request for proposals (rfp) · all questions or clarifications regarding this rfp must be in...

REQUEST FOR PROPOSALS

RFP NO: RFP CENTRAL DATABASE-01

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Request for Proposals (RFP) Health Information Database Procurement

RFP No: CENTRAL DATABASE-01

Part A: Cover Page

Issuance Date: February 7, 2020

Questions Due Date/Time: February 14, 2020, 5PM EST

Proposal Due Date/Time: March 13, 2020, 5PM EST

John Snow Inc. (JSI) is soliciting proposals for development and implementation of real-time health

information and reporting database to meet donor and corporate reporting requirements.

Please submit your most competitive proposal in accordance with the instructions to offerors and terms

of reference. Any award issued as a result of this RFP will be subject to all instructions, terms of

reference/ specifications, terms and conditions. This RFP document includes the following parts:

PART A: Cover Page

PART B: Instructions to Offerors

PART C: Terms of Reference

Attachment A: General Terms & Conditions

All proposals, inquiries, and correspondence pertaining to this solicitation are to be directed to the

attention of:

John Snow, Inc. (JSI)

Attn: Grace Kim

44 Farnsworth Street

Boston, MA 02210

Email: [email protected]

JSI is committed to the highest standards of ethics and integrity in procurement. JSI has zero tolerance for fraud

and strictly prohibits bribes, kick-backs, gratuities, and any other gifts in-kind or in monetary form. JSI also strictly

prohibits collusion (bid rigging) between vendors and between vendors and JSI staff. JSI selects vendors on merit

and will only engage vendors who demonstrate strong business ethics. Vendors must not participate in bid-rigging

or attempt to offer any fee, commission, gift, gratuity or any compensation in-kind or in monetary form to JSI

employees. Vendors who do so will be disqualified from doing business with JSI. Additionally, JSI has a conflict of

interest policy that requires staff to disclose when there is a potential conflict of interest due to the staff-member’s

relationship with a vendor, and if necessary, to refrain from participation in a procurement involving that

vendor. If at any time your organization has concerns that an employee has violated JSI policy, you may submit a

report via JSI’s Code of Conduct Helpline at: www.jsi.ethicspoint.com.

http://www.jsi.ethicspoint.com/



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Part B: INSTRUCTIONS TO OFFERORS

1. DEFINITIONS

Offeror: The individual or firm providing proposals for the services requested under this RFP.

Contractor/Vendor: The individual or firm awarded the services requested under the RFP in the form of

a PO/contract.

Buyer: John Snow, Inc. (JSI).

2. ACRONYM LIST

Acronym Expanded Form

DATIM Data for Accountability, Transparency and Impact Monitoring

DHIS2 District Health Information Software version 2

HFR High Frequency Reporting

JSI John Snow, Inc.

LOE Level of effort

MER Monitoring, evaluation, and reporting

OHA Office of HIV/AIDS

PEPFAR U.S. President's Emergency Plan for AIDS Relief

USAID United States Agency for International Development

3. ANTICIPATED TIMELINE

Once a contract is issued, the following phases and timelines are expected (note timeline is not

indicative of LOE):

Key Items Schedule Estimated Timeline

System development including user acceptance testing, importation of

historical data and customization of reports and visualizations

2-3 months

System testing and amendments/finalizations 1 month

Launch and train JSI administrators 1-2 weeks

Managing the system for 6 months to 24 months including software

updates and routine back ups

6 – 24 months from

launch

System handover support for 2 – 4 months 12– 24 months from

launch

4. PROPOSAL SUBMISSION AND REQUIREMENTS

Offerors are encouraged to read the RFP document in its entirety and ensure that their proposal addresses

all of the topics cited in the proposal instructions and meets the selection criteria. All proposals must be

submitted by the deadline established on the cover page of this RFP. Offers received after this due date

and time may not be accepted for consideration.



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Questions:

All questions or clarifications regarding this RFP must be in writing and submitted to [email protected]

no later than February 14, 2020 5PM EST. Questions and requests for clarification, and the consolidated

responses thereto, will be posted on JSI website or circulated to all RFP recipients who have indicated

interest in this RFP.

Submission of Proposals:

The Offeror’s proposal must be accompanied by a cover letter and signed by an individual who has

signatory authority for the offeror. The offeror must submit a complete proposal package on or before

the due date and time to Grace Kim at [email protected] Proposals must be submitted by email

only with the subject line “RFP No: CENTRAL DATABASE-01”

The written proposal must contain the following information and documentation:

a) Technical Proposal Requirements/ Proposed Plan and Approach

The Technical proposal shall describe how the offeror intends to carry out the Terms of Reference as

stated in Part C. It should be concise, specific, complete, and demonstrate a clear understanding of the

work to be undertaken and the responsibilities of all parties involved. It must demonstrate the offeror’s

eligibility, as well as their capabilities and expertise in conducting each step of the activity.

Offerors shall include only information necessary to provide a clear understanding of the proposed action

and the justification for it. Greater detail than necessary, as well as insufficient detail may detract from a

proposal’s clarity. Assume that the reader is not familiar with the particular context in which the project

will be implemented. Minimize or avoid the use of jargon and acronyms as much as possible. If acronyms

or abbreviations are used, include a separate page explaining the terms.

A technical proposal that is responsive to the RFP must include, but is not limited to:

Implementation

Approach and

Methodology

Project Planning, Governance, Implementation Methodology,

Reporting, and Quality Management

Project Management

Plan (PMP)

Method, approach, staffing (including internal or any third

party teams), processes and or tools for managing the project

in terms of schedule, resources, quality management

framework, and deliverables

Project Schedule System development schedule including task, start and end

date and critical path of the project

Risk Management Plan Method, approach and tool for mitigating potential risks

User Acceptance Test

(UAT) Plan

User acceptance test documentation to obtain confirmation

that system meets mutually agreed-upon requirements

Training Plan Rollout and training plan for administrators

Technical Support and

Maintenance Plan

Support plan for all stages of development, operation, and

post-production phases, including troubleshooting

mailto:[email protected]

mailto:[email protected]



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Communication Plan Describe how JSI will be updated on the progress of the work

and various stages of the project schedule and

implementation plan

Proposal Assumptions List any assumptions you may have made regarding execution

of the project

b) Capabilities and Past Performance

Offerors must have:

Current and relevant experience in software or health management information system

development or customization in the health industry in the last two years

Ability to provide user support, system upgrades, and maintenance

Strong understanding of PEPFAR, DATIM, and USAID requirements

The offeror must submit a Capabilities Statement along with documentary evidence of past performance.

The capabilities statement will be used to evaluate the offeror’s organizational, financial, and technical

capacity, in relation to the Terms of Reference in Part C. The Capabilities Statement must include, but is

not limited to: financial resources available to complete this work, staffing competencies and capabilities,

organizational or consultant’s project management approach and core technical expertise, past

experience performing similar work with other donor organizations, and a company profile and/or

brochure (for firms) and CV for consultants.

c) Cost Proposal Requirements

1. The offeror should submit their most competitive and complete cost proposal in USD.

2. A fixed unit cost and total cost proposal for completion of works as described in the terms of

reference (Part C).

3. Please provide cost break down according to the following categories:

a. Design, development and testing

b. Launch and training

c. Technical support and maintenance

d. Server hosting

e. Handover

4. The price of the PO/ contract to be awarded will be an all-inclusive fixed price. No profit, fee or

additional costs can be included after the award. All items/ services must be clearly labeled and

included in the total offered price.

5. Please indicate all prices inclusive of applicable taxes, if any.

6. The offeror should submit a cost proposal budget narrative.

Budget Preparation Instructions

The Offeror should provide a fixed price budget inclusive of all costs. The budget must be submitted in

Excel.

The milestone budget is disaggregated by module and should include:

Fixed price estimate for all costs related to implementing the functional requirements



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o E.g., labor, administration costs, etc.

Fixed price estimate for all costs related to implementing non-functional requirements o E.g., application requirements, integration requirements, security requirements, training,

system warranty and maintenance

Fixed price cost estimate for maintenance and technical support to take effect immediately after

JSI signs the user acceptance form at the end of implementation and testing.

Maintenance and technical support, including: Basic help desk support for users for initial two (2) months Advanced help desk support for JSI technical team for remaining period Software upgrades, hosting and backup fees

Annual Recurring costs for support and maintenance related to ongoing implementation o E.g., server and maintenance fees

Cost Proposal Budget Narrative Preparation Instructions

A detailed budget narrative that justifies the costs as appropriate and necessary for the successful

completion of proposed activities should be attached to the budget. The budget narrative should clearly

describe the project and cost assumptions. All proposed costs must be directly applicable to performing

the work under the award and budgeted amounts should not exceed the market cost/value of an item or

service.

The budget narrative should be of sufficient detail so that someone unfamiliar with your organization or

the activity could review, adequately understand, and grasp the assumptions, reasonableness and

calculation method used.

Budget narrative must be prepared using Microsoft Word software. Supporting information must be

provided in adequate detail for conducting a comprehensive analysis.

d) Other Requirements

References: Provide a minimum of three references within the past two years, to whom products

or services similar in scope to this RFP have been provided. Please provide the name of the person,

title, email address, phone number and location along with a brief statement of the service and

what was your role in the development / deployment of the system/solution.

JSI may ask for a presentation from short-listed consultant(s) or any firm(s), at its discretion, to

provide clarifications and/or a demo of the proposed product.

JSI may ask for a copy of valid business registration, trade license or company tax registration

information, etc.

5. AWARD

JSI intends to issue a fixed price purchase order / contract to the offeror(s) who best meet the criteria

specified in this RFP and are determined to be responsible and eligible individual or firm to provide the

required services.

JSI will decide at its own discretion whether to issue two contracts for development and roll-out of system

and ongoing support and maintenance.



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6. EVALUATION CRITERIA

Proposals will be evaluated first to ensure that they meet all mandatory requirements and are responsive.

JSI will evaluate responsive proposals on a best value basis, considering a variety of factors including the

following:

Technical Approach, Methodology and Implementation plan: Comprehensiveness, clarity and appropriateness of proposed activity, aligned with section 4.a

and part C of this RFP. Value-added features, functionality and capabilities, the proposed system may offer in addition

to the key requirements. Proposed approach for responsive trouble-shooting and ongoing technical support during

performance period.

Capabilities and Past Performance: Organizational, financial and technical capabilities and resources to develop and deploy the

requested system. Previous successful experience designing, developing and implementing a health management

information system. Demonstrated experience providing user support, system upgrades, and maintenance. Extensive experience customizing DHIS2. Strong understanding of USAID, PEPFAR and DATIM. Proposed staff qualifications and experience in health management information development

and deployment, as demonstrated by proposed staff CVs

Proposed Costs Lowest cost. Completeness of cost proposal.

4. TERMS OF AWARD

This document is a request for proposals only, and in no way obligates JSI to make any award. Please be

advised that under a fixed price contract the work must be completed within the specified total price.

Any expenses incurred in excess of the agreed upon amount in the PO/ contract will be the

responsibility of the contractor and not that of JSI. Therefore, the offeror is duly advised to provide its

most competitive and realistic proposal to cover all foreseeable expenses related to provide the

requested services.

All deliverables produced under the future award/contract shall be considered the property of JSI. JSI

may choose to award a contract for part of the activities in the RFP. JSI may choose to award a contract

to more than one offeror for specific parts of the activities in the RFP.

5. PROPOSAL VALIDITY

The offeror's technical and cost proposals must remain valid for not less than 120 calendar days after the

deadline specified above.



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6. PAYMENT TERMS

JSI payment cycle is net 30 days upon receipt of deliverables, inspection and acceptance of services

rendered in compliance with the terms of the award and receipt of vendor invoice. Full cooperation with

JSI in meeting the terms and conditions of payment will be given the highest consideration.

7. FINANCIAL RESPONSIBILITY

Offerors must include in the capabilities statement that they have the financial viability and resources to

complete the proposed activities within the period of performance and under the terms of payment

outlined below. JSI reserves the right to request and review the latest financial statements and audit

reports of the offeror as part of the basis of the award.

8. LANGUAGE

The proposal, as well as correspondence and related documents should be in English.

9. NEGOTIATIONS

The offeror's most competitive proposal is requested. It is anticipated that any award issued will be made

solely on the basis of an offeror’s proposal. However, JSI reserves the right to request responses to

additional technical, management and cost questions which would help in negotiating and awarding a

contract. JSI also reserves the right to conduct negotiations on technical, management, or cost issues prior

to the award of a PO/ contract.

10. REJECTION OF PROPOSALS

JSI reserves the right to reject any and all proposals received, or to negotiate separately with any and all

competing offerors, without explanation.

11. INCURRING COSTS

JSI is not liable for any cost incurred by offerors during preparation, submission, or negotiation of an award

for this RFP. The costs are solely the responsibility of the offeror.

12. MODIFICATIONS

JSI reserves the right, in its sole discretion, to modify the request, to alter the selection process, to

modify or amend the specifications and scope of work specified in this RFQ.

13. CANCELLATION

JSI may cancel this RFP without any cost or obligation at any time until issuance of the award.



Confidential

v.1_03.07.2016 8

Part C: Terms of Reference

Purpose: Development of Database for Real-time Health Information

Activity Manager: Caitlin Madevu-Matson

Period of Performance: March 2020 - February 2021

Place of Performance: United States

Activity Code: 18100.1005

DESCRIPTION OF REQUIREMENT (SERVICES):

1. Background

John Snow Inc. (JSI) is a public health management consulting and research organization dedicated to

improving the health of individuals and communities throughout the world. Globally, JSI implements

multiple HIV projects, some of which are supported by the U.S. President's Emergency Plan for AIDS Relief

(PEPFAR). PEPFAR’s Data for Accountability, Transparency and Impact Monitoring (DATIM) system is the

global DHIS2 system used to collect data on monitoring, evaluation, and reporting (MER), site

improvement monitoring (SIMS), expenditure reporting (ER), and evaluation standards of practice

(EvalSOP). More information on the DATIM system can be found here: https://datim.zendesk.com/hc/en-

us. In addition to quarterly reporting through DATIM, JSI also has requirements related to High Frequency

Reporting (HFR), a weekly snapshot of site level reporting (see http://tinyurl.com/hfr-guide for further

information). JSI projects have unique databases in a variety of platforms (Salesforce, DHIS2, and others)

to conform to project and country needs.

JSI seeks the services of a firm or consultant (Offeror) to develop a central DHSI2 system to meet current

donor and corporate reporting requirements. In addition to enabling data capture, import, verification,

storage, retrieval, reporting and visualization for (1) PEPFAR MER results and targets indicators (2) HFR

data and (3) additional data deemed relevant by JSI at the headquarters level, the system must offer ease

of modification for additional projects and reporting requirements adjustments.

This request for service includes a system build, launch, hosting, and maintenance for a defined period

(between 12-24 months) that will be agreed upon before signing of contract, and eventual handover of

the system to JSI for future hosting and maintenance. JSI staff will work closely with the Offeror

throughout the design and launch process. JSI will ultimately both administer and maintain the system in-

house.

2. Objectives

1. Customize and configure a DHIS2 based digital platform for fiscal years (FY) 2019-2021 MER

results and target indicators, FY 2019-2021 HFR and corporate indicators (as applicable).

https://datim.zendesk.com/hc/en-us


http://tinyurl.com/hfr-guide



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2. Host and maintain production and development servers for the central database, including

routine backups.

3. Ensure JSI staff have capacity to manage system administration, maintenance of the digital

platform, and to make modifications to the central database as new projects are launched and

as reporting requirements change.

4. Provide advance helpdesk support to JSI staff to troubleshoot problems during the period of

hosting and maintenance.

3. Activities/Tasks (Services)

The Offeror will provide product/services as needed for 12-24 months from the date of the award.

Fulfillment of the contract is expected to occur through the following processes.

3.1 Design:

Together with the JSI team, agree on the vision for the central database using DHIS2 version

2.33 or later

Develop mockups and/or options for import, review and verification processes of data

Agree on initial list of custom reports and data visualizations in the central database for core,

country and project level display

Establish a timeline and a detailed implementation plan for design, testing and launch of the

system

Determine feasibility of copying existing metadata, data, and customized reports from existing

JSI database for HFR

Assess feasibility of copying existing metadata and data from DATIM for JSI projects

Define user profiles and permissions

3.2 Development & testing: see Section 4 below for specifications for the components listed here

Customize DHIS2 instance to be hosted on the Offeror’s server

Copy existing metadata for: o PEPFAR MER FY19 and FY20 results and targets o OHA HFR FY19 and FY20 results

Copy existing customized import and export processes for HFR from existing DHIS2 instance at

JSI into the central database

Develop and test import process for quarterly import of DATIM results and targets for remaining

FY20 quarters into the central database

Create initial user roles and groups, with varying permission levels for defined user profiles (see

section 4.3)

Import legacy data including all available FY19 data and FY20 data

Develop initial indicators, pivots, and visualizations for basic DHIS2 dashboards displaying key

DATIM and HFR indicators as specified during the design phase

Incorporate revisions per JSI user feedback

3.3 Launch

Launch production and development servers of the central database including customized

reports and dashboards



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Provide initial 2-3 day training for JSI staff (up to ten people) on system structure and

administration

3.4 Technical Support

Establish help desk support to troubleshoot problems that arise after the launch of initial

database and respond to requests within 48 hours of submission

Support JSI team to develop more advanced indicators and dashboards as required

Provide ongoing technical support to troubleshoot issues with data integrity, and fix bugs

related to functionality

3.5 Hosting and maintenance

Host production and development servers and store routine backups

Develop a systems administrator guide that includes all necessary information for maintenance,

modifications and training JSI core administrators and analysts on key functionalities

Build JSI staff capacity to modify content as reporting requirements change (e.g. when

PEPFAR/HFR requires additional indicators or modifies the operational definitions of indicators)

Upgrade system, during the period of the contract, to more recent version(s) of DHIS2 and carry

out testing of upgraded instances prior to deployment in collaboration with JSI

3.6 Handover

Facilitate a full handover of the central database at end of period of performance, for hosting by

JSI.

Throughout the process, the JSI team expects frequent contact through phone calls, video

conference and/or in-person meetings. These will occur at least weekly during the design,

development & testing, and launch phases and at least bi-monthly thereafter. JSI will decide

prior to award the length of time to include support and maintenance in this proposed contract.

However, for the purposes of information only, the Offeror may quote in the financial proposal

the costs for each of the following contingencies: o Total cost for support for a one year period

o Total cost for support for a two year period

4. System Specifications

4.1 Metadata from DATIM

DATIM contains many metadata components, many of which are publicly available. The Offeror will

support JSI to copy the available metadata according to the table below.

Table C1. Metadata from DATIM

Description Need from DATIM?

Approvals DATIM uses customized applications to enable different

levels of approval

No

Organization Units DATIM publishes this metadata Yes

Data Elements DATIM publishes this metadata Yes



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Indicators DATIM has developed a variety of indicators Yes, to the extent

possible

Categories DATIM publishes Category Option Combinations Yes, to the extent

possible

Mechanisms DATIM publishes this metadata Yes

Data sets and how they

configured

DATIM uses customized advanced Javascript for data

entry screens

No

4.2 Anticipated data flow

The anticipated data flow for PEPFAR MER indicators from DATIM (Figure C1 below) will include MER

results, targets and narratives. The Offeror will support the JSI headquarters activities in the diagram,

including the design and process of exporting standardized CSV files from DATIM and importing into the

central database. The anticipated data flow for HFR (Figure C2 below) will include all required HFR

indicators, and may include other custom indicators that will be agreed upon during the design phase.

The Offeror will support the JSI headquarters activities in the diagram, including copying existing

metadata, data, and customized import and export functionalities from an existing JSI DHIS2 instance.

Figure C1. Proposed data flow for PEPFAR MER indicators from DATIM



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Figure C2. Proposed data flow for HFR indicators

4.3 User Profiles

The following initial profiles should be created:

User Profile Functions, access

Core Administrator Unrestricted access to system

Core Analyst Import and Export data across system

Access to edit data

Access to create and manage pivots, favorites and dashboards for all user groups

Core Viewer Access to view all core and country specific dashboards across all projects

Project

Administrator

Access to add other same-project users

Enter HFR data

Import standardized HFR templates and DATIM csv files for their project

View all core dashboards

Create and share project-specific pivots, visualizations and dashboards with other same-

project users

Project Viewer Should be able to view all core and project-specific dashboards

4.4 Customized Reports and Dashboards



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Customized reports and basic dashboards will be designed in collaboration with JSI during the design

phase. At a minimum the reports and dashboards should display the following key DATIM and

HFR indicators across core, country and project and allow for cross comparisons by quarters:

Target achievement for all PEPFAR MER indicators (see Figure C3 below).

Clinical cascades, (see Figure C4 below) such as o HIV testing yield: HTS_TST_POS/HTS_TST o Linkage to ART: TX_NEW/HTS_TST_POS o Viral load coverage: TX_PVLS_D/TX_CURR o Viral load suppression: TX_PVLS_N/TX_PVLS_D

Priority disaggregations, such as by age <15 and 15+, by sex M and F, by key population type and

others

Comparison between achievement on equivalent PEPFAR MER and HFR indicators

Figure C3. PEPFAR MER Indicators (https://datim.zendesk.com/hc/en-us)




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Figure C4. Example dashboard for HFR indicators

4.5 HISTORIC DATA

The Offeror will support with importing historic data from

DATIM for FY19 (October 2018 to September 2019) and FY20 (October 2019 to date),

HFR for FY19 (June 2019 through September 2019), and from HFR for FY20 (October 2019 to

date)

4.6 STANDARDS AND CONVENTIONS

If any customized applications or other programming is determined to be required in collaboration with

JSI during the design phase, all code written must comply with industry standards for code quality,

documentation and quality assurance testing based on the database/software programming language

used for implementation.

5. Expected Roles and Responsibilities

Offeror

Familiarize themselves with DATIM and HFR reporting requirements and processing, including

any PEPFAR and USAID modifications during the contract period

Use DATIM metadata for PEPFAR MER results and targets as much as possible to ensure

alignment

Develop DHIS2 database per above specifications

Host and maintain system on non-JSI server for specified period

Serve as technical experts and lead troubleshooting when issues arise, including liaising with

wider DHIS2 online community to resolve system bugs



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Respond to questions and/or requests in a timely manner (within 24 hours)

Notify JSI staff of any issues or changes in the timeline for delivery of products

JSI

Provide access to historical HFR data and metadata located in other JSI system

Provide Offeror with all updated PEPFAR MER and HFR documentation

Provide OHA HFR reporting template used by current projects

Participate and provide guidance in testing of system during development

Serve as first point of contact troubleshooting basic Helpdesk requests

Effect payments on accomplishment of the task according to contract and deliverables

6. Deliverables and Schedule

The table below presents the tasks expected, deliverables required, and a potential schedule for

delivery. Offerors are requested to propose a payment schedule as part of their cost proposal.

Deliverable Name Task Deliverable Description Due Date

1. Inception Report Develop a detailed

inception report

Report will include:

- Guiding decisions made during kick-off

meeting

-Implementation plan and timeline

-Mock ups and/or options for each

component of the system included: imports

from DATIM and ECHO, review and

verification processes, tables and data

visualizations in DHIS2

30 days after

contract

signing

2. Functional test

version of DHIS2

instance

Develop a test version

of central database

Functional version of DHIS2 instance, with

user accounts for testing

60 days after

contract

signing

3. Functional DHIS2

production and

development

instances

Launch central

database

Operational DHIS2 instance with required

database functionality, customized reports

and visualizations

Documentation of modifications made as a

result of testing

100 days

after

contract

signing

4. Training of JSI Staff Train core

administrators

and analysts on use of

central database

Systems administrator guide and materials

used to conduct training, such as: agendas,

exercises, slide decks, videos, demos, etc.

120 days

after

contract

signing



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5. System

Maintenance and

Technical Support

Hosting, routine

maintenance and

technical support of

central database

Summary Report each quarter that includes:

-summary of technical requests provide to JSI

team

-running helpdesk ticket log with system bugs

and fixes

-dates of system backups

-plans for any system upgrades or upcoming

maintenance within the next quarter.

Quarterly

until end of

contract

6. Hand over Migrate to JSI servers Provide appropriate documentation and

support migration of central database to

designated JSI server

30 days prior

to contract

end

7. Key References

DATIM SYSTEM:


FY19 and FY20 MER Indicator Reference Guides

https://datim.zendesk.com/hc/en-us/articles/360000084446-MER-Indicator-Reference-Guides

HFR Reporting Guide


DHIS2

https://www.dhis2.org/


https://datim.zendesk.com/hc/en-us/articles/360000084446-MER-Indicator-Reference-Guides


https://www.dhis2.org/



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ATTACHMENT A: GENERAL TERMS & CONDITIONS 1. PRODUCT AND SERVICES: The contractor shall render the services described on the Purchase Order (PO)/ contract,

of the type, in the quantity, at the delivery date and at the price as indicated on the PO/contract. The services shall conform in all respects to the requirements of the PO/contract.

2. INSPECTION/ACCEPTANCE: The Vendor shall tender for acceptance only those product or services that conform to

the requirements of this purchase order/contract. JSI reserves the right to inspect or test or services that have been tendered for acceptance. JSI may require re-performance of nonconforming services at no increase in purchase order price. JSI must exercise its post acceptance rights: (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the product/service, unless the change is due to the defect in the product/service. JSI has unilateral authority to determine if the performance results have been met.

3. INVOICE REQUIREMENTS: Invoices shall be submitted prior to payment. Each invoice shall identify the Vendor’s

name, address, invoice number, dates of performance and specify the payment amount. It shall also include a reference to the purchase order number, and specify the the services that have been rendered or the deliverables that have been submitted as a requirement for payment. Upon acceptance of the deliverables by JSI, payment shall be made to the Vendor as per the payment terms and in the currency stated on the purchase order.

4. TERMINATION FOR CONVENIENCE: JSI reserves the right to terminate this purchase order/contract, or any part, for

its convenience. In the event of such termination, the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of the purchase order, the Vendor shall be paid a percentage of the purchase order price reflecting the percentage of the work performed prior to the termination.

5. TERMINATION FOR CAUSE: JSI reserves the right to terminate this purchase order/contract, or any part, for cause in

the event of any defaults by the Vendor, or if the Vendor fails to comply with the terms and conditions of the purchase order/contract, or fails to provide JSI with adequate assurances of future performance. In the event of termination for cause, JSI shall not be liable for any amount of services not accepted, and the Vendor shall be liable to JSI for any and all rights and remedies provided by law.

6. WARRANT: Vendor warrants that the services rendered hereunder conform to the purchase order/contract

requirements, are free of latent defects, and are merchantable and fit for use for the particular purpose described in the purchase order (or, if no such purpose is specifically described, for the purposes for which the product or services, as applicable, are ordinarily used).

7. CHANGES: Changes in the terms and conditions of this purchase order may be made only by written amendment

issued by JSI.

8. CONFLICT OF INTEREST: Vendor agrees that there is no conflict of interest in accepting this purchase order/contract, which might affect the ability to conduct fair and useful technical assistance on behalf of JSI.

9. CONFIDENTIALITY: The Vendor agrees to treat all information provided by JSI or gathered during the course of

providing services as confidential and privileged and to not publish or disseminate such information or otherwise share such information with any third party without the written consent of JSI.

10. RIGHTS IN WORK PRODUCT: Vendor agrees that JSI retains the entire right, title and interest in all deliverables, data,

and other intellectual property produced by the Vendor under this agreement (collectively “Work Product”). Vendor agrees that the Work Product is specially commissioned and works made-for-hire, and that JSI is deemed the author for copyright purposes. To the extent that any Work Product is not deemed work made-for-hire, Vendor hereby assigns to JSI all its right, title and interest in such Work Product.

11. PRICES: The Prices (Unit Prices and extended prices) specified in the purchase order/contract are firm, fixed, all-

inclusive total prices including all taxes or duties as may be applicable, and covering performance of all of Vendor's obligations under the purchase order, including, but not limited to, delivery of the products and/or services in accordance with the purchase order performance of all associated and related services.



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12. LIQUIDATED DAMAGES: Both parties acknowledge that the time fixed for delivery in this Purchase Order/contract is

of the essence as well as the difficulty of ascertaining at the time of contracting the precise nature and amount of actual damages JSI will suffer in the event of Vendor’s delayed performance. In the event of delay in performance, JSI reserves the right, in addition to any other remedies under this PO, to retain as liquidated damages from any payment due the Vendor an amount equal to one percent (1%) of the cost of the PO for every complete week of delay or a part thereof, reckoning from the time fixed by the PO. The total amount of the liquidated damages shall, however, be limited to ten percent (10%) of the value of the delayed contract. The parties agree that these amounts represent a reasonable estimate of the actual damages anticipated at the time of contracting, and confirm they have been negotiated and agreed upon.

13. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION: The Vendor certifies that neither it nor its

principals is presently debarred, suspended, proposed for disbarment, excluded or otherwise disqualified from participation in this transaction by any U.S. Federal Government department or agency.

14. COMPLIANCE WITH U.S. SANCTIONS: The Vendor represents that: 1) it and, to the best of its knowledge, its owners,

principals, and affiliates are not subject to economic sanctions administered by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury. Entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn.

15. IMPLEMENTATION OF E.O. 13224 – EXECUTIVE ORDER ON TERRORIST FINANCING: The Vendor is reminded that

U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. This includes individuals or entities that appear on the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Treasury (online at: http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) or the United Nations Security designation list (online at: http://www.un.org/sc/committees/1267/aq_sanctions_list.shtml). It is the legal responsibility of the Vendor to ensure compliance with these Executive Orders and laws.

16. MANDATORY DISCLOSURES/ANTI-TRAFFICKING:

a. Vendor must disclose to JSI any credible evidence received that alleges fraud, conflict of interest, bribery, or gratuity violations potentially affecting this purchase order or the Prime Contract/Agreement. Vendor shall not discharge, demote, or otherwise discriminate against any employee as a reprisal for the employee’s disclosing such information to JSI, a Member of Congress, or an authorized official of a Federal agency. Disclosures of credible evidence must be submitted to the JSI Code of Conduct Helpline via telephone number 1-855-715-2899 or online at www.jsi.ethicspoint.com.

b. JSI is committed to high standards of ethics and integrity including the prohibition of actions that would support trafficking in persons and procedures to prevent such acts and report any violations. As such, JSI's Anti-Trafficking Policy is incorporated into this purchase order. This policy prohibits JSI and its partners, consultants, vendors, and other agents from engaging in trafficking in persons, procurement of commercial sex acts, use of forced labor, and other acts that directly support or advance trafficking in persons. This policy also requires that Vendor immediately report to JSI any information obtained that alleges that any employee, subcontractor, or subcontractor employee has engaged in trafficking in persons, procured commercial sex acts, or used forced labor in the performance of this purchase order. Violations of the JSI Anti-Trafficking Policy must be reported to the JSI Code of Conduct Helpline via telephone number 1-855-715-2899 or online at www.jsi.ethicspoint.com.

c. By signing this Agreement, the Vendor confirms that the Vendor has read, understands and agrees to comply with the JSI/WEI Anti-Trafficking Policy attached or posted at www.jsi.com.

17. COMPLIANCE WITH LAWS: Vendor explicitly warrants that it is in compliance with all applicable Federal, state and

local laws, as amended, including, as applicable, 41 CFR 60-1.4, 41 CFR 60-250.4, and 41 CFR 60-741.4, with respect to nondiscrimination in employment on the basis of race, religion, color, national origin, or sex, equal opportunity, affirmative action, employment of disabled veterans, and veterans of the Vietnam era, and employment of the handicapped. If this is a Purchase Order for services, Vendor also shall not discriminate against any of the intended beneficiaries of the program for which services are provided, such as, but not limited to, by withholding, adversely impacting, or denying equitable access to the benefits provided through the program on the basis of any factor not expressly stated in this agreement.

http://www.jsi.ethicspoint.com/

http://www.jsi.com/



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18. ANTI-LOBBYING: The Vendor, by signing this purchase order/contractor, 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 purchase order.

19. REMEDIES: Violation of any of the terms and conditions of this agreement constitutes grounds for termination of the

assignment and may result in the Vendor being barred from future assignments with JSI. The exercise of these rights does not limit JSI’s right to also seek any and all other legal remedies.

20. INDEMNIFICATION: The Vendor shall indemnify and hold JSI harmless from any claim, suit, loss, damage, cost or

expenses (including reasonable attorneys’ fees) arising out of or in connection with the Vendor’s negligence, willful misconduct, breach of this agreement, or other legal wrong-doing in any way connected with activities under this Agreement.

21. DISPUTES: In the event of any claims or disputes arising from or relating to this Purchase Order, the parties shall use

their best efforts to settle the claims or disputes. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they fail to reach such a solution within sixty (60) days, either Party may refer the matter to arbitration, which shall be the exclusive method of resolving such disputes. The arbitration shall be conducted in Boston, Massachusetts or, if JSI determines at its sole discretion it would be more convenient, in the country of performance. The arbitration shall be administered by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its International Arbitration Rules before a single arbitrator appointed in accordance with such rules. The results of arbitration shall be final and binding on the Parties and shall be in lieu of any other remedy. Judgment may be entered upon the award in any court of competent jurisdiction.

22. FORCE MAJEURE: Neither party shall be liable in damages for any default in performing hereunder if such default is

caused by a force majeure event, including, but not limited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

23. GENERAL:

a. This Purchase Order is the sole and entire agreement between the parties relating to the subject matter hereof, and supersedes all prior understandings, agreements, and documentation relating to the subject matter hereof. This Purchase Order may be amended only by an instrument executed by the authorized representatives of both parties.

b. Every provision of this Purchase Order is intended to be severable. If any term or provision of this agreement is illegal or invalid for any reason, the illegality or invalidity shall not affect the legality or validity of the remainder of this agreement, and all other provisions of this agreement shall remain in full force and effect.

c. This Purchase Order shall be interpreted in accordance with the substantive law of the Commonwealth of Massachusetts.

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