal. FHI 360 has no contractual obligations with any firm, bidder or offeror based upon the issuance of this RFP. 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 RFP. 2.2 TECHNICAL AND COST EVALUATION FACTORS a) All responses to this RFP must be received no later than 1600hrs Nairobi time on Monday, May 7, Proposals SHALL be submitted for the following factors and format. The evaluation factors and scoring criteria is provided below. Requesting Organization: Family Health International (FHI 360) Title: Request for Proposal to Subcontract Employment and Deployment of 58 Donor-Supported Workers under the USAID/Kenya and East Africa s Nutrition and Health Program Plus Contract Number AID Issuance Date: Thursday, April 26, 2018 RFP Reference Number: FHI360-K/NHPplus-CAPHIRES/ RFP Deadline of Submission: Monday, May 7, 2018, 1600 hours Submission: Bound print original and four certified copies indicating the RFP reference number FHI360-K/NHPplus-CAPHIRES/ TECHNICAL AND COST EVALUATION AND SCORING CRITERIA The winning offeror will be the lowest priced technically acceptable based on the following technical and cost criteria and scoring. (i) Technical Criteria and Scoring 1. The offeror s technical proposal on its approach and timeline to perform the work required, organogram indicating the applicable staff and position and the Staff Resumes (as appropriate to the levels of effort proposed). 55% 2. Demonstrated experience managing same or similar work. The offeror shall provide two references including the description of the work, period of performance, and the value of the 3

4 Requesting Organization: Family Health International (FHI 360) Title: Request for Proposal to Subcontract Employment and Deployment of 58 Donor-Supported Workers under the USAID/Kenya and East Africa s Nutrition and Health Program Plus Contract Number AID Issuance Date: Thursday, April 26, 2018 RFP Reference Number: FHI360-K/NHPplus-CAPHIRES/ RFP Deadline of Submission: Monday, May 7, 2018, 1600 hours Submission: Bound print original and four certified copies indicating the RFP reference number FHI360-K/NHPplus-CAPHIRES/ work. The offeror shall provide the pertinent information of the contact person of the referee organization to include the name, title, telephone number and address. 10% (ii) Cost Criteria and Scoring 3. The offeror s cost proposal (summary as prescribed in the CPFF format, detailed budget and detailed narratives). Scoring will be considered and awarded for complying with the costing instructions of this RFP, clarity of costing and the basis for all costs proposed, and a competitive technically acceptable proposal. 30% b) SOURCE The authorized geographic code is 935. Interested offerors MUST specify source without exception and only those operating in Kenya will be considered. Failure to do so will automatically disqualify eligibility for consideration of the submitted proposal. c) NATIONALITY (refers to the place of incorporation, ownership, citizenship, residence, etc. of offerors of goods and services). Interested offerors MUST specify nationality without exception. Failure to do so will automatically disqualify eligibility for consideration of the submitted proposal. d) AWARD TIMELINE: FHI 360 anticipates issuing apparent successful offerors notices 14 calendar days from the date of RFP deadline, or longer under changed circumstances. Only the winning bidder(s) 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 award is expected on or about June 1 st e) DUNS Number: If an interested vendor does not have a DUNS number, visit to apply and receive it. f) Interested vendors shall provide VAT & PIN numbers. g) Any proposals received after the RFP closing date and time may not be accepted. 3. CONTRACT MECHANISM & TERMS OF PAYMENT FHI 360 anticipates issuing cost plus fixed fee subcontract. 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 CPFF 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 subcontract in accordance with this RFP. 4. RFP TERMS AND CONDITIONS Bidders are responsible for reviewing the terms and conditions described in the RFP. a) RFP 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 RFP represents only a definition of requirements. It is merely an invitation for submission of a proposal. Contractor has no contractual obligations with any firms based upon issuance of this RFP. It does not legally obligate Contractor to accept any of the submitted proposals in whole or in part. 4

5 b) Late Submissions, Modifications, and Withdrawals of Proposals At the discretion of Contractor, any proposal 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 proposals without prejudice from consideration at any time prior to the awarding of the contract by sending an to FHI 360 will not be responsible for errors or omissions in your proposal. You may not revise submitted proposals after the RFP 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 proposal 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 proposal at any time prior to the conclusion of the selection process. e) Proposal Validity Date All information submitted in connection with this RFP will be valid for at least one hundred and eighty (180) days from the RFP 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 RFP and during the negotiation process is contractually binding. f) Offer Verification 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 RFP, FHI 360 may reject the proposal without further consideration. 5

6 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 360 may need to contact bidders for clarification or additional information concerning their proposal. Bidders must provide complete contact information in order for FHI 360 to respond to the proposal, respond to issues raised by offerors to this RFP, 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 RFP responses and proposal 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 RFP, 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 RFP; 8. extend the time for submission of all RFP responses after notification to all offerors 9. modify the solicitation process to encourage or expand competition; 10. terminate or modify the RFP process at any time and re-issue the RFP 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 RFP, 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 Appendix C: Declaration of Interest 6

7 Appendix D: Certification of Independent Price Determination Appendix E: Template for Cost Reimbursable Subcontract plus Attachments RFP 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 Cost Reimbursable Subcontract plus Attachments 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. 7

8 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 offeror 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: RFP No. Signature: Typed Name: Title: Name of Organization: Date: 8

9 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 Offeror 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 9

10 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. RFP No. Name: Position Title: Signature: Date: 10

11 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. 11

12 SIGNATURE OF DECLARANT RFP/OFFER NUMBER DATE POSITION OF DECLARANT NAME OF COMPANY OR OFFEROR 12

13 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: RFP No. Name of Offeror Organization: Date: Signature of Authorized Official: Title: Printed Name: 13

14 APPENDIX E FHI 360 GENERAL TERMS AND CONDITIONS COST REIMBURSEMENT CONTRACTS (AVAILABLE ON THE SOLICITATIONS WEBSITE) 14

15 APPENDIX F FUNDER TERMS AND CONDITIONS FEDERAL GENERAL TERMS AND CONDITIONS This RFP will be issued under a U.S. Government Nutrition and Health Program Plus (NHPplus) program in Kenya USAID/KEA Prime Contract Number AID-615-H Applicable clauses set forth below may be incorporated by reference into the resulting cost reimbursable 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 Order of Precedence Convict Labor Child Labor- Cooperation With Authorities and Remedies Combating Trafficking in Persons Privacy Act Notification Restrictions on Certain Foreign Purchases FAR CITE CLAUSE TITLE THESE FAR CLAUSES APPLY TO SUBCONTRCTS THAT EXCEED $100,000 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 Rights in Data - General Rights to Proposal Data (Technical) Interest Availability of Funds Limitation of Funds Uneforceability of Unauthorized Obligations Disputes Applicable Law for Breach of Contract Claim CLAUSE TITLE Allowable Cost and Payment Fixed Fee Cancellation under Multi-Year Contracts Options to Extend Services Notice and Assistance Regarding Patent & Copyright Infringement Federal, State, and Local Taxes Taxes-Foreign Foreign Cost-Reimbursement Contracts Assignment of Claims Notice of Intent to Disallow Costs Changes Cost Reimbursement Alt 1 Notification of Changes Competition in Subcontracting Contractor Inspection Requirements Inspection of Supplies - Fixed Price Limitation of Liability Services Termination (Cost Reimbursement) FAR CITE FAR CITE

16 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. 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 Notices Marking Approvals Reports Acknowledgement and Disclaimer Public Notices AIDAR CITE 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: 16