Opportunity at Chemonics International Inc, USAID Contract No. AID-391-C-14-00002, is issuing a Request for Proposals (RFP) for making documentary - Latest Jobs Information In Front Of You

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Tuesday, 23 January 2018

Opportunity at Chemonics International Inc, USAID Contract No. AID-391-C-14-00002, is issuing a Request for Proposals (RFP) for making documentary

Hiring of Documentary Production House for Making Documentary on Progeny Testing Program under Livestock Breed Improvement



Dear Sir or Madam,

Chemonics International Inc. (hereinafter referred to as “Chemonics”), under the Punjab Enabling Environment Project (PEEP), USAID Contract No. AID-391-C-14-00002, is issuing a Request for Proposals (RFP) for making documentary on livestock breed improvement. The attached RFP contains all the necessary information for interested Offerors.

USAID’s Punjab Enabling Environment Project (PEEP) is a five-year effort to improve the enabling environment in the horticulture, livestock and dairy sub-sectors of Punjab to promote private sector-led growth through advocacy for policy reforms, human and institutional capacity development of relevant public and private sector organizations to spur investments in the targeted sub-sectors leading to employment generation.

Through its grants program, PEEP is supporting Livestock Breeding Services Authority Punjab (LBSAP) to help accelerate implementation of livestock breeding reforms initiated by the Government of Punjab under the Punjab Livestock Breeding Act 2014. In order to have a wider dissemination of this initiative on policy reform and to highlight the importance of the LBSAP and Punjab Livestock Breeding Act 2014, and the impact it can have towards Punjab’s livestock sector, the project and LBSAP intend to develop an educational documentary on Progeny Testing Program under Livestock Breed Improvement.

Companies or organizations should indicate their interest in submitting a proposal for the anticipated subcontract by sending an email indicating their intention to Grants Manager at rfp@usaidpeep.com.pk  by 1700hrs. PST on January 29, 2018.

Chemonics realizes that Offerors may have additional questions after reading this RFP. Interested Offerors can submit their questions to Grants Manager according to the instructions in 1.8 of the RFP. If necessary, Chemonics will provide answers to all relevant received questions through email to all interested offerors who indicated their interest in submitting a proposal.

This RFP does not obligate Chemonics to execute a subcontract nor does it commit Chemonics to pay any costs incurred in the preparation and submission of the proposals. Furthermore, Chemonics reserves the right to reject any and all offers, if such action is considered to be in the best interest of Chemonics.

Sincerely,


Syed Muslim Raza Rizvi
Grants Manager
USAID funded Punjab Enabling Environment Project

Request for Proposals

RFP # 001/2018

For the provision of

Services as a Documentary Production House for Making Documentary on Progeny Testing Program under Livestock Breed Improvement

Contracting Entity:
Chemonics International Inc.


Funded by:
United States Agency for International Development (USAID)

Funded under:
Punjab Enabling Environment Project (PEEP)
Pakistan

Prime Contract Number AID-391-C-14-00002

 

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

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

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

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

Offerors responding to this RFP must include the following as part of the proposal submission:
·         Disclose any close, familial, or financial relationships with Chemonics or project staff. For example, if an offeror’s cousin is employed by the project, the offeror must state this.
·         Disclose any family or financial relationship with other offerors submitting proposals. For example, if the offeror’s father owns a company that is submitting another proposal, the offeror must state this.
·         Certify that the prices in the offer have been arrived at independently, without any consultation, communication, or agreement with any other offeror or competitor for the purpose of restricting competition.
·         Certify that all information in the proposal and all supporting documentation are authentic and accurate.
·         Certify understanding and agreement to Chemonics’ prohibitions against fraud, bribery and kickbacks.

Please contact Muhammad Junaid, Chief of Party (mjunaid@usaidpeep.com.pk)  with any questions or concerns regarding the above information or to report any potential violations. Potential violations may also be reported directly to Chemonics at to BusinessConduct@chemonics.com or by phone/Skype at 888.955.6881.

RFP Table of Contents

List of Acronyms

Section I    Instructions to Offerors

I.1              Introduction
I.2              Offer Deadline
I.3              Submission of Offers
I.4              Requirements
I.5              Source of Funding and Geographic Code
I.6              Chronological List of Proposal Events
I.7              Validity Period
I.8              Evaluation and Basis for Award
I.9              Negotiations
I.10            Terms of Subcontract       
I.11            Privity

Section II   Background, Scope of Work, Deliverables, and Deliverables Schedule

II.1.                       Background
II.2.     Scope of Work
II.3.     Deliverables
II.4.     Deliverables Schedule

Section III  Firm Fixed Price Subcontract (Terms and Clauses)

Annex 1     Sample Proposal Cover Letter
Annex 2     Guide to Creating Financial Proposal and Sample Budget
Annex 3     Required Certifications
Annex 4     DUNS and SAM Registration Guidance


List of Acronyms


CFR                             Code of Federal Regulations
CO                               USAID Contracting Officer
COP                             Chief of Party
COR                            USAID Contracting Officer’s Representative
CV                               Curriculum Vitae
FAR                             Federal Acquisition Regulations
LBSAP                         Livestock Breeding Services Authority Punjab
M&E                            Monitoring and Evaluation
NICRA                        Negotiated Indirect Cost Rate Agreement
NGO                            Nongovernmental organization
PEEP                            Punjab Enabling Environment Project
PKR                             Pakistani Rupee
PST                              Pakistan Standard Time
RFP                              Request for Proposals
U.S.                             United States
USAID                         U.S. Agency for International Development
USAID/ Pakistan          USAID Mission in Pakistan
USG                             U.S. Government
VAT                            Value Added Tax

Section I.         Instructions to Offerors

I.1.       Introduction

Chemonics, the Buyer, acting on behalf of the U.S. Agency for International Development (USAID) and the Punjab Enabling Environment Project (PEEP), under contract number AID-391-C-14-00002 is soliciting offers from companies and organizations to submit proposals to participate with PEEP to carry out production of a documentary for Livestock Breeding Services Authority Punjab (LBSAP).

USAID’s Punjab Enabling Environment Project (PEEP) is a five-year effort to improve the enabling environment in the horticulture, livestock and dairy sub-sectors of Punjab to promote private sector-led growth through advocacy for policy reforms, human and institutional capacity development of relevant public and private sector organizations to spur investments in the targeted sub-sectors leading to employment generation.

Through its Grants Program, PEEP is supporting Livestock Breeding Services Authority Punjab (LBSAP) to help accelerate implementation of livestock breeding reforms initiated by the Government of Punjab under the Punjab Livestock Breeding Act 2014. In order to have a wider dissemination of this initiative on policy reform and to highlight the importance of the LBSAP and Punjab Livestock Breeding Act 2014, and the impact it can have towards Punjab’s livestock sector, the project and LBSAP intend to develop an educational documentary encompassing the breeding reforms including stakeholders’ views and the impact of the reform package.

Chemonics will issue an award to one company or organization. The award will be in the form of a firm fixed price subcontract (hereinafter referred to as “the subcontract”.  The successful Offeror shall be required to adhere to the statement of work and terms and conditions of the subcontract, which are incorporated in Section III herein.

Offerors are invited to submit proposals in response to this RFP in accordance with Section I Instructions to Offerors, which will not be part of the subcontract. The instructions are intended to assist interested Offerors in the preparation of their offer. Any resulting subcontract will be guided by Sections II and III.

This RFP does not obligate Chemonics to execute a subcontract nor does it commit Chemonics to pay any costs incurred in the preparation and submission of the proposals. Furthermore, Chemonics reserves the right to reject any and all offers, if such action is considered to be in the best interest of Chemonics.

Unless otherwise stated, the periods named in the RFP shall be consecutive calendar days.

I.2.       Offer Deadline

Offerors shall submit their offers both in hard-copy and electronically.

Hard-copy offers must be received no later than 1700hrs on February 06, 2018, at the following address:
PO Box# 3134, Ghalib Market, Lahore

Emailed offers must be received by the same time and date at the following address:
Syed Muslim Raza Rizvi - Grants Manager
rfp@usaidpeep.com.pk
Faxed offers will not be considered.

Offerors are responsible for ensuring that their offers are received in accordance with the instructions stated herein. Late offers may be considered at the discretion of Chemonics. Chemonics cannot guarantee that late offers will be considered.

I.3.       Submission of Offers

Proposals must be submitted both in hard-copy and electronically.

A.           Instructions for the Submission of Hard-Copies

Offerors wishing to respond to this RFP must submit proposals, in English, on A4 sized paper, 12-point Times New Roman font, single-spaced, in accordance with the following instructions.

All proposals must be submitted in two volumes, consisting of:

·         Volume 1: Technical proposal
·         Volume 2: Cost proposal

Proposal hard-copies must be submitted in sealed envelopes with one envelope containing the technical proposal and one envelope containing the cost proposal. Envelopes must be properly marked with the name of the Offeror’s company or organization. In case one or more companies or organizations are submitting a proposal in partnership, the name of the legally registered entity leading the partnership must be used. Names should be clearly written on the envelope and addressed to the person designated in I.2. Envelopes must be properly marked with the RFP number and title and state either “Technical Proposal” or “Cost Proposal”, as applicable.

An authorized representative of the company or organization submitting an offer must sign the cover page of each copy of the offer in blue ink. The Offeror’s authorized representative must initial any changes hand-written on the hard-copies of the offer.

A copy of the work samples as specified in section I.4 sub section B.2 Part 3 is required to be submitted. The DVD(s) must be included in the envelope containing the hard-copies of the technical proposal.

The envelopes containing the technical and cost proposals must be sent by “postal mail” only to the address specified in I.2. Offerors are encouraged to email a scanned copy of postal receipt as an evidence of timely submission.

Offers must be received by the date and time specified in I.2.

B.     Instructions for the Submission of Electronic Copies

Separate technical and cost proposals must be submitted by email no later than the time and date specified in I.2. The proposals must be submitted to the point of contact designated in I.2.

The Offeror must submit the proposal electronically with up to 3 attachments (5 MB limit) per email compatible with MS Word, MS Excel, readable format, or Adobe Portable Document (PDF) format in a Microsoft XP environment. Offerors must not submit zipped files. Those pages requiring original manual signatures should be scanned and sent in PDF format as an email attachment. Submission of work samples via email is not required, only DVD submission should be sufficient.

The technical proposal and cost proposal must be kept separate from each other. Technical proposals must not make reference to pricing data in order that the technical evaluation may be made strictly on the basis of technical merit.

I.4.       Requirements

To be determined responsive, an offer must include all of documents and sections included in I.4.A and I.4.B.

A.           General Requirements

Chemonics anticipates issuing a subcontract to a Pakistani company or organization, provided it is legally registered and recognized under the laws of Pakistan and is in compliance with all applicable civil, fiscal, and other applicable regulations. Such a company or organization could include a private firm, non-profit, civil society organization, or university.

Companies and organizations that submit proposals in response to this RFP must meet the following requirements:

(i)     Companies or organizations, whether for-profit or non-profit, must be legally registered under the laws of Pakistan upon award of the subcontract.
(ii)   Firms operated as commercial companies or other organizations or enterprises (including nonprofit organizations) in which foreign governments or their agents or agencies have a controlling interest are not eligible as suppliers of commodities and services.
(iii) Companies or organizations must have a local presence in Lahore, Pakistan at the time the subcontract is signed.

Offerors may present their proposals as a member of a partnership with other companies or organizations. In such cases, the subcontract will be awarded to the lead company in the partnership. The leading company shall be responsible for compliance with all subcontract terms and conditions and making all partnership arrangements, including but not limited to division of labor, invoicing, etc., with the other company(ies). A legally registered partnership is not necessary for these purposes; however the different organizations must be committed to work together in the fulfillment of the subcontract terms.


B.           Required Proposal Documents

1.      Cover Letter

The offeror’s cover letter shall include the following information:

i.             Name of the company or organization
ii.           Type of company or organization
iii.         Address
iv.         Telephone
v.           Fax
vi.         E-mail
vii.       Full names of members of the Board of Directors and Legal Representative (as appropriate)
viii.     Taxpayer Identification Number
ix.         Official bank account information (Account Number, Account Title, Currency, Bank Name, Branch address)
x.           Other required documents that shall be included as attachments to the cover letter:
a)      Copy of registration or incorporation in the public registry, or equivalent document from the government office where the offeror is registered.
b)      Copy of company tax registration, or equivalent document.
c)      Copy of trade license, or equivalent document.
d)      Evidence of Responsibility Statement, whereby the offeror certifies that it has sufficient financial, technical, and managerial resources to complete the activity described in the scope of work, or the ability to obtain such resources. This statement is required by the Federal Acquisition Regulations in 9.104-1. A template is provided in Annex 3 “Required Certifications”.
e)      CVs for key personnel along with their letters of commitment
f)       Applicable documents listed in I.4.A.

A sample cover letter is provided in Annex 1 of this RFP.

2.      Technical Proposal

The technical proposal shall comprise the following parts:

·         Part 1: Technical Approach, Methodology and Detailed Work Plan. This part shall be between 5 and 15 pages long, but may not exceed 15 pages.

The offerors must describe the following:
·         A short account of the understanding of the objective of the documentary
·         Pre-production facilities including pool of script writers
·         Available equipment and other infrastructure for production and post-production activities including HD as well as drone cameras, generator, crane, lights, reflectors and other filming material and infrastructure as well as editing, music, graphics, subtitles, translations, animations, and final mastering.
·         Pool of actors/actresses for filming where necessary
·         Pool of voice over artists
·         Methodology highlighting implementation plan
·         Work plan with timelines for completion of the whole activity with break-up of deliverables.
·         Part 2: Management, Key Personnel, and Staffing Plan. This part shall be between 2 and 5 pages long, but may not exceed 5 pages. CVs for key personnel along with their letters of commitment must be included in an annex to the technical proposal and will not count against the page limit.

Offerors shall propose staff for the following key personnel positions necessary for the implementation of the scope of work:

  1. Director
  2. Producer
  3. Script Writer
  4. Livestock Breeding Expert for Script Writing and Filming
  5. Cameraman
  6. Editor

·         Part 3: Corporate Capabilities, Experience, and Past Performance. This part shall be between 2 and 7 pages long, but may not exceed 7 pages.

Part 3 must include a description of the company and organization, with appropriate reference to any parent company and subsidiaries. Offerors must include details demonstrating their experience and technical ability in implementing the technical approach/methodology and the detailed work plan. Additionally, offerors must include 3 past performance references of similar work (under contracts or subcontracts) previously implemented as well as contact information for the companies for which such work was completed. Contact information must include at a minimum: name of point of contact who can speak to the offeror’s performance, name and address of the company for which the work was performed, and email and phone number of the point of contact.

Chemonics reserves the right to check additional references not provided by an offeror.

The sections of the technical proposal stated above must respond to the detailed information set out in Section II of this RFP, which provides the background, states the scope of work, describes the deliverables, and provides a deliverables schedule.

Documentary(ies) of similar nature produced by the offeror as work sample must be submitted in DVD format along with hard copies of proposal. Quality of previously produced documentary(ies) is a part of evaluation criteria.

3.      Cost Proposal

The cost proposal is used to determine which proposals represent the best value and serves as a basis of negotiation before award of a subcontract.

The price of the subcontract to be awarded will be an all-inclusive fixed price. No profit, fees, taxes, or additional costs can be added after award. Nevertheless, for the purpose of the proposal, offerors must provide a detailed budget showing major line items, e.g. salaries, allowances, travel costs, other direct costs, indirect rates, etc., as well as individual line items, e.g. salaries or rates for individuals, different types of allowances, rent, utilities, insurance, etc. Offers must show unit prices, quantities, and total price. All items, services, etc. must be clearly labeled and included in the total offered price. All cost information must be expressed in Pakistani Rupee (PKR). See Annex 2 for a sample cost structure.

Taxes and VAT: The agreement under which this procurement is financed does not permit the financing of any taxes, VAT, tariffs, duties, or other levies imposed by any laws in effect in Pakistan.  No such taxes, VAT, charges, tariffs, duties or levies will be paid under the subcontract resulting from this RFP.

PEEP will be seeking exemption from Pakistan’s country General Sales Tax (GST) and duties after selection of a successful offeror. For the purpose of this procurement, the offerors are requested to include any taxes, duties and VAT in the quote as a separate line so they are clearly identifiable.

The cost proposal shall also include a budget narrative that explains the basis for the estimate of every cost element or line item.  Supporting information must be provided in sufficient detail to allow for a complete analysis of each cost element or line item. Chemonics reserves the right to request additional cost information if the evaluation committee has concerns of the reasonableness, realism, or completeness of an offeror’s proposed cost.

If it is an offeror’s regular practice to budget indirect rates, e.g. overhead, fringe, G&A, administrative, or other rate, Offerors must explain the rates and the rates’ base of application in the budget narrative. Chemonics reserves the right to request additional information to substantiate an Offeror’s indirect rates.

Under no circumstances may cost information be included in the technical proposal. No cost information or any prices, whether for deliverables or line items, may be included in the technical proposal. Cost information must only be shown in the cost proposal.

I.5.       Source of Funding, Authorized Geographic Code, and Source and Origin

Any subcontract resulting from this RFP will be financed by USAID funding and will be subject to U.S. Government and USAID regulations.

All goods and services offered in response to this RFP or supplied under any resulting award must meet USAID Geographic Code 937 in accordance with the United States Code of Federal Regulations (CFR), 22 CFR §228, available at: http://www.gpo.gov/fdsys/pkg/CFR-2012-title22-vol1/pdf/CFR-2012-title22-vol1-part228.pdf.

The cooperating country for this RFP is Pakistan.

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


I.6.       Chronological List of Proposal Events

The following calendar summarizes important dates in the solicitation process. Offerors must strictly follow these deadlines.                                                                   
DD/MM/YY
RFP published………………………………………………………21/01/18
Deadline for indicating interest in submitting a proposal…………..29/01/18
Deadline for written questions……………………………………...29/01/18
Answers provided to questions/clarifications………………………31/01/18
Proposal due date………………………………………………….06/02/18
Subcontract award (estimated) ……………………………………..19/02/18
The dates above may be modified at the sole discretion of Chemonics. Any changes will be published in an amendment to this RFP.

Written Questions and Clarifications. All questions or clarifications regarding this RFP must be in writing and submitted to rfp@usaidpeep.com.pk no later than 1700hrs PST on January 29, 2018. Questions and requests for clarification, and the responses thereto, will be circulated to all RFP recipients who have indicated an interest in this RFP.

Only written answers from Chemonics will be considered official and carry weight in the RFP process and subsequent evaluation. Any answers received outside the official channel, whether received verbally or in writing, from employees or representatives of Chemonics International, PEEP, or any other party, will not be considered official responses regarding this RFP.

Proposal Submission Date. All proposals must be received by 1700hrs on February 06, 2018. Late offers will be considered at the discretion of Chemonics.

Oral Presentations. Chemonics reserves the option to have select offerors participate in oral presentations with the technical evaluation committee. Interviews may consist of oral presentations of offerors’ proposed activities and approaches. Offerors should be prepared to give presentations to the technical evaluation committee at the PEEP office in Lahore within 2 days of receiving notification.

Subcontract Award (estimated). Chemonics will select the proposal that offers the best value based upon the evaluation criteria stated in this RFP.

I.7.       Validity Period

Offerors’ proposals must remain valid for 90 calendar days after the proposal deadline.

I.8.       Evaluation and Basis for Award

An award will be made to the offeror whose proposal is determined to be responsive to this solicitation document, meets the eligibility criteria stated in this RFP, meets the technical, management/personnel, and corporate capability requirements, and is determined to represent the best value to Chemonics. Best value will be decided using the tradeoff process.

This RFP will use the tradeoff process to determine best value. That means that each proposal will be evaluated and scored against the evaluation criteria and evaluation sub-criteria, which are stated in the table below. Cost proposals are not assigned points, but for overall evaluation purposes of this RFP, technical evaluation factors other than cost, when combined, are “significantly more important than” cost factors. If technical scores are determined to be equal or nearly equal, cost will become the determining factor.

In evaluating proposals, Chemonics will use the following evaluation criteria and sub-criteria:
Evaluation Criteria
Evaluation Sub-criteria
Points
Technical Approach, Methodology, and Detailed Work Plan (30)

Technical know-how – Does the proposal clearly explain, understand and respond to the objectives of the project as stated in the Scope of Work?
10

Approach and Methodology – Does the proposed program approach and detailed activities and timeline fulfill the requirements of executing the Scope of Work effectively and efficiently?
10

Sector Knowledge – Does the proposal demonstrate the offeror’s knowledge related to technical sectors required by the SOW? Experience of producing documentaries of Livestock and Dairy Sectors?
5

Description of available equipment and other infrastructure for production and post-production activities
5

Management, Key Personnel, and Staffing Plan (10)

Personnel Qualifications – Do the proposed team members have necessary experience and capabilities to carry out the Scope of Work? Do the team members have experience of working for USAID?
1- Livestock Breeding Expert for Script Writing
2- Director
3- Producer
4- Script Writer
5- Cameraman
6- Editor
10

Corporate Capabilities, Experience, and Past Performance (60)

Company Background and Experience – Does the company have experience relevant to the project Scope of Work?
30

Production quality of previously produced documentaries
30
Total Points
100

Evaluation points will not be awarded for cost.  Cost will primarily be evaluated for realism and reasonableness. If technical scores are determined to be nearly equal, cost will become the determining factor.

This RFP utilizes the tradeoff process set forth in FAR 15.101-1. Chemonics will award a subcontract to the offeror whose proposal represents the best value to Chemonics and the PEEP. Chemonics may award to a higher priced offeror if a determination is made that the higher technical evaluation of that offeror merits the additional cost/price.
I.9.       Negotiations

Best offer proposals are requested. It is anticipated that a subcontract will be awarded solely on the basis of the original offers received. However, Chemonics reserves the right to conduct discussions, negotiations and/or request clarifications prior to awarding a subcontract. Furthermore, Chemonics reserves the right to conduct a competitive range and to limit the number of offerors in the competitive range to permit an efficient evaluation environment among the most highly-rated proposals. Highest-rated offerors, as determined by the technical evaluation committee, may be asked to submit their best prices or technical responses during a competitive range. At the sole discretion of Chemonics, offerors may be requested to conduct oral presentations. If deemed an opportunity, Chemonics reserves the right to make separate awards per component or to make no award at all.


I.10.   Terms of Subcontract

This is a request for proposals only and in no way obligates Chemonics to award a subcontract. In the event of subcontract negotiations, any resulting subcontract will be subject to and governed by the terms and clauses detailed in Section III. Chemonics will use the template shown in section III to finalize the subcontract. Terms and clauses are not subject to negotiation. By submitting a proposal, offerors certify that they understand and agree to all of the terms and clauses contained in section III.

I.11.   Privity   

By submitting a response to this request for proposals, offerors understand that USAID is NOT a party to this solicitation.

Section II        Background, Scope of Work, Deliverables, and Deliverables Schedule

II.1.    Background

USAID’s Punjab Enabling Environment Project (PEEP) is a five-year effort to support the private and public-sector stakeholders in creating a business enabling environment for the agriculture, livestock, and dairy sectors in Punjab. PEEP’s initiatives aim to spur private sector investments and employment generation in the three sub-sectors.

Through its Grants Program, PEEP is supporting Livestock Breeding Services Authority Punjab (LBSAP) to help accelerate implementation of livestock breeding reforms initiated by the Government of Punjab under the Punjab Livestock Breeding Act 2014. The proposed activity will include awareness raising of stakeholders regarding standards and quality of breeding services, training of trainers to create awareness among the farming community on the latest techniques to conserve and develop local genetic resources, and conducting refresher courses for the trainers on the improved/updated techniques employed for breed improvement. The Livestock Breeding Services Authority Punjab (LBSAP) was established by the Government of Punjab under the Punjab Livestock Breeding Act 2014 to regulate the livestock breeding services in Punjab.

In order to have a wider dissemination of this initiative, the project and LBSAP will together develop an educational documentary on Progeny Testing Program under Livestock Breed Improvement including stakeholders’ views and the impact of the reform package. The video should specifically focus on the Progeny Testing Program as well as its impact towards Punjab’s livestock sector.

Audience: The primary audiences for this activity are the stakeholders in the livestock breeding sector including livestock farmers, breeders, Artificial Insemination Technicians (AIT), semen producers, semen distributors, members of public and private AIT training institutes, representatives from breeders associations, and other relevant key players, government officials, existing and potential investors and value chain participants. The secondary audience includes USAID, senior policy makers, media, etc.

II.2.    Scope of Work
Objective: The documentary will cover the following:

  1. An overview of livestock breeding services reforms under USAID PEEP’s partnership with LBSAP
  2. Standards and quality of breeding bulls
  3. Selection process of elite animal required for the production of quality bull calves
  4. Mechanism for the selection of future bull calves
  5. Identification  and performance recording of the daughters to be included into the Progeny Testing Program
  6. Ranking of the bulls based on the milk volume, milk components and body conformation of the daughters

  • The 4 minutes long documentary will introduce L&DDD and LBSAP, highlight the new Punjab Livestock Breeding Act 2014 and subsequent process to carry out the Progeny Testing Program.
It will highlight the main objective of the Progeny Testing Program being implemented for Nili Ravi Buffalo and Sahiwal Cattle
-          30 seconds: Introduction and brief overview
-          1 minute: Progeny Testing Program and its significance
-          30 seconds: Standards of the future bull calves, young test bull and the donor bull
-          1 minute: Performance recording procedures and practices for the recording of milk volume, milk components and body conformation of the daughters
-          1 minute: Impact and way forward

Possible interviews to be included:
Secretary Livestock, Registrar LBSA, Chief of Party USAID PEEP, Representatives of two Livestock Breeders Associations. PEEP will facilitate to the extent of coordinating interviews and seeking permissions from personnel.

Documentary Language:
Voice over/ dubbing required in 4 languages. English, Urdu, Punjabi, Seraiki.

Presentation of Documentary:
It will be a mixture of both voiceover and presenter, however, the major portion of the documentary would be voiceover-based. This will be finalized at the concept stage.

Filming locations:
60 percent outdoor in Districts like Pattoki, Okara, Sahiwal, Rajanpur. This will be finalized at the script/reccee stage.

PEEP will coordinate with Livestock and Dairy Development Department (L&DD D), Government of Punjab for shooting permissions when shooting is conducted at L&DD D premises. For shooting locations other than owned by L&DD D, the sub-contractor will have to arrange for permissions. As development of production schedule for capturing footage is one of the deliverables of the assignment the sub-contractor is required to plan in advance considering all relevant factors to ensure timely completion of assignment.

Shooting days in total: 6-8. Number of shooting days will vary and can be finalized after reccee for each location.

Documentary maker shall use their experience, knowledge of international best practices, and additional understanding to accomplish the following:
           
a.      Provide all pre-production services, that is; background research, concept note, script and screen plays, story board, production schedules. For script and filming, the documentary maker must engage a livestock breeding expert, who understands the Punjab Livestock Breeding Act 2014 and the Progeny Testing Program. The script for all languages will be approved by the project.
b.      Undertake a reccee trip after finalization of the script and before initiating the filming process. This will help finalize the filming locations and plan. 
c.       Provide all production facilities and services including filming crew, all logistics for the crew as well as arrange the travel, boarding and lodging, insurance, and food for the crew members.
d.      All equipment will be arranged by the vendor including high quality HD as well as drone cameras, lights, reflectors and other filming material. Need for crane shots will be determined during reccee.
e.       Arrange for filming permissions from district governments where applicable. PEEP and the Livestock Department will facilitate to the maximum.
f.        Provide for actors/actresses for filming where necessary.
g.      Provide all post-production facilities such as editing, music, graphics, animations, subtitles, translations, final mastering, etc.
h.      Use animations and info-graphics for breeding visuals and technical details which are not visually appropriate.
i.        Following post-award activities should be completed:
·         Detailed concept note should be submitted for the documentary to be developed. This will be a word document.
·         Based on the agreed concept note, script/screen play will be presented. These will be word documents with clear narrative of the prospective visual references and music themes, etc. Vendor must submit English and Urdu scripts in editable form.
·         Based on the agreed script, the vendor will conduct recce visit and develop the day wise production schedule, which will be presented for the approval of the project. This shall include a schedule of the filming days as well as the timelines for post-production activities and the date for final submission. This will be a word/excel document.
·         Sharing of draft video for the project’s review and comments will be done in 2-3 rounds. The draft films will be shared on DVD/USB format. The drafts must be USAID branding and marking compliant, which will be provided by PEEP.
·         Final videos will be delivered on DV Cam format along with 100 DVD copies of each film with branded DVD covers/boxes.
·         50-60 still photographs of the initiative to be submitted, after due photo editing and proper caption/labeling. The vendor will discuss photo opportunities with PEEP before conducting the photo shoot. This will be a word document.
·         All rushes must be delivered on DVD/Hard drive as well as DV Cam format. All DVDs and DV Cams must be properly labeled.

II.3.    Deliverables

The successful offeror shall deliver to Chemonics the following deliverables, in accordance with the schedule set forth in II.4 below.

The documentary maker shall submit the following deliverables:

Sr. #
Deliverable Name
Description
1
Concept note based on discussions with PEEP and LBSAP team
Based on discussions with the PEEP and LBSAP team, to include discussion of innovative approaches to communicating key messages of the documentary. This will be a word document.
2
Script and screen play of the documentary developed in light of the information provided by PEEP and LBSAP.
Based on the agreed concept note, script/screen play will be presented. These will be word documents.
3
Production schedule for capturing footage, as directed by the PEEP and LBSAP teams
Based on the agreed script, the day wise production schedule will be presented for approval. This shall include a schedule of the filming days as well as the timelines for post-production activities and the date for final submission.
4
Sharing of draft video and still photographs for project team review and comments.
This will be done in 2-3 rounds. The draft film and still photographs will be shared on DVD/USB format. The drafts must be USAID branding and marking compliant.
5
Final videos
Final videos will be delivered on DV Cam format along with 100 DVD copies of each film with branded DVD covers/boxes.
6
50-60 still photographs of the selected activity, after due photo editing and proper caption/labeling.

These photos will be of high resolution print ready format (jpeg). All photos in the soft format must be delivered on a separate DVD and each photo must have a caption and labeling.
7
Final delivery of all raw camera shots
All rushes must be delivered on DVD/Hard drive as well as DV Cam format. All DVDs and DV Cams must be properly labeled with detailed description of shots and filming locations.


II.4.    Deliverables Schedule

The successful offeror shall submit the deliverables described above in accordance with the following deliverables schedule:

Deliverable Number
Deliverable Name
Due Date
1
Concept note based on discussions with PEEP and LBSAP team
5 days after subcontract signing
2
Script and screen play of documentary developed in light of the information provided by PEEP and LBSAP
3 weeks after concept approval
3
Production schedule for capturing footage, as directed by the PEEP and LBSAP teams
1 week after script approval
4
Sharing of draft video and still photographs for project team review and comments.

3 weeks after approval of production schedule
5
Final videos
1 weeks after approval of draft videos
6
50-60 still photographs of the selected activity, after due photo editing and proper caption/labeling.

3 days after approval of final videos
7
Final delivery of all rushes
1 week after approval of final videos
*Deliverable numbers and names refer to those fully described in II.3 above.

Section III       Firm Fixed Price Subcontract (Terms and Clauses)

FIXED PRICE SUBCONTRACT

Between

CHEMONICS INTERNATIONAL INC.
And

 (INSERT SUBCONTRACTOR NAME here) 

Hereinafter referred to as the Subcontractor

For

 (insert Contract Name here)
USAID PRIME CONTRACT NO.  (insert contract number here, and Task Order No.  if applicable) 

Subcontract number:    (insert Subcontract Number here)
Start Date:        (insert date here) 
End Date:         (insert date here) 
Total Fixed price:     

ISSUED BY:
Chemonics International Inc.
1717 H Street, N.W.
Washington, D.C. 20006

ISSUED TO:
 (INSERT SUBCONTRACTOR NAME AND ADDRESS

Subcontractor Tax ID Number:  (INSERT Subcontractor Employer Identification Number (EIN) or local tax reference number as applicable  

Subcontractor DUNS Number:  ( Subcontractor DUNS for awards valued at $30,000USD or higher unless exempted.




Contents                                              

The Subcontractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein.

The rights and obligations of the parties to this fixed price subcontract shall be subject to and governed by the following documents: (a) this subcontract; (b) such provisions and specifications as are attached or incorporated by reference herein. (Attachments are listed herein.).

For                                                                               For
Chemonics International Inc.                                      { Subcontractor’s name}

By:                                                                                                                                                      By:

____________________________                                                    _________________________________

{name}                                                                        {name} 
{title of officer}                                                          {title of officer}         
Date Signed: {insert date}                                         Date Signed:{insert date}
Place Signed:{insert place}                                        Place Signed: {insert place}


Chemonics is an Equal Opportunity Employer and we do not discriminate on the basis of race, color, sex, national origin, religion, age, equal pay, disability and genetic information.



Section A.                Background, Scope of Work, Deliverables and Deliverables Schedule

Section B.                 

Section C.                A.1.     Background



A.2.     Scope of Work


A.3.     Deliverables

The Subcontractor shall deliver to Chemonics the following deliverables, in accordance with the schedule set forth in Section A.4, below.

Deliverable No. 1:

Deliverable No. 2:


A.4.     Deliverables Schedule

The Subcontractor shall submit the deliverables described above in accordance with the following Deliverables Schedule:

Deliverable No.*         Deliverable Name*                                                     Due Date
1                                   [Deliverable Name from Section A.3]                      [Date]          
2                                   [Deliverable Name from Section A.3]                      [Date] 

*Deliverable numbers and names refer to those fully described in Section A.3, above.

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

Chemonics may order changes in the scope of work above pursuant to the Federal Acquisition Regulation (FAR) Clause 52.243-1 (Alt.III), Changes—Fixed Price, which is incorporated by reference herein.

Any change in the Subcontractor’s scope of work and/or deliverable(s) requires prior written authorization of Chemonics through a modification to this subcontract.  

Section D.                Reporting and Technical Direction

(a)        Only Chemonics’ Chief of Party (COP)has authority on behalf of Chemonics to make changes to this Subcontract. All modifications must be identified as such in writing and executed by the parties.
(b)        COP will be responsible for monitoring the Subcontractor’s performance under this fixed price subcontract and may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Subcontractor's personnel concerning the Work hereunder. No such action shall be deemed to be a change under the "Changes" clause of this Subcontract and shall not be the basis for equitable adjustment. The COP, or his/her designee, has authority to request, inspect, and accept all services, reports, and required deliverables or outputs.
(c)        Except as otherwise provided herein, all notices to be furnished by Subcontractor shall be in writing and sent to COP or other authorized project staff member.

Section E.                 Period of Performance


The effective date of this fixed price subcontract is  (fill in date when work must begin, not earlier than signature date) , and the completion date is  (fill in date).  The Subcontractor shall deliver the deliverables set forth in Section A., Background, Scope of Work, Deliverables and Deliverables Schedule to the  (designate receiving person)   in accordance with the schedule stipulated therein.

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

Section F.                 Subcontract Fixed Price, Invoicing and Payment


D.1.     Subcontract Fixed Price

As consideration for the delivery of all of the products and/or services stipulated in Section A., Chemonics will pay the Subcontractor a total of  US$ XX,XXX    (Amount must be denominated in local currency if a local subcontract) . This figure represents the total price of this subcontract and is fixed for the period of performance outlined in Section C., Period of Performance.   Chemonics will pay the total price through a series of installment payments.  Chemonics will make each payment subject to Section D.3, below, after Subcontractor’s completion of the corresponding deliverable indicated in the following table:

Installment Number and Amount
Corresponding Deliverable Number(s) and Name(s)*
1.   $XX,XXX  
1.  (Deliverable No. 1 Name)  , AND         
2.  (Deliverable No. 2 Name)  
2.   $YY,YYY  
3.  (Deliverable No. 3 Name)  

*Deliverable numbers and names refer to those fully described in Section A.3, above.



D.2.     Invoicing

Upon technical acceptance of the contract deliverables described in Section A., Background, Scope of Work, Deliverables and Deliverables Schedule, by the Chemonics representative identified herein, the Subcontractor shall submit an original invoice to PEEP for payment. The invoice shall be sent to the attention of (name and designation of person who will receive invoices) and shall include the following information: a) subcontract number, b) deliverables delivered and accepted, c) total amount due in PKR, per Section D.1., above; and d) payment information corresponding to the authorized account listed in D.3, below.

D.3.     Payment Account Information

Chemonics shall remit payment corresponding to approved, complete invoices submitted in accordance with the terms herein payable to the Subcontractor via check sent to the Subcontractor’s official address or to the following authorized account:
Account name:  (INSERT  Account name provided by the Subcontractor) 
Bank name:  (INSERT Subcontractor's bank name)
Bank address or branch location:  (INSERT Subcontractor's bank address or branch location) 
Account number:  (INSERT Subcontractor's bank account SWIFT and IBAN reference as applicable)

D.4.     Payment

Chemonics will pay the Subcontractor’s invoice within thirty (30) business days after both a) Chemonics’ approval of the Subcontractor’s deliverables, and b) Chemonics’ receipt of the Subcontractor’s invoice.  Payment will be made in PKR, paid to the account specified in  Section D.3.

Section G.                Branding Policy

The Subcontractor shall comply with the requirements of the USAID “Graphic Standard Manual” available at www.usaid.gov/branding, or any successor branding policy, and the Project specific branding implementation and marking plan, which shall be conveyed to the Subcontractor by Chemonics in writing.

Section H.                Authorized Geographic Code; Source and Nationality Requirement [AIDAR 752.225-70 (Feb 2012) as altered]


(a)        The authorized geographic code for procurement of goods and services under this subcontract is {insert applicable geographic code}.

(b)        Except as may be specifically approved by Chemonics, the Subcontractor must procure all commodities (e.g., equipment, materials, vehicles, supplies) and services (including commodity transportation services) in accordance with the requirements at 22 CFR Part 228 ―Rules on Procurement of Commodities and Services Financed by USAID Federal Program Funds. Guidance on eligibility of specific goods or services may be obtained from Chemonics.

(c)        Ineligible goods and services. The Subcontractor shall not procure any of the following goods or services under this subcontract:
(1) Military equipment
(2) Surveillance equipment
(3) Commodities and services for support of police and other law enforcement activities
(4) Abortion equipment and services
(5) Luxury goods and gambling equipment, or
(6) Weather modification equipment.

(d) Restricted goods. The Subcontractor shall not procure any of the following goods or services without the prior written approval of USAID obtained through Chemonics:
(1) Agricultural commodities,
(2) Motor vehicles,
(3) Pharmaceuticals and contraceptive items
(4) Pesticides,
(5) Fertilizer,
(6) Used equipment, or
(7) U.S. government-owned excess property.

If Chemonics determines that the Subcontractor has procured any of these specific restricted this subcontract without the prior written authorization of USAID through Chemonics and has received payment for such purposes, Chemonics may require the Subcontractor to refund the entire amount of the purchase.

Section I.                   Intellectual Property Rights


(a) Subcontractor  warrants that the Work performed or delivered under this Subcontract will not infringe or otherwise violate the intellectual property rights of any third party in the United States or any foreign country. Except to the extent that the U.S. Government assumes liability therefor, Subcontractor shall defend, indemnify, and hold harmless Chemonics and its clients from and against any claims, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of any action by a third party that is based upon a claim that the Work performed or delivered under this Subcontract infringes or otherwise violates the intellectual property rights of any person or entity. This indemnity and hold harmless shall not be considered an allowable cost under any provisions of this Subcontract except with regard to allowable insurance costs.

(b) Subcontractor’s obligation to defend, indemnify, and hold harmless Chemonics and its customers under Paragraph (a) above shall not apply to the extent FAR 52.227-1 "Authorization and Consent" applies to Chemonics’ Prime Contract for infringement of a U.S. patent and Chemonics and its clients are not subject to any actions for claims, damages, losses, costs, and expenses, including reasonable attorneys’ fees by a third party.

(c) In addition to any other allocation of rights in data and inventions set forth in this agreement, Subcontractor agrees that Chemonics, in the performance of its prime or higher tier contract obligations (including obligations of follow-on contracts or contracts for subsequent phases of the same program), shall have under this agreement an unlimited, irrevocable, paid-up, royalty-free right to make, have made, sell, offer for sale, use, execute, reproduce, display, perform, distribute (internally or externally) copies of, and prepare derivative works, and authorize others to do any, some or all of the foregoing, any and all, inventions, discoveries, improvements, mask works and patents as well as any and all data, copyrights, reports, and works of authorship, conceived, developed, generated or delivered in performance of this Contract.

(d) The tangible medium storing all reports, memoranda or other materials in written form including machine readable form, prepared by Subcontractor and furnished to Chemonics pursuant to this Subcontract shall become the sole property of Chemonics.

Section J.                  Indemnity and Subcontractor Waiver of Benefits


Subcontractor shall fully indemnify, hold harmless and defend Chemonics and its directors, officers, employees, agents, stockholders and Affiliates (collectively, Indemnified Parties) from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of, relate to or result from acts, errors or omissions of the Subcontractor in performance of this Agreement, in each case whether or not caused by the negligence of Chemonics or any other Indemnified Party and whether or not the relevant Claim has merit.

Section K.                 

Section L.                 Compliance with Applicable Laws and Regulations


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

(b) This contract shall be governed and construed under the laws of the District of Columbia, except that subcontract provisions and requirements that are based on government contract laws, regulations, or Federal Acquisition Regulation clauses shall be construed in accordance with the federal common law of Government Contracts as represented by decisions of the Federal Courts, and the Armed Services and Civilian Boards of Contract Appeals.

Section M.               Privity of Contract and Communications


The Subcontractor shall not communicate with Chemonics’ client in connection with this Subcontract, except as expressly permitted, in writing, by Chemonics. All approvals required from USAID shall be obtained through Chemonics.
This provision does not prohibit the Subcontractor from communicating with the client with respect to:
(a)        matters the Subcontractor is required by law to communicate to the U.S. Government;
(b)        an ethics or anti-corruption matter;
(c)        any matter for which this Subcontract, including a FAR or AIDAR clause is included in this Subcontract, provides for direct communication by the Subcontractor to the U.S. Government; or
(d)       if Subcontractor is a U.S. small business concern, any material matter pertaining to payment or utilization.

Section N.                Protecting Chemonics’ Interests when Subcontractor is Named on Suspected Terrorists or Blocked Individuals Lists, Ineligible to Receive USAID Funding, or Suspended, Debarred or Excluded from Receiving Federal Funds


In addition to any other rights provided under this subcontract, it is further understood and agreed that Chemonics shall be at liberty to terminate this subcontract immediately at any time following any of the following conditions:
(a)        the Subcontractor is named on any list of suspected terrorists or blocked individuals maintained by the U.S. Government, including but not limited to (a) the Annex to Executive Order No. 13224 (2001) (Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or (b) the List of Specially Designated Nationals and Blocked persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury;
(b)        USAID determines that the Subcontractor is ineligible to receive USAID funding pursuant to U.S. laws and regulations; or
(c)        the Subcontractor is identified on the U.S. Government’s Excluded Party List System, or successor listing, as being suspended, debarred, or excluded from receiving federal awards or assistance. 
Notwithstanding any other provision of the Subcontract, upon such termination the Subcontractor shall have no right to receive any further payments. 

Section O.                Governing Law and Resolution of Disputes


(a) Governing law. This Subcontract shall be governed and construed under the laws of the District of Columbia, except that subcontract provisions and requirements that are based on government contract laws, regulations, or Federal Acquisition Regulation clauses shall be construed in accordance with the federal common law of Government Contracts as represented by decisions of the Federal Courts, and the Armed Services and Civilian Boards of Contract Appeals.

(b) Disputes based on Client Actions. 
               (1) Any decision of the Government under the Prime Contract, if binding on Chemonics, shall also bind the Subcontractor to the extent that it relates to this Subcontract, provided that Chemonics shall have promptly notified the Subcontractor of such decision and, if requested by Subcontractor, shall have brought suit or filed claim, as appropriate against the Government, or, in alternative, agreed to sponsor Subcontractor’s suit or claim. A final judgment in any such suit or final disposition of such claim shall be conclusive upon the Subcontractor.
               (2) For any action brought, or sponsored, by Chemonics on behalf of the Subcontractor pursuant to this clause, the Subcontractor agrees to indemnify and hold Chemonics harmless from all costs and expenses incurred by Chemonics in prosecuting or sponsoring any such appeal. 
(c) Other Disputes.  All disputes not covered under subparagraph (b) above shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.  Arbitration shall be conducted in Washington, DC.  Arbitrators shall be empowered to award only direct damages consistent with the terms of this Agreement.  Each party shall bear its own costs of arbitration, including attorneys’ and experts’ fees.  An arbitration decision shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction.
(d) Duty to Continue to Perform.  Notwithstanding any such dispute, the Subcontractor shall proceed diligently with performance under this Subcontract in accordance with the Contractor's directions.
(e) Limitations. Neither party shall be liable to the other for any indirect, consequential, special, incidental, or punitive damages including, without limitation, loss of revenue or profits, loss of production, loss or denial of opportunity or use, loss of market, loss of goodwill, loss of reputation, or damage to credit rating.
The Subcontractor acknowledges and agrees that it has no direct action against the U.S. Government or USAID for any claims arising under this Subcontract.

Section P.                 Set-Off Clause


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

Section Q.                Assignment and Delegation


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

Section R.                Organizational Conflicts of Interest


It is understood and agreed that some of the work performed under this subcontract may place the Subcontractor or its personnel in the position of having an organizational conflict of interest.  Such an organizational conflict of interest may impair the objectivity of the Subcontractor or its personnel in performing the work.  To preclude or mitigate any potential conflicts of interest, Subcontractor agrees not to undertake any activity which may result in an organizational conflict of interest without first notifying Chemonics of such potential conflict of interest and receiving Chemonics written approval to undertake such activities.

Section S.                 Gratuities and Anti-Kickback


(a) Subcontractor shall not offer or give a kickback or gratuity (in the form of entertainment, gifts, or otherwise) for the purpose of obtaining or rewarding favorable treatment as a Chemonics supplier.

(b) By accepting this Subcontract, Subcontractor certifies and represents that it has not made or solicited and will not make or solicit kickbacks in violation of FAR 52.203-7 or the Anti-Kickback Act of 1986 (41 USC 51-58), both of which are incorporated herein by this specific reference, except that paragraph (c)(1) of FAR 52.203-7 shall not apply.

Section T.                 Terrorist Financing Prohibition/ Executive Order 13224


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

Section U.                 

Section V.                Restrictions On Certain Foreign Purchases (FAR 52.225-13)


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

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

The Subcontractor shall insert this clause, including this paragraph, in all subcontracts and subawards issued under this subcontract.

Section W.              Compliance With U.S. Export Laws


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

Section X.                Compliance With U.S. Anti-Corruption Regulations


Subcontractor represents and warrants that it shall comply fully with the anti-bribery provisions of the U.S. Foreign Corrupt Practices Act, as amended (“FCPA”), as well as the a) UN Convention against Corruption (UNCAC), b) OECD Convention on the Bribery of Foreign Public Officials (OECD Convention); and c) any other applicable local anti-corruption laws, rules, and regulations if any part of this subcontract will be performed outside of the United States of America. Specifically, Subcontractor understands and agrees that it shall be unlawful for the Subcontractor and/or any officer, director, employee or agent of the Subcontractor to make any kind of offer, payment, promise to pay, or authorization of the payment of any money, or offer, gift, promise to give, or authorization of the giving of anything of value to:

(a)    any foreign official (or foreign political party) for purposes of either influencing any act or decision of such foreign official in his official capacity, or inducing such foreign official to do or omit to do any act in violation of the lawful duty of such official, or securing any improper advantage, or inducing such foreign official to use his influence with a foreign government, or instrumentality thereof, to affect or influence any act or decision of such government or instrumentality in order to assist such person in obtaining or retaining business for or with, or directing business to any person; or
(b)   any person, while knowing that all or a portion of such money or thing of value will be offered, given, or promised, directly or indirectly, to any foreign official (or foreign political party), or to any candidate for foreign political office, for any of the prohibited purposes described above.

For purposes of this Subcontract "foreign official" means any appointed, elected, or honorary official or employee of a) a foreign government (or if this Subcontract is to be performed outside the United States than of the Host Country) or political party, or b) of a public international organization, or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality, or for or on behalf of any such public international organization (e.g., the UN, DFID, or WHO, or the World Bank).

For purposes of this Article, the “government” includes any agency, department, embassy, or other governmental entity, and any company or other entity owned or controlled by the government.

Section Y.                Subcontractor Performance Standards


(a) Subcontractor agrees to provide the services required hereunder in accordance with the requirements set forth in this Subcontract. Subcontractor undertakes to perform the services hereunder in accordance with the highest standards of professional and ethical competence and integrity in Subcontractor’s industry and to ensure that employees assigned to perform any services under this subcontract will conduct themselves in a manner consistent therewith. The services will be rendered by Subcontractor: (1) in an efficient, safe, courteous, and businesslike manner; (2) in accordance with any specific instructions issued from time to time by Chemonics; and (3) to the extent consistent with items (1) and (2), as economically as sound business judgment warrants. Subcontractor shall provide the services of qualified personnel through all stages of this subcontract. Subcontractor represents and warrants that it is in compliance with all the applicable laws of the United States and any other Jurisdiction in which the services shall be performed. Subcontractor shall perform the services as an independent Subcontractor with the general guidance of Chemonics. The Subcontractor’s employees shall not act as agents or employees of Chemonics.

(b) Chemonics reserves the right to request the replacement of Subcontractor personnel and may terminate the subcontract due to nonperformance by the Subcontractor.

(c) Chemonics will use a variety of mechanisms to stay abreast of the Subcontractor’s performance under the subcontract, and of general progress toward attainment of the subcontract objectives. These may include:

1)      Business meetings between the subcontract team, Chemonics and/or USAID
2)      Feedback from key partners
3)      Site visits by Chemonics personnel
4)      Meetings to review and assess periodic work plans and progress reports
5)      Reports

Section Z.                 Subcontractor Employee Whistleblower Rights


This Subcontract and Subcontractor employees working on this subcontract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L.112-239) and FAR 3.908.

The Subcontractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

If lower tier subcontracting is authorized in this subcontract, the Subcontractor shall insert the substance of this clause in all subcontracts over the simplified acquisition threshold.

Section AA.          Reporting on Subcontractor Data Pursuant to the Requirements of the Federal Funding Accountability and Transparency Act


a)         Public Availability of Information.
Pursuant to the requirements of FAR 52.204-10, Chemonics is required to report information regarding its award of subcontracts and sub-task orders under indefinite delivery/indefinite quantity subcontracts to the Federal Funding Accountability and TransparencyAct Subaward Reporting System (FSRS). This information will be made publicly available at http://www.USASpending.gov.

(b)        Subcontractor’s Responsibility to Report Identifying Data.
Within 7 days of an award of a subcontract or sub-task order with a value of $30,000 or greater unless exempted, the Subcontractor shall report its identifying data required by FAR 52.204-10 (including executive compensation, if applicable) in the required questionnaire and certification found in Section I.6. If the Subcontractor maintains a record in the System for Award Management (www.SAM.gov), the Subcontractor shall keep current such registration, including reporting of executive compensation data, as applicable. If reporting of executive compensation is applicable and the Subcontractor does not maintain a record in the System for Award Management, Subcontractor shall complete the “FSRS Reporting Questionnaire and Certification” found in Section I.6 within 7 days of each  anniversary of the subcontract award date.

(c)        Impracticality of Registration.
If obtaining a DUNS number and reporting data is impractical for the Subcontractor, the Subcontractor must notify Chemonics and shall submit to Chemonics within 7 days of subcontract award a memorandum detailing the attempts made by the Subcontractor to obtain registration and a justification of why registration and/or data reporting was impractical. Contractual remedies may apply unless Chemonics concurs with the documented impracticality of registration.

(d)        Remedy.
Failure to comply with the reporting requirements in a timely manner as required under this section may constitute a material breach of the Subcontract and cause for withholding payment to the Subcontractor until the required information has been supplied to Chemonics or the Subcontractor demonstrates to Chemonics that its System for Award Management record has been updated. In addition to contractual remedies, Chemonics may make the Subcontractor’s failure to comply with the reporting requirements a part of the Subcontractor’s performance information record.

Section BB.            

Section CC.           Miscellaneous


(a) This Subcontract embodies the entire agreement and understanding among the parties hereto with respect to the subject matter hereof and supersedes all prior oral or written agreements and understandings between or among the parties relating to the subject matter hereof. No statement, representation, warranty, covenant, or agreement of any kind not expressly set forth in this Subcontract shall affect, or be used to interpret, change, or restrict the express terms and provisions of this Subcontract. Each of the parties hereto agrees to cooperate with the other parties hereto in effectuating this Subcontract and to execute and deliver such further documents or instruments and to take such further actions as shall be reasonably requested in connection therewith.

(b) All statements, representations, warranties, covenants, and agreements in this Subcontract shall be binding on the parties hereto and shall inure to the benefit of the respective successors and permitted assigns of each Party hereto. Nothing in this Subcontract shall be construed to create any rights or obligations except among the parties hereto, and no person or entity shall be regarded as a third‑party beneficiary of this Subcontract.

(c) In the event that any court of competent jurisdiction shall determine that any provision, or any portion thereof, contained in this Subcontract shall be unenforceable or invalid in any respect, then such provision shall be deemed limited to the extent that such court deems it valid or enforceable, and as so limited shall remain in full force and effect. In the event that such court shall deem any such provision partially or wholly unenforceable, the remaining provisions of this Subcontract shall nevertheless remain in full force and effect.

(d) The headings and captions contained in this Subcontract are for convenience only and shall not affect the meaning or interpretation of this Subcontract or of any of its terms or provisions.

(e) Unless otherwise specifically agreed in writing to the contrary: (i) the failure of any party at any time to require performance by the other of any provision of this Subcontract shall not affect such party’s right thereafter to enforce the same; (ii) no waiver by any party of any default by any other shall be valid unless in writing and acknowledged by an authorized representative of the non-defaulting party, and no such waiver shall be taken or held to be a waiver by such party of any other preceding or subsequent default; and (iii) no extension of time granted by any party for the performance of any obligation or act by any other party shall be deemed to be an extension of time for the performance of any other obligation or act hereunder.

(f) Each party has been represented by its own counsel in connection with the negotiation and preparation of this Subcontract and, consequently, each party hereby waives the application of any rule of law that would otherwise be applicable in connection with the interpretation of this Subcontract, including but not limited to any rule of law to the effect that any provision of this Subcontract shall be interpreted or construed against the party whose counsel drafted that provision.

(g) This Agreement may be executed in any number of counterparts, and by different parties hereto on separate counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.


Section DD.          Federal Acquisition Regulation (FAR) And Agency For International Development Acquisition Regulation (AIDAR) Flowdown Provisions For Subcontracts And Task Orders Under USAID Prime Contracts


Y.1      INCORPORATION OF FAR AND AIDAR CLAUSES
The FAR and AIDAR clauses referenced below are incorporated herein by reference, with the same force and effect as if they were given in full text, and are applicable, including any notes following the clause citation, to this Subcontract. If the date or substance of any of the clauses listed below is different from the date or substance of the clause actually incorporated in the Prime Contract referenced by number herein, the date or substance of the clause incorporated by said Prime Contract shall apply instead. The Contracts Disputes Act shall have no application to this Subcontract. Any reference to a "Disputes" clause shall mean the "Disputes" clause of this Subcontract.
Y.2      GOVERNMENT SUBCONTRACT
(a)        This Subcontract is entered into by the parties in support of a U.S. Government contract.
(b)        As used in the AIDAR clauses referenced below and otherwise in this Subcontract:
1.      "Commercial Item" means a commercial item as defined in FAR 2.101.
2.      "Contract" means this Subcontract.
3.      "Contracting Officer" shall mean the U.S. Government Contracting Officer for Chemonics'       government prime contract under which this Subcontract is entered.
4.      "Contractor" and "Offeror" means the Subcontractor, which is the party identified on the face    of the Subcontract with whom Chemonics is contracting, acting as the immediate          subcontractor to Chemonics.
5.      "Prime Contract" means the contract between Chemonics and the U.S. Government. 
6.      "Subcontract" means any contract placed by subcontractor or lower-tier subcontractors under     this Contract.
Y.3      NOTES
The following notes apply to the clauses incorporated by reference below only when specified in the parenthetical phrase following the clause title and date.
1.      Substitute "Chemonics" for "Government" or "United States" throughout this clause.
2.      Substitute "Chemonics Procurement Representative" for "Contracting Officer",   "Administrative Contracting Officer", and "ACO" throughout this clause.
3.      Insert "and Chemonics" after "Government" throughout this clause.
4.      Insert "or Chemonics" after "Government" throughout this clause.
5.      Communication/notification required under this clause from/to Subcontractor to/from the       USAID Contracting Officer shall be through Chemonics.
6.      Insert "and Chemonics" after "Contracting Officer", throughout the clause.
7.      Insert "or Chemonics Procurement Representative" after "Contracting Officer", throughout the       clause.
8.      If the Subcontractor is a non-U.S. firm or organization, this clause applies to this Subcontract     only if Work under the Subcontract will be performed in the United States or Subcontractor is       recruiting employees in the United States to Work on the Contract.
Y.4      MODIFICATIONS REQUIRED BY PRIME CONTRACT
The Subcontractor agrees that upon the request of Chemonics it will negotiate in good faith with Chemonics relative to modifications to this Subcontract to incorporate additional provisions herein or to change provisions hereof, as Chemonics may reasonably deem necessary in order to comply with the provisions of the applicable Prime Contract or with the provisions of modifications to such Prime Contract. If any such modifications to this Subcontract causes an increase or decrease in the cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment may be made pursuant to the "Changes" clause of this Subcontract.
Y.5      PROVISIONS INCORPORATED BY REFERENCE
This Subcontract includes the appropriate flow-down clauses as required by the Federal Acquisition Regulation and the USAID Acquisition Regulation.
The following Federal Acquisition Regulation (FAR) clauses apply to this Subcontract as indicated:
Clause Number
Title
Date
Notes and Applicability
DEFINITIONS
NOV 2013
All subcontracts regardless of value
GRATUITIES
APR 1984
All subcontracts regardless of value (Note 4 applies)
COVENANT AGAINST CONTINGENT FEES
MAY 2014
All subcontracts regardless of value (Note 1 applies)
RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT
SEP 2006
Cost reimbursement subcontracts and cost reimbursement task orders (Note 4 applies)
ANTI-KICKBACK PROCEDURES
MAY 2014
All subcontracts regardless of value (Note 1 applies)
CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY
MAY 2014
All subcontracts equal to or greater than $150,000 (Note 1 applies)
PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY
MAY 2014
All subcontracts equal to or greater than $150,000 (Note 1 applies)
CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
SEP 2007
All subcontracts equal to or greater than $150,000 (Note 2 applies)
LIMITATIONS ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
OCT 2010
All subcontracts equal to or greater than $150,000 (Note 2 applies)
CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT
APR 2010
All subcontracts > $5,000,000 with a period of performance of 120 days or more. Disclosures made under this clause shall be made directly to the Government entities identified in the clause.
DISPLAY OF HOTLINE POSTER(S)
DEC 2007
All Subcontracts > $5,000,000 except those performed entirely outside of the U.S. (Note 8 applies)
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
SEP 2013
All Subcontracts equal to or greater than $150,00
DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER
JUL 2013
All Subcontracts equal to or greater than $25,000
REPORTING EXECUTIVE COMPENSATION AND FIRST TIER SUBCONTRACT AWARDS (Subparagraph (d)(2) does not apply.)
JUL 2013
If the Subcontractor meets the thresholds specified in paragraphs (d)(3) and (g)(2) of the clause, the Subcontractor shall report required executive compensation by posting to the Government's Central Contractor Registration (CCR) database. All information posted will be available to the general public.
PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS -REPRESENTATION
DEC 2014
All subcontracts regardless of value (Note 1 applies)
PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
AUG 2013
All Subcontracts > $30,000. (Note 2 applies)
PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
DEC 2014
All subcontracts regardless of value (Note 1 applies)
AUDITS AND RECORDS - NEGOTIATION
OCT 2010
All Subcontracts > $150,000. (Note 3 applies. Alternate II applies if the Subcontractor is an educational or non-profit organization.)
PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA
Rights and obligations under this clause shall survive completion of the Work and final payment under this Subcontract.
AUG 2011
Applies if submission of certified cost or pricing data was required with Subcontractor’s proposal. (Notes 2 and 4 apply except the first time "Contracting Officer" appears in paragraph (c)(1). "Government" means "Chemonics" in paragraph (d)(1).)
PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA -- MODIFICATIONS Rights and obligations under this clause shall survive completion of the Work and final payment under this Subcontract.
AUG 2011
Applies if submission of certified cost or pricing data is required for modifications. (Notes 1, 2 and 4 apply.)
SUBCONTRACTOR CERTIFIED COST OR PRICING DATA
OCT 2010
Applies if Subcontract > $700,000 and is not otherwise exempt under FAR 15.403.
SUBCONTRACTOR CERTIFIED COST OR PRICING DATA—MODIFICATIONS
OCT 2010
Applies if Subcontract > $700,000 and is not otherwise exempt under FAR 15.403.
INTEGRITY OF UNIT PRICES
OCT 2010
Applies if Subcontract > $150,000. Delete paragraph (b) of the clause.
PENSION ADJUSTMENTS AND ASSET REVERSIONS
OCT 2010
Applies if Subcontract meets the applicability requirements of FAR 15.408(g). (Note 5 applies.)
FACILITIES CAPITAL COST OF MONEY
JUN 2003
Applies if Subcontract is subject to the Cost Principles at FAR Subpart 31.2 and Subcontractor proposed facilities capital cost of money in its proposal.
WAIVER OF FACILITIES CAPITAL COST OF MONEY
OCT 1997
Applies if Subcontract is subject to the Cost Principles at FAR Subpart 31.2 and Subcontractor did not propose facilities capital cost of money in its proposal.
REVERSION OR ADJUSTMENT OF PLANS FOR POST-RETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS
JUL 2005
Applicable if this Subcontract meets the applicability requirements of FAR 15.408(j). (Note 5 applies.)
NOTIFICATION OF OWNERSHIP CHANGES
OCT 1997
Applies if this Subcontract meets the applicability requirements of FAR 15.408(k). (Note 5 applies.)
REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR INFORMATION OTHER THAN CERTIFIED COST OR PRICING DATA.
OCT 2010
(Note 2 applies.)
REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR INFORMATION OTHER THAN CERTIFIED COST OR PRICING DATA -MODIFICATIONS
OCT 2010
(Note 2 applies)
LIMITATION ON PASS-THROUGH CHARGES
OCT 2009
Applies for cost-reimbursement subcontracts > $150,000. (Notes 1, 2 and 4 apply.)
ALLOWABLE COST AND PAYMENT
Alt II applies to educational institutions.
Alt IV applies to non-profit organizations.
JUN 2013
Applies to Cost Reimbursement Subcontracts, and to the materials portion of Time & Materials (T&M) Subcontracts, and Sub-task Orders. (Note 1 applies except in except in paragraphs (a)(3) and (b)(1)(ii)(F) where note 3 applies. Note 2 applies except in paragraph (g) where note 7 applies. The blank in paragraph (a)(3) is completed with "the 30th" unless otherwise specified in this Subcontract. Paragraphs (a)(2), (b)(4), and (d)(4) are deleted. In paragraph (h) "six years" is changed to "5 years." The references to government entities in paragraph (d) are unchanged.)
FIXED FEE
JUN 2011
Applies only if this Subcontract includes a fixed fee. Delete the last two sentences of the clause. Does not apply if this is a T&M Subcontract or Task Order. (Notes 1 and 2 apply.)
INCENTIVE FEE
JUN 2011
Applies only if this Subcontract includes an incentive fee. Does not apply if this is a T&M Subcontract or Task Order. (Notes 1 and 2 apply, except in paragraphs (e)(4)(v) and (e)(4)(vi) where "Government" is unchanged. Subparagraph (e)(4)(iv) and the last two sentences of paragraph (c)(2) are deleted. The amounts in paragraph (e) are set forth in the Subcontract. )
COST CONTRACT - NO FEE
APR 1984
Applies only to Cost Reimbursement-No Fee Subcontracts. Does not apply if this is a T&M Subcontract or Task Order. (Notes 1 and 2 apply.)
ORDERING
OCT 1995
Applies to Indefinite Quantity Subcontracts (IQS) Or Indefinite Delivery Indefinite Quantity (IDIQ) Subcontracts only.
ORDER LIMITATIONS
OCT 1995
Applies to Indefinite Quantity Subcontracts (IQS) Or Indefinite Delivery Indefinite Quantity (IDIQ) Subcontracts only.
INDEFINITE QUANTITY
OCT 1995
Applies to Indefinite Quantity Subcontracts (IQS) Or Indefinite Delivery Indefinite Quantity (IDIQ) Subcontracts only.
OPTION TO EXTEND SERVICES
NOV 1999
Insert “30 days” as the period of time within which Chemonics may exercise the option. (Notes 1 and 2 apply.)
OPTION TO EXTEND THE TERM OF THE CONTRACT
MAR 2000
Insert “30 days” and “60 days” as the periods of time set forth in the clause. Delete paragraph (c) of the clause. (Notes 1 and 2 apply.)
UTILIZATION OF SMALL BUSINESS CONCERNS
JUL 2013
Applies to all Subcontracts >$150,000 except when the Subcontract will be performed entirely outside of the U.S. (Note 8 applies.)
SMALL BUSINESS SUBCONTRACTING PLAN
(If a subcontracting plan was required by the RFP, the plan is incorporated herein by reference.)
JUL 2013
Applies if this Subcontract > $650,000 and if the Subcontract offers lower-tier subcontracting opportunities. The clause does not apply at any value if the Subcontractor is U.S. small business concern. Note 2 is applicable to paragraph (c) only. (Note 8 applies.)
PAYMENT FOR OVERTIME PREMIUMS
JUL 1990
Applicable to Cost Reimbursement Subcontracts > $150,000 only. Refers to overtime premiums for work performed in the U.S. subject to U.S. Department of Labor laws and regulations. Insert Zero in the blank. (Notes 2 and 3 apply.)
CONVICT LABOR
JUN 2003
Applies to all Subcontracts >$3,000 involving some or all performance in the U.S.
PROHIBITION OF SEGREGATED FACILITIES
FEB 1999
(Note 8 applies.) Does not apply to work performed outside the United States by Subcontractor employees who were not recruited within the United States.
PREVIOUS CONTRACTS AND COMPLIANCE REPORT
FEB 1999
Applies if clause 52.222-26 applies.
EQUAL OPPORTUNITY
MAR 2007
(Note 8 applies.) Does not apply to work performed outside the United States by Subcontractor employees who were not recruited within the United States.
NOTIFICATION OF VISA DENIAL
JUN 2003
Applies to all Subcontracts regardless of type or value.
EQUAL OPPORTUNITY FOR VETERANS
SEP 2010
Applies if this Subcontract is for $100,000 or more. Does not apply to Subcontracts issued to non-U.S. firms where the work is performed entirely outside the U.S. (Note 8 applies.)
AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES
OCT 2010
Applies if this Subcontract exceeds $15,000. Does not apply to Subcontracts issued to non-U.S. firms where the work is performed entirely outside the U.S. (Note 8 applies.)
EMPLOYMENT REPORTS ON VETERANS
SEP 2010
Applies if this Subcontract is for $100,000 or more. Does not apply to Subcontracts issued to non-U.S. firms where the work is performed entirely outside the U.S. (Note 8 applies.)
NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT
DEC 2010
Applies to Subcontracts > $10,000. Does not apply to Subcontracts performed entirely outside the U.S. Does not apply to Subcontracts issued to non-U.S. firms where the work is performed entirely outside the U.S. (Note 8 applies.)
COMBATING TRAFFICKING IN PERSONS (Alternate I applies when work is performed outside the U.S. and it is included in the Prime Contract)
MAR 2015
Applies to all Subcontracts, regardless of type, value. (Note 2 applies starting in paragraph c. In paragraph (h) Note 1 applies.)
EMPLOYMENT ELIGIBILITY VERIFICATION
AUG 2013
Applies to Subcontracts > $3,000 except for a) commercial services that are part of the purchase of a Commercial Off-the-Shelf (COTS) item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item; b) Subcontracts for work that will be performed outside the United States; or Subcontracts with a period of performance < 120 days. (Note 8 applies.)
DRUG-FREE WORKPLACE
MAY 2001
Applies to all Subcontracts regardless of value or type. (Notes 2 and 4 apply)
ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING
AUG 2011
Applies if this Subcontract > $3,000. (Note 8 applies.)
BUY AMERICAN ACT -- SUPPLIES
FEB 2009
Applies if the Statement of Work contains other than domestic components. (Note 2 applies.)
RESTRICTIONS ON CERTAIN FOREIGN PURCHASES
JUN 2008
Applies to all Subcontracts regardless of value or type
INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT
FEB 2000
Applies to all Subcontracts regardless of value or type
AUTHORIZATION AND CONSENT
DEC 2007
Applies if the Subcontract >$150,000. (Notes 4 and 7 apply.)
NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT
DEC 2007
Applies if this Subcontract >$150,000. (Notes 2 and 4 apply.)
REFUND OF ROYALTIES
APR 1984
Applies if this Subcontract includes royalties
RIGHTS IN DATA - GENERAL
DEC 2007
Applies to all subcontracts regardless of type or value. Delete paragraph (d) which is replaced by AIDAR 752.227-14.
WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT)
JUL 2014
Applies to all Subcontracts, regardless of type or value. See also AIDAR 752.228-3.
WORKER’S COMPENSATION AND WAR-HAZARD INSURANCE OVERSEAS
APR 1984
Applies to all Subcontracts, regardless of type or value, only if the Prime Contracts includes this clause.
INSURANCE—LIABILITY TO THIRD PERSONS
MAR 1996
Applicable to Cost Reimbursement Subcontracts and Task Orders of any value. (Notes 4 and 7 apply)
CARGO INSURANCE
MAY 1999
Applicable to Subcontracts of any value if the Subcontractor is authorized to provide transportation-related services. Chemonics will provide values to complete blanks in this clause upon authorizing transportation services.
(see also AIDAR 752.228-9)
TAXES – FOREIGN FIXED PRICE CONTRACTS
JUN 2003
Applies to Fixed Price Subcontracts of any value.
TAXES—FOREIGN COST-REIMBURSEMENT CONTRACTS
MAR 1990
Applicable to Cost Reimbursement and T&M Subcontracts and Task Orders, regardless of value. Insert name of host country government in first blank in the clause. Insert name of host country in second blank in the clause.
COST ACCOUNTING STANDARDS
MAY 2012
Applies only when referenced in this Subcontract that full CAS coverage applies. "United States" means "United States or Chemonics.” Delete paragraph (b) of the clause.
DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES
MAY 2012
Applies only when referenced in this Subcontract that modified CAS coverage applies. "United States" means "United States or Chemonics.” Delete paragraph (b) of the clause.
DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES FOR CONTRACTS AWARDED TO FOREIGN CONCERNS
MAY 2012
Applies only when referenced in this Subcontract, modified CAS coverage applies. Note 3 applies in the second and third sentences.
COST ACCOUNTING STANDARDS -- EDUCATIONAL INSTITUTIONS
MAY 2012
"United States" means "United States or Chemonics." Delete paragraph (b) of the Clause. Applies only when referenced in this Subcontract that this CAS clause applies.
ADMINISTRATION OF COST ACCOUNTING STANDARDS
JUN 2010
Applies if FAR 52.230-2, FAR 52.230-3, FAR 52.230-4 or FAR 52.230-5 applies.
LIMITATION OF COST
APR 1984
Applies if this Subcontract is a fully funded Cost Reimbursement or T&M Subcontract or Task Order. (Notes 1 and 2 apply.
LIMITATION OF FUNDS
APR 1984
Applies if this Subcontract is an incrementally funded Cost Reimbursement or T&M Subcontract or Task Order. (Notes 1 and 2 apply.)
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
DEC 2013
Applies if the Subcontractor is a U.S. small business and Chemonics receives accelerated payments under the prime contract. (Note 1 applies.)
PROTEST AFTER AWARD
Alternate I (JUN 1985) applies if this is a cost-reimbursement contract). In the event that Chemonics’ client has directed Chemonics to stop performance of the Work under the Prime Contract under which this Subcontract is issued pursuant to FAR 33.1, Chemonics may, by written order to the Subcontractor, direct the Subcontractor to stop performance of the Work called for by this Subcontract.
AUG 1996
"30 days" means "20 days" in paragraph (b)(2). Note 1 applies except the first time "Government" appears in paragraph (f). In paragraph (f) add after "33.104(h) (1)" the following: "and recovers those costs from Chemonics".
RESTRICTION ON SEVERANCE PAYMENTS TO FOREIGN NATIONALS
AUG 2003
Applies to Subcontracts--regardless of type and value--that include provision of host country national personnel.
INSTRUCTIONS: INCLUDE THIS ONLY IF IT APPEARS IN THE PRIME CONTRACT.
WAIVER OF LIMITATION ON SEVERANCE PAYMENTS TO FOREIGN NATIONALS
MAY 2014
Applies to Subcontracts—regardless of type and value--that include provision of host country national personnel ONLY if the Prime Contracts includes this clause.
NOTICE OF INTENT TO DISALLOW COSTS
APR 1984
Applies to Cost Reimbursement and T&M Subcontracts and Task Orders of any value.
PENALTIES FOR UNALLOWABLE COSTS
MAY 2014
Applies to all subcontracts > $700,000, regardless of subcontract type.
CERTIFICATION OF FINAL INDIRECT COSTS

Applies to Cost Reimbursement and T&M Subcontracts and Task Orders that provide for reimbursement of Subcontractor indirect cost rates, regardless of subcontract value.
BANKRUPTCY
JUL 1995
Notes 1 and 2 apply.
STOP-WORK ORDER
Alternate I (APR 1984) applies if this is a cost-reimbursement Subcontract.
AUG 1989
Notes 1 and 2 apply.
CHANGES-FIXED PRICE (Alt III)
AUG 1987
Apples to Fixed Price Subcontracts of any value.
CHANGES - COST REIMBURSEMENT
AUG 1987
Notes 1 and 2 apply. Applies if this is a Cost Reimbursement Subcontract or Task Order.
CHANGES - TIME-AND-MATERIALS OR LABOR-HOUR
SEP 2000
Notes 1 and 2 apply. Applies if this is a T&M Subcontract or Task Order.
SUBCONTRACTS FOR COMMERCIAL ITEMS
DEC 2013
Applies to Subcontracts for commercial items only.
GOVERNMENT PROPERTY (APR 2012) (ALT I)
APR 2012
"Contracting Officer" means "Chemonics" except in the definition of Property Administrator and in paragraphs (h)(1)(iii) where it is unchanged, and in paragraphs (c) and (h)(4) where it includes Chemonics. "Government" is unchanged in the phrases "Government property" and "Government furnished property" and where elsewhere used except in paragraph (d)(1) where it means "Chemonics" and except in paragraphs (d)(2) and (g) where the term includes Chemonics.
INSPECTION OF SUPPLIES - COST REIMBURSEMENT
Applies to Cost Reimbursement Subcontracts and Task Orders.
MAY 2001
Note 1 applies, except in paragraphs (b), (c), and (d) where Note 3 applies, and in paragraph (k) where the term is unchanged. In paragraph (e), change "60 days" to "120 days", and in paragraph (f) change "6 months" to "12 months"
INSPECTION OF SERVICES – FIXED PRICE
AUG 1996
Applies to Fixed Priced Subcontracts of any value.
INSPECTION OF SERVICES—COST REIMBURSEMENT

MAY 2001
Applies to Cost Reimbursement Subcontracts of any value. (Note 3 applies in paragraphs (b) and (c). Note 1 applies in paragraphs (d) and (e).)
INSPECTION—TIME-AND-MATERIAL AND LABOR-HOUR
MAY 2001
Applies to T&M Subcontracts and Task Orders of any value. In paragraphs (b),(c),(d), Note 3 applies; in paragraphs (e),(f),(g),(h), Note 1 applies.)
LIMITATION OF LIABILITY - SERVICES
FEB 1997
Applies to Subcontracts for $150,000 or more.
PREFERENCE FOR U.S.-FLAG AIR CARRIERS
JUN 2003
Applies to all Subcontracts that include international air travel.
PREFERENCE FOR PRIVATELY OWNED U.S. FLAG COMMERCIAL VESSELS
FEB 2006
Applies for Subcontracts that include provision of freight services.
SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT
FEB 2006
Applies to Subcontracts that include provision of freight services.
TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM)
APR 1984
Applies to all Fixed Price Subcontracts.
TERMINATION (COST-REIMBURSEMENT)
Alternate IV (SEP 1996) applies if this is a time and materials Subcontract.)
MAY 2004
Notes 1 and 2 apply. Substitute "90 days" for "120 days" and "90-day" for "120-day" in paragraph (d). Substitute "180 days" for "1 year" in paragraph (f). In paragraph (j) "right of appeal", "timely appeal" and "on an appeal" shall mean the right to proceed under the "Disputes" clause of this Contract. Settlements and payments under this clause may be subject to the approval of the Contracting Officer.
DEFAULT FIXED PRICE SUPPLY & SERVICE
APR 1984
Applies to all Fixed Price Subcontracts.
EXCUSABLE DELAYS
APR 1984
(Note 2 applies; Note 1 applies to (c). In (a)(2) delete "or contractual".)

The following Agency For International Development Acquisition Regulations (AIDAR) clauses apply to this Contract:
 Clause Number
 Title
 Date
 Notes and Applicability

 752.202-1
DEFINITIONS (ALT 70 AND ALT 72)
 JAN 1990
 Applies to all Subcontracts, regardless of value or type. “Contractor” and “Contractor Employee” refer to “Subcontractor” and “Subcontractor Employee”.
 752.211-70
LANGUAGE AND MEASUREMENT
 JUN 1992
Applies to all Subcontracts, regardless of type or value
 752.225-70
SOURCE AND NATIONALITY REQUIREMENTS
 FEB 2012
Applies to all Subcontracts, regardless of type or value. (Notes 4, 5 and 7 apply)
 752.227-14
RIGHTS IN DATA – GENERAL
 OCT 2007
Applies to all Subcontracts regardless of type or value. This clause replaces paragraph (d) of FAR 52.227-14 Rights in Data—General.
 752.228-3
WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT)

The supplemental coverage described in this clause is required in addition to the coverage specified in FAR 52.228-3.
 752.228-7

INSURANCE – LIABILITY TO THIRD PERSONS





The coverage described in this clause is added to the clause specified in FAR 52.228-7 as either paragraph (h) (if FAR 52.228-7 Alternate I is not used) or (i) (if FAR 52.228-7 Alternate I is used): (See FAR 52.228)
752.228-9
 CARGO INSURANCE





The following preface is to be used preceding the text of the clause at FAR 52.228-9: Preface: To the extent that marine insurance is necessary or appropriate under this contract, the Subcontractor shall ensure that U.S. marine insurance companies are offered a fair opportunity to bid for such insurance. This requirement shall be included in all lower-tier subcontracts.
752.228-70

MEDICAL EVACUATION (MEDEVAC) SERVICES
JUL 2007
Applies to all Subcontracts requiring performance outside the U.S.
752.231-71

SALARY SUPPLEMENTS FOR HG EMPLOYEES (THE SUBCONTRACTOR SHALL FLOW DOWN THIS CLAUSE TO LOWER-TIER SUBCONTRACTS, IF LOWER-TIER SUBCONTRACTING IS AUTHORIZED.)
 OCT 1998
 Applies to all Subcontracts, regardless of value or type, with a possible need for services of a Host Government employee. (Note 5 applies)
752.245-71



TITLE TO AND CARE OF PROPERTY
APR 1984
Applies to Subcontracts where the Subcontractor is authorized by Chemonics to purchase property under the Subcontract for use outside the U.S. (Note 5 applies)
 752.247-70
PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS
OCT 1996
(Note 5 applies)
752.7001
BIOGRAPHICAL DATA
JUL 1997
Applies to all Cost Reimbursement Subcontracts and Task Orders, and T&M Subcontracts and Task Orders utilizing a multiplier, regardless of value. (Note 3 applies)
752.7002
TRAVEL AND TRANSPORTATION
JAN 1990
Applies to all Cost Reimbursement and T&M Subcontracts and Task Orders performed in whole or in part outside the U.S., regardless of value. (Note 5 applies)
752.7004
EMERGENCY LOCATOR INFORMATION
JUL 1997
Applies to all Subcontracts performed in whole or in part outside the U.S., regardless of value. (Note 5 applies)
752.7005
SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE DOCUMENTS
SEP 2013
Applies to all Subcontracts. (Note 5 applies)
752.7007
PERSONNEL COMPENSATION
JUL 2007
Applies to all Cost Reimbursement Subcontracts and Task Orders and T&M Subcontracts and Task Orders with a multiplier, regardless of value.
752.7008
USE OF GOVERNMENT FACILITIES OR PERSONNEL
APR 1984
Applies to all Subcontracts regardless of value or type. (Note 5 applies)
752.7009
MARKING
JAN 1993
Applies to all Subcontracts. (Note 5 applies)
752.7010
CONVERSION OF U.S. DOLLARS TO LOCAL CURRENCY
APR 1984
Applies to all Subcontracts, regardless of value or type, involving performance outside the U.S. (Note 5 applies)
752.7011
ORIENTATION AND LANGUAGE TRAINING
APR 1984
Applies to Cost Reimbursement Subcontracts and Task Orders, regardless of value, involving performance outside the U.S. (Note 5 applies)
752.7012
PROTECTION OF THE INDIVIDUAL AS A RESEARCH SUBJECT 

AUG 1995
Applies to any Subcontract, regardless of value or type, which involves research using human subjects. (Note 5 applies)
752.7014
NOTICE OF CHANGES IN TRAVEL REGULATIONS
JAN 1990
Applies to Cost Reimbursement and T&M Subcontracts of any value involving work outside the U.S. (Note 2 applies)
752.7025
APPROVALS
APR 1984
Applies to all Subcontracts. (Note 5 applies)
752.7027
PERSONNEL
DEC 1990
Applies to all Cost Reimbursement and T&M Subcontracts of any value involving work performed in whole or in part overseas. Paragraphs (f) and (g) of this clause are for use only in cost reimbursement and T&M contracts. (Note 5 applies)
752.7028

DIFFERENTIALS AND ALLOWANCES
APPLIES TO ALL COST REIMBURSEMENT AND T&M SUBCONTRACTS OF ANY VALUE INVOLVING WORK PERFORMED IN WHOLE OR IN PART OVERSEAS.
JUL 1996

This clause does not apply to TCN and CCN employees. TCN and CCN employees are not eligible for differentials and allowances, unless specifically authorized by the cognizant Assistant Administrator or Mission Director. A copy of such authorization shall be retained and made available as part of the contractor’s records which are required to be preserved and made available by the “Examination of Records by the Comptroller General” and “Audit” clauses of this contract.) (Note 5 applies)
752.7029
POST PRIVILEGES
JUL 1993
For use in all non-commercial subcontracts involving performance overseas.
752.7031
LEAVE AND HOLIDAYS
OCT 1989
For use in all cost-reimbursement and T&M subcontracts for technical or professional services. (Note 5 applies)
752.7032
INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION REQUIREMENTS
APR 2014
Applies to all subcontracts requiring international travel. (Note 5 applies)
752.7033
PHYSICAL FITNESS (JULY 1997)


JUL 1997, PARTIALLY REVISED AUG 2014
Applies to all Subcontracts of any type or value involving performance outside the U.S. The requirements of this provision do not apply to employees hired in the Cooperating Country or to authorized dependents who were already in the Cooperating Country when their sponsoring employee was hired. (Note 5 applies)
752.7034
ACKNOWLEDGMENT AND DISCLAIMER
DEC 1991

Applies to Subcontracts of any type or value that include in the Scope of Work publications, videos, or other information/media products. (Note 5 applies)
752.7101
VOLUNTARY POPULATION PLANNING ACTIVITIES
JUN 2008
If a subcontract with family planning activities is contemplated, add “Alternate 1 (6/2008)” to the clause name.


Y.6      Federal Funding Accountability And Transparency Act (FFATA) Subaward Reporting Questionnaire And Certification For Subcontracts And Sub-Task Orders Under Indefinite Delivery/Indefinite Quantity Subcontracts

Subcontractor Name:
Subcontract or Sub-Task Order Number:
Subcontract or Sub-Task Order Start Date: 
Subcontract or Sub-Task Order Value:
The information in this section is required under FAR 52.204-10 “Reporting Executive Compensation and First-Tier Subcontract Awards” to be reported by prime contractors receiving federal contracts through the Federal Funding Accountability and Transparency Act (FFATA) Subaward Reporting System (FSRS). As required by the referenced FAR, complete this questionnaire and certification as part of the Subcontract or Sub-Task Order with a value of $30,000 or more, unless exempted from reporting by a positive response to Section A.
A.    In the previous tax year, was your company’s gross income from all sources under $300,000?
 ___Yes  ___No    
B.    If “No”, please provide the below information and answer the remaining questions.
(i)             Subcontractor DUNS Number:  

(ii)            In your business or organization's preceding completed fiscal year, did your business or organization (the legal entity to which the DUNS number belongs) receive (1) 80 percent or more of its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements?:

___Yes  ___No 

(iii)           Does the public have access to information about the compensation of the executives in your business or organization (the legal entity to which the DUNS number it provided belongs) 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?:

 ___Yes  ___No 

(iv)          Does your business or organization maintain a record in the System for Award Management (www.SAM.gov)?

___Yes  ___No
       
(v)           If you have indicated “Yes” for paragraph (ii) and "No" for paragraph (iii) and (iiv) above, provide the names and total compensation* of your five most highly compensated executives** for the preceding completed fiscal year.

1.     Name:______________________________________________________________
       Amount:_____________________________________________________________

2.     Name:______________________________________________________________
       Amount:_____________________________________________________________

3.     Name:______________________________________________________________
       Amount:_____________________________________________________________

4.     Name:______________________________________________________________
       Amount:_____________________________________________________________

5.     Name:______________________________________________________________
       Amount:_____________________________________________________________

The information provided above is true and accurate as of the date of execution of the referenced Subcontract or Sub-Task Order. Annual certification is required for information provided in paragraph v) above.

*“Total compensation” means the cash and noncash dollar value earned by the executive during the Subcontractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board’s Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.
(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.
(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.
(5) Above-market earnings on deferred compensation which is not tax-qualified.
(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.
**”Executive” means officers, managing partners, or any other employees in management positions

Y.7.     REPRESENTATIONS AND CERTIFICATIONS

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


[End of Subcontract]

















Annex 1           Cover Letter
[Offeror: Insert date]

Syed Muslim Raza Rizvi
Grants Manager
USAID Funded Punjab Enabling Environment Project
Chemonics International Inc.


Reference:       Request for Proposals #001/2017 Hiring of Documentary Production House for Making Documentary on Livestock Breed Improvement

Subject:           [Offeror: Insert name of your organization]’s technical and cost proposals

Dear Mr./Mrs. Syed Muslim Raza Rizvi:

[Offeror: Insert name of your organization] is pleased to submit its proposal in regard to the above- referenced request for proposals. For this purpose, we are pleased to provide the information furnished below:

Name of Organization’s Representative                       ___________________________
Name of Offeror                                             ___________________________
Type of Organization                                       ___________________________
Taxpayer Identification Number                                  ___________________________
DUNS Number                                                            ___________________________
Address                                                           ___________________________
Address                                                           ___________________________
Telephone                                                        ___________________________
Fax                                                                  ___________________________
E-mail                                                              ___________________________

As required by section I, I.7, we confirm that our proposal, including the cost proposal will remain valid for 90 calendar days after the proposal deadline.

We are further pleased to provide the following annexes containing the information requested in the RFP.:
[Offerors: It is incumbent on each offeror to clearly review the RFP and its requirements. It is each offeror's responsibility to identify all required annexes and include them]
I.              Copy of registration or incorporation in the public registry, or equivalent document from the government office where the offeror is registered.
II.           Copy of company tax registration, or equivalent document.
III.         Copy of trade license, or equivalent document.
IV.        Evidence of Responsibility Statement.

Sincerely yours,

______________________
Signature
[Offeror: Insert name of your organization's representative]
[Offeror: Insert name of your organization]

Annex 2           Guide to Creating a Financial Proposal for a Fixed Price Subcontract

The purpose of this annex is to guide offerors in creating a budget for their cost proposal. Because the subcontract will be funded under a United States government-funded project, it is important that all offerors’ budgets conform to this standard format. It is thus recommended that offerors follow the steps described below.

Step 1: Design the technical proposal. Offerors should examine the market for the proposed activity and realistically assess how they can meet the needs as described in this RFP, specifically in section II. Offerors should present and describe this assessment in their technical proposals.

Step 2: Determine the basic costs associated with each deliverable. The cost proposal should provide the best estimate of the costs associated with each deliverable, which should include labor and all non-labor costs, e.g. other direct costs, such as fringe, allowances, travel and transport, etc.

Other direct costs, i.e. non-labor, include for example the following:

1.      Local travel and transportation, and associated travel expenses, if applicable,
2.      Lodging and per diem expenses associated with travel, if applicable,
3.      Rent
4.      Utilities
5.      Communications
6.      Office supplies

Under no circumstances may cost information be included in the technical proposal. No cost information or any prices, whether for deliverables or line items, may be included in the technical proposal. Cost information must only be shown in the cost proposal.

Step 3: Create a budget for the cost proposal. Each offeror must create a budget using a spreadsheet program compatible with MS Excel. The budget period should follow the technical proposal period. A sample budget is shown on the following page.

Step 4: Write Cost Notes. The spreadsheets shall be accompanied by written notes in MS Word that explain each cost line item and the assumption why a cost is being budgeted as well as how the amount is reasonable.


Sample Budget

Offerors should revise the budget line items accordingly in response to the technical and cost requirements of this RFP.


Offerors must provide a detailed budget showing major line items, e.g. salaries, allowances, travel costs, other direct costs, indirect rates, etc., as well as individual line items, e.g. salaries or rates for individuals, different types of allowances, rent, utilities, insurance, etc. Offers must show unit prices, quantities, and total price. All items, services, etc. must be clearly labeled and included in the total offered price. All cost information must be expressed in PKR. See Annex 2 for a sample cost structure.

Because PEEP is a USAID funded project and is implemented under a bilateral agreement between the Pakistan and the U.S. Government, offerors must not include VAT and customs duties in their cost proposal.

The cost proposal shall also include a budget narrative that explains the basis for the estimate of every cost element or line item.  Supporting information must be provided in sufficient detail to allow for a complete analysis of each cost element or line item. Chemonics reserves the right to request additional cost information if the evaluation committee has concerns of the reasonableness, realism, or completeness of an offeror’s proposed cost.

If it is an offeror’s regular practice to budget indirect rates, e.g. overhead, fringe, G&A, administrative, or other rate, Offerors must explain the rates and the rates’ base of application in the budget narrative. Chemonics reserves the right to request additional information to substantiate an Offeror’s indirect rates.

Under no circumstances may cost information be included in the technical proposal. No cost information or any prices, whether for deliverables or line items, may be included in the technical proposal. Cost information must only be shown in the cost proposal.


Annex 3           Required Certifications

Evidence of Responsibility
1. Offeror Business Information
Firm Name: Full Legal Name            
Address: Address
DUNS Number: Enter the Data Universal Numbering System reference (DUNS) assigned to the frim  (Instructions to Offerors: Offerors will provide their registered DUNS number for subawards valued at USD$30,000 and above with Chemonics unless exempted. Exemption may be granted by Chemonics or based on a negative response to Section 3(a) below (ie, the offeror, in the previous tax year, had gross income from all sources under USD$300,000). Dun & Bradstreet regulates the system and registration may be obtained online at http://fedgov.dnb.com/webform. If Offeror does not have a DUNS number and is unable to obtain one before proposal submission deadline, Offeror shall include a statement in their Evidence of Responsibility Statement noting their intention to register for a DUNS number should it be selected as the successful offeror or explaining why registration for a DUNS number is not applicable or not possible. Additional guidance on obtaining a DUNS number is available upon request.)
2. Authorized Negotiators
Firm Name proposal for Proposal Name may be discussed with any of the following individuals. These individuals are authorized to represent Firm Name in negotiation of this offer in response to RFP No.

List Names of Authorized signatories

These individuals can be reached at Firm Name office:

Address
Telephone/Fax
Email address

3. Adequate Financial Resources
Firm Name has adequate financial resources to manage this contract, as established by our audited financial statements (OR list what else may have been submitted) submitted as part of our response to this proposal.

If the offeror is selected for an award valued at $30,000 or above, and is not exempted based on a negative response to Section 3(a) below, any first-tier subaward to the organization may be reported and made public through FSRS.gov in accordance with The Transparancy Acts of 2006 and 2008. Therefore, in accordance with FAR 52.240-10 and 2CFR Part170, if the offeror positively certifies below in Sections 3.a and 3.b and negatively certifies in Sections 3.c and 3.d, the offeror will be required to disclose to Chemonics for reporting in accordance with the regulations, the names and total compensation of the organization’s five most highly compensated executives. By submitting this proposal, the offeror agrees to comply with this requirement as applicable if selected for a subaward.
In accordance with those Acts and to determine applicable reporting requirements, Firm Name certifies as follows:
a)      In the previous tax year, was your Firm’s gross income from all sources above $300,000?

 Yes  No    

b)      In your business or organization's preceding completed fiscal year, did your business or organization (the legal entity to which the DUNS number belongs) receive (1) 80 percent or more of its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements?:

 Yes  No
    
c)      Does the public have access to information about the compensation of the executives in your business or organization (the legal entity to which the DUNS number it provided belongs) 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? (FFATA § 2(b)(1)):

 Yes  No
   
d)     Does your business or organization maintain an active registration in the System for Award Management (www.SAM.gov)?

 Yes  No    

4. Ability to Comply
Firm Name is able to comply with the proposed delivery of performance schedule having taken into consideration all existing business commitments, commercial as well as governmental.

5. Record of Performance, Integrity, and Business Ethics
Firm Name record of integrity is (Instructions: Offeror should describe their record. Text could include example such as the following to describe their record: "outstanding, as shown in the Representations and Certifications. We have no allegations of lack of integrity or of questionable business ethics. Our integrity can be confirmed by our references in our Past Performance References, contained in the Technical Proposal."

6. Organization, Experience, Accounting and Operational Controls, and Technical Skills
(Instructions: Offeror should explain their organizational system for managing the subcontract, as well as the type of accounting and control procedure they have to accommodate the type of subcontract being considered.)

7. Equipment and Facilities
(Instructions: Offeror should state if they have necessary facilities and equipment to carry out the contract with specific details as appropriate per the subcontract SOW.)

8. Eligibility to Receive Award
(Instructions: Offeror should state if they are qualified and eligible to receive an award under applicable laws and regulation and affirm that they are not included in any list maintained by the US Government of entities debarred, suspended or excluded for US Government awards and funding. The Offeror should state whether they have performed work of similar nature under similar mechanisms for USAID. )

9. Commodity Procurement
(Instructions: If the Offeror does not have the capacity for commodity procurements - delete this section. If the Offeror does have the capacity, the Offeror should state their qualifications necessary to support the proposed subcontract requirements.)

10. Cognizant Auditor
(Instructions: Offeror should provide Name, address, phone of their auditors – whether it is a government audit agency, such as DCAA, or an independent CPA.)

11. Acceptability of Contract Terms
(Instructions: Offeror should state its acceptance of the proposed contract terms.)

12. Recovery of Vacation, Holiday and Sick Pay
(Instructions: Offeror should explain whether it recovers vacation, holiday, and sick leave through a corporate indirect rate (e.g. Overhead or Fringe rate) or through a direct cost. If the Offeror recovers vacation, holiday, and sick leave through a corporate indirect rate, it should state in this section the number of working days in a calendar year it normally bills to contracts to account for the vacation, holiday, and sick leave days that will not be billed directly to the contract since this cost is being recovered through the corporate indirect rate.)

13. Organization of Firm
(Instructions: Offeror should explain how their firm is organized on a corporate level and on practical implementation level, for example regionally or by technical practice.)

Signature:  ___________________________

Name:        ___________________________
One of the authorized negotiators listed in Section 2 above should sign
Title:          ___________________________
Date:         ___________________________


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 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.


Subcontractor Size Self-Certification Form

Reference Number: [enter the funding agency's solicitation or contract number]
Project Name: [enter full name of project]
Primary NAICS Code: 541990
Firm Name: Full legal name               
Address: Street address
City, State, Zip: City, State Zip
DUNS Number: [enter the Data Universal Numbering System (DUNS) here. Subcontractors must have a DUNS, unless exempted, as a part of receiving a  subcontract with Chemonics]
Contact Person: Name, Title
Contact Phone Number: (555) 555-5555
Type of Entity
If you have difficulty ascertaining the business size status, please refer to SBA’s website (www.sba.gov/size) or contact your local SBA office.

 Small Business  Large Business      Nonprofit/Educational    Government    Non-US

If “Small Business” is checked above, and if applicable, please identify any additional small business designations under which the Firm qualifies. You may wish to review the definitions for the below categories in the Federal Acquisition Regulation 19.7 or 52.219-8 (www.acquisition.gov/far/) to determine applicability.

 Small Disadvantaged Business                                8(a)
 HUBZone                                                                Woman Owned Small Business
 Veteran Owned                                                       Service Disabled Veteran Owned
 Alaskan Native Corporation                                                Indian Tribe

By signature below, I hereby certify that the business type and designation indicated above is true and accurate as of the date of execution of this document, and I further understand that under 15 U.S.C. 645(d), any person who misrepresents a business’ size status shall (1) be punished by a fine, imprisonment, or both; (2) be subject to administrative remedies; and (3) be ineligible for participation in programs conducted under the authority of the Small Business Act.

                                                                                                                                                           
Signature and Title (required)                                                                                      Date

***********************CHEMONICS  INTERNAL USE ONLY**********************   
HUBZone Status has been verified in the System for Award Management database or Dynamic Small Business Database Search  as of         /        /         conducted by: ________________________              .



Annex 4
DUNS and SAM Registration Guidance
What is DUNS?
The Data Universal Numbering System (DUNS) is a system developed and regulated by Dun & Bradstreet (D&B) - a company that provides information on corporations for use in credit decisions - that assigns a unique numeric identifier, referred to as a DUNS number, to a single business entity. The DUNS database contains over 100 million entries for businesses throughout the world, and is used by the United States Government, the United Nations, and the European Commission to identify companies. The DUNS number is widely used by both commercial and federal entities and was adopted as the standard business identifier for federal electronic commerce in October 1994. The DUNS number was also incorporated into the Federal Acquisition Regulation (FAR) in April 1998 as the Federal Government's contractor identification code for all procurement-related activities.
Why am I being requested to obtain a DUNS number?
U.S. law – in particular 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) - make it a requirement for all entities doing business with the U.S. Government to be registered, currently through the System for Award Management, a single, free, publicly- searchable website that includes information on each federal award. As part of this reporting requirement, prime contractors such as Chemonics must report information on qualifying subawards as outlined in FAR 52.204-10 and 2CFR Part 170. Chemonics is required to report subcontracts with an award valued at greater than or equal to $30,000 under a prime contract and subawards under prime grants or prime cooperative agreements obligating funds of $25,000 or more, whether U.S. or locally-based. Because the U.S. Government uses DUNS numbers to uniquely identify businesses and organizations, Chemonics is required to enter subaward data with a corresponding DUNS number.
Is there a charge for obtaining a DUNS number?
No. Obtaining a DUNS number is absolutely free for all entities doing business with the Federal government. This includes current and prospective contractors, grantees, and loan recipients.
How do I obtain a DUNS number?
DUNS numbers can be obtained online at http://fedgov.dnb.com/webform/pages/CCRSearch.jsp or by phone at 1-800-234-3867 (for US, Puerto Rico and Virgin Island requests only).
What information will I need to obtain a DUNS number?
To request a DUNS number, you will need to provide the following information:
  • Legal name and structure
  • Tradestyle, Doing Business As (DBA), or other name by which your organization is commonly recognized
  • Physical address, city, state and Zip Code
  • Mailing address (if separate)
  • Telephone number
  • Contact name
  • Number of employees at your location
  • Description of operations and associated code (SIC code found at https://www.osha.gov/pls/imis/sicsearch.html)
  • Annual sales and revenue information
  • Headquarters name and address (if there is a reporting relationship to a parent corporate entity)
How long does it take to obtain a DUNS number?
Under normal circumstances the DUNS is issued within 1-2 business days when using the D&B web form process. If requested by phone, a DUNS can usually be provided immediately.
Are there exemptions to the DUNS number requirement?

There may be exemptions under specific prime contracts, based on an organization’s previous fiscal year income when selected for a subcontract award, or Chemonics may agree that registration using the D&B web form process is impractical in certain situations. Organizations may discuss these options with the Chemonics representative.
What is CCR/SAM?
Central Contractor Registration (CCR)—which collected, validated, stored and disseminated data in support of agency acquisition and award missions—was consolidated with other federal systems into the System for Award Management (SAM). SAM is an official, free, U.S. government-operated website. There is NO charge to register or maintain your entity registration record in SAM.
When should I register in SAM?
While registration in SAM is not required for organizations receiving a grant under contract, subcontract or cooperative agreement from Chemonics, Chemonics requests that partners register in SAM if the organization meets the following criteria requiring executive compensation reporting in accordance with the FFATA regulations referenced above.  SAM.gov registration allows an organization to directly report information and manage their organizational data instead of providing it to Chemonics. Reporting on executive compensation for the five highest paid executives is required for a qualifying subaward if in your business or organization's preceding completed fiscal year, your business or organization (the legal entity to which the DUNS number belongs):
(1) received 80 percent or more of its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and
(2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and,
(3) The public have does not have access to information about the compensation of the executives in your business or organization (the legal entity to which the DUNS number it provided belongs) 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 US Internal Revenue Code of 1986.
If your organization meets the criteria to report executive compensation, the following sections of this document outline the benefits of and process for registration in SAM.gov. Registration may be initiated at https://www.sam.gov. There is NO fee to register for this site.

Why should I register in SAM?
Chemonics recommends that partners register in SAM to facilitate their management of organizational data  and certifications related to any U.S. federal funding, including required executive compensation reporting. Executive compensation reporting for the five highest paid executives is required in connection with the reporting of a qualifying subaward if:
  1. In your business or organization's preceding completed fiscal year, your business or organization (the legal entity to which the DUNS number belongs) received (1) 80 percent or more of its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and,
  2. The public have does not have access to information about the compensation of the executives in your business or organization (the legal entity to which the DUNS number it provided belongs) 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.
What benefits do I receive from registering in SAM?
By registering in SAM, you gain the ability to bid on federal government contracts. Your registration does not guarantee your winning a government contract or increasing your level of business. Registration is simply a prerequisite before bidding on a contract. SAM also provides a central storage location for the registrant to supply its information, rather than with each federal agency or prime contractor separately. When information about your business changes, you only need to document the change in one place for every federal government agency to have the most up-to-date information.
How do I register in SAM?
Follow the step-by-step guidance for registering in SAM for assistance awards (under grants/cooperative agreements) at: https://www.sam.gov/sam/transcript/Quick_Guide_for_Grants_Registrations.pdf
Follow the step-by-step guidance for contracts registrations at:

You must have a Data Universal Numbering System (DUNS) number in order to begin either registration process.

If you already have the necessary information on hand (see below), the online registration takes approximately one hour to complete, depending upon the size and complexity of your business or organization.
What data is needed to register in SAM?
SAM registrants are required to submit detailed information on their company in various categories. Additional, non-mandatory information is also requested. Categories of required and requested information include:
* General Information - Includes, but is not limited to, DUNS number, CAGE Code, company name, Federal Tax Identification Number (TIN), location, receipts, employee numbers, and web site address.
* Corporate Information - Includes, but is not limited to, organization or business type and SBA-defined socioeconomic characteristics.
* Goods and Services Information - Includes, but is not limited to, NAICS code, SIC code, Product Service (PSC) code, and Federal Supply Classification (FSC) code.
* Financial Information - Includes, but is not limited to, financial institution, American Banking Association (ABA) routing number, account number, remittance address, lock box number, automated clearing house (ACH) information, and credit card information.
* Point of Contact (POC) Information - Includes, but is not limited to, the primary and alternate points of contact and the electronic business, past performance, and government points of contact. * Electronic Data Interchange (EDI) Information* - Includes, but is not limited to, the EDI point of contact and his or her telephone, e-mail, and physical address. (*Note: EDI Information is optional and may be provided only for businesses interested in conducting transactions through EDI.)

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