Request for Proposals (RFP): Design and development of an eLearning platform for Tekwill in Every School initiative

Request for Proposals (RFP)

	Moodle	Canvas	Blackboard	Open edX	other
Administration:
Content management system (ease of embedding content)
Ease of registration/login & Single Sign-On (SSO) feature
SCORM, LTI, xAPI file format
Responsive design format
Multiple languages support
Safety & security of personal data and content
Accommodate 10,000+ users simultaneously
Automated notifications
LMS community support
Customization:
Customizable LMS Branding
Customizable User Interface
Customizable Badges & Certificates
Authoring Tools:
Simulations technologies (embedding simulation exercises on the LMS)
Webinar/Conferencing tools
Chat tools (social & collaboration technologies)
Analytics Tools:
Assessment tracking
Administration reporting
Student tracking
Integrations:
mLearning: Mobile app
Blended Learning

2. Present the outcomes & conclusions to Tekwill, for the optimal LMS platform to be selected.
3. Come up with an updated version of the technical specifications plan based on the information provided and initial kick-off meeting.
4. Create the visual design (platform concept and content layout) and information architecture (platform structure/organization, navigation), as per the requirements listed in the Annex below for:

• LMS/Platform menu: (1) home page; (2) registration/login page; (3) courses; (4) about; (5) programs (6) online safety & security; (7) ambassadors; (8) contact us.
• Dashboard (user interface): (1) account; (2) badges; (3) communication; (4) analytics; (5) courses.

5. Customize and present designs of logo; guidelines for color palette, designs of incentives such as badges and certificates as per requirements identified in the customization section from the Annex.
6. Development process to start right after the revision and approvals of the design:

• Development of all pages from the platform menu;
• Development of the dashboard and its pages;
• Embed content into the LMS platform (videos, lesson text/content, quizzes);
• Embed and program the simulation exercises for all lessons and courses;
• Create several graphics wherever required by the courses, which includes illustrations, pictures, diagrams and icons.

7. Testing stage:
• Alpha Testing will be done for each course separately. This stage of the testing will be carried out for the first two-three lessons of a course. This is required to ensure that the content of the course is correct and matches the scripts, the project’s vision, and that the course functions correctly. The Alpha version of each course will be tested on a pilot group of learners at Tekwill. Based on the feedback obtained, the necessary corrections will be added before proceeding with the beta version.
• Beta Testing will be done for each course separately. The final stage of testing is the Beta version. This version will have any corrections from the alpha phase completed and will again be tested on a pilot group of learners at Tekwill. Upon completion of this testing a final version will be prepared for approval.
• Final Testing and acceptance: At this point there should be only minor changes to the course. Once these have been ironed out the course is approved and made ready for launch.
8. Secure the hosting of the LMS platform and support in the setup of the domain. Most probably the platform will be hosted on a local server.
9. Develop an online administrator guide and provide trainings/workshops to school admins based on the guide.
10. Develop the mobile app for the LMS platform by customizing the mLearning plug-in that the chosen LMS should be already offering for both Android and iOS.
11. Provide maintenance services, technical support for a year after the official launch.
12. Provide a backup solution for content and the whole platform.
13. Throughout the assignment it is expected to have a close collaborate with the team of Subject Matter Experts (SMEs) and the company producing the video lessons, in order to align efforts and ensure quality of the final product.

 

2.3 Deliverables
The selected instructional design company will have the following deliverables:
• Analysis of opensource LMS platforms and presentation of findings with regards to the most suitable platform for our initiative;
• Updated version of the technical specifications plan;
• Creative visual design of the LMS platform inclusive of the platform concept, content layout for all pages, platform structure and platform navigation;
• Secure the hosting and the domain setup for the LMS platform;
• Develop the LMS platform according to the approved layout designs;
• Embed content into the LMS platform for all pages, dashboard and 8 courses;
• Develop alpha versions for all 8 courses;
• Develop beta versions for all 8 courses;
• Develop and set-up the mobile app of the LMS platform;
• Final launch, deployment of the LMS platform;
• Develop an administrator guide;
• Deliver training workshops for admins;
• Provide technical support for the first year after launch
The assignment is expected to commence no later than 10 days after signing the contract.

2.4 Timeline

 

2.5 Delivery Requirements
The delivery of the final product can take place electronically and/or using a cloud service. As part of its response to this RFP, each offeror is expected to provide an estimate (in calendar days) of the delivery and execution timeframe (after receipt of order). The delivery estimate presented in an offer in response to this RFP must be upheld in the performance of any resulting contract.
The delivery estimate presented in any offers in response to this RFP must be honest, accurate, and upheld in the performance of any resulting subcontract or order.

 

ANNEX
Administration: general requirements
The LMS platform must be easy to use, effortless to understand and clear to navigate. Its design and structure should be very simple and clear for users to navigate through. More on this below under the homepage section.

The LMS platform must have a responsive design that fits any device and format; therefore, it should work across multiple devices and facilitate on-the-go learning / offline learning.

Besides the English language, the LMS platform should support and be built in both Romanian & Russian languages. This feature will enable learners to switch languages at any point during the online course, as well as receive email notifications in their preferred language.

The LMS platform should support simultaneously online 10,000+ learners accessing the course content at any time. We’re planning on hosting the platform and its course materials on a server rather than cloud.

A domain name has to be secured for Tekwill in every school initiative, which should be easy to remember and easy to spell.

Security: Protecting sensitive information is and will always remain an important concern to take into consideration. The LMS platform must be protected from any form of cyber threats and attacks.

The chosen LMS platform should offer the possibility of Offline Learning through a mobile app that would offer the offline learning feature (access to previously downloaded content/lessons).

Customization
The chosen LMS platform should be easily customizable under the “Tekwill in every school” branding. The chosen LMS platform should allow for full customization of its look and feel as per Tekwill’s vision and needs:
• Design the logo of Tekwill in Every School, the initiative is developed and implemented by ATIC with the support of USAID Moldova and Government of Sweden under Tekwill Project.
• Color Palette/Scheme. Visual appearance is crucial for our targeted-audience engagement (youth 13-19 years old). A color palette must be proposed in accordance with Tekwill’s brand identity and target audience age/profile/preferences.
• Customization of incentives for learners. Our platform is envisioned to have digital badges, certificates of completion and a leaderboard as incentives. These have to be designed in accordance with the chosen color theme and branding of the project. Plus, the chosen LMS platform has to allow full customization and change of the layout of the pre-built leaderboard, digital badges and certificates.
• Customization of the homepage banner/s that will inform visitors about the recent news / new courses and big successes. The banner should catch the eye of visitors and draw them into the content.
• Customization of the user interface as per the requirements mentioned in the user interface section below.
• Customization of the user menu / dashboard which will provide different groups of users/learners’ access to the commands that are relevant to them from the menu.
• General customization of LMS layout to the finest detail on all pages, that would reflect the same font, size, style, spacing etc.

Platform Menu
The information/content will be provided by the ATIC/Tekwill team. The menu should include the following pages and allow visitors to quickly navigate to the sections that interest them:
• Home page – This page will be the starting point for all visitors, and so the main information presented here will need to have a neat structure while maintaining a clean and professional appearance. This page needs to incorporate elements that attract traffic, educate visitors, and invite conversions. Therefore, the followings will have to be developed:

• Come up with the “main image/photo” for the homepage banner;
• Registration/Login button
• Search button
• Menu
• Sign-up for the Newsletter button
• Create a headline that describes the purpose of Tekwill in Every School initiative. The headline(s) should ideally be between 5-8 words, and no longer than 13 words.
• Create a call-to-action, which is visually attractive and right in front of their eyes. We want them to register and start taking the courses.

• About – should include information about the initiative; about Tekwill and its partners; about its Focus Group members.
• Courses – this is where users can access and view the “intro videos” of each course; plus check the syllabus of each course & the brief of learning outcomes. Also, here, the users/learners should be given the possibility to take an assessment test of skills and receive a suggested learning path and recommended list of courses that they should undertake based on their interests and skills profile.
• Registration tab – page for registrations / log-in (more details provided below under the registration section).
• Tekwill Programs – information / calendar of all Tekwill programs targeted for K12 education. For example, ICT Career Orientation events. Also, other programs.
• Online Safety & Security – an interactive and educational quiz on staying safe online, how to create a safe password, etc.
• Our Ambassadors – a leaderboard of teachers/ambassadors who have received trainings (formare continua) and are delivering the courses in their schools.
• News – all Press Releases and latest news related to Tekwill in every school.
• Contact Us – possibility to leave a message, our address, link to Social Media accounts.

Registration / Login
The whole process of registration must be very clear, quick and extremely easy. The “Sign-up / Log-in” buttons have to be of eye-catching colors and images to make the buttons pop off the page. Registration has to be done on a single page. And in case the user has missed some info or introduced the wrong information, it shouldn’t ask the user to re-enter the same data all over again, only that section that has the errors.

The platform should include the option of Single Sign-In (SSO) which will allow users to sign-up directly using their social media profiles (Gmail / Facebook / Instagram and other accounts). The option could save time as the same usernames and passwords would apply.

Users will have the following options to choose from when registering on the platform:
• Student
• Teacher
• School leader / admin
• Parent
• Supporter / Edu Enthusiast

Users will also have to specify the type of learning they will undergo by choosing from the following 2 forms of registration:
• Self-Learn: targeting the learners that want to take the courses by themselves and allows anyone to join the online training course without admin approval.
• Instructor-Led: is a moderated registration, which requires admin review, which will be connected to the pilot model of the project. The appointed admin (teachers, school leaders) will evaluate all of the self-registrants before granting them access to the online training course or denying them entry if they don’t meet the prerequisites.

Data to be collected:
• Name / surname
• Email address / password
• Country / rayon / city
• For students: School name / class / age / gender
• For teachers & school leaders: School name / title / age / gender
• For supporters: occupation / age / gender

At the end of the registration, users have to read and agree to a privacy policy, terms of use, terms & conditions.

Upon registration, everyone should receive a Confirmation Email with Relevant Links, data with regards to their username and password.

Platform Security Features: The right encryption protocols must be in place since the platform will hold not just the personal details of learners, but also the course materials. A proper safety feature should be put in place.

 

The Dashboard / User Interface
The design of the user interface has to be simple, neat, and colorful.

Account
• Profile: edit personal information, name/surname, photo, change password etc.
• Notifications: announcements about deadlines approaching, new courses being launched, best projects selected as winning projects, other important notifications from teachers or general info per project.
• Calendar: to see the classes and final project submission deadlines.
• Files: all files/projects that are to be submitted for assessment should be saved/uploaded on each users account folder.

Courses
The content for the 8 courses is being developed, at the moment, by a team of Subject Matter Experts (SMEs). The educational materials will be provided in Word files. Each course will be delivered in up to 34 lessons. Every lesson will have the following components:
• Supportive course text;
• Recommended reading and links to online resources;
• Video lesson, summarizing the main ideas and key points of the lesson. The length of each video should be up to 10-15 minutes each;
• Simulation exercise will provide the hands-on learning and allow students to test the tasks explained in the video lesson;
• Interactive quiz at the end of each lesson will be assessing in an interactive form the learnt material;
• Every course will have a final project submission at the end. Students will have to submit their final projects reflecting the newly acquired skills and know-how gained in the online course.

Display of 8 boxes/representative images of courses to choose from. There should be the option of studying the course on a self-learner base or class/instructor-led base. But one can’t proceed to the next lesson without completing the previous lesson, this means that:
• the video must be watched completely;
• if there is a simulation exercise then it must be completed;
• and/or if there is a quiz then it must be completed successfully in order to proceed to the next lesson.

Communication Tools
Under this section the users can find several tools that would increase their productivity and collaboration with other class members, teacher-instructor, admin. Following tools should be available:
• Scheduled webinars, register for the webinars, add them to the calendar, join a webinar.
• Individualized chats / Class discussions / forums under each lesson.
• Most commented questions / ideas should be pinned or come on top for others to see.

Badges & Certificates
One course may have several badges to gain and not just one. Badges should be assigned per skills gained. Awarding badges and competing for a spot at the top of a leaderboard keep people returning again and again. Also, the certifications of competition should be visible under this section. Badges should be possible to transfer to their accounts on Facebook and/or LinkedIn.

Learning Analytics Tools
Tracking learner activity and results is one of the most important aspects of training. Below are brief descriptions of analytics methods that we’d like to see integrated in our LMS platform:

Learner profile: “Country / Rayon / City / Village / Gender / Age” analysis and comparison of data.

Learner statistics: are we reaching our target number of users/learners, and in the locations, we aim for? Do we need to promote our courses more in certain areas, or help it spread virally?

Progress and completion reports: Are the learners completing the course/s as per schedule? Learner progress and completion rates help monitor individual performance, intervene when needed, and helps identify the best/most-consistent performer. Completion rate. Is everyone getting through to the end? If not, why? If it’s a range of performance topics that learners can explore freely, look instead at which pages/topics are visited, and by whom.

Time logging: The time-log feature helps to ascertain how long a learner takes to complete a training module. In its essence, indicates which are the aspects of training requiring the most amount of time and whether a course correction is necessary. Session times: this is a great indicator of interest, but also “learning windows.” What might be the optimum topic length?

User navigation: since we’ll be having 8 courses we need to understand, where are the majority of users/learners going? What does this tell us about their needs/behaviors/profiles?

Drop offs: Are the users coming back for more or just dropping in for a one-hit wonder? What pages are you seeing the total number of users drop off from? Dig deeper to find out why this might be: page errors/lower engagement/less relevant content/navigation.

Assessment results: Regular assessments are the most effective indicators of a learner’s performance and degree of interest in training. Often, programs create pre and post-training assessments which help to create a clear pathway between the learner’s skillsets before the program and the degree of improvement, after its completion.

Learner satisfaction surveys: Questionnaires, polls, and reviews are great for gathering feedback. As a result, this data will give us an accurate map of the strengths and weaknesses of our learning program and help us make it more interactive, engaging, and meaningful in the future.

Certification tracking: The digital badges and the certifications must be built into the LMS platform solution, making the entire process unified and streamlined.

Authoring tools
Content management system. The chosen LMS platform needs to possess an authoring toolkit that allows the creation of engaging eLearning courses with quizzes, interactive assessments, video lectures, screencasts, and dialogue simulations. It should also offer an easy conversion of existing Word, PDF, and PPT content into SCORM format.

Webinar / video conferencing authoring tool. The selected LMS platform has to give our admins the ability to host online video and voice calls or meetings with up to 200 – 500 participants, making it easy to create, synchronize, and backup/restore the video conferences/webinars.

Chat authoring tool. A user can choose a person subscribed to a specific course in the list and start an online conversation.

Social media friendly. The LMS must support social learning and facilitate collaboration. LMS must have a platform where students can share notes; teachers can post class announcements; and users can like or comment on posts and provide feedback on peer projects.

Platform functionalities per user type

Action	Students	Teachers	Admins	Parents	Visitors
Embed content on the platform	N	N	Y	N	N
Manage/edit/delete content	N	N	Y	N	N
Access to platform information (except dashboard)	Y	Y	Y	Y	Y
Access to courses content (dashboard)	Y	Y	Y	N	N
Create profile (register)	Y	Y	Y	Y	Y
Delete profiles/accounts	N	Y	Y	N	N
Register/Login using social media accounts	Y	Y	Y	Y	Y
Create/Edit a school profile	N	N	Y	N	N
Create/Edit a class	N	Y	Y	N	N
Leave a comment on the platform	Y	Y	Y	Y	Y
Send a message via the chat	Y	Y	Y	Y	Y
Access/Join a webinar	Y	Y	Y	Y	Y
Create/Edit info of a webinar	N	Y	Y	N	N
Create/Assign/Manage digital badges & certificates	N	Y	Y	N	N
Obtain a digital badge & certificate	Y	Y	N	N	N
Manage/Edit leaderboard	N	Y	Y	N	N
Sign-up for Newsletter	Y	Y	Y	Y	Y
Create Newsletter	N	N	Y	N	N
Announce/Edit calendar deadlines	N	Y	Y	N	N
Create/Manage calendar events	N	Y	Y	N	N
Upload files/projects	Y	N	N	N	N
Review files/projects	N	Y	Y	N	N
Create/Send Notifications to students	N	Y	Y	N	N
Access Analytics tools	N	Y	Y	Y	N
Create reports	N	Y	Y	N	N

 

User profiles
Student profile

Field	Format	Mandatory field
Name	Text	Y
Surname	Text	Y
Date of Birth	Selection from a calendar	Y
Gender	Selection from F/M	Y
Country	Selection from a list	Y
Raion / City / Village	Selection from a list	Y
Photo	Photo	N
List of school	Selection from a list	Y
Title/Role	Selection from a list	Y
Description	Text	N
Email	Text	Y
Password	Text/numbers	Y
Social Media profiles	Link	N
Agree to Ts&Cs	Text	Y

 

Teacher profile

Field	Format	Mandatory field
Name	Text	Y
Surname	Text	Y
Date of Birth	Selection from a calendar	Y
Gender	Selection from F/M	Y
Country	Selection from a list	Y
Raion / City / Village	Selection from a list	Y
Photo	Photo	N
List of school	Selection from a list	Y
Title/Role/Specialization	Selection from a list	Y
Description	Text	N
Email	Text	Y
Password	Text/numbers	Y
Social Media profiles	Link	N
Agree to Ts&Cs	Text	Y

 

Parent profile

Field	Format	Mandatory field
Name	Text	Y
Surname	Text	Y
Gender	Selection from F/M	Y
Country	Selection from a list	Y
Raion / City / Village	Selection from a list	Y
Photo	Photo	N
Name of child/children	Text	Y
List of school	Selection from a list	Y
Description	Text	N
Email	Text	Y
Password	Text/numbers	Y
Social Media profiles	Link	N
Agree to Ts&Cs	Text	Y

 

Section 3: Letter of Transmittal

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

To: National Association of ICT Companies
Str. Studentilor 9/11

Reference: RFP No. ICTEC-2020-001

To Whom It May Concern:

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

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

Furthermore, we hereby certify that, to the best of our knowledge and belief:
· We have no close, familial, or financial relationships with any ATIC or above-mentioned project staff members;
· We have no close, familial, or financial relationships with any other offerors submitting proposals in response to the above-referenced RFP; and
· The prices in our offer have been arrived at independently, without any consultation, communication, or agreement with any other offeror or competitor for the purpose of restricting competition.
· All information in our proposal and all supporting documentation is authentic and accurate.
· We understand and agree to ATIC’ prohibitions against fraud, bribery, and kickbacks.

We hereby certify that the enclosed representations, certifications, and other statements are accurate, current, and complete.

Authorized Signature:

Name and Title of Signatory:

Date:

Company Name:

Company Address:

Company Telephone and Website:

Company Registration or Taxpayer ID Number:

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

Official name associated with bank account (for payment):

PART 1: PAYMENT AND FINANCIAL OBLIGATIONS

3.1 Subcontract Price

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

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

3.2 Payment Terms

ATIC will pay the total price through a series of installment payments as provided in Article 9 above, after Subcontractor’s completion of the corresponding deliverables and ATIC’ acceptance thereof. The Subcontractor may submit invoices for deliverables that have been accepted and approved by the authorized ATIC representative. ATIC will pay the Subcontractor’s invoice within fifteen (15) days after the following conditions have been fulfilled:
a) the Subcontractor has delivered a proper invoice
b) ATIC has issued an inspection certificate

Payment will be made in MDL or EUR based on the location of the company providing services, paid via wire transfer to the account specified in the Subcontractor’s invoice. Payment of unpaid balances will be made upon completion and final acceptance of all works and deliverables by ATIC. Any invoices for services rendered and deliverables submitted—but not accepted by ATIC—will not be paid until the Subcontractor makes sufficient revisions to the deliverables such that ATIC may approve the deliverables and thus the invoice.

3.3 Invoice Requirements

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

ATIC
Attention: Accountant Office
National Association of ICT Companies

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

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

3.4 Cooperating Country Fees, Taxes, and Duties

The Subcontractor is responsible for payment of all applicable taxes, as prescribed under the applicable laws, associated with wages/salaries/compensation for services rendered by individuals employed by the Subcontractor and who are directed to work as required under this Subcontract. The Subcontractor is liable for payment of all applicable taxes associated with revenues (profit), and other such taxes, fees, or dues for which Subcontractor is normally responsible as a result of operating its business.

3.5 Set-Off Clause

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

Part 2: ADDITIONAL TERMS AND CONDITIONS

1. AUTHORIZED USAID GEOGRAPHIC CODE

The authorized USAID geographic code for this subcontract is USAID Geographic Code 110 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-….

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

The cooperating country for this subcontract is Moldova.

No commodities or related services may be supplied under this subcontract that are manufactured or assembled in, shipped from, transported through, or otherwise involving any of the following countries: 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 subcontract (including transportation, fuel, lodging, meals, and communications expenses).

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

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

(b) 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.

(c) The Subcontractor shall insert this article, including this paragraph (c), in all subcontracts and subawards issued under this subcontract.

3. 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 ATIC’ 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 ATIC. Subcontractor agrees to indemnify, hold harmless and defend ATIC for any losses, liabilities and claims, including as penalties or fines as a result of any regulatory action taken against ATIC as a result of Subcontractor’s non-compliance with this provision.

4. ANTI-KICKBACK

(a) Definitions.

• Kickback, as used herein, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind, which is provided, directly or indirectly, to ATIC, the ICTEC project office or any of its employees, the Subcontractor or Subcontractor employees, or vendors in any way related to the performance or subsequent activities of this subcontract, for the purpose of improperly obtaining or rewarding favorable treatment in connection with this subcontract.
• Person, as used in this article, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.
• Subcontractor employee, as used in this article, means any officer, partner, employee, or agent of the Subcontractor.

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

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

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

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

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

5. TERRORIST FINANCING PROHIBITION

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

6. ELIGIBILITY OF SUBCONTRACTORS

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

7. COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS

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

8. INDEMNITY AND SUBCONTRACTOR WAIVER OF BENEFITS

A. The Subcontractor waives any additional benefits and agrees to indemnify and save harmless ATIC, USAID, their officers, directors, agents, and employees from and against any and all claims and liability, loss, expenses, suits, damages, judgments, demands, and costs (including reasonable legal and professional fees and expenses) arising out of:
(1) the acts or omissions of Subcontractor, its employees, officers, directors, agents or its subcontractors;
(2) injury or death to persons, including officers, directors, employees, agents and subcontractors of Subcontractor, or loss of or damage to property, or fines and penalties which may result, in whole or in part, by reason of the buying, selling, distribution, or use of any of the goods or services purchased or provided under this Subcontract except to the extent that such damage is due to the negligence of ATIC;
(3) the infringement or violation of any patent, copyright, trademark, service mark, trade secret, or other proprietary interest of any third party resulting from ATIC use, distribution, sale, sublicensing, or possession of the goods (including software and all forms of written materials) or services purchased or provided, as authorized hereunder, or from the use or possession of said goods or services by ATIC, USAID, as authorized hereunder; or false claims submitted by Subcontractor or its subcontractors under this Subcontract or as a result of a Subcontractor misrepresentation of fact or fraud by Subcontractor.

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

C. If any of the goods or services provided by Subcontractor hereunder, including without limitation software and all forms of written materials, become the subject of a claim of infringement or violation of a third party’s intellectual property, privacy and/or proprietary rights, Subcontractor shall, at its own expense, use its best efforts—
(1) to procure for ATIC the right to continue use and, if authorized under this Subcontract, distribution of the infringing goods or services or,
(2) to modify the goods or services to make them non-infringing, or to replace them with equivalent, non-infringing counterparts.

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

9. INTELLECTUAL PROPERTY RIGHTS

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

10. MODIFICATIONS

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

11. CHANGES

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

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

12. ASSIGNMENT AND DELEGATION

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

13. TERMINATION

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

In the event that the Subcontractor fails to make progress so as to endanger performance of this fixed price subcontract, or is unable to fulfill the terms of this fixed price subcontract by the completion date, the Subcontractor shall notify ATIC forthwith and ATIC 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 4: OFFEROR’S TECHNICAL SUMMARY SHEET

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

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

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

III. International warranty on all commodities? ____yes _____no

Copy of warranty terms/conditions included? ____yes _____no

How many years for the warranty? _______ years

III. Authorized agent(s) in the Republic of Moldova for service, warranty, etc.:

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

IV. Delivery time

Deliverable Number	Deliverable Name	Delivery Schedule
1
2
3
4
5
etc.

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

Company Name

Name and title of authorized representative

Signature

Date

 

SECTION 5: REQUIRED CERTIFICATIONS

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

SECTION 5-1: CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

_________________________(hereinafter called the “offeror”)
(Name of Offeror)

(a) The offeror certifies that—
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to— (i) Those prices;
(ii) The intention to submit an offer; or
(iii) The methods or factors used to calculate the prices offered.
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory—
(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or
(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

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

Company Name:

By (Signature): ___________________ Title: _____________________

Printed Name: ____________________ Date: _____________________

SECTION 5-2: CERTIFICATION REGARDING RESPONSIBILITY MATTERS

CERTIFICATION REGARDING RESPONSIBILITY MATTERS

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that –

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

(A) Are 0, are not 0, presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have 0, have not 0, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(C) Are 0, are not 0, presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have 0, have not 0, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(ii) The Offeror has 0 has not 0, within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

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

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

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

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

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

Company Name:

By (Signature): ___________________ Title: _____________________

Printed Name: ____________________ Date: _____________________

SECTION 5-3: EVIDENCE OF RESPONSIBILITY STATEMENT

EVIDENCE OF RESPONSIBILITY STATEMENT

This statement describes the offeror’s internal policies and procedures, as well as its ability to comply with the terms and conditions of a potential subcontract resulting from RFP No. ICTEC-2019-007. The offeror shall complete the information in this statement as part of its proposal.

Company Name:

1. Authorized Negotiators

The offeror’s proposal in response to RFP No. ICTEC-2019-007 may be discussed with any of the following individuals. These individuals are authorized to represent our company in negotiation of this proposal.

Names of authorized negotiator(s):

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

2. Adequate Financial Resources

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

3. Ability to Comply

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

4. Record of Performance, Integrity, and Business Ethics

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

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

Describe how the subcontract will be managed:

6. Equipment and Facilities

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

7. Eligibility to Receive Award

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

8. Acceptability of Subcontract Terms and Conditions

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

 

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

Company Name:

By (Signature): ___________________ Title: _____________________

Printed Name: ____________________ Date: _____________________