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Request for Proposals (RFP)

RFP Number: APFM-RFP-17-001

Issuance Date: May 30, 2017

Deadline for Offers: June 12, 2017

Description: Provision of Equipment and Service for Call Center

For: Afghanistan Public Financial Management (APFM)

Funded By: United States Agency for International Development (USAID),Contract No. AID-306-TO-15-00065

Implemented By: Chemonics Afghanistan Limited Management and Implementation Services

Point of Contact: +93 (0) 786 356 270

***** ETHICAL AND BUSINESS CONDUCT REQUIREMENTS *****

Chemonics is committed to integrity in procurement, and only selects suppliers based on objective business criteria such as price and technical merit. Chemonics expects suppliers to comply with our Standards of Business Conduct, available at http://www.chemonics.com/OurStory/OurMissionAndValues/Standards-of-Business-Conduct/Pages/default.aspx.

Chemonics does not tolerate fraud, collusion among offerors, falsified proposals/bids, bribery, or kickbacks. Any firm or individual violating these standards will be disqualified from this procurement, barred from future procurement opportunities, and may be reported to both USAID and the Office of the Inspector General.

Employees and agents of Chemonics are strictly prohibited from asking for or accepting any money, fee, commission, credit, gift, gratuity, object of value or compensation from current or potential vendors or suppliers in exchange for or as a reward for business. Employees and agents engaging in this conduct are subject to termination and will be reported to USAID and the Office of the Inspector General. In addition, Chemonics will inform USAID and the Office of the Inspector General of any supplier offers of money, fee, commission, credit, gift, gratuity, object of value, or compensation to obtain business.

Offerors responding to this RFP must include the following as part of the proposal submission: Disclose any close, familial, or financial relationships with Chemonics or project staff. For example, if an offeror’s

cousin is employed by the project, the offeror must state this. Disclose any family or financial relationship with other offerors submitting proposals. For example, if the offeror’s fa-

ther owns a company that is submitting another proposal, the offeror must state this. Certify that the prices in the offer have been arrived at independently, without any consultation, communication, or

agreement with any other offeror or competitor for the purpose of restricting competition. Certify that all information in the proposal and all supporting documentation are authentic and accurate. Certify understanding and agreement to Chemonics’ prohibitions against fraud, bribery and kickbacks.

Please contact [email protected] with any questions or concerns regarding the above information or to report any potential violations. Potential violations may also be reported directly to Chemonics’ Washington office through the contact information listed on the website found at the hyperlink above.

AFG FO RFP Commodities V1, April 08, 2017

mailto:[email protected]

http://www.chemonics.com/OurStory/OurMissionAndValues/Standards-of-Business-Conduct/Pages/default.aspx

RFP No. APFM-RFP-17-001 of 33

SECTION 1: INTRODUCTION AND INSTRUCTIONS TO OFFERORS

1.1 Acronyms and Definitions

ADS USAID Automated Directives SystemCFR United States Code of Federal RegulationsCooperating Country AfghanistanFAR United States Federal Acquisition RegulationRFP Request for ProposalsUS United StatesUSAID United States Agency for International DevelopmentUSG United States GovernmentVAT Value Added TaxARD Afghanistan Revenue Department

APFM Afghanistan Public Financial Management1.2 Introduction

Chemonics Afghanistan Limited Management and Implementation Services, acting for the Afghanistan Public Financial Management, is soliciting proposals from eligible and responsible firms for the supply of equipment and services for Call Center as described in Annex 1 (Detailed Specifications and Requirements). The APFM Project is an official program of the United States Agency for International Development (USAID), Contract No. AID-306-TO-15-00065, and is being carried out in Afghanistan. The goal of the APFM is to help Afghanistan improve its fiscal sustainability and enable delivery of essential services to its citizens by strengthening the National Unity Government’s (NUG) ability at the national and sub-national levels to mobilize domestic revenue and more effectively manage its budget. Specifically, APFM’s objectives are to: 1) Strengthen NUG’s capacity to forecast, increase, and manage domestic revenue by increasing essential capacities across NUG institutions, by increasing payment compliance across revenue collecting units, and by ensuring that those receipts are promptly transferred to the treasury account; and 2) Strengthen budget planning, execution, monitoring and evaluation, and reporting capacities of national and sub-national NUG entities, and improve communication and coordination between national and sub-national levels.

Offerors are responsible for ensuring that their offers are received in accordance with the instructions stated herein. Failure to adhere with instructions described herein may lead to disqualification of a proposal from consideration.

1.3 Questions and Requests for Clarifications

Questions regarding the technical or administrative requirements of this RFP may be submitted no later than 2:00pm local Kabul time on June 07, 2017 by email to [email protected]. Questions must be submitted in writing; phone calls will not be accepted. Questions and requests for clarification—and the responses thereto—that Chemonics believes may be of interest to other offerors will be circulated to all RFP recipients who have indicated an interest in bidding.

Only written answers issued by Chemonics will be considered official and carry weight in the RFP process and subsequent evaluation. Any verbal information received from employees of Chemonics or any other entity should not be considered as an official response to any questions regarding this RFP.

1.4 Offer Deadline

Offers must be received no later than 11am local Kabul time on June 12, 2017. Offers received after this date or time will be considered late and will be considered only at the discretion of Chemonics.

AFG FO RFP V1, April 08, 2017



1.5 Protocol for Submission of Offers

Each offeror must submit its proposal in two separate volumes: the Technical Volume and the Cost Volume. The following number of copies is required in each submission:

1. Technical Volume: Three (3) original hardcopies and one (1) electronic copy on CD of the technical volume, per the instructions below.

2. Cost Volume: One (1) original hardcopies and one (1) electronic copy on CD of the cost volume, per the instructions below.

All offers and related documents must be enclosed in sealed envelopes with the name and address of the offeror and the RFP number. “APFM-RFP-17-001” clearly marked on the outside. The Technical Volume and the Cost Volume must be submitted separately. Envelopes must be clearly marked either “Technical Volume” or “Cost Volume”. If multiple envelopes must be submitted due to the size of a proposal, offerors must ensure that each envelope is sealed and clearly marked with the information described above.

The proposal (consisting of both volumes) must be hand-delivered to Chemonics/APFM located at The Baron Hotel, Hawa Shinasi Road, Kabul, Afghanistan or be sent by mail to: [email protected].

All offers must be prepared in English.

1.5.1 Technical Volume

The Technical Volume should describe in detail the offeror’s proposed plan for providing the commodities described in the technical specifications found in Annex 1. It should demonstrate a clear understanding of the work to be undertaken and the responsibilities of all parties involved. The plan should include details on equipment, personnel, and subcontractors that the offeror will make available to carry out the required activities. The plan should also provide details on the anticipated delivery schedule, including an estimated completion date.

At a minimum, the Technical Volume must contain the following required completed documents:

1. Completed Technical Specifications (see Annex 1)2. Letter of Transmittal (see Section 3)3. Offeror’s Summary Sheet (see Section 4)4. Completed/Signed Certifications (see Section 5).5. Past Performance Information (see Section 1.11)6. Warranty Service/Coverage Information (see Section 1.12)7. In addition, offerors responding to this RFP are requested to submit the following:

Organizations responding to this RFP are requested to submit a copy of their official registration or business license.

Individuals responding to this RFP are requested to submit a copy of their identification card.

Subcontracting arrangements: If the execution of work to be performed by the offeror requires the hiring of subcontractors, the proposal must clearly identify the subcontractor(s), contact information of subcontractor(s), and the work they will perform. Chemonics will not refuse a proposal based upon the use of subcontractors; however, Chemonics retains the right to approve or reject the specific subcontractors selected.




All electronic copies of documents in the Technical Volume must be in PDF, Microsoft Word or Microsoft Excel format.

The information contained in the Technical Volume should not contain any cost- or price-related information.

Note: All commodities offered in response to this RFP must be new; no used or refurbished

commodities will be accepted. All commodities, software, and licenses offered in response to this RFP must be transferable

to USAID, the Afghanistan Ministry of Finance, or another entity in the cooperating country designated by Chemonics.

1.5.2 Cost Volume

The Cost Volume must include a unit cost breakdown for every line item described in Annex 1, as well as a description of any other costs involved; see the Price Schedule in Annex 2 for the required format. The offer must preserve and clearly indicate the line item numbers as shown in Annex 1. All items, services, transportation costs, etc. must be clearly labeled and included in the total price. Prices must be quoted on a lump-sum, all-inclusive basis. No other costs, taxes, and/or fees may be added later.

Pursuant to Article 72 of the Afghanistan Income Tax Law, Chemonics is required to withhold taxes from the gross amounts payable to all Afghan subcontractors. In accordance with this requirement, should an award be made to a successful offeror and an agreement is successfully negotiated with that offeror, Chemonics will withhold two percent (2%) tax from the entity’s gross invoices if the entity is in possession of an active business license issued by any of the following entities - the Ministry of Commerce and Industry, Afghanistan Investment Support Agency (AISA), Ministry of Information and Culture, Ministry of Education or Ministry of Public Health - at the time the awarded entity submits invoices for payment, and the invoices are successfully reviewed and approved by Chemonics. If the entity provides services contrary to approved by-laws or it does not possess a business license issued by any of the aforementioned public entities, but possesses licenses issued by other local or national government entities or municipalities, Chemonics will in this case withhold a seven percent (7%) fixed tax on the gross amount payable to the awarded entity, subject to Chemonics’ review and approval of the subcontractor’s invoices. In either case, this tax is withheld by Chemonics from the gross amount payable to the awarded entity and subsequently remitted to the Ministry of Finance. Chemonics will maintain records of all of such remittances.

Quotations must be fixed price, expressed in Afghani.

The Cost Volume must contain the following required documents:

1. Quotation on Offeror’s official letterhead or official quotation format, containing the information in Annex 2. Alternatively, offerors may complete the format found in Annex 2 and submit a signed/stamped version to Chemonics.

The anticipated subcontract type for this procurement will be a firm fixed priced subcontract.

It is anticipated that Chemonics will subcontract for the full quantities of commodities and services described in this RFP. However, Chemonics reserves the right to subcontract for less or more quantities and/or services at its discretion. An offeror may present a proposal for less than the list of commodities as described in Annex 1, but Chemonics’ preference is for proposals that address the complete technical solution.



1.6 Validity Period

Offers must remain valid for at least 120 calendar days after the offer deadline.

1.7 Authorized USAID Geographic Code and Source/Nationality

All goods and services offered in response to this RFP or supplied under any resulting award must meet USAID Geographic Code 937 in accordance with the United States Code of Federal Regulations (CFR), 22 CFR §228, available at: http://www.gpo.gov/fdsys/pkg/CFR-2015-title22-vol1/pdf/CFR-2015-title22-vol1-part228.pdf

The cooperating country for this RFP is Afghanistan.

Offerors may not offer or supply any commodities or related services that are manufactured or assembled in, shipped from, transported through, or otherwise involving any of the following countries: Cuba, Iran, North Korea and Syria. Related services include incidental services pertaining to any/all aspects of this work to be performed under a resulting subcontract (including transportation, fuel, lodging, meals, and communications expenses).

1.8 Eligibility of Offerors

By submitting an offer in response to this RFP, the offeror certifies that it and its principal officers are not debarred, suspended, or otherwise considered ineligible for an award by the U.S. Government. Chemonics will not award a contract to any firm that is debarred, suspended, or considered to be ineligible by the U.S. Government.

1.9 DUNS Number

Companies or organizations, whether for-profit or non-profit, shall be requested to provide a Data Universal Numbering System (DUNS) number if selected to receive an award in response to this RFP valued greater than or equal to USD$30,000 (or equivalent in other currency). If the Offeror does not have a DUNS number and is unable to obtain one before proposal submission deadline, Offeror shall include a statement noting their intention to register for a DUNS number should it be selected as the successful offeror or explaining why registration for a DUNS number is not possible. Contact Dun & Bradstreet through this webform to obtain a number: https://fedgov.dnb.com/webform. Further guidance on obtaining a DUNS number is available from Chemonics upon request.

1.10 Brand Names and Model Numbers

Any specific brand names and/or model numbers indicated—while often preferred—are for description only. An equivalent substitute, as determined by the specifications, will be acceptable. Any differences between requested commodities and offered items must be clearly noted and explained.

1.11 Past Performance

In the Technical Volume, all offers should include information for at least two (2) client references for recently-supplied commodities of similar technical scope and/or capacity.

The information supplied must include a.) the name, address, contact person, and current phone number of the organization for which services were performed; b.) a brief description of the work performed; c.) the duration (including the dates) of the work and amount (specify the currency) of the contracts/subcontracts. If the Offeror encountered problems in carrying out any of these contracts, it should provide an explanation of the problem encountered and describe any corrective action taken.


https://fedgov.dnb.com/webform

http://www.gpo.gov/fdsys/pkg/CFR-2015-title22-vol1/pdf/CFR-2015-title22-vol1-part228.pdf

http://www.gpo.gov/fdsys/pkg/CFR-2015-title22-vol1/pdf/CFR-2015-title22-vol1-part228.pdf


Failure to submit complete and accurate information regarding previous similar or related contracts is grounds for disqualification from the evaluation process.

If the offeror has worked with or for Chemonics in the past, please provide the date, the name of project the offeror worked with, and a brief description of the commodities the offeror delivered under that project. Please provide this information in addition to the three references above.

Chemonics reserves the right to obtain past performance information obtained from sources other than those identified by the offeror. Chemonics shall determine the relevance of similar past performance information.

1.12 In-Country Warranty Service and Repair Requirements

Warranty service and repair within the cooperating country are required for all commodities under this RFP. It is very important that these commodities be serviced with a well-established and capable local technology service provider. The technology service provider/local agent must be an official provider, authorized dealer, or certified service provider or reseller of the brand offered. The warranty coverage must be valid on all commodities for 36 months after delivery and acceptance of the commodities. At the time that any commodity is transferred to the Government of Afghanistan, the Afghanistan Revenue Department (ARD), or another entity within the cooperating country, all rights to warranty support and service shall be transferred with the commodity to that entity’s end-user.

Offerors should provide a signed letter from the service representative(s) in Afghanistan that certifies that the representative is authorized, in Afghanistan, to provide support and service for all serviceable products included in the offer. The local service representative(s) must further state that they are willing and able to honor the warranties provided on all commodities by that manufacturer, including after-sales maintenance, repair, and spare parts. All relevant contact information for the local service provider—as well as the local service provider’s process for exercising the warranty, and the average response time for service—must be included.

If multiple authorized agents will be involved in providing warranty service, the offer must include the above-detailed information for each agent involved in warranty service.

1.13 Electrical Requirements

The power requirements for this RFP are 220 V, 50 Hz. All electrical commodities, peripherals, and supplies contained in this RFP must operate on this voltage and hertz. Transformers will not be accepted. Auto-sensing, multi-voltage power supplies are preferable to single-voltage items.

1.14 Software Requirements

As applicable, for each of the software packages listed in this RFP (including operating systems), proposals must offer the latest version available on the market unless otherwise indicated. All software is to be offered with appropriate licenses, disks, CD media, and manuals. All software should be in English unless another language is specified. All software must be original from the manufacturer and in accordance with international intellectual property rights.

1.15 Delivery Requirements

Delivery terms are DDP.

The delivery location for the items described in this RFP is ARD. As part of its response to this RFP, each offeror is expected to provide an estimate (in calendar days) of the delivery timeframe (after



receipt of order). The delivery estimate presented in an offer in response to this RFP must be upheld in the performance of any resulting contract.

The delivery estimate presented in any offers in response to this RFP must be honest, accurate, and upheld in the performance of any resulting subcontract or order.

Any international shipping carried out under any subcontract resulting from this RFP must take place on US-flag vessels.

Packing: For delivery of commodities, the contents of each box must be identified by the contract line item number(s) clearly written on each box.

1.16 Basis for Award

The award will be made to a responsible offeror whose offer follows the RFP instructions, meets the eligibility requirements based on the lowest priced and technically acceptable approach.

Please note that if there are significant deficiencies regarding responsiveness to the requirements of this RFP, an offer may be deemed “non-responsive” and thereby disqualified from consideration. Chemonics reserves the right to waive immaterial deficiencies at its discretion.

Best-offer quotations are requested. It is anticipated that award will be made solely on the basis of these original proposals. However, Chemonics reserves the right to conduct any of the following:

Chemonics may conduct negotiations with and/or request clarifications from any offeror prior to award.

While preference will be given to offerors who can address the full technical requirements of this RFP, Chemonics may issue a partial award or split the award among various suppliers, if in the best interest of the APFM Project.

Chemonics may cancel this RFP at any time.

Please note that in submitting a response to this RFP, the offeror understands that USAID is not a party to this solicitation and the offeror agrees that any protest hereunder must be presented—in writing with full explanations—to the APFM Project for consideration, as USAID will not consider protests regarding procurements carried out by implementing partners. Chemonics, at its sole discretion, will make a final decision on the protest for this procurement.

Subcontract award is contingent on successful vetting of the awarded offeror by USAID. Pursuant to the Mission Order 201.06, vetting is required for all non-U.S. recipients proposed for any award in excess of $25,000 at any tier under a USAID contract, including subcontracts, 2nd-tier subcontracts, or any other similar award instrument.

1.17 Terms and Conditions of Subcontract

This is a Request for Proposals only. Issuance of this RFP does not in any way obligate Chemonics or USAID to award a subcontract, nor does it commit Chemonics or USAID to pay for costs incurred in the preparation and submission of a proposal.

This solicitation is subject to the Draft Order Terms and Conditions detailed in Section 2. Any resultant award will be governed by these terms and conditions. Chemonics reserves the right to make revisions to the content, order, and numbering of the provisions in the actual subcontract document prior to execution by Chemonics and the selected awardee. Issuance of a subcontract award is subject to availability of sufficient funds.



SECTION 2: DRAFT ORDER TERMS AND CONDITIONS

Per Section 1.17 of this RFP, in the event of a subcontract award resulting from an offer submitted in response to this RFP, the following terms and conditions will apply:

PART 1. GENERAL INFORMATION AND SCOPE OF WORK

ARTICLE 1. ACRONYMS AND DEFINITIONS

The following acronyms and definitions apply to this subcontract and all related correspondence:

ADS USAID Automated Directives SystemCFR United States Code of Federal RegulationsCooperating Country AfghanistanFAR United States Federal Acquisition RegulationsSubcontractor TBD US United StatesUSAID United States Agency for International DevelopmentUSG United States GovernmentVAT Value Added Tax

ARTICLE 2. BACKGROUND AND PURPOSE

BackgroundChemonics Afghanistan Limited Management and Implementation is the prime contractor for the Afghanistan Public Financial Management. The APFM Project is an official program of the United States Agency for International Development (USAID), Contract No. AID-306-TO-15-00065, and is being carried out in Afghanistan. The goal of the APFM is to help Afghanistan improve its fiscal sustainability and enable delivery of essential services to its citizens by strengthening the New Unity Government’s (NUG) ability at the national and sub-national levels to mobilize domestic revenue and more effectively manage its budget.

PurposeAfghanistan relies on voluntary tax compliance so it needs to provide prompt response to taxpayer en-quires. An effective means of communication can be telephone communication supported by a mod-ern call center which ARD has committed to establish. The purpose of this subcontract is to establish a Call Center to support ARD’s business requirements and call center functions.

Business Requirements and Call Center Functions

The solution must meet ARD needs as well as being simple enough for ARD technical team to main-tain and expand the system in future hence the Call Center would start with modest capacity with lim-ited functions both of which can be scaled up in future.

The Call Center will start with two major operations: outgoing and incoming calls. Outgoing calls should be used to communicate with debtors having tax debts, to remind taxpayers of in cases of non-filing of tax returns and to provide information on different tax publicity campaigns. Incoming calls should deal with many different types of taxpayer requests for information and where appropriate re-sponses are taken from the list of frequently asked questions will be given.

To operate these functions, the pilot would have from 2 + 3 employees, to handle 100 incoming calls a day, in two roles:

1. Operators (2) dealing with simple cases, outgoing calls, and 2. Officers (3) (for more complex cases and incoming calls).



The technology and procedures to support the pilot call center would comprise the following:

1. Phone landlines would be acquired and come through a Panasonic Switchboard (PBX) with lines capable of making and receiving phone calls simultaneously.

2. An Automated Call Distribution (ACD) would be deployed based on the Poltys Call Center (CC) View 2012 system. This software manages the phone switchboard for call center operations.

3. Calls would come in and out via the VOIP (voice over internet protocol) solutions us-ing computers and headsets supported by an open source VICI dial1 system.

4. Software with the capacity to register and report incoming calls by type, call agent and period. The recording of calls and supervision access to listen to these will be used for service quality issues. The system must support supervisor listening to calls. The open source technology is advisable to allow ARD to customize the software to meet evolving the requirements and maintain control over the application. The open source is easier for local technical staff to maintain after initial training

5. Training and maintenance support following the provision and installation of the equipment and software for four months.

6. Software to support skills-based routing and queue prioritization to allow calls and emails go to appropriate agents according to agreed work flow and distribution.

The call center will function as a central unit under the Revenue Systems Department. The unit would rotate agents from inbound calls to handle outbound calls when the volume of in-bound call load is low.

1VICIdial is the most popular Open-Source Contact Center Solution in the world. With over 14,000 installations in over 100 countries around the world. The agent screen is available in 16 different languages, with options to easily create your own custom translations as well. It has clients running VICIdial at call centers from 5 to 500 agents, handling over a million.


Call Center

Outgoing calls

Debt Case System

Notifications List

ARD Campaigns

Incoming Calls

Taxpayer Issues

FAQ Module


The technical requirements to install the Call Center within ARD with installation and customization open source solution:

The solution with 2 + 3 call agents and handling around 100 calls per day.

5 PC Linux (Laptop or Desktop), supports headset network

VICI dialer (Automated Call Distribution (ACD) support)

Headsets with microphone for call agents

Phone number from the IP providers

Ethernet Switch and Network

1 server for dialer (Linux installed and Dialer system of VICI dial)

SIP provider (SIP traffic), Polycom VoIP Phones

Tables and chairs

ARTICLE 3. SUBCONTRACT FUNDING AND TYPE

Chemonics Afghanistan Limited Management and Implementation., on behalf of USAID and in cooperation with the Government of Afghanistan, is authorized to fund this subcontract under the authority of Chemonics’ prime USAID Contract No. AID-306-TO-15-00065, funded by the USG.

This is a firm fixed-price subcontract payable entirely in the currency indicated in the cover page. No additional sums will be payable for any escalation in the cost of materials, equipment or labor, or because of the Subcontractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required. Chemonics will not adjust the subcontract price due to fluctuations in currency exchange rates. Chemonics will only make changes in the subcontract price or time to complete due to changes made by Chemonics in the work to be performed, or by delays caused by Chemonics.

ARTICLE 4. PERIOD OF PERFORMANCE

The period of performance for this Subcontract is 120 days . The Subcontractor shall deliver the deliverables set forth in Article 5 in accordance with the schedule stipulated therein.

Unless otherwise stated, all references to “days” in this subcontract means calendar days.

ARTICLE 5. DELIVERABLES AND DELIVERABLE SCHEDULE

The Subcontractor shall deliver to Chemonics the following deliverables, in accordance with the following Deliverables Schedule:

Deliverable Number Deliverable Name Deliverable Due Date Delivery

Location/Method1 Equipment and

software20 days from award ARD

2 Installation 30 days from award3 Training IT /OPs 45 days from award4 Maintenance 120 days from

installation5 Final Report 120 days from award



Deliverable No. 1 includes the complete delivery of equipment to ARD.Deliverable No. 2 includes the Installation of the equipment listed in Annex 1Deliverable No. 3 includes the Telephone Number Training of ARD relevant staff on its operation. Deliverable No. 4 includes the maintenance of equipment and software for 4 months installation. Deliverable No. 5 Comprehensive Final Report

Deliverable No. 5 is a comprehensive Final Report that includes details on the brands, models, licenses, and corresponding serial numbers of all commodities delivered to and accepted by Chemonics. In addition, the Final Report shall also include certifications for all equipment from the Subcontractor confirming warranty coverage in accordance with Article 8 of this subcontract; this warranty coverage shall be extended to Chemonics, USAID, and ARD. The Final Report shall include a summary of all processes, contact information, and guidance for exercising warranty service and support on the various commodities supplied under this subcontract. The Final Report shall be submitted in Microsoft Office or PDF format to [email protected].

All commodities delivered under this subcontract must be new; no used or refurbished commodities will be accepted.

All commodities, software, and licenses delivered under this subcontract must be transferable to USAID, the ARD, or another entity in the Cooperating Country designated by Chemonics.

ARTICLE 6. DELIVERY TERMS

A. Delivery terms are DDP. The Subcontractor shall deliver the deliverables as set forth in Article 5 to the delivery locations specified in Article 5.

B. Time is of the essence. By executing this subcontract, the Subcontractor confirms that it accepts that the delivery schedule stated herein is reasonable, and will comply with the delivery schedule.

C. Customs clearance. The Subcontractor shall clear any international shipments through customs and deliver them to the appropriate location(s) specified in Article 5. Chemonics is responsible for providing the Subcontractor with the necessary documentation required by cooperating country customs officials for duty-free customs clearance.

D. Consignee address. For any international shipments requiring customs clearance in the cooperating country, the following consignee address shall be used on each shipment to facilitate duty-free and tax-free customs clearance: TBD

E. U.S.-flag requirement. Any international transportation carried out under this subcontract shall take place on US-flag vessels/carriers. Any international air transportation shall be in accordance with FAR 52.247-63 (“Preference for U.S.-Flag Air Carriers”) and FAR 47.403 (“Guidelines for Implementation of the Fly America Act”).

ARTICLE 7. PACKING

A. All commodities supplied under this subcontract must be packed according to the best international packing standards, suitable to prevent theft, loss, or damage, including water damage, to cargo during transit and until safe arrival at the delivery point.

B. The contents of each box in any shipments delivered under this subcontract shall be clearly labeled with the corresponding part number and line item number from the commodity schedule and technical specifications sheets.




C. A complete itemized packing list shall be carried in a clearly-marked “packing list” envelope affixed to the outside of each shipping container or box used to deliver the goods. Each packing list must show a complete narrative description of the goods, all applicable part number, and the corresponding line item number.

ARTICLE 8. WARRANTY AND SERVICE

All commodities supplied under this subcontract must be covered by the manufacturer’s standard warranty which shall, at a minimum, be valid in Afghanistan and protect Chemonics from any loss due to defective workmanship, material, and parts, for thirty six (36) months after delivery of the commodities. In the event that the warranty is breached, Chemonics may require, and the Subcontractor is bound, to remedy all defects and faults, including both workmanship and materials within a reasonable time of notification. The Subcontractor shall be responsible for all necessary transportation charges required to ship the defective commodities to the manufacturer and return to Chemonics. In the event of the Subcontractor’s refusal, failure, or inability to remedy such discrepancies within a reasonable time of notification, Chemonics may remedy such defects on his own and claim the reasonable cost of such remedial action from the Subcontractor.

All warranty service, repair, and supply of parts shall take place within the cooperating country. Under this subcontract, the following local Afghanistan agent(s) are authorized by the Subcontractor to provide all in-country warranty and post warranty service: TBD

At the time that any commodity(ies) supplied under this subcontract is (are) transferred to the ARD, the Government of Afghanistan, or another entity within the cooperating country, all rights to warranty support and service provided to Chemonics under this subcontract shall be transferred with the commodity(ies) to the that entity’s end-user. The Subcontractor shall continue to honor all warranty support and services for the duration of the warranty period.

PART 2. PAYMENT AND FINANCIAL OBLIGATIONS

ARTICLE 9. SUBCONTRACT PRICE

The Subcontractor shall complete all work (including furnishing all labor, material, commodities, equipment, Insurances and services) required under this subcontract for the fixed price of . This price shall include all equipment, commodities, shipping costs, licenses, permits, administration costs, labor costs, materials, overhead, profit, and all other costs.

The Subcontractor will be paid the installment amounts listed under the column named “Payment Amount” only upon successful completion and acceptance by Chemonics of all corresponding deliverables listed in the column named “Corresponding Deliverable Name.”

Payment No. Corresponding Deliverable Name Payment Amount

1 Delivery of equipment and software 50% of subcontract fixed price2 Completion of training of IT and

Call Center Staff40% of subcontract fixed price

3 Last maintenance of equipment and software

10% of subcontract fixed price

ARTICLE 10. PAYMENT TERMS

Chemonics will pay the total price through a series of installment payments as provided in Article 9 above, after Subcontractor’s completion of the corresponding deliverables and Chemonics’ acceptance thereof. The Subcontractor may submit invoices for deliverables that have been accepted



and approved by the authorized Chemonics representative. Chemonics will pay the Subcontractor’s invoice within thirty (30) days after the following conditions have been fulfilled:

a) the Subcontractor has delivered a proper invoice, in compliance with Article 11 below.b) Chemonics has issued an inspection certificate, in compliance with Article 27 below.

Payment will be made in Afghani, paid via check or wire transfer to the account specified in the Subcontractor’s invoice. Payment of unpaid balances will be made upon completion and final acceptance of all works and deliverables by Chemonics. Any invoices for services rendered and deliverables submitted—but not accepted by Chemonics—will not be paid until the Subcontractor makes sufficient revisions to the deliverables such that Chemonics may approve the deliverables and thus the invoice. ARTICLE 11. INVOICE REQUIREMENTS

The Subcontractor shall present an invoice to Chemonics only for services and/or commodities that have been accepted by Chemonics. The invoice must be an original invoice, submitted to:

Chemonics Afghanistan Limited Management and Implementation/ APFM projectAttention: Esmatullah Amiri, Procurement ManagerBaron Hotel, Hawa Shinasi Road, Kabul, Afghanistan

To constitute a proper invoice, the Subcontractor’s invoice must include the following information and/or attached documentation. This information will assist Chemonics in making timely payments to the Subcontractor:

1. Subcontractor legal name, subcontract number, invoice date, and invoice number.2. Deliverable(s) number, description of approved deliverable(s), and corresponding value.3. Bank account information to which payment shall be sent.

ARTICLE 12. COOPERATING COUNTRY FEES, TAXES, AND DUTIES

This subcontract is entered into by Chemonics on behalf of the APFM Project, an official program of the Government of the United States in Afghanistan.

Pursuant to Article 72 of the Afghanistan Income Tax Law, Chemonics is required to withhold taxes from the gross amounts payable to all Afghan subcontractors. In accordance with this requirement, should an award be made to a successful offeror and an agreement is successfully negotiated with that offeror, Chemonics will withhold two percent (2%) tax from the entity’s gross invoices if the entity is in possession of an active business license issued by any of the following entities - the Ministry of Commerce and Industry, Afghanistan Investment Support Agency (AISA), Ministry of Information and Culture, Ministry of Education or Ministry of Public Health - at the time the awarded entity submits invoices for payment, and the invoices are successfully reviewed and approved by Chemonics. If the entity provides services contrary to approved by-laws or it does not possess a business license issued by any of the aforementioned public entities, but possesses licenses issued by other local or national government entities or municipalities, Chemonics will in this case withhold a seven percent (7%) fixed tax on the gross amount payable to the awarded entity, subject to Chemonics’ review and approval of the subcontractor’s invoices. In either case, this tax is withheld by Chemonics from the gross amount payable to the awarded entity and subsequently remitted to the Ministry of Finance. Chemonics will maintain records of all of such remittances.

The Subcontractor is responsible for payment of all applicable taxes, as prescribed under the applicable laws, associated with wages/salaries/compensation for services rendered by individuals employed by the Subcontractor and who are directed to work as required under this Subcontract. The Subcontractor is liable for payment of all applicable taxes associated with revenues (profit), and other



such taxes, fees, or dues for which Subcontractor is normally responsible as a result of operating its business.

ARTICLE 13. SET-OFF CLAUSE

Chemonics reserves the right of set-off against amounts payable to Subcontractor under this subcontract or any other agreement in the amount of any claim or refunds Chemonics may have against the Subcontractor.

ARTICLE 14. [RESERVED]

PART 3. ADDITIONAL TERMS AND CONDITIONS

ARTICLE 15. GOVERNING LANGUAGE

The Subcontract is executed in the English language, which shall be the binding and controlling language for all matters relating to the meaning and/or interpretation of this Subcontract.

ARTICLE 16. AUTHORIZED REPRESENTATIVES

Any action, modification, notice, request, or consent required to be given or made pursuant to this subcontract must be in writing and may only be made by the authorized representatives specified below or their designee(s):

For Chemonics Afghanistan Limited Management and Implementation: Paul Sisk, Chief of Party.

For Subcontractor: TBD

ARTICLE 17. AUTHORIZED USAID GEOGRAPHIC CODE

The authorized USAID geographic code for this subcontract is USAID Geographic Code 937 in accordance with the United States Code of Federal Regulations (CFR), 22 CFR §228, available at: https://www.gpo.gov/fdsys/pkg/CFR-2015-title22-vol1/pdf/CFR-2015-title22-vol1-part228.pdf

The source and nationality of all goods, commodities, and services provided under this subcontract must meet the above-specified USAID geographic code specified in accordance with the regulations found in 22 CFR 228.

The cooperating country for this subcontract is Afghanistan.

No commodities or related services may be supplied under this subcontract that are manufactured or assembled in, shipped from, transported through, or otherwise involving any of the following countries: Cuba, Iran, North Korea, ,and Syria. Related services include incidental services pertaining to any/all aspects of this work to be performed under a resulting subcontract (including transportation, fuel, lodging, meals, and communications expenses).

ARTICLE 18. RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FAR 52.225-13)

(a) Except as authorized by the Department of Treasury’s Office of Foreign Assets Control (OFAC), the Subcontractor shall not acquire for its use in the performance of this subcontract, any supplies or services if any proclamation, U.S. Executive Order, U.S. statute, or OFAC’s implementing reg-ulations (31 CFR Chapter V), would prohibit such a transaction by a U.S. person, as defined by law.


https://www.gpo.gov/fdsys/pkg/CFR-2015-title22-vol1/pdf/CFR-2015-title22-vol1-part228.pdf


(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and North Korea and Syria are prohibited, including importing/exporting to/from the United States, engaging in finan-cial transactions, or facilitating any prohibited transactions by third parties. Lists of entities and individuals subject to economic sanctions – which are updated routinely - are included in OFAC’s List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/en-forcement/ofac/sdn. It is the Subcontractor’s responsibility to remain informed as to sanctioned parties and to ensure compliance with all relevant U.S. sanctions and trade restrictions. More in -formation about these restrictions, as well as updates, is available in the OFAC’s regulations at 31 CFR Chapter V and/or on OFAC’s website at http://www.treas.gov/offices/enforcement/ofac.

(c) The Subcontractor shall insert this article, including this paragraph (c), in all subcontracts and

subawards issued under this subcontract.

ARTICLE 19. COMPLIANCE WITH U.S. EXPORT LAWS

Subcontractor warrants and agrees to comply with all U.S. export laws and regulations and other applicable U.S. law and regulations, including but not limited to: (i) the Arms Export Control Act (AECA), 22 U.S.C. 2778 and 2779; (ii) Trading with the Enemy Act (TWEA), 50 U.S.C. App. §§ 1-44; (iii) International Traffic in Arms Regulations (ITAR), 22 C.F.R. Parts 120-130.; (iv) Export Administration Act (EAA) of 1979 and the Export Administration Regulations (EAR) 15 C.F.R. Parts 730-774, (including the EAR anti-boycott provision); (v) the International Emergency Economic Powers Act (IEEPA), 50 U.S.C. 1701-1706 and Executive Orders of the President under IEEPA, 50 U.S.C. app. §§ 2401-2420; (vi) Office of Foreign Asset Controls (OFAC) Regulations, 31 C.F.R. Parts 500-598; and (vii) other applicable U.S. laws and regulations. As required, subject to Chemonics’ prior approval for all exports or imports under the Subcontract, Subcontractor shall determine any export license, reporting, filing or other requirements, obtain any export license or other official authorization, and carry out any customs formalities for the export of goods or services. Subcontractor agrees to cooperate in providing any reports, authorizations, or other documentation related to export compliance requested by Chemonics. Subcontractor agrees to indemnify, hold harmless and defend Chemonics for any losses, liabilities and claims, including as penalties or fines as a result of any regulatory action taken against Chemonics as a result of Subcontractor’s non-compliance with this provision.

ARTICLE 20. ANTI-BOYCOTT COMPLIANCE

It is the policy of Chemonics Afghanistan Limited Management and Implementation to comply fully with all U.S. export control laws, including the Export Administration Regulations (EAR) anti-boy-cott provisions, 15 CFR Part 760 [and Ribicoff Amendment to the 1976 Tax Reform Act (TRA)], which encourage, and in specified cases, require U.S. firms to refuse to participate in foreign boycotts that the United States does not sanction, and encompass adherence to applicable reporting require-ments. Conduct that may be penalized under the regulations includes:

Agreements to refuse or actual refusal to do business with or in Israel or with blacklisted companies.

Agreements to discriminate or actual discrimination against other persons based on race, reli-gion, sex, national origin or nationality.

Agreements to furnish or actual furnishing of information about business relationships with or in Israel or with blacklisted companies.

Agreements to furnish or actual furnishing of information about the race, religion, sex, or na-tional origin of another person.

The Subcontractor and its owners, directors, officers, employees, or agents thereof, agrees that it shall not engage in such conduct or enter agreements to that effect.


http://www.treas.gov/offices/enforcement/ofac

http://www.treas.gov/offices/enforcement/ofac/sdn

http://www.treas.gov/offices/enforcement/ofac/sdn


The Subcontractor shall report to Chemonics when any such requests related to the work of this Subcontract are encountered and shall agree to any required reporting of such requests to the U.S. Department of Commerce Bureau of Industry and Security and Internal Revenue Service.

ARTICLE 21. ANTI-KICKBACK

(a) Definitions.

Kickback, as used herein, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind, which is provided, directly or indirectly, to Chemonics, the APFM project office or any of its employees, the Subcontractor or Subcontractor employees, or vendors in any way related to the performance or subsequent activities of this subcontract, for the purpose of improperly obtaining or rewarding favorable treatment in connection with this subcontract.

Person, as used in this article, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

Subcontractor employee, as used in this article, means any officer, partner, employee, or agent of the Subcontractor.

(b) The Subcontractor and its employees, whether directly or indirectly engaged in the performance of this subcontract, agree to abide by the terms of The United States Anti-Kickback Act of 1986, which prohibits any person from providing or attempting to provide any kickback; soliciting, accepting, or attempting to accept any kickback; or including, directly or indirectly, the amount of any kickback in the contract price charged by the Subcontractor to Chemonics.

When the Subcontractor has reasonable grounds to believe that a violation described in paragraph (b) of this provision may have occurred, the Subcontractor shall promptly report in writing the possible violation. Such reports shall be made to Chemonics, who shall forward the report to the USAID Inspector General for investigation, as required.

The Subcontractor agrees to cooperate fully with any United States Government agency investigating a possible violation described in paragraph (b) of this article.

Chemonics may offset the amount of the kickback against any monies owed by Chemonics under this fixed price subcontract or order the monies withheld from future payments due the Subcontractor.

The Subcontractor agrees to include the substance of this article in any contract it may issue under this subcontract.

ARTICLE 22. TERRORIST FINANCING PROHIBITION

The Subcontractor (including its employees, consultants, and agents) by entering into this subcontract certifies that it does not engage, support or finance individuals and/or organizations associated with terrorism. The Subcontractor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. A list of entities and individuals subject to restrictions, prohibitions and sanctions can be found at the web site of the Department of Treasury’s Office of Foreign Assets Control (OFAC), at http://treasury.gov/ofac. It is the legal responsibility of the Subcontractor to ensure compliance with the Executive Order 13224 and other U.S. laws prohibiting terrorist financing. This provision must be included in all subcontracts or subawards issued under this subcontract.

ARTICLE 23. ELIGIBILITY OF SUBCONTRACTORS


http://treasury.gov/ofac


In accordance with Federal Acquisition Regulation (FAR) Clause 52.209-6, “Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment,” (SEP 2006), no commodities, software, goods, materials, or services shall be eligible for USAID financing or reimbursement under this subcontract if provided by a subcontractor or supplier (or a subcontractors’ or suppliers’ principle) that is debarred, suspended, or proposed for debarment by USAID or the USG. This applies to the Subcontractor and the Subcontractor’s subcontractors and suppliers as well.

ARTICLE 24. COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS

The Subcontractor shall perform all work, and comply in all respects, with applicable laws, ordinances, codes, regulations, and other authoritative rules of the United States and Afghanistan and its political subdivisions and with the standards of relevant licensing boards and professional associations. The Subcontractor shall also comply with the applicable USAID regulations governing this subcontract, which are incorporated by reference into this subcontract, and appear in Article 35, Clauses Incorporated by Reference.

ARTICLE 25. INDEMNITY AND SUBCONTRACTOR WAIVER OF BENEFITS

A. The Subcontractor waives any additional benefits and agrees to indemnify and save harmless Chemonics, USAID, and ARD, their officers, directors, agents, and employees from and against any and all claims and liability, loss, expenses, suits, damages, judgments, demands, and costs (including reasonable legal and professional fees and expenses) arising out of: (1) the acts or omissions of Subcontractor, its employees, officers, directors, agents or its

subcontractors; (2) injury or death to persons, including officers, directors, employees, agents and

subcontractors of Subcontractor, or loss of or damage to property, or fines and penalties which may result, in whole or in part, by reason of the buying, selling, distribution, or use of any of the goods or services purchased or provided under this Subcontract except to the extent that such damage is due to the negligence of Chemonics;

(3) the infringement or violation of any patent, copyright, trademark, service mark, trade secret, or other proprietary interest of any third party resulting from Chemonics’ use, distribution, sale, sublicensing, or possession of the goods (including software and all forms of written materials) or services purchased or provided, as authorized hereunder, or from the use or possession of said goods or services by Chemonics, USAID, and ARD, as authorized hereunder; or false claims submitted by Subcontractor or its subcontractors under this Subcontract or as a result of a Subcontractor misrepresentation of fact or fraud by Subcontractor.

B. Subcontractor shall defend and settle at its sole expense all suits or proceedings arising out of the foregoing, provided that Subcontractor has notice or is given prompt written notice of such claim or suit and, further, that Subcontractor shall be given necessary information, reasonable assistance and the authority to defend such claim or suit. Subcontractor shall not settle, compromise or discharge any pending or threatened suit, claim or litigation, arising out of, based upon, or in any way related to the subject matter of this subcontract and to which Chemonics is or may reasonably be expected to be a party, unless and until Subcontractor has obtained a written agreement, approved by Chemonics (which shall not be unreasonably withheld) and executed by each party to such proposed settlement, compromise or discharge, releasing Chemonics from any and all liability.

C. If any of the goods or services provided by Subcontractor hereunder, including without limitation software and all forms of written materials, become the subject of a claim of infringement or violation of a third party's intellectual property, privacy and/or proprietary rights, Subcontractor shall, at its own expense, use its best efforts—



(1) to procure for Chemonics the right to continue use and, if authorized under this Subcontract, distribution of the infringing goods or services or,

(2) to modify the goods or services to make them non-infringing, or to replace them with equivalent, non-infringing counterparts.

If none of the above-mentioned can be successfully implemented, then Subcontractor shall refund to Chemonics all monies paid to the Subcontractor for the infringing goods and services.

ARTICLE 26. INTELLECTUAL PROPERTY RIGHTS

The ownership of all copyright and other intellectual property rights in respect of any data compilations, research, spreadsheets, graphs, reports, diagrams, designs, work products, software, or any other documents, developed in connection with this subcontract will exclusively vest in or remain with Chemonics, which shall have all proprietary rights therein, notwithstanding that the Subcontractor or its employees may be the author of the intellectual property. All documents relating to the intellectual property or otherwise connected with this fixed price subcontract, the services, or duties must be returned or delivered to Chemonics at the time of the expiration or termination of the subcontract. The Subcontractor agrees not to publish or make use of any of the intellectual property, or documents relating thereto, without the prior written approval of Chemonics and proper attribution.

ARTICLE 27. INSPECTION AND ACCEPTANCE

A. Prior to delivery, any commodities under this subcontract—including raw materials, components, intermediate assemblies, and end products—shall be subject at any time to inspection and testing at the request of Chemonics at the expense of Chemonics. Chemonics will notify the Subcontractor in writing of the names of any inspectors or inspection firms. It is understood that inspection or testing shall not in any way release the Subcontractor from any warranty or other obligations under this subcontract.

B. If any inspection or test is made by or on behalf of Chemonics on the premises of the Subcontractor, the Subcontractor shall provide reasonable facilities and assistance for the safety and convenience of Chemonics or its inspectors in the performance of their duties without additional charge.

C. Once commodities have been delivered to the delivery point by the Subcontractor, Chemonics shall inspect the commodities to confirm compliance with the subcontract requirements. If the commodities are compliant with subcontract requirements, an inspection certificate will be issued by Chemonics. In the event that the commodities are not fully compliant, the Subcontractor shall be required to remedy any defects or faults prior to acceptance by Chemonics.

ARTICLE 28. MODIFICATIONS

Modifications to the terms and conditions of this subcontract, including any modification to the scope of work, may only be made by written agreement between authorized personnel of both Parties as stipulated in Article 16 of this subcontract. Each Party shall give due notice and consideration to any proposals for modification made by the other Party.

ARTICLE 29. CHANGES

In accordance with FAR Clause 52.243-1 “Changes—Fixed-Price” (AUG 1987), Chemonics may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this subcontract in the services to be performed.



If any such change(s) causes an increase or a decrease in the cost, or the time required for the performance, or any part of the work under the subcontract, an equitable adjustment shall be made in the subcontract price or delivery schedule, or both, and the subcontract shall be modified in writing accordingly. Any claim by the Subcontractor for adjustment under this subcontract must be asserted within 30 (thirty) days from the date of receipt by the Subcontractor of the modification or change.

ARTICLE 30. ASSIGNMENT AND DELEGATION

This subcontract may not be assigned or delegated, in whole or in part, by the Subcontractor without the written consent of Chemonics. Absent such written consent, any assignment is void.

ARTICLE 31. GOVERNING LAW AND RESOLUTION OF DISPUTES

A. Governing Law. This Subcontract, including any disputes related thereto, shall be governed by the laws of the District of Columbia.

B. Disputes with the Government. Chemonics’ Prime Contract with the US Government is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Any claim arising out of the performance of this Subcontract that relates to any decision of the Government under the prime contract must be resolved in accordance with the clause at FAR 52.233-1 Disputes, which is incorporated herein by reference.

(1) Any decision of the US Government under the Prime Contract, if binding on Chemonics, shall also bind the Subcontractor to the extent that it relates to this Subcontract, provided that Chemonics shall have promptly notified the Subcontractor of such decision and, if requested by Subcontractor, shall have brought suit or filed claim, as appropriate against the Government, or, in alternative, agreed to sponsor Subcontractor’s suit or claim. A final judgment in any such suit or final disposition of such claim shall be conclusive upon Chemonics and the Subcontractor.

(2) For any action brought or sponsored by Chemonics on behalf of the Subcontractor pursuant to this article, the Subcontractor agrees to indemnify and hold Chemonics harmless from all costs and expenses incurred by Chemonics in prosecuting or sponsoring any such appeal.

C. Disputes between the Parties. The following procedures shall govern the resolution of any controversy, dispute or claim between or among “Parties,” arising out of the interpretation, performance, breach or alleged breach of this Subcontract (“Dispute”) that is not covered by (B) above.

(1) Negotiation. The Parties shall promptly attempt to resolve any Dispute by negotiation in the normal course of business. If, after good faith efforts, the Dispute is not resolved, either Party may request in writing that the Dispute be resolved via Executive Consultation pursuant to subparagraph (2) below.

(2) Executive Consultation. For Disputes submitted to Executive Consultation, each Party shall designate a senior company official with authority and responsibility for attempting to resolve the matter. For Chemonics, such designee shall be a Senior Vice President, or a person at a higher level of authority. For Subcontractor, such designee shall be an authorized negotiator. The Party initiating the claim shall provide, in addition to documents supporting the claim, a brief summary of the claim, its perception of the positions of the Parties and any perceived barriers to settlement of the case. The summary may be submitted directly to the designated Party Executive. Within 30 calendar days after delivery of the claim summary, the Parties shall meet and attempt to resolve the Dispute. If the Dispute is not resolved within 45 days from submission of the claim summary, or such other amount of time as agreed between the Parties, the claiming Party may proceed under subparagraph (3) below.



(3) Arbitration. Any controversy or claim between the Parties arising out of or relating to this Subcontract, or the breach thereof, that has not been resolved by Executive Consultation, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Optional Rules for Emergency Measures of Protection, unless otherwise provided herein. The arbitrators shall not be empowered to award damages in excess of compensatory damages and each Party expressly waives and foregoes any right to punitive, exemplary, or similar damages. Each Party will bear the cost of its own Attorney-Fees. The Arbitration shall be in Washington, D.C., unless otherwise agreed between the Parties.

D. Obligation to perform work. Subcontractor shall diligently proceed with the performance of work pending final resolution of any Dispute.

E. The Subcontractor acknowledges and agrees that it has no direct action against the U.S. Government or USAID for any claims arising under this Subcontract.

ARTICLE 32. FORCE MAJEURE

“Force Majeure” as used herein means: acts of God, natural disasters, invasion or war (whether declared or not) and other hostilities, revolution, rebellion, labor disputes, insurrection or riot, confrontation or other disorder, ionizing radiation or confrontation by regular activity from any unclear or waste, radio-active, biological, chemical or toxic explosives or other hazardous properties of any explosives, biological or chemical agents, nuclear assembly or nuclear components thereof, or other act, event or circumstance of a similar nature or force, arising from circumstances beyond the control of the Subcontractor or which Subcontractor could not reasonably be expected to have taken into account and which or the consequences of which the Subcontractor could not reasonably be expected to have avoided or overcome.

The Subcontractor shall not be liable for any excess costs if the failure to perform the subcontract arises out of a Force Majeure cause and if the Subcontractor, within 20 (twenty) days from the beginning of any such Force Majeure, notifies Chemonics of such prevention of performance and the cause thereof. If the failure to perform is caused by the fault of a Subcontractor’s subcontractor and if such default arises out of causes beyond the control of both the Subcontractor and the Subcontractor’s subcontractor and without the fault or negligence of either of them (Force Majeure), and the Subcontractor, within 20 (twenty) days from the beginning of any such Force Majeure, notifies Chemonics in writing of such prevention of performance and the cause thereof, the Subcontractor shall not be liable for any excess costs due to the failure to perform, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Subcontractor to meet the required delivery schedule.

ARTICLE 33. TERMINATION

Chemonics reserves the unilateral right to terminate this fixed price subcontract at any time, paying for all deliverables completed at the time of termination and a pro-rata share of any deliverable in progress, in accordance with FAR Clause 52.249-1, Termination for Convenience of the Government (Fixed Price) (Short Form) (April 1984), which is incorporated by reference in Article 35 herein.

In the event that the Subcontractor fails to make progress so as to endanger performance of this fixed price subcontract, or is unable to fulfill the terms of this fixed price subcontract by the completion date, the Subcontractor shall notify Chemonics forthwith and Chemonics shall have the right to summary termination of this fixed price subcontract upon written notice to the Subcontractor in accordance with the incorporated FAR Clause 52.249-8, Default (Fixed-Price Supply and Service).

ARTICLE 34. REPRESENTATIONS AND CERTIFICATIONS



Any representations and certifications submitted resulting in award of this Subcontract are hereby incorporated either in full text or by reference, and any updated representations and certifications submitted thereafter are incorporated by reference and made a part of this Subcontract with the same force and effect as if they were incorporated by full text. By signing this Subcontract, the Subcontractor hereby certifies that as of the time of award of this Subcontract: (1) the Subcontractor, including its principals, is not debarred, suspended or proposed for debarment or declared ineligible for award by any U.S. Federal agency; (2) no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of the U.S. Congress, an officer or employee of the U.S. Congress, or an employee of a member of the U.S. Congress on its behalf in connection with awarding the contract or this Subcontract; and (3) no changes have occurred to any other representations and certifications made by the Subcontractor resulting in award of this Subcontract. The Subcontractor agrees to promptly notify Chemonics in writing of any changes occurring at any time during performance of this Subcontract to any representations and certifications submitted by the Subcontractor.

ARTICLE 35. SURVIVAL

The provisions set forth in the following Articles of this subcontract will survive after termination or expiration of this subcontract and will remain in effect until fulfilled:

Article 8. Warranty Support and ServiceArticle 12. Cooperating Country Fees, Taxes, and DutiesArticle 24. Compliance with Applicable Laws and Standards Article 25. Indemnity and Subcontractor Waiver of BenefitsArticle 31. Governing Law and Resolution of Disputes

ARTILCE 36: VETTING

Vetting procedures are established by the Mission Order 201.06, in coordination with the Mission Order 201.03 (Terrorist Finance Risk Assessment, dated October 2009). The Mission Order outlines policies, responsibilities and procedures aimed at ensuring USAID-financed projects provide no funding or benefits, even inadvertently, to Prohibited Parties. Pursuant to the Mission Order 201.06, vetting is required for all non-U.S. recipients proposed for any award in excess of $25,000 at any tier under a USAID contract, including subcontracts, 2nd-tier subcontracts, or any other similar award instrument. As such, the Contractor must seek an eligibility determination from USAID for any subcontract or second-tier subcontracts valued in excess of $25,000, as detailed in Mission Order 201.06 and updated periodically by USAID Afghanistan. If at any time during the performance of this subcontract, the Subcontractor or its principals, and/or any 2nd tier subcontractor (or its principals) under the subcontract is found to be ineligible for US federal funding as a result of the vetting per Mission Order 201.06, or ineligible as a subcontractor per notification from USAID, the Contractor may terminate the subcontract immediately. If a 2nd tier subcontractor was approved under the subcontract, and only the 2nd tier subcontractor or its principals are found to be ineligible for US federal funding, the Contactor may direct the Subcontractor to immediately terminate the 2nd tier subcontract, and the Subcontractor agrees to fulfill the directive without delay. In addition, the Subcontractor is required to notify the Contractor of any and all changes to its key principals within 3 days of such changes. Likewise, the Subcontractor shall require all of its 2nd tier subcontractors to report any and all changes to their key principals, and report such changes to the Contractor immediately upon notification from the 2nd tier subcontractor(s).

Article 37: DBA:

Prior to starting work, the Subcontractor at its own expense, shall procure and maintain in force, on all its operations, insurance in accordance with the chart listed below.

The policies of insurance shall be in such form and shall be issued by such company or companies as may be satisfactory to Chemonics. Upon request from Chemonics, the Subcontractor shall furnish



Chemonics with certificates of insurance from the insuring companies which shall specify the effective dates of the policies, the limits of liabilities there under, and contain a provision that the said insurance will not be canceled except upon thirty (30) days’ notice in writing to Chemonics. The Subcontractor shall not cancel any policies of insurance required hereunder either before or after completion of the work without written consent of Chemonics.

DEFENSE BASE ACT (DBA) INSURANCE

a. FAR 52.228-3 Worker’s Compensation Insurance (Defense Base Act Insurance (Luly 2014)

The Subcontractor shall (a) provide, before commencing performance under this contract, such workers’ compensation or security as the Defense Base Act (DBA) (42 U.S.C. 1651, et seq.) requires and (b) continue to maintain it until performance is completed. The Subcontractor shall insert, in all lower tier subcontracts authorized by Chemonics under this contract to which the Defense Base Act applies, a clause similar to this clause imposing upon those lower tier Subcontractors this requirement to comply with the Defense Base Act.

b. AIDAR 752.228-3 Workers' Compensation (Defense Base Act) [Updated by AAPD 05-05 – 02/12/04]

As prescribed in AIDAR 728.308, the following supplemental coverage is to be added to the clause specified in FAR 52.228-3.

c. (1) The Subcontractor agrees to procure Defense Base Act (DBA) insurance pursuant to the terms of the Subcontract between USAID and USAID’s DBA insurance carrier unless the Subcontractor has a DBA self-insurance program approved by the U.S. Department of Labor or has an approved retrospective rating agreement for DBA.

(2) If USAID, Contractor, or Subcontractor has secured a waiver of DBA coverage (See AIDAR 728.305-70(a)) for Subcontractor’s employees who are not citizens of, residents of, or hired in the United States, the Subcontractor agrees to provide such employees with worker’s compensation benefits as required by the laws of the country in which the employees are working, or by the laws of the employee’s native country, whichever offers greater benefits.

(3) The Subcontractor further agrees to insert in all lower tier subcontracts hereunder to which the DBA is applicable, a clause similar to this clause, including the sentence, imposing on all lower tier Subcontractors authorized by Chemonics a like requirement to provide overseas workmen’s compensation insurance coverage and obtain DBA coverage under the USAID requirements contract.

d. USAID’s DBA insurance carrier.

Contractors must apply for coverage directly to AON Risk Insurance Services Inc., the agent for AWAC DBA Insurance. For instructions on the required application form and submission requirements, contact the following office:

AON Risk Insurance Services West, Inc.2033 N. Main St., Suite 760Walnut Creek, CA 94596-3722Hours: 8:30 A.M. to 5:00 PM, Pacific TimePrimary Contact: Fred RobinsonPhone: (925) 951-1856Fax: (925) 951-1890Email: [email protected]




ARTICLE 38: SERIOUS INCIDENT REPORTING IN AFGHANISTAN

The Subcontractor is responsible for reporting all serious incidents during performance of the award. This reporting shall apply to all sub-awardees regardless of the tier (subs of subs and lower, etc.). In addition to reporting, the Subcontractor is responsible for ensuring timely investigation of all serious incidents and maintaining on file all records of reported serious incidents. A serious incident is defined (but not limited to) the following incidents affecting an employee or the implementation of activities paid for with U.S. Government funding regardless of the funding source and tier of the organization:

A. Arrest – A legal detention by the Afghanistan National Security Forces (ANSF) or Coalition Forces (CF)

B. Complex Attack – An attack using multiple means of engagement such as an Improvised Explosive Device (IED) followed by small arms fire

C. Demonstration – An organized act of protest against legitimate operations that results in violence or the threat of violence

D. Harassment – Interference in legitimate operations by ANSF, RS, or local civilian forcesE. Indirect Fire (IDF) – Attacks in which weapons are not directly aimed at the target (such as

mortars, artillery, emplaced rockets but not rocket propelled grenades -RPGs)F. Improvised Explosive Device (IED) – A bomb made and delivered in a non-conventional way

(body borne IED, vehicle borne IED, remote control IED, magnetic IED etc.)G. Capture - Illegal or hostile detention by insurgents or criminals for any length of time

i. Abduction: the act of taking someone away by force or fraudii. Kidnapping: the abduction of a person by force or fraud for use as a hostageiii. Hostage: a person given or held as security for the fulfillment of certain conditions or terms, promises, etc., by another.

H. Land Mine – A manufactured anti-personnel or anti-vehicle mine.I. Motor Vehicle Accident (MVA) – An airplane, motorcycle, car, or truck crash which results

in injury or damage.J. Robbery – Non-insurgent related theft of property.K. Small Arms Fire (SAF) – a hostile engagement by a direct fire weapon (such as a pistol, AK-

47, PK machine gun, RPG etc.)L. Threat – Verbal (in-person, telephone, etc.), SMS (text message), or written message

threatening violence or demanding payment in any form.M. Other – negligent or unintentional firearm discharge, physical altercation between employees,

cybersecurity incident, sexual misconduct etc.

INITIAL NOTIFICATION: The Subcontractor shall provide initial notification by email or telephone to the Chemonics’ Country Security Team (CST) and FAIDA management for accountability purposes of security incident as soon as practical, if it cannot be done immediately. This notification must provide as many details as are known at the time about the incident. A point of contact (POC) for the Subcontractor must be provided Chemonics for follow up on the security incident details. Additionally, if a security incident which involves an employee wounded in action (WIA) who later succumbs of the wound(s), the Subcontractor shall provide the same notification within 24 hours of the death of the individual.

SECURITY INCIDENT REPORT: Additionally, within 24 hours, the Subcontractor shall submit an initial Security Incident Report (SIR) documenting the incident in detail to the CST and FAIDA management. The SIR shall include, at a minimum, the Subcontract number, the name of the company, location where the incident occurred (Latitude/Longitude, GPS or MGRS coordinates, location name, etc.), time when the incident occurred, a brief description of the events of the incident, details about any known casualties, country of origin of all involved and a point of contact for further information as needed.



Following the conclusion or solution of the reported incident, a Final Security Incident Report should be submitted to the CST and FAIDA management to identify the resolution of the reported event and provide details indicating the resolution thereof.

PART 4. CLAUSES INCORPORATED BY REFERENCE

ARTICLE 36. CLAUSES INCORPORATED BY REFERENCE

This Subcontract includes the appropriate flow-down clauses as required by the Federal Acquisition Regulation and the USAID Acquisition Regulation. This fixed price subcontract incorporates the following clauses of the Federal Acquisition Regulation (48 Code of Federal Regulations, Chapter 1) and USAID Acquisition Regulation (48 Code of Federal Regulations, Chapter 7) by reference, with the same force and effect as if they were given in full text. The full text is available at https://acquisition.gov/far/ and http://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf. Modifications which apply to this fixed price subcontract appear after each clause. It is understood and agreed that the Subcontractor may be obligated by and to Chemonics for any specifications or documentation required of Chemonics under these clauses, and that references to the Contractor may also refer to the Subcontractor. The Subcontractor hereby agrees to abide by the terms and conditions imposed by these clauses. With respect to documentation and approvals required under these clauses, all such documentation and approvals shall be submitted to or requested from Chemonics.

References in the text of incorporated clauses to “the Government,” “USAID,” or “Contracting Officer” may, depending on their context, refer to “Chemonics,” and references to “the Contractor” may refer to the “Subcontractor.”

Federal Acquisitions Regulation (FAR) Clauses

FAR CLAUSE NUMBER

TITLE AND YEAR

52.202-1 DEFINITIONS (JUL 2004)52.203-3 GRATUITIES (APR 1984)52.203-6 RESTRICTION ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP

2006)52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL

OR IMPROPER ACTIVITY (JAN 1997)52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN

1997)52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)

52.215-14 INTEGRITY OF UNIT PRICES (OCT 1997)52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (JUN

2004)52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2006)52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF

CONTRACT (FEB 2000)52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (AUG 1996)52.227-9 REFUND OF ROYALTIES (APR 1984)52.228-3 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984)52.229-6 TAXES - FOREIGN FIXED PRICE CONTRACTS (JUN 2003)52.242-15 STOP-WORK ORDER (AUG 1989)52.243-1 (Alt I) CHANGES – FIXED PRICE (AUG 1987) (ALT I) (APR 1984)


http://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf

https://acquisition.gov/far/


52.243-7 NOTIFICATION OF CHANGES (APR 1984)52.246-2 INSPECTION OF SUPPLIES – FIXED-PRICE (AUG 1996)52.246-23 LIMITATION OF LIABILITY (FEB 1997)52.247-63 PREFERENCE FOR US-FLAG AIR CARRIERS (JUN 2003)52.247-64 PREFERENCE FOR PRIVATELY OWNED US-FLAG COMMERCIAL VESSELS

(FEB 2006)52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)

(APR 1984)52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

Agency for International Development Acquisitions Regulation (AIDAR) Clauses

AIDAR CLAUSE NUMBER

TITLE AND YEAR

752.202 Alt.70 and Alt.72

DEFINITIONS ALT. 70/ALT.72 (JANUARY 1990)

752.211-70 LANGUAGE AND MEASUREMENT (JUNE 1992)752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEBRUARY 2012)752.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT)752.228-9 CARGO INSURANCE752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JULY 2007)752.247-70 PREFERENCE FOR PRIVATELY OWNED US-FLAG COMMERCIAL VESSELS

(OCT 1996)



SECTION 3: LETTER OF TRANSMITTAL

The following cover letter must be placed on letterhead and completed/signed/stamped by a representative authorized to sign on behalf of the offeror, as part of the Technical Volume:

To: Afghanistan Public Financial Management (APFM)Baron Hotel, Hawa Shinasi Road, Chemonics, Kabul, Afghanistan

Reference: RFP No. APFM-RFP-17-001

To Whom It May Concern:

We, the undersigned, hereby provide the attached offer to perform all work required to complete the activities and requirements as described in the above-referenced RFP. Please find our offer attached.

We hereby acknowledge and agree to all terms, conditions, special provisions, and instructions included in the above-referenced RFP. We further certify that the below-named firm—as well as the firm’s principal officers and all commodities and services offered in response to this RFP—are eligible to participate in this procurement under the terms of this solicitation and under USAID regulations.

Furthermore, we hereby certify that, to the best of our knowledge and belief: We have no close, familial, or financial relationships with any Chemonics or APFM project

staff members; We have no close, familial, or financial relationships with any other offerors submitting propos-

als in response to the above-referenced RFP; and The prices in our offer have been arrived at independently, without any consultation, communica-

tion, or agreement with any other offeror or competitor for the purpose of restricting competition. All information in our proposal and all supporting documentation is authentic and accurate. We understand and agree to Chemonics’ prohibitions against fraud, bribery, and kickbacks. We understand that all documents provided, including a business license are authentic and that

Chemonics may conduct verification at its own discretion

We hereby certify that we have read Chemonics ethical and business conduct requirements included on the first page of this RFQ and that the enclosed representations, certifications, and other statements are accurate, current, and complete. Furthermore, we understand that failure to comply with the above will lead to disqualification of the quote, possible disbarment from future opportunities or immediate termination of the contract if awarded.

Authorized Signature:

Name and Title of Signatory:

Date:

Company Name:

Company Address:

Company Telephone and Website:

Company Registration or Taxpayer ID Number:

DUNS Number:

Does the company have an active bank account (Yes/No)?

Official name associated with bank account (for payment):



SECTION 4: OFFEROR’S TECHNICAL SUMMARY SHEET

The following information must be completed and submitted in the Technical Volume:

I. Name of Offeror:Tax ID No.:DUNS No:Address:Telephone/Fax No.:

II. Is the Offeror an official dealer for the commodities offered? ____yes _____no

III. International warranty on all commodities? ____yes _____no

Copy of warranty terms/conditions included? ____yes _____no

How many years for the warranty? _______ years

IV. Authorized agent(s) in Afghanistan for service, warranty, etc.:

A. Name(s): B. Address(s): C. Telephone No.(s): Fax No.(s): D. Contact:

V. Delivery time

Deliverable Number Deliverable Name Delivery Schedule

12345

etc.

TOTAL delivery estimate (after receipt of order) _______ calendar days(NOTE: Delivery data must be honest, accurate, and upheld in any resulting subcontract.)

Company Name

Name and title of authorized representative

Signature

Date



SECTION 5: REQUIRED CERTIFICATIONS

The following certifications must be completed and submitted in the Technical Volume:

SECTION 5-1 : CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

_________________________(hereinafter called the "offeror") (Name of Offeror)

(a) The offeror certifies that— (1) The prices in this offer have been arrived at independently, without, for the purpose of re-

stricting competition, any consultation, communication, or agreement with any other offeror or com-petitor 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, di-rectly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to sub-mit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory—

(1) Is the person in the offeror’s organization responsible for determining the prices being of-fered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to para-graphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action con-trary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

Company Name:

By (Signature): ___________________ Title: _____________________

Printed Name: ____________________ Date: _____________________



SECTION 5-2 : CERTIFICATION REGARDING RESPONSIBILITY MATTERS

CERTIFICATION REGARDING RESPONSIBILITY MATTERS (a) (1) The Offeror certifies, to the best of its knowledge and belief, that -

(i) The Offeror and/or any of its Principals -

(A) Are , are not , presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have , have not , within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(C) Are , are not , presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(ii) The Offeror has has not , within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment; and similar positions). This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Section 1001, Title 18, US Code.

(b) The Offeror shall provide immediate written notice to Chemonics if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by Chemonics may render the Offeror non responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available Chemonics, Chemonics may terminate the contract resulting from this solicitation for default.

Company Name:





SECTION 5-3 : EVIDENCE OF RESPONSIBILITY STATEMENT

EVIDENCE OF RESPONSIBILITY STATEMENT

This statement describes the offeror’s internal policies and procedures, as well as its ability to comply with the terms and conditions of a potential subcontract resulting from RFP No. APFM-RFP-17-001. The offeror shall complete the information in this statement as part of its proposal.

Company Name:

1. Authorized Negotiators

The offeror’s proposal in response to RFP No. APFM-RFP-17-001 may be discussed with any of the following individuals. These individuals are authorized to represent our company in negotiation of this proposal.

Names of authorized negotiator(s):

These individuals can be reached at the following office:Address: Telephone/Email:

2. Adequate Financial Resources

We hereby certify that the above-named company maintains adequate financial resources to manage any subcontract resulting from this offer.

3. Ability to Comply

We certify we are able to comply with the proposed schedule and period of performance, having taken into consideration all existing business commitments, commercial as well as governmental.

4. Record of Performance, Integrity, and Business Ethics

Our record of integrity is outstanding. We have no allegations of lack of integrity or of questionable business ethics. Our integrity can be confirmed by our Past Performance References, contained in the Technical Volume.

5. Organization, Experience, Accounting and Operational Controls, and Technical Skills

Describe how the subcontract will be managed:

6. Equipment and Facilities

We maintain the necessary facilities and equipment to carry out the subcontract.

7. Eligibility to Receive Award

We are qualified and eligible to receive an award under applicable laws and regulation. In addition, we have performed similar work – describe:

8. Acceptability of Subcontract Terms and Conditions

We have reviewed the solicitation document and attachments and agree to the terms and conditions set forth therein.

I hereby certify that the above statements are true and accurate, to the best of my knowledge.

Company Name:




ANNEX 1: DETAILED SPECIFICATIONS AND REQUIREMENTS

Annex 1 contains the technical requirements of the commodities. Line items are broken down into individual technical specifications.

As part of the Technical Volume, for each technical specification line item listed in Annex 1, offerors must indicate the model offered and describe the extent to which each requested specification is met. If there is a difference between the requested specification and the offered item, please indicate and describe the difference. If there is no difference, write "same".

Line Item

DescriptionQty

Column A Column B

Category Requested Model / Specifications

Offered Model / Specifications

Source Country

1.0 Desktop HP Compaq dx7400 MT or equal 5

ProcessorIntel Core 2 Duo T9600 (2.8 GHz, 1066 MHz FSB, 6 MB L2

cache) Memory 4GB (2x2GB) 800 MHz DDR2 SDRAM Hard Drive 320GB 7200 RPM SATA II Drive DVD/RW RAM drive Network Card 1000 PT PCIe Gigabit NIC Keyboard PS2 Standard Keyboard Mouse Optical Scroll Mouse Monitor LCD Monitor 19" L1750 OS Linux, latest version, with at least one year license key Warranty Three year international service and support

2.0

Server for Dialer with Linux 1

3.0 VICI Dialer 14.0 Headsets 5

5.0Ethernet & Network 1

6.0SIP Provider + Polycom 2

7.0 Phone Number (to work with all internal

Long code that number that works with all internal networks 1

AFG FO RFP Commodities V1, April 08, 2017


networks)

8.0Installations and trainings 1

9.0 Desk Office desk, wooden with one drawer 510.0 Chair Office revolving chair 5

11.0

Other Expenses (Please Specify if any):



ANNEX 2: PRICE SCHEDULE

In the Cost Volume, offerors must provide a quotation on Offeror’s official letterhead or official quotation format, containing the information below. Alternatively, offerors may complete this Annex 2 and submit a signed/stamped version to Chemonics.


Line Item Category QuantityUnit Price Total PriceAfghani Afghani

1.0Desktop PC with Linux OS, Support Headset Net-work 5

2.0 Server for Dialer with Linux 1 3.0 VICI Dialer 1 4.0 Headsets 55.0 Ethernet & Network 16.0 SIP Provider + Polycom 27.0 Phone Number (to work with all internal networks) 1

Installations and trainings7.0 Desk 58.0 Chair 59.0 Other Expenses (Please Specify if any):

GRAND TOTAL

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