request for proposal - Проект usaid · 2 request for proposal (rfp) date: february 15, 2016...

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Request for Proposal (RFP)

Date: February 15, 2016 FROM: DELOITTE CONSULTING OVERSEAS PROJECTS LLC 1919 N Lynn Street, Arlington, VA 22209 Subject: RFP for Public Health Certificate Curriculum Development (PHCCD) Dear Offerors: Deloitte invites your company to submit a proposal to Public Health Certificate Curriculum Development (PHCCD) in support of HIV Reform in Action (HIVRiA). Proposal Procedures and Instructions follow this letter which are incorporated herein and shall be made a part hereof. Please note the following deadlines in responding to this Request for Proposal: 1. Deadline for proposal submission is Tuesday, March 15, 2016 by 5:00 PM EST.

Please be advised that late submissions may be considered non-responsive and may not be considered for award.

2. Questions may be submitted no later than Monday, February 22, 2016 by 5:00 PM EST electronically to [email protected].

Deloitte is issuing this Request for Proposal in anticipates of an award under a U.S. Government project. In preparing your response please note that a set of Representations and Certifications in Attachment 2 and 3 hereto. Please complete these documents and return with your proposal submission. Failure to do so may disqualify your offer from the competition. Deloitte reserves the right to award the subcontract for portions of or all of the work proposed considering the necessity of the components to the total price. Thank you for your interest in this proposal. We look forward to working with your company on this opportunity. Sincerely, Ms. Takiywa Ankuma Federal Contract Division Senior Manager Deloitte Attachments: 1. Proposal Procedures and Schedule

2. Statement of Work 3. Instructions and Evaluation Criteria 4. Subcontract Agreement, Terms and Conditions, and Representations and Certifications 5. Assistance Certifications, Required under Cooperative Agreements to be flowed down to

Subcontractors 6. Budget Template 7. Budget Narrative

Formatted: Pattern: Clear (Background 1)

mailto:[email protected]

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Attachment 1:

Proposal Procedures and Instructions

This section of the RFP provides the general procedures and instructions the offeror is expected to follow in completing its response. 1.1 Proposal Format and Content

Clarity and completeness are of the utmost importance in your proposal demonstrating the capabilities of the offeror’s organization as they related to the requirements of this RFP.

1.2 Planned Schedule of RFP Events Due Date for Responses a/o March 15, 2016 Award a/o March 31, 2016 1.3 Anticipated Subcontract Type

It is anticipated that a Firm Fixed Price subcontract will be awarded. 1.4 Budget

The total ceiling budget for this fixed firm price subcontract is [inserted at time of award]. 1.5 Period of Performance

The period of performance of this subcontract is [inserted at time of award]. 1.6 Place of Performance

The place of performance is Ukraine.

1.7 Proposal Validity Period

Your proposal shall be considered valid for 90 days after submission. 1.8 Representations and Certifications and other Statements of the Offeror

You are required to complete and sign as part of your offer, Representations, Certifications and Other Statements of the Offeror. (Attachment 2 and 3).

1.9 Responsibility for Compliance with Legal Requirements The offeror’s products, services, and facilities shall be in full compliance with all applicable federal, state, and local laws, regulation, codes, standards, and ordinances, regardless of whether or not they are referred to by Deloitte

1.10 Proposal-Related Incurred Costs

The offeror shall be responsible for all costs incurred in preparing or responding to this RFP. All materials and documents submitted in response to this RFP become the property of Deloitte and will not be returned. This RFP will in no way obligate Deloitte to compensate any offeror for costs associated with the preparation of its proposal.

1.11 Reservation of Rights

In no event shall there be a right to protest or seek a claim based on Deloitte’s exercise of its

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discretion or judgment in evaluating or awarding a subcontract arising from or relating to the proposal. This RFP does not commit Deloitte to award a contract, to pay any costs incurred in the preparation of a proposal to this request, or to procure or subcontract for services or supplies. Deloitte reserves the right to cancel this procurement at any time without prior notice. Deloitte may require the offeror to participate in discussions, solely at Deloitte’s discretion, and to submit such monetary, technical or other revisions of their proposals that may result from such discussions. The offeror expressly waives any and all rights and remedies under any civil action arising from or related to the submittal of a proposal.

1.12 Rejection of Solicitation Response

Deloitte reserves the right to reject any or all responses received or any part thereof, on any basis or for any reason to accept any response or any part thereof, or to waive any informalities when it is deemed to be in Deloitte’s best interest.

1.13 Anti-Kickback Act of 1986

Anti-Kickback Act of 1986 as referenced in FAR 52.203-7 is hereby incorporated into this Request for Proposal as a condition of acceptance. If you have reasonable grounds to believe that a violation, as described in Paragraph (b) of FAR 52.203-7 may have occurred, you should report this suspected violation to the Deloitte’s Ethics Hotline at: 866-850-1485 within the US or 1-503-748-0570, outside of the US. You may report a suspected violation anonymously.

1.14 Cost or Pricing Data

If your proposal exceeds the threshold in FAR Part 15.4 relative to the requirement for Cost or Pricing Data, in accordance with the Truth in Negotiations Act, you are required to submit cost or pricing data. You are further notified that Deloitte’s client and/or the U.S. Government may also require such data be provided. If such data is required, it must be submitted in a format consistent with FAR Part 15 and the offeror must provide a Certificate of Current Cost or Pricing Data.

1.15 Confidential Information Notwithstanding any agreements, including any separate nondisclosure agreements, already

in place between the parties, Deloitte assumes no obligation regarding confidentiality of all or any portion of a proposal or any other material except that Deloitte may not disclose any portion which the prospective supplier clearly designates as containing proprietary information by affixing the legend in the title page :

“This proposal includes data that shall not be disclosed outside of Deloitte and shall not be

duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a subcontract is awarded to this offeror as a result of—or in connection with—the submission of this proposal, Deloitte shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting subcontract. This restriction does not limit the Deloitte's right to use information contained in this data if it is obtained from another source without restriction.”

And, mark each sheet of data it wishes to restrict with the following legend:

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“Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. “ Your Proposal will be subject to a Freedom of Information Act request in accordance with Federal law.

1.16 Agreements/Subcontracts

Deloitte anticipates that Deloitte and the selected offeror will execute separate agreements substantially in the form or similar to the terms contained hereto which will obligate the selected offeror to all commitments contained in the selected offer’s proposal. In the event you desire to make any additions, deletions or changes in any of the Agreement, you must set forth the specific proposed contractual language in detail in your proposal. If you do not set forth specific proposed contractual language in your proposal, you will be expected to execute the Agreements in the form attached hereto if you are the selected subcontractor. Your setting forth specific proposed contractual language shall be weighed strongly by Deloitte in making a selection, and such proposed language may be subject to negotiation prior to the selection of a subcontractor. Some prospective offerors may have existing master agreements with Deloitte. If you have such a master agreement, to the extent the terms of the Agreements contemplated by this RFP are more stringent than those of such master agreement, you must in your proposal either (a) accept the more stringent terms for the purpose of the product or services proposed or (b) identify those terms in the Agreement(s) which are unacceptable to you. As stated above, the selection of the service provider which shall provide the services contemplated by this RFP is in Deloitte’s sole discretion. The provision / failure to provide the information requested in this clause shall be weighed strongly by Deloitte in making such selection. Deloitte reserves the right to include customer required clauses in any final agreement.

1.17 Taxes Subcontractor shall separately list any assumed payment for State and Local taxes in its

proposed price, if any. 1.18 Technical Eligibility Criteria for Offerors Experience working with Ukrainian or regional stakeholder healthcare system(s); Experience developing and implementing post-graduate curriculum or training courses in the

area of public health; and Track record of success with similar international twinning relationships for academics and

training of the public health workforce. 1.19 Language All documents are required in English unless otherwise stated.

1.20 Fee Due to federal regulations for Cooperative Agreements fee is unallowable per 2 CFR 200.

[END OF ATTACHEMENT No. 1]

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Attachment 2:

I. Statement of Work

A. Background and Specific Challenges to be addressed by this Subcontract The Government of Ukraine (GOU) is aiming for a comprehensive health system reform that will improve health system performance and outcomes. One of the key directions of health sector reforms is widely envisioned a reform of the public health system that has been inherited from the Soviet System with numerous parallel entities and structures at the national and regional levels. Parallel vertical systems for TB and HIV combine clinical, laboratory, surveillance, and M&E functions and are not integrated in the larger public health system. Virtually no single entity responsible for PH exists. When moving towards public health development, Ukraine has to train a pool of health professionals. In terms of HRH education, the system should be prepared to address potential need in professionals with comprehensive knowledge and experience who would provide services in line with new models of care. Thus, HIV RiA Project defines its key activity under Objective 3 as the development and implementation of a Post-Graduate Public Health Certificate Program. This subcontract will be awarded under the HIV RiA Project Objective 3 with the focus on optimization and strengthening of human resources for health (HRH) for the delivery and scale-up of gender-sensitive HIV/AIDS services targeting key populations. An HIV RiA Project key activity under Objective 3 is the collaboration with stakeholders such as MoH, WHO and UCDC for the development of a Public Health Certificate Program at a Ukraine’s university. This training program will provide immediate support in the area of Public Health for the reorganized public health system in Ukraine. It will include key HIV topics within the broader public health context. The subcontract will help to develop health cadres with required skills to support an integrated HIV response in Ukraine. Under this subcontract, the HIV RiA Project will collaborate closely with national and regional partners and international agencies to develop a Public Health Certificate Program which would respond to the demands of the reformed public health system. The Certificate Program will also help to build capacity of the selected educational institution to become a TA provider in the area of Human Resources for Health/HIV. B. Objective This subcontract will contribute to the achievement of HIVRIA Objective 3 – Optimize and strengthen human resources for health (HRH) for the delivery and scale-up of gender-sensitive HIV/AIDS services targeting key populations. This subcontract will support the introduction of systemic and operational changes in HRH for provision of sustainable and integrated HIV/AIDS services at the regional and national levels. Under the award, the subcontractor is expected to support a local Ukrainian university, academic or training institution (“local partner”) to achieve the following objectives:

1. Develop Post Graduate-level, Public Health Certificate Curriculum; 2. Develop implementation plan for Public Health Certificate course; 3. Provide support and technical assistance to a local university to implement first round of

Public Health Certificate course.

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In addition, the subcontractor will be expected to:

4. Develop local institutional capacity to implement, institutionalize, and sustain the Public Health Certificate course, including supporting incorporation of the program into University faculty or curricula.

In order to achieve the above objectives, the Offeror will be paired with a local Ukrainian university or

training institution, competitively selected by the HIVRIA project through a subcontract application

process. The deliverables and activities associated with the above objectives are discussed below.

C. Specific Tasks under this Scope of Work (Subcontract)

1. Deliverables The Subcontractor shall use their experience, knowledge of national and international best practices,

and additional understanding gleaned from the background and objectives specified in sections A and

B above to complete and submit the following deliverables by the end of this subcontract, working

closely with the local partner to do so. The deliverables are grouped by subcontract objective:

Planning

Develop Subcontract work plan;

Signed Memorandum of Understanding(s) with partner institution (template to be provided by

HIVRIA project) and other partners if needed.

Develop graduate-level, Public Health Certificate curriculum

Public Health Certificate curriculum requirement document (additional criteria for this

Deliverable provided in the Activities section);

Public Health Certificate curriculum design document (additional criteria for this Deliverable

provided in the Activities section);

Complete Public Health Certificate curriculum (additional criteria for this Deliverable provided

in the Activities section).

Develop implementation plan for Public Health Certificate course

Documented, proposed course implementation plan (additional criteria for this Deliverable

provided in the Activities section).

Support partner institution in implementing of first round of semester of Public Health

Certificate course

Assist in conducting ToT for Ukrainian teachers/ professors that will be involve in delivering

first round of Public Health Certificate Course;

Proposed graduate evaluation approach;

Assist in completing set of Certificate Evaluation surveys (Faculty and Students), and all

related raw data and analysis by Ukrainian partner;

Submit Final report on first round of Public Health Certificate course.

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Develop local institution capacity to implement, institutionalize, and sustain the Public Health

Certificate course

Documented organizational assessment findings Local partner capacity development plan;

Training materials required for local partner faculty and any co-teachers to deliver the first

round of the Public Health Certificate course;

Submit Final report on local partner capacity development.

2. Activities The activities are grouped by subcontract objective. The subcontractor will be expected to work

closely with the local partner to complete the following activities. The activities are grouped by

subcontract objective; those denoted with asterisks are expected to be primary activities of the

subcontractor, while those activities without asterisks are expected to be activities of the local partner

that are supported by and completed in collaboration with the subcontractor:

Planning

Together with HIVRIA advisors and partners, develop and finalize subcontract work plan;

Define roles and responsibilities of all partners involved;

Document roles and responsibilities and understanding of these roles via signed

Memorandum of Understanding(s) with Ukrainian Partner University and with other partners

(template to be provided by HIVRIA project) if needed.

Develop local institution capacity to implement, institutionalize, and sustain the Public Health

Certificate course

Complete a rapid organizational assessment in order to develop a capacity development plan

for the local partner (related to Course implementation) *;

Provide training local partner faculty and any co-teachers to deliver the first round of the

Public Health Certificate course*;

Provide foundational curriculum (pre-existing) to be developed for local context*;

Provide technical assistance during the finalization of curriculum and course materials*;

Provide mentoring and coaching throughout the development of curriculum and delivery of

the course, to include local travel as necessary*;

Develop final report on local partner capacity development*.

Develop graduate-level, Public Health Certificate curriculum

Work with national based Partner and cooperate through it with other national and regional

stakeholders (e.g. MOH, UCDC, regional oblast health administrations) to validate the

proposed skill-set to be developed via the Public Health Certificate and any required

knowledge and document in the Public Health Certificate curriculum requirement document.

This document should include, at minimum:

o List of proposed course(s) and related thematic areas. The course should at

minimum cover the three core functions of public health (assessment, assurance,

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and evaluation) and should ideally highlight other key topic areas and skills (e.g.

epidemiology, biostatistics, health policy, etc.);

o Learning objectives of the course;

o Delivery methods for the course;

o Assess if there is any previously-developed curriculum by the Partner University and

manage how new Developed Public Health Certificate Program will leverage by the

hosting University;

o Note: The initial Certificate should require 140 learning hours.

o Note: The course may be module-based and be spread over the course of a

semester or may be implemented in one sitting of 140 hours

Work with stakeholders to propose the Public Health Certificate curriculum design document;

this document should include, at minimum:

o Course outline, including proposed lessons, activities, student submissions, and

related timelines;

Note: Course content should include application of new knowledge to the

areas of HIV/AIDS and Tuberculosis;

o Proposed student and instructor materials and references;

o Course grading criteria and Evaluation matrix for the course.

Develop, iteratively with the HIVRIA advisors and partners, the complete Public Health

Certificate curriculum; this curriculum should include, at minimum:

o Final versions of all course content in electronic format;

o Final version of any course supporting materials (e.g. instructor manuals, textbooks,

supplementary reading materials, etc.), in electronic format.

Develop implementation plan for Public Health Certificate Program by Ukrainian partner

institution

Document proposed course implementation plan; this design should discuss, at minimum:

o Timeline of first Certificate course;

o Criteria for certificate enrollees, to be developed with international partners and

HIVRIA project;

o Activities and plan for training faculty to deliver Certificate course (ToT);

o Assist Ukrainian University in planning course integration to “host” university or

training institution, including but not limited to:

Recruitment/Announcement of course;

Registration processes and systems;

Payment systems, if applicable;

Post-graduate curriculum (e.g. within which degree-seeking program(s) will

the course live; will the course contribute to credit requirements of an

existing program).

Faculty;

Funding.

o Course evaluation.

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Support partner faculty in implementation of first round of Public Health Certificate course

Train faculty and co-teachers to deliver course;

Assist in development and release set of pre-Certificate Evaluation surveys (Faculty and

Students);

Analyze pre-Certificate evaluation data;

Support local university to deliver course to first Certificate cohort;

Supervise course delivery and document observations throughout life of course;

Synthesize findings and recommendations for future course delivery into final report.

The completion of these activities will contribute to the following expected results in the area of Human Resources for Health (HRH):

Support the introduction of systemic and operational changes in HRH for provision of

sustainable and integrated HIV/AIDS services at the national and regional levels

Strengthen capacity of Ukrainian institutions in HRH policy development and implementation

The completion of these activities will also contribute to the establishment and staffing of public health institutes in Ukraine; as well as to a Ukrainian public health system that is able to respond to public health priority issues related to and beyond HIV.

[END OF ATTACHMENT No. 2]

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Attachment 3:

INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

Technical Instructions:

Technical proposals are limited to 15 pages (Any pages beyond these fifteen will not be given to the evaluators). Technical proposals shall be written in English, single spaced, using Times New Roman font size 12 with each page numbered consecutively. Proposals must be legible and require no magnification.

Required Order of Proposal:

Cover letter (not included in the page limit) Acronyms (not included in the page limit) Table of contents (not included in the page limit) Executive Summary Technical Approach Key Personnel and Proposed Staffing Plan Management Plan Past Performance Budget and Cost Proposal (not included in the page limit)

Annexes:

Resumes/ Curriculum Vitae for Key Personnel (not included in the page limit) Illustrative Monitoring and Evaluation Plan (not included in the page limit) Partner Letters of Commitment (not included in the page limit)

1. Technical Approach The Offeror should articulate clearly how to achieve the stated activities and objectives in this section. The Offeror should demonstrate a clear understanding of the objectives of this program and present a strong approach to addressing them. It is imperative that all activities are inclusive of input and collaboration from the local universities and HIVRIA project. Further, the technical approach should demonstrate a clear understanding of the Ukrainian local context and the health system as it impacts the status of public health education. The technical approach must be presented in a logical, comprehensive, collaborative, and convincing manner to achieve results. Key milestones and timeline for activities should be included. Proposed courses should reflect the Offerors best practices of introducing a new Public Health curriculum, how to engage necessary stakeholders, incorporate local context into curriculum, and implement a sustainable plan that is new to the school, faculty, and students. 2. Key Personnel and Proposed Staffing Plan The HIVRIA project expects this section to include specifics on the composition and organizational structure of the entire activity. All relevant staff members, their roles, expertise and estimated time dedicated to this project should be stated. Key personnel are all individuals whose performance is critical to the success of this project. CVs should not exceed three (3) pages and should be included in the Annex. Key personnel should include the individuals that will serve as main contacts for the HIVRIA project and the Academy and those individuals creating the content of the various courses.

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3. Management Plan This section must describe their management approach along with a clear rationale for the proposed project management and organizational structure. The Offeror should propose a comprehensive management plan to demonstrate how the activities will be developed and managed, including any necessary travel to Ukraine if deemed necessary. The Offeror should reference experiences in implementing similar work. Further, the Offeror should demonstrate an ability to work on politically sensitive issues that requires agreement among many high-level stakeholders. 4. Past Performance Offerors should provide a brief written narrative of at least two significant projects undertaken over the past five years. This narrative must clearly indicate the client, country, major activities, and results of each project. Offerors lacking relevant past performance history will be given a “neutral" past performance rating that neither rewards nor penalizes. Offerors are advised to inform points of contact that they may be contacted by DELOITTE and asked to provide information regarding performance. DELOITTE reserves the right to verify the experience and past performance record of cited projects or other recent projects by reviewing other performance reports, or to interview cited references or other persons knowledgeable of the offeror’s performance on a particular project. DELOITTE may check any or all cited references to verify supplied information and/or to assess reference satisfaction with performance. Offerors will be provided an opportunity to explain circumstances surrounding less than satisfactory performance reports if not previously provided the opportunity. Budget Instructions: 5. Budget and Cost Proposal The cost proposal shall be submitted in a separate volume from the technical proposal. There is no limit on the number of pages in the cost proposal. Provide proposed price and Biographical Data Sheets for Key Personnel. Offerors must also provide a narrative explaining and adequately justifying each element of the proposed price, including any proposed travel. The narrative should be thorough, including sources of costs in order to easily verify work.

a. Budget and Milestone Plan

Please provided a budget in line with the milestones listed below.

Milestone Timeline Amount (USD)

Subcontract work plan 10 working days after

subcontract signing

Signed Memorandum of

Understanding(s) with all academic

partners (template to be provided

by HIVRIA project)

20 working days after

subcontract signing

Public Health Certificate curriculum

requirement document

To be proposed by Offeror

Public Health Certificate curriculum To be proposed by Offeror





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design document

Foundational curriculum (for

tailoring) identified as part of the

Public Health Certificate curriculum

design document


Draft Public Health Certificate

curriculum


Final Public Health Certificate

curriculum


Training materials required for

local partner faculty and any co-

teachers to deliver the first round

of the Public Health Certificate

course


Proposed graduate evaluation

approach

December 5, 2016

Complete set of pre-Certificate

Evaluation surveys (Faculty and

Students), and all related raw data


Complete set of post-Certificate

Evaluation surveys (Faculty and

Students), and all related raw data

December 9, 2016

Final report, including information

on local partner capacity

development (Template to be

provided by project)

December 15, 2016

Documented organizational

assessment findings local partner

capacity development plan


Total Anticipated Cost $

The final budget will be defined based on the Subcontractor’s proposal and budget negotiations and

is subject to availability of funding from USAID.

b. Detailed Budget: Additionally, please provide a detailed line item budget with associated budget narrative for all costs associated with Offeror’s proposal for Deloitte to be able to complete a price analysis for realism, reasonableness, allowability and allocability. A budget template and narrative template are provided for this purpose. V. Evaluation Criteria












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HIV REFORM IN ACTION will evaluate both technical and cost categories to determine whether an application provides the best value. The evaluation criteria will be used as a guide in determining which Applications will present the best value to HIV REFORM IN ACTION and USAID. Each Application will be evaluated against the evaluation criteria set forth below.

Application Evaluation Criteria Points

1. Executive Summary with Stated Objectives 10

2. Technical Approach 40

3. Key Personnel and Proposed Staffing Plan 25

4. Management Plan 10

5. Past Performance 15

7. Budget, Budget Notes and Cost Reasonableness 25

Total points 125

[End of Attachment No. 3]









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Attachment 4: Procurement of services, materials, and supplies for a United States Government contract requires that prime contractors, subcontractors, and suppliers comply with socioeconomic programs enacted into public law, implemented by Executive Order, and promulgated by Federal Regulations. Representations and Certifications must be completed prior to award of any agreement and/or order to your company and must be updated annually.

RFP/ Subcontract Number: Program Name: NAICS Code and Size Standard:

Company Name: Company POC:

Address: Phone:

City, State, Zip Code:

Email:

CAGE Code: Taxpayer Identification Number (TIN):

DUNS Number: Number of Employees (last 12 Months):

Authorized Negotiators:

Name Title Telephone

Business Classification (check one): U.S. Business Entity or Foreign Business Entity Business Size Standards (mark all those that apply): You may review the definition for the following categories in the Federal Acquisition Regulation 19.7. Title 13 CFR 121.410 and 121.411 provide guidance on size standards for the subcontracting program. If you have difficulty in determining your size standard, please call 1-800-U-ASK-SBA or refer to SBA’s website at www.sba.gov. Please check all that apply:

Large Business Historically Black College/University (HBCU)

Small Business Small Disadvantaged Business Woman Owned Small Business Educational Institution Veteran Owned Small Business Non-Profit Service Disabled Veteran Owned Small Business Indian Tribe HUBZone Small Business Alaska Native Corporation (ANC) (see

U.S.C. 1601, et seq.) Certification Regarding Facilities Capital Cost of Money The Subcontractor proposes / does not propose facilities capital cost of money as a proposed cost.








http://www.sba.gov/

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System Approvals Accounting System: Do you have a Government Approved Accounting System? Yes No If yes, Date of Approval: Cognizant Government Audit Agency: Address: Phone: Property System: Do you have a Government Approved Property Management System? Yes No If yes, Date of Approval: Approving Agency: Purchasing System: Do you have a Government Approved Purchasing system? Yes No If yes, Date of Approval: Approving Agency: Time Keeping & Billing:

Is your time keeping system able to adequately account for and allocate labor hours to final cost objectives? Yes No

Is your billing system able to segregate labor hours and materials to invoice based on final cost

objectives? Yes No

CERTIFICATION By signing below, the Offeror certifies, under penalty of law, that the Representations and Certifications are accurate, current, and complete. The Offeror further certifies that it will notify the Deloitte Subcontracts Representative of any changes to these Representations and Certifications. This certification shall apply to all solicitations, agreements; purchase orders or subcontracts received from the Prime Contractor and shall be valid for one year from the date of execution.

Name & Title of Authorized Representative

Signature of Authorized Representative / Date

1. FAR 52.203-2 -- Certificate of Independent Price Determination (Apr 1985)

(a) The offeror certifies that -- (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to -

(i) Those prices; (ii) The intention to submit an offer; or (iii) The methods or factors used to calculate the prices offered.





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(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror 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 submit 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 offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) 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 subparagraphs (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 subparagraphs (a)(1) through (a)(3) of this provision; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. 2. FAR 52.203-11 -- Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (Sep 2007)

(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference it his provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that 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 Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, for each such failure.

3. FAR 52.204-3 -- Taxpayer Identification (Oct 1998)

(a) Definitions: “Common parent,” as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

“Taxpayer Identification Number (TIN),” as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by the IRS. If the resulting contract is subject to the reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(d) Taxpayer Identification Number (TIN).

TIN: . TIN has been applied for. TIN is not required because: Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not

have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

Offeror is an agency or instrumentality of a foreign government; Offeror is an agency or instrumentality of a Federal Government;

(e) Type of organization. Sole proprietorship; Partnership; Corporate entity (not tax-exempt): Corporate entity (tax-exempt): Government entity (Federal, State, or local); Foreign government; International organization per 26 CFR 1.6049-4;

Other . (f) Common Parent.

Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

Name and TIN of common parent:

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Name TIN

4. FAR 52.204-5 -- Women-Owned Business (Other Than Small Business) (Oct 2014)

(a) Definition. “Women-owned business concern,” as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (c)(1) of FAR 52.219-1, Small Business Program Representation.] The offeror represents that it [ ] is a women-owned business concern.

5. FAR 52-204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) Q1. Does the public have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) Yes No If answer to Q1 is “No” proceed to Q2: If your response is “Yes”, the Subcontractor/Offeror is not required to provide any further responses. Q2. Did the Subcontractor/Offeror in its previous tax year record gross income, from all sources, of $300,000 or more? Yes No If your answer to Q2 is “Yes”, proceed to Q3. If your response is “No”, the Subcontractor/Offeror is not required to provide any further responses. Q3. Did the Subcontractor/Offeror, in its preceding fiscal year, receive annual gross revenues, from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements, of $25,000,000 or more? Yes No If your answer to Q3 is “Yes”, proceed to Q4: If your response is “No”, the Subcontractor/Offeror is not required to provide any further responses. Q4. Did the Subcontractor/Offeror, in its preceding fiscal year, receive 80 percent or more in annual gross revenues, from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements? Yes No If your answer to Q4 is “No”, the Subcontractor/Offeror is not required to provide any further responses. If your answer to Q4 is “Yes”, the following certification statement applies to Subcontractor/Offeror The Subcontract hereby certifies that if it receives award(s), as a result of this Solicitation, of $25,000 or more, or as a result of subsequent subcontract modifications that exceed $25,000, that it agrees to comply with reporting requirements of FAR 52.204-10, by reporting to Deloitte the names and total

http://uscode.house.gov/lawrevisioncounsel.shtml

http://uscode.house.gov/lawrevisioncounsel.shtml

http://www.sec.gov/answers/execomp.htm

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compensation of each of its five most highly compensated executives in its preceding completed fiscal year. This information will be reported at award and annually thereafter.

[Enter Subcontractor Name]

[Enter Fiscal Year]

Names of Executives Total Compensation (Per definitions provided at FAR 52.204-10)

1.

2.

3.

4.

5.

Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L.109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L.110-252), requires Prime Contractors to report information on subcontract awards. The law further requires all reported information be made public. Accordingly, Deloitte hereby notifies Subcontractor/Offeror that the information provided above will be made public by the government.

6. FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation.

PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS—REPRESENTATION (DEC 2014)

(a) Definitions. "Inverted domestic corporation” and “subsidiary” have the meaning given in the clause

of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds

for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic

corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance

with the procedures at 9.108-4.

(c) Representation. By submission of its offer, the offeror represents that—

(1) It is not an inverted domestic corporation; and

(2) It is not a subsidiary of an inverted domestic corporation.

7. FAR 52.209-5 -- Certification Regarding Responsibility Matters (Apr 2010) (a) (1) The Offeror certifies, to the best of its knowledge and belief, that --

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

(A) Are / 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









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false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(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; and

(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.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

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(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has / has not , within a three-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 division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Subcontracts Manager 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 the Subcontracts Manager 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 to the Government or Buyer, the Buyer may terminate the contract resulting from this solicitation for default. 8. FAR 52.209-6 -- Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013)

(a) Definition. “Commercially available off-the-shelf (COTS) item,” as used in this clause--

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition in FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4)), such as agricultural products and petroleum products.

(b) The Government suspends or debars Contractors to protect the Government’s interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract in excess of $30,000 with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so.

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(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed $30,000, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government.

(d) A corporate officer or a designee of the Contractor shall notify the Deloitte Buyer or Subcontracts Representative, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the Excluded Parties List System). The notice must include the following:

(1) The name of the subcontractor. (2) The Contractor’s knowledge of the reasons for the subcontractor being in the Excluded Parties List System. (3) The compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion in the Excluded Parties List System. (4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government’s interests when dealing with such subcontractor in view of the specific basis for the party’s debarment, suspension, or proposed debarment.

9. FAR 52.215-6 -- Place of Performance (Oct 1997)

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, intends, does not intend to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.

(b) If the offeror or respondent checks “intends” in paragraph (a) of this provision, it shall insert in the following spaces the required information:

Place of Performance(Street Address, City, State, County, Zip Code)

Name and Address of Owner and Operator of the Plant or Facility if Other Than Offeror or

Respondent

10. FAR 52.219-1 -- Small Business Program Representations (Apr 2012) (a) Definitions. As used in this provision-- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program. “Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--



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(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision. “Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Veteran-owned small business concern” means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more

veterans. “Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)

(1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].

(2) The small business size standard is [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

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(c) Representations.

(1) The offeror represents as part of its offer that it is, is not a small business concern.

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it is,

is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it is, is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer that—

(i) It is, is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that--

(i) It is, is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it is, is not a veteran-owned small business concern.

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(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of this provision.] The offeror represents as part of its offer that is

is, is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that –

(i) It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall --

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

(End of Provision)

Alternate I (May 2014) (9) [Complete if offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.] The offeror shall check the category in which its ownership falls:

Black American.

Hispanic American.

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Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

Individual/concern, other than one of the preceding.

12. FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015)

(a) Definitions. As used in this clause--

“Gender identity” has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html .

“Segregated facilities” means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between sexes.

“Sexual orientation” has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html .

(b) The contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in the contract.

(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract.

13. FAR 52.222-22 -- Previous Contracts and Compliance Reports (Feb 1999)

The offeror represents that --

(a) It has/ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; (b) It has/ has not filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html


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14. FAR 52.222-25 -- Affirmative Action Compliance (Apr 1984)

The offeror represents that --

(a) It has developed and has on file/ has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or (b) It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. 15. FAR 52.222-26 –-Equal Opportunity (Apr 2015) (a) Definitions. As used in this clause-- “Gender identity” has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html . “Sexual orientation” has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html . “United States” means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b) (1) If, during any 12-month period (including the 12 months preceding the award of this

contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor’s activities (41 CFR 60-1.5).

(c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to --

(i) Employment; (ii) Upgrading; (iii) Demotion; (v) Transfer; (v) Recruitment or recruitment advertising; (vi) Layoff or termination; (vii) Rates of pay or other forms of compensation; and (viii) Selection for training, including apprenticeship.

(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for



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employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (5) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers’ representative of the Contractor’s commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (6) The Contractor shall comply with Executive Order 11246, as amended, and the rules,

regulations, and orders of the Secretary of Labor. (7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms. (8) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the (OFCCP) for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order. (9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, in the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. (10) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (11) The Contractor shall take such action with respect to any subcontract or purchase order as the contracting officer may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. 16. Veterans 41CFR 60-300 (VEVRAA) Veterans Equal Opportunity (Mar 24, 2014) -- Applicable threshold is $100,000 or more The offeror represents that it is in agreement with the subject regulation and shall abide by the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors

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to employ and advance in employment qualified protected veterans.” (Ref: www.dol.gov.ofccp/regs/compliance/vevraa.htm) 17. Individuals with Disabilities (IWD) 41 CFR 60-741 (section 503) (Mar 24, 2014) – Applicable threshold is $10,000 or more The offeror represents that it is in agreement with the subject regulation and shall abide by the requirements of 41 CFR 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities. (Ref: www.dol.gov/ofccp/regs/compliance/section503.htm) 18. Obligation of Federal Contractors and Subcontractors, Notification of Employee Rights under Federal Labor Laws 41 CFR 471, Appendix A to SubPart A - During the term of this contract, the Contractor agrees to post a notice, of such size and in such form, and containing such content as the Secretary of Labor shall prescribe, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically. 19. FAR 52.222-38 -- Compliance With Veterans’ Employment Reporting Requirements (Sep 2010) By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Veterans), it has submitted the most recent VETS-100A Report required by that clause.

20. FAR 52.222-52 -- Exemption From Application Of The Service Contract Act To Contracts For Certain Services--Certification (May 2014)

(a) The offeror shall check the following certification:

The offeror does/ does not certify that—

(1) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (2) The contract services are furnished at prices that are, or are based on, established catalog or market prices. An “established catalog price” is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. An “established market price” is a current price, established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; (3) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

http://www.dol.gov.ofccp/regs/compliance/vevraa.htm

http://www.dol.gov/ofccp/regs/compliance/section503.htm

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(4) The offeror uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the offeror uses for these employees and for equivalent employees servicing commercial customers.

(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(d)(3) that the Service Contract Act—

(1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or (2) Will apply to this offeror, then the clause at FAR 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements, in this solicitation will not be included in any resultant contract awarded to this offer, and the offeror may be provided an opportunity to submit a new offer on that basis.

(c) If the offeror does not certify to the conditions in paragraph (a) of this provision—

(1) The clause of this solicitation at 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements, will not be included in any resultant contract to this offeror; and (2) The offeror shall notify the Contracting Officer as soon as possible if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation.

(d) The Buyer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Buyer as required in paragraph (c) of this provision.

21. FAR 52.225-2 -- Buy American Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American - Supplies.”

(b) Foreign End Products:

Line Item No.: Country of Origin:

[List as necessary]

(c) The Buyer will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation.

22. FAR 52.225-4 --Buy American -- Free Trade Agreements--Israeli Trade Act Certificate (May 2014)



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(a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.”

(b) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American -- Free Trade Agreements--Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian or Peruvian End Products) or Israeli End Products:


[List as necessary]

(c) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled “Buy American --Free Trade Agreement--Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:


[List as necessary]

(d) The Buyer will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. 23. FAR 52.225-6 -- Trade Agreements Certificate (May 2014) (a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.” (b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products. Other End Products

Line Item No. Country of Origin:





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[List as necessary]

(c) The Buyer will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Buyer will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Buyer will consider for award only offers of U.S.-made or designated country end products unless the Buyer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

24. FAR 52.225-18 – Place of Manufacture (Mar 2015)

(a) Definitions. As used in this clause—

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) Outside the United States.

25. FAR 52.225-20 – Prohibition on Conducting Restricted Business Operations in Sudan--Certification (Aug 2009)

(a) Definitions. As used in this provision—

“Business operations” means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

“Marginalized populations of Sudan” means—



34

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and (2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended.

(b) Certification. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.

26. FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran—Representation and Certifications.

PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS

RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS (DEC 2012)

(a) Definitions. As used in this provision—

“Person”—

(1) Means—

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution,

insurer, underwriter, guarantor, and any other business organization, any other

nongovernmental entity, organization, or group, and any governmental entity operating as

a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business

enterprise.

“Sensitive technology”—

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(1) Means hardware, software, telecommunications equipment, or any other technology that is

to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President

does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) The offeror shall e-mail questions concerning sensitive technology to the Department of State at

[email protected].

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance

with 25.703-4, by submission of its offer, the offeror—

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and (3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the

certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if—

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and (2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

27. FAR 52.226-2 -- Historically Black College or University and Minority Institution Representation (Oct 2014)

(a) Definitions. As used in this provision --

“Historically Black College or University” means an institution determined by the Secretary of Education to meet the requirements of 34 CFR 608.2.

“Minority Institution” means an institution of higher education meeting the requirements of Section 365(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k, including a Hispanic-

http://uscode.house.gov/

https://www.acquisition.gov/far/current/html/Subpart%2025_7.html#wp1077997

http://www.treasury.gov/ofac/downloads/t11sdn.pdf

https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169071




36

serving institution of higher education, as defined in Section 502(a) of the Act (20 U.S.C. 1101a).

(b) Representation. The offeror represents that it --

is/ is not a historically black college or university; is/ is not a minority institution.

28. FAR 52.227-6 --Royalty Information (Apr 1984)

(a) Cost or charges for royalties. When the response to this solicitation contains costs or charges for royalties totaling more than $250, the following information shall be included in the response relating to each separate item of royalty or license fee:

(1) Name and address of licensor. (2) Date of license agreement. (3) Patent numbers, patent application serial numbers, or other basis on which the royalty is payable. (4) Brief description, including any part or model numbers of each contract item or component on which the royalty is payable. (5) Percentage or dollar rate of royalty per unit. (6) Unit price of contract item. (7) Number of units. (8) Total dollar amount of royalties.

(b) Copies of current licenses. In addition, if specifically requested by the Contracting Officer before execution of the subcontract, the offeror shall furnish a copy of the current license agreement and an identification of applicable claims of specific patents. 29. FAR 52.227-15 -- Representation of Limited Rights Data and Restricted Computer Software (Dec 2007)

(a) This solicitation sets forth the Government’s known delivery requirements for data (as defined in the clause at 52.227-14, Rights in Data--General). Any resulting contract may also provide the Government the option to order additional data under the Additional Data Requirements clause at 52.227-16, if included in the contract. Any data delivered under the resulting contract will be subject to the Rights in Data--General clause at 52.227-14 included in this contract. Under the latter clause, a Contractor may withhold from delivery data that qualify as limited rights data or restricted computer software, and deliver form, fit, and function data instead. The latter clause also may be used with its Alternates II and/or III to obtain delivery of limited rights data or restricted computer software, marked with limited rights or restricted rights notices, as appropriate. In addition, use of Alternate V with this latter clause provides the Government the right to inspect such data at the Contractor’s facility.

(b) By completing the remainder of this paragraph, the offeror represents that it has reviewed the requirements for the delivery of technical data or computer software and states [offeror check appropriate block]—

(1) None of the data proposed for fulfilling the data delivery requirements qualifies as limited rights data or restricted computer software; or

(2) Data proposed for fulfilling the data delivery requirements qualify as limited rights data or restricted computer software and are identified as follows:

_______________________ _____________________________

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(c) Any identification of limited rights data or restricted computer software in the offeror's response is not determinative of the status of the data should a contract be awarded to the offeror.

30. FAR 52.230-1 -- Cost Accounting Standards Notices and Certification (May 2012) ($700,000.00 and above)

Note: This notice does not apply to small businesses or foreign governments. Offeror certifies exempt from completing this certification because:

Certified as Small Business at FAR 52.219-1 above. Solicitation specifically states it is for the purchase of commercial item Offeror is a foreign government

This notice is in three parts, identified by Roman numerals I through III.

Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract. If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.

I. Disclosure Statement -- Cost Accounting Practices and Certification

(a) Any contract in excess of $700,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1.

(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror’s proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision.

Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.

(c) Check the appropriate box below:

(1) Certificate of Concurrent Submission of Disclosure Statement.

The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows:

(i) Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable; and

(ii) One copy to the cognizant Federal auditor.

(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.)

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Date of Disclosure Statement: Name and Address of Cognizant ACO or Federal Official Where Filed: , The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement.

(2) Certificate of Previously Submitted Disclosure Statement.

The offeror hereby certifies that the required Disclosure Statement was filed as follows:

Date of Disclosure Statement: Name and Address of Cognizant ACO or Federal Official Where Filed: The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement.

(3) Certificate of Monetary Exemption.

The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

(4) Certificate of Interim Exemption.

The offeror hereby certifies that

(i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and

(ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement.

Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.

(5) Certificate of Disclosure Statement Due Date by Educational Institution

If the offeror is an educational institution that, under transition provisions of 48 CFR 9903.202-l(f), is or will be required to submit a Disclosure Statement after receipt of this award, the offeror hereby certifies (check one and complete)

(i) A Disclosure Statement Filing Due Date of has been established with the cognizant Federal agency.

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(ii) The Disclosure Statement will be submitted within the 6-month period ending months after receipt of this award.

Date of Disclosure Statement: Name of Cognizant ACO or Federal official Where Filed:

Address of Cognizant ACO or Federal official Where Filed:

II. Cost Accounting Standards -- Eligibility for Modified Contract Coverage

If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.

The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

Caution: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more.

III. Additional Cost Accounting Standards Applicable to Existing Contracts

The offeror shall indicate below whether award of the contemplated contract would, in accordance with subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts.

yes no

31. FAR 52-203-13 Contractor Code of Business Ethics and Conduct (April 2010) ($5,000,000.00 and above)

(a) Paragraphs (a) (1) through (a) (4) apply to all offerors:

(1) The offeror hereby certifies that it has has not established a written code of business ethics and conduct.

(2) If the offeror indicated in (a)(1) that it has not established a written code of business ethics and conduct, the offeror will will not have established a written code of business ethics and conduct within 30 days after contract award, unless the Deloitte Subcontracts Administrator establishes a longer time period.

(3) The offeror hereby certifies that it has has not made a copy of its code of business ethics and conduct available to each employee to be engaged in performance of the contract.

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(4) If the offeror indicated in (a) (3) that it has not made a copy of the code available to each employee to be engaged in performance of the contract, the offeror, by executing any contract resulting from this solicitation, agrees to furnish a copy of the code to all such employees within 30 days after contract award.

(b) Paragraphs (b)(1) and (b)(2) do not apply if the offeror has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101.

(1) The offeror hereby certifies that it has has not established an ongoing business ethics awareness and compliance program consistent with the requirements of FAR 52.203-13.

(2) If the offeror indicated in (b) (1) that it has not established ongoing business ethics awareness and compliance program, the offeror by executing any contract resulting from this solicitation understands that it must establish an ongoing business ethics awareness and compliance program within 90 days after contract award, unless the Deloitte Subcontracts Administrator establishes a longer time period.

[End of Attachment No. 4]]

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Attachment 5:

Certifications, Assurances, Other Statements of the Recipient and Solicitation Standard Provisions

NOTE: When these Certifications, Assurances, and Other Statements of Recipient are used for cooperative agreements, the term “Grant” means “Cooperative Agreement.”

Part I – Certifications and Assurances

1. Assurance of Compliance with Laws and Regulations Governing Non- Discrimination in Federally Assisted Programs

Note: This certification applies to Non-U.S. organizations if any part of the program will be undertaken in the United States.

(a) The recipient hereby assures that no person in the United States will, on the bases set forth below, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under, any program or activity receiving financial assistance from USAID, and that with respect to the Cooperative Agreement for which application is being made, it will comply with the requirements of:

(1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352, 42 U.S.C. 2000- d), which

prohibits discrimination on the basis of race, color or national origin, in programs and activities receiving Federal financial assistance;

(2) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits

discrimination on the basis of handicap in programs and activities receiving Federal financial assistance;

(3) The Age Discrimination Act of 1975, as amended (Pub. L. 95-478), which

prohibits discrimination based on age in the delivery of services and benefits supported with Federal funds;

(4) Title IX of the Education Amendments of 1972 (20 U.S.C. 1681, et seq.), which prohibits

discrimination on the basis of sex in education programs and activities receiving Federal financial assistance (whether or not the programs or activities are offered or sponsored by an educational institution); and

(5) USAID regulations implementing the above nondiscrimination laws, set forth in

Chapter II of Title 22 of the Code of Federal Regulations.

(b) If the recipient is an institution of higher education, the Assurances given herein extend to admission practices and to all other practices relating to the treatment of students or clients of the institution, or relating to the opportunity to

42

participate in the provision of services or other benefits to such individuals, and must be applicable to the entire institution unless the recipient establishes to the satisfaction of the USAID Administrator that the institution's practices in designated parts or programs of the institution will in no way affect its practices in the program of the institution for which financial assistance is sought, or the beneficiaries of, or participants in, such programs.

2. Certification Regarding Lobbying

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Cooperative Agreement, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than 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 Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned must complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions.

(3) The undersigned must require that the language of this certification be included in the award documents for all subawards at all tiers (including contracts, subawards, and contracts under grants, loans, and cooperative agreements) and that all subrecipients must certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, United States Code. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. A. Statement for Loan Guarantees and Loan Insurance “The undersigned states, to the best of his or her knowledge and belief, that: If any 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 Congress, an officer or employee of Congress, or an employee of a Member of

43

Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned must complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.”

3. Prohibition on Assistance to Drug Traffickers for Covered Countries and Individuals (ADS 206)

USAID reserves the right to terminate this Agreement, to demand a refund or take other appropriate measures if the Grantee is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking as defined in 22 CFR Part 140. The undersigned must review USAID ADS 206 to determine if any certifications are required for Key Individuals or Covered Participants. If there are COVERED PARTICIPANTS: USAID reserves the right to terminate assistance to or take other appropriate measures with respect to, any participant approved by USAID who is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking as defined in 22 CFR Part 140.

4. Certification Regarding Terrorist Financing, Implementing Executive Order 13224 By signing and submitting this application, the prospective recipient provides the certification set out below: 1. The Recipient, to the best of its current knowledge, did not provide, within the previous ten years, and will take all reasonable steps to ensure that it does not and will not knowingly provide, material support or resources to any individual or entity that commits, attempts to commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to commit, facilitated, or participated in terrorist acts, as that term is defined in paragraph 3. The Certification in the preceding sentence will not be deemed applicable to material support or resources provided by the Recipient pursuant to an authorization contained in one or more applicable licenses issued by the U.S. Treasury’s Office of Foreign Assets Control (OFAC).

2. The following steps may enable the Recipient to comply with its obligations under paragraph 1:

a. Before providing any material support or resources to an individual or entity, the Recipient will verify that the individual or entity does not (i) appear on the master list of Specially Designated Nationals and

http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx

44

Blocked Persons, which is maintained by OFAC, or (ii) is not included in any supplementary information concerning prohibited individuals or entities that may be provided by USAID to the Recipient.

b. Before providing any material support or resources to an individual or entity, the Recipient also will verify that the individual or entity has not been designated by the United Nations Security (UNSC) sanctions committee established under UNSC Resolution 1267 (1999) (the “1267 Committee”) [individuals and entities linked to the Taliban, Usama bin Laden, or the Al-Qaida Organization]. To determine whether there has been a published designation of an individual or entity by the 1267 Committee, the Recipient should refer to the consolidated list available online at the Committee’s Web site: http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm.

c. Before providing any material support or resources to an individual or entity, the Recipient will consider all information about that individual or entity of which it is aware and all public information that is reasonably available to it or of which it should be aware.

d. The Recipient also will implement reasonable monitoring and oversight procedures to safeguard against assistance being diverted to support terrorist activity.

3. For purposes of this Certification -

a. “Material support and resources” means currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.”

b. “Terrorist act” means -

(i) ) an act prohibited pursuant to one of the 12 United Nations Conventions and Protocols related to terrorism (see UN terrorism conventions Internet site: http://untreaty.un.org/English/Terrorism.asp); or

(ii) “Expert advice or assistance" means advice or assistance derived from scientific, technical, or other specialized knowledge.

(i) “Training" means instruction or teaching designed to impart a specific skill, as opposed to general knowledge.



http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx

http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm

http://untreaty.un.org/English/Terrorism.asp)%3B

45

(ii) an act of premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents; or

(iii) ny other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act.

c. “Entity” means a partnership, association, corporation, or other organization, group or subgroup.

d. References in this Certification to the provision of material support and resources must not be deemed to include the furnishing of USAID funds or USAID-financed commodities to the ultimate beneficiaries of USAID assistance, such as recipients of food, medical care, micro-enterprise loans, shelter, etc., unless the Recipient has reason to believe that one or more of these beneficiaries commits, attempts to commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to commit, facilitated or participated in terrorist acts.

e. The Recipient’s obligations under paragraph 1 are not applicable to the procurement of goods and/or services by the Recipient that are acquired in the ordinary course of business through contract or purchase, e.g., utilities, rents, office supplies, gasoline, etc., unless the Recipient has reason to believe that a vendor or supplier of such goods and services commits, attempts to commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to commit, facilitated or participated in terrorist acts.

This Certification is an express term and condition of any agreement issued as a result of this application, and any violation of it will be grounds for unilateral termination of the agreement by USAID prior to the end of its term.

By signing below, the applicant or recipient, as applicable, through its duly designated representative, after having conducted due diligence, hereby certifies that:

Note: This certification must be completed prior to receiving an award with an estimated value that exceeds $500,000, and must be submitted to the Agreement Officer annually during the term of the award.

5. Certification Regarding Trafficking in Persons, Implementing Title XVII of the National Defense Authorization Act for Fiscal Year 2013




46

B. 6. Certification of Recipient

By signing below the recipient provides certifications and assurances for (1) the Assurance of Compliance with Laws and Regulations Governing Non- Discrimination in Federally Assisted Programs, (2) the Certification Regarding Lobbying, (3) the Prohibition on Assistance to Drug Traffickers for Covered Countries and Individuals (ADS 206), (4) the Certification Regarding Terrorist Financing Implementing Executive Order 13224, and (5) the Certification Regarding Trafficking in Persons above. These certifications and assurances are given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts, or other Federal financial assistance extended after the date hereof to the recipient by the Agency, including installment payments after such date on account of applications for Federal financial assistance which was approved before such date. The recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in these assurances, and that the United States will have the right to seek judicial enforcement of these assurances. These assurances are binding on the recipient, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign these assurances on behalf of the recipient. Request for Application or Annual Program Statement No.

Application No.

Date of Application

Name of Recipient

3. To the best of the representative’s knowledge, neither the applicant/recipient, nor any employee, contractor, or subawardee of the applicant/recipient, nor any agent of the applicant/recipient or of such a contractor or subawardee, is engaged in any of the activities described in section (a) the Mandatory Provision “Trafficking in Persons.”

2. The application/recipient has implemented procedures to prevent any activities described in section (a) of the Mandatory Provision “Trafficking in Persons” and to monitor, detect, and terminate any contractor, subawardee, employee, or other agent of the applicant/recipient engaging in any activities described in such section; and

1. The applicant/recipient has implemented a compliance plan to prevent the prohibited activities identified in section (a) of the Mandatory Provision “Trafficking in Persons” and is in compliance with that plan;




47

Typed Name and Title

Signature

Date

48

Part II – Key Individual Certification Narcotics Offenses and Drug Trafficking I hereby certify that within the last ten years: 1. I have not been convicted of a violation of, or a conspiracy to violate, any law or regulation of the United States or any other country concerning narcotic or psychotropic drugs or other controlled substances.

2. I am not and have not been an illicit trafficker in any such drug or controlled substance.

3. I am not and have not been a knowing assistor, abettor, conspirator, or colluder with others in the illicit trafficking in any such drug or substance.

Signature:

Date:

Name:

Title/Position:

Organization:

Address:

Date of Birth:

NOTICE: 1. You are required to sign this Certification under the provisions of 22 CFR Part 140, Prohibition on Assistance to Drug Traffickers. These regulations were issued by the Department of State and require that certain key individuals of organizations must sign this Certification.

2. If you make a false Certification you are subject to U.S. criminal prosecution under 18 U.S.C. 1001.

49

Part III – Participant Certification Narcotics Offenses and Drug Trafficking 1. I hereby certify that within the last ten years:

a. I have not been convicted of a violation of, or a conspiracy to violate, any law or regulation

of the United States or any other country concerning narcotic or psychotropic drugs or other controlled substances.

b. I am not and have not been an illicit trafficker in any such drug or controlled substance.

c. I am not or have not been a knowing assistor, abettor, conspirator, or colluder with

others in the illicit trafficking in any such drug or substance. 2. I understand that USAID may terminate my training if it is determined that I engaged in the above conduct during the last ten years or during my USAID training.

Signature:

Name:

Date:

Address:

Date of Birth:

NOTICE: 1. You are required to sign this Certification under the provisions of 22 CFR Part 140, Prohibition on Assistance to Drug Traffickers. These regulations were issued by the Department of State and require that certain participants must sign this Certification.

2. If you make a false Certification you are subject to U.S. criminal prosecution under 18 U.S.C. 1001.

50

Part IV – Other Statements of Recipient 1. Authorized Individuals

The recipient represents that the following persons are authorized to negotiate on its behalf with the Government and to bind the recipient in connection with this application or grant:

Name Title Telephone No. Facsimile No.

2. Taxpayer Identification Number (TIN)

If the recipient is a U.S. organization, or a foreign organization which has income effectively connected with the conduct of activities in the U.S. or has an office or a place of business or a fiscal paying agent in the U.S., please indicate the recipient’s TIN:

TIN:

3. Data Universal Numbering System (DUNS) Number (a) Unless otherwise specified in the solicitation using an applicable exemption, in the space provided at the end of this provision, the recipient should supply the Data Universal Numbering System (DUNS) number applicable to that name and address. Recipients should take care to report the number that identifies the recipient's name and address exactly as stated in the proposal.

(b) The DUNS is a 9-digit number assigned by Dun and Bradstreet Information Services. If the recipient does not have a DUNS number, the recipient should call Dun and Bradstreet directly at 1-800-333-0505. A DUNS number will be provided immediately by telephone at no charge to the recipient. The recipient should be prepared to provide the following information:

(1) Recipient’s name. (2) Recipient’s address. (3) Recipient's telephone number.

51

(4) Line of business. (5) Chief executive officer/key manager. (6) Date the organization was started. (7) Number of people employed by the recipient. (8) Company affiliation.

(c) Recipients located outside the United States may email Dun and Bradstreet at [email protected] to obtain the location and phone number of the local Dun and Bradstreet Information Services office.

The DUNS system is distinct from the Federal Taxpayer Identification Number (TIN) system. DUNS:

4. Letter of Credit (LOC) Number If the recipient has an existing Letter of Credit (LOC) with USAID, please indicate the LOC number: LOC:

mailto:[email protected]

52

5. Procurement Information (a) Applicability. This applies to the procurement of goods and services planned by the recipient (i.e., contracts, purchase orders, etc.) from a supplier of goods or services for the direct use or benefit of the recipient in conducting the program supported by the grant, and not to assistance provided by the recipient (i.e., a subgrant or subagreement) to a subgrantee or subrecipient in support of the subgrantee’s or subrecipient's program. Provision by the recipient of the requested information does not, in and of itself, constitute USAID approval.

(b) Amount of Procurement. Please indicate the total estimated dollar amount of goods and services which the recipient plans to purchase under the grant:

$

(c) Nonexpendable Property. If the recipient plans to purchase nonexpendable equipment which would require the approval of the Agreement Officer, indicate below (using a continuation page, as necessary) the types, quantities of each, and estimated unit costs. Nonexpendable equipment for which the Agreement Officer's approval to purchase is required is any article of nonexpendable tangible personal property charged directly to the grant, having a useful life of more than one year and an acquisition cost of $5,000 or more per unit.

TYPE/DESCRIPTION (Generic) QUANTITY ESTIMATED UNIT COST

(d) Source If the recipient plans to purchase any goods/commodities which are not in accordance with the Standard Provision “USAID Eligibility Rules for Procurement of Commodities and Services,” indicate below (using a continuation page, as necessary) the types and quantities of each, estimated unit costs of each, and probable source. “Source” means the country from which a commodity is shipped to the cooperating country or the cooperating country itself if the commodity is located in the cooperating country at the time of purchase. However, where a commodity is shipped from a free port or bonded warehouse in the form in which received, “source” means the country from which the commodity was shipped to the free port or bonded warehouse. Additionally, “available for purchase” includes “offered for sale at the time of purchase” if the commodity is listed in a vendor’s catalog or other statement of inventory, kept as part of the vendor’s customary business practices and regularly offered for sale, even if the commodities are not physically on the vendors’ shelves or even in the source country at the time of the order. In such cases, the recipient must document that the commodity was listed in the vendor’s catalog or other statement of inventory; that the vendor has a regular and customary business practice of selling the commodity through “just in time” or other similar inventory

53

practices; and the recipient did not engage the vendor to list the commodity in its catalog or other statement of inventory just to fulfill the recipient’s request for the commodity. TYPE/DESCRIPTION QUANTITY ESTIMATED GOODS PROBABLE GOODS PROBABLE (Generic) UNIT COST SOURCE

(e) Restricted Goods. If the recipient plans to purchase any restricted goods, indicate below (using a continuation page, as necessary) the types and quantities of each, estimated unit costs of each, intended use, and probable source. Restricted goods are Agricultural Commodities, Motor Vehicles, Pharmaceuticals, Pesticides, Used Equipment, U.S. Government-Owned Excess Property , and Fertilizer.

TYPE/DESCRIPTION QUANTITY ESTIMATED PROBABLE INTENDED USE (Generic) UNIT COST SOURCE

(f) Supplier Nationality. If the recipient plans to purchase any goods or services from suppliers of goods and services whose nationality is not in accordance with the Standard Provision “USAID Eligibility Rules for Procurement of Commodities and Services,” indicate below (using a continuation page, as necessary) the types and quantities of each good or service, estimated costs of each, probable nationality of each non-U.S. supplier of each good or service, and the rationale for purchasing from a non-U.S. supplier.

TYPE/DESCRIPTION QUANTITY ESTIMATED PROBABLE SUPPLIER NATIONALITY RATIONALE (Generic) UNIT COST (Non-US Only) FOR NON-US

54

6. Past Performance References On a continuation page, please provide past performance information requested in the RFA. 7. Type of Organization

The recipient, by checking the applicable box, represents that - (a) If the recipient is a U.S. entity, it operates as [ ] a corporation incorporated under the laws of the State of, [ ] an individual, [ ] a partnership, [ ] a nongovernmental nonprofit organization, [ ] a state or local governmental organization, [ ] a private college or university, [ ] a public college or university, [ ] an international organization, or [ ] a joint venture; or

(b) If the recipient is a non-U.S. entity, it operates as [ ] a corporation organized under the laws of (country), [ ] an individual, [ ] a partnership, [ ] a nongovernmental nonprofit organization, [ ] a nongovernmental educational institution, [ ] a governmental organization, [ ] an international organization, or [ ] a joint venture.

8. Estimated Costs of Communications Products

The following are the estimate(s) of the cost of each separate communications product (i.e., any printed material [other than non-color photocopy material], photographic services, or video production services) which is anticipated under the grant. Each estimate must include all the costs associated with preparation and execution of the product. Use a continuation page as necessary.

Part V – Standard Provisions for Solicitations 1. Branding Strategy – Assistance (June 2012)

a. Applicants recommended for an assistance award must submit and negotiate a

"Branding Strategy," describing how the program, project, or activity is named and positioned, and how it is promoted and communicated to beneficiaries and host country citizens.

b. The request for a Branding Strategy, by the Agreement Officer from the applicant,

confers no rights to the applicant and constitutes no USAID commitment to an award.

55

c. Failure to submit and negotiate a Branding Strategy within the time frame specified by the Agreement Officer will make the applicant ineligible for an award.

d. The applicant must include all estimated costs associated with branding and marking

USAID programs, such as plaques, stickers, banners, press events, materials, and so forth, in the budget portion of the application. These costs are subject to the revision and negotiation with the Agreement Officer and will be incorporated into the Total Estimated Amount of the grant, cooperative agreement or other assistance instrument.

e. The Branding Strategy must include, at a minimum, all of the following:

(1) All estimated costs associated with branding and marking USAID programs,

such as plaques, stickers, banners, press events, materials, and so forth.

(2) The intended name of the program, project, or activity.

(i) USAID requires the applicant to use the “USAID Identity,” comprised of the USAID logo and brandmark, with the tagline “from the American people” as found on the USAID Web site at http://www.usaid.gov/branding, unless Section VI of the RFA or APS states that the USAID Administrator has approved the use of an additional or substitute logo, seal, or tagline.

(ii) USAID prefers local language translations of the phrase “made

possible by (or with) the generous support of the American People” next to the USAID Identity when acknowledging contributions.

(iii) It is acceptable to cobrand the title with the USAID Identity and the

applicant's identity.

(iv) If branding in the above manner is inappropriate or not possible,

the applicant must explain how USAID's involvement will be showcased during publicity for the program or project.

(v) USAID prefers to fund projects that do not have a separate logo or

identity that competes with the USAID Identity. If there is a plan to develop a separate logo to consistently identify this program, the applicant must attach a copy of the proposed logos. Section VI of the RFA or APS will state if an Administrator approved the use of an additional or substitute

http://www.usaid.gov/branding

56

logo, seal, or tagline.

(3) The intended primary and secondary audiences for this project or program, including direct beneficiaries and any special target segments.

(4) Planned communication or program materials used to explain or market the

program to beneficiaries.

(i) Describe the main program message.

(ii) Provide plans for training materials, posters, pamphlets, public service announcement, billboards, Web sites, and so forth, as appropriate.

(iii) Provide any plans to announce and promote publicly this program or

project to host country citizens, such as media releases, press conferences, public events, and so forth. Applicant must incorporate the USAID Identity and the message, “USAID is from the American People.”

(iv) Provide any additional ideas to increase awareness that the American

people support this project or program.

(5) Information on any direct involvement from host-country government or ministry, including any planned acknowledgement of the host-country government.

(6) Any other groups whose logo or identity the applicant will use on program

materials and related materials. Indicate if they are a donor or why they will be visibly acknowledged, and if they will receive the same prominence as USAID.

e. The Agreement Officer will review the Branding Strategy to ensure the above

information is adequately included and consistent with the stated objectives of the award, the applicant's cost data submissions, and the performance plan.

f. If the applicant receives an assistance award, the Branding Strategy will be included in

and made part of the resulting grant or cooperative agreement

(END OF PROVISION) 2. Marking Plan – Assistance (June 2012)

a. Applicants recommended for an assistance award must submit and

57

negotiate a “Marking Plan,” detailing the public communications, commodities, and program materials, and other items that will visibly bear the “USAID Identity,” which comprises of the USAID logo and brandmark, with the tagline “from the American people.” The USAID Identity is the official marking for the Agency, and is found on the USAID Web site at http://www.usaid.gov/branding. Section VI of the RFA or APS will state if an Administrator approved the use of an additional or substitute logo, seal, or tagline.

b. The request for a Marking Plan, by the Agreement Officer from the applicant, confers

no rights to the applicant and constitutes no USAID commitment to an award. c. Failure to submit and negotiate a Marking Plan within the time frame specified by the

Agreement Officer will make the applicant ineligible for an award. d. The applicant must include all estimated costs associated with branding and marking

USAID programs, such as plaques, stickers, banners, press events, materials, and so forth, in the budget portion of the application. These costs are subject to the revision and negotiation with the Agreement Officer and will be incorporated into the Total Estimated Amount of the grant, cooperative agreement or other assistance instrument.

e. The Marking Plan must include all of the following:

(1) A description of the public communications, commodities, and program

materials that the applicant plans to produce and which will bear the USAID Identity as part of the award, including:

(i) Program, project, or activity sites funded by USAID, including visible

infrastructure projects or other sites physical in nature;

(ii) Technical assistance, studies, reports, papers, publications, audio-visual productions, public service announcements, Web sites/Internet activities, promotional, informational, media, or communications products funded by USAID;

(iii) Commodities, equipment, supplies, and other materials funded by

USAID, including commodities or equipment provided under humanitarian assistance or disaster relief programs; and

(iv) It is acceptable to cobrand the title with the USAID Identity

http://www.usaid.gov/branding

58

and the applicant's identity.

(v) Events financed by USAID, such as training courses, conferences, seminars, exhibitions, fairs, workshops, press conferences and other public activities. If the USAID Identity cannot be displayed, the recipient is encouraged to otherwise acknowledge USAID and the support of the American people.

(2) A table on the program deliverables with the following details:

(i) The program deliverables that the applicant plans to mark with the

USAID Identity;

(ii) The type of marking and what materials the applicant will use to mark the program deliverables;

(iii) When in the performance period the applicant will mark the program

deliverables, and where the applicant will place the marking;

(iv) What program deliverables the applicant does not plan to mark with the USAID Identity , and

(v) The rationale for not marking program deliverables.

(3) Any requests for an exemption from USAID marking requirements, and an

explanation of why the exemption would apply. The applicant may request an exemption if USAID marking requirements would:

(i) Compromise the intrinsic independence or neutrality of a program or

materials where independence or neutrality is an inherent aspect of the program and materials. The applicant must identify the USAID Development Objective, Interim Result, or program goal furthered by an appearance of neutrality, or state why an aspect of the award is presumptively neutral. Identify by category or deliverable item, examples of material for which an exemption is sought.

(ii) Diminish the credibility of audits, reports, analyses, studies, or policy

recommendations whose data or findings must be seen as independent. The applicant must explain why each particular deliverable must be seen as credible.

(iii) Undercut host-country government “ownership” of

59

constitutions, laws, regulations, policies, studies, assessments, reports, publications, surveys or audits, public service announcements, or other communications. The applicant must explain why each particular item or product is better positioned as host-country government item or product.

(iv) Impair the functionality of an item. The applicant must explain how

marking the item or commodity would impair its functionality.

(v) Incur substantial costs or be impractical. The applicant must explain why marking would not be cost beneficial or practical.

(vi) Offend local cultural or social norms, or be considered inappropriate. The

applicant must identify the relevant norm, and explain why marking would violate that norm or otherwise be inappropriate.

(vii) Conflict with international law. The applicant must identify the

applicable international law violated by the marking. f. The Agreement Officer will consider the Marking Plan's adequacy and reasonableness

and will approve or disapprove any exemption requests. The Marking Plan will be reviewed to ensure the above information is adequately included and consistent with the stated objectives of the award, the applicant's cost data submissions, and the performance plan.

g. If the applicant receives an assistance award, the Marking Plan, including any approved

exemptions, will be included in and made part of the resulting grant or cooperative agreement, and will apply for the term of the award unless provided otherwise.

(END OF PROVISION)

3. Conscience Clause Implementation (Assistance) – Solicitation Provision (February 2012)

APPLICABILITY: This provision must be included in any new Request for Applications (RFA) or Annual Program Statement (APS) that intends to obligate FY04 or later funds made available for HIV/AIDS activities, regardless of the program account. Further guidance is found in AAPD 14-04, Section 2.D.

C. CONSCIENCE CLAUSE IMPLEMENTATION (ASSISTANCE) – SOLICITATION

60

PROVISION (February 2012) (a) An organization, including a faith-based organization, that is otherwise eligible to

receive funds under this agreement for HIV/AIDS prevention, treatment, or care—

1) Shall not be required, as a condition of receiving such assistance—

(i) to endorse or utilize a multisectoral or comprehensive approach to combating HIV/AIDS; or

(ii) to endorse, utilize, make a referral to, become integrated with, or

otherwise participate in any program or activity to which the organization has a religious or moral objection; and

2) Shall not be discriminated against in the solicitation or issuance of grants,

contracts, or cooperative agreements for refusing to meet any requirement described in paragraph (a)(1) above.

(b) An applicant who believes that this solicitation contains provisions or requirements that

would require it to endorse or use an approach or participate in an activity to which it has a religious or moral objection must so notify the cognizant Agreement Officer in accordance with the Mandatory Standard Provision titled “Notices” as soon as possible, and in any event not later than 15 calendar days before the deadline for submission of applications under this solicitation. The applicant must advise which activity(ies) it could not implement and the nature of the religious or moral objection.

(c) In responding to the solicitation, an applicant with a religious or moral objection may

compete for any funding opportunity as a prime partner, or as a leader or member of a consortium that comes together to compete for an award. Alternatively, such applicant may limit its application to those activities it can undertake and must indicate in its submission the activity(ies) it has excluded based on religious or moral objection. The offeror’s proposal will be evaluated based on the activities for which a proposal is submitted, and will not be evaluated favorably or unfavorably due to the absence of a proposal addressing the activity(ies) to which it objected and which it thus omitted. In addition to the notification in paragraph (b) above, the applicant must meet the submission date provided for in the solicitation.

(END OF PROVISION)

4.2 Request For Proposal 05.08.2013 Page 61

(END OF PROVISION)

[End of Attachment No. 5]

(c) By submission of its application, the prospective recipient represents that it does not require employees, subawardees, or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees, subawardees, or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for providing federal assistance to an entity that requires employees, subawardees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees, subawardees, or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

PROHIBITION ON PROVIDING FEDERAL ASSISTANCE TO ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS – REPRESENTATION (APRIL 2015)

APPLICABILITY: This pre-award provision must be included in Section IV of all assistance solicitations.

4. Prohibition on Providing Federal Assistance to Entities that Require Certain Internal Confidentiality Agreements – Representation (April 2015)







4.2 Request For Proposal 05.08.2013 Page 62

Attachment No. 6 – Budget Template is an excel spreadsheet included with the RFP. Attachment No. 7 – Budget Narrative is a word document included with the RFP.

[END OF SOLICITATION]

request for proposal - Проект usaid · 2 request for proposal (rfp) date: february 15, 2016...

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