Request for Proposals (RFP)
RFP Number: ICTEC-2016-008
Issuance Date: 01.06.2016
Deadline for Offers: 20.06.2016
Description: Finishing flooring and ceiling materials (linoleum, carpeting, suspended ceiling and other types)
For: Moldova ICT Excellence Center Project (ICTEC)
Funded By: United States Agency for International Development (USAID),
Contract No. AID-117-A-15-00002
Issued By: National Association of ICT Companies (ATIC)
Point of Contact: email@example.com, contact person Ana Chirita
Section 1: Introduction and Instructions to Offerors
1.1 Acronyms and Definitions
ATIC National Association of ICT Companies
ADS USAID Automated Directives System
CFR United States Code of Federal Regulations
Cooperating Country Moldova
FAR United States Federal Acquisition Regulation
RFP Request for Proposals
US United States
USAID United States Agency for International Development
USG United States Government
VAT Value Added Tax
The National Association of ICT Companies (ATIC) is soliciting proposals from eligible and responsible firms for the supply of flooring and ceiling materials (linoleum, carpeting, suspended ceiling and other types), as described below in Section 2 (Background, Scope of Work and Deliverables). The ICTEC Project is an official program of the United States Agency for International Development (USAID), Contract No. AID-117-A-15-00002, and is being carried out in Republic of Moldova.
The ICTEC Project is a USAID program implemented by the National Association of ICT Companies (ATIC). The project will be implemented as a private-public partnership (though Global Development Alliances instrument (GDA)), between the Moldovan Government, private industry, academia and donors. The private partners include multinational companies, IBM and Microsoft, and also Moldovan Association of ICT Companies (ATIC) members that are local (operated) ICT companies. The private partners will bring significant new resources, ideas, software, technologies and development activities, such as trainings, practical assignments, and mentorship. The private sector partners will have the chance to use the center to communicate with the university, SMEs, startups, professionals and contribute to the curricula improvement answering the market needs, as well as the improvement of the IT and entrepreneurship ecosystem that will lead to the economic growth of the country. The Government of Moldova supports this project at the highest level of the Prime Minister, and the partners include Ministry of ICT, Ministry of Education, and E-Government Center. The space will be provided by the Technical University, as part of the Government commitment to this project. The e-Government Center will use the center as a training and capacity building resource for the public e-transformation and IT managers.
Offerors are responsible for ensuring that their offers are received in accordance with the instructions stated herein. Failure to adhere with instructions described herein may lead to disqualification of a proposal from consideration. This RFP does not obligate ATIC to execute a subcontract nor does it commit ATIC to pay any costs incurred in the preparation and submission of the proposals.
1.3 Questions and Requests for Clarifications
Questions regarding the technical or administrative requirements of this RFP may be submitted no later than June 14, 2016, 17:00, local Chisinau time by email to firstname.lastname@example.org. Questions must be submitted in writing; phone calls will not be accepted. Questions and requests for clarification—and the responses thereto—that ATIC believes may be of interest to other offerors will be circulated to all RFP recipients who have indicated an interest in bidding.
Only the written answers issued by ATIC will be considered official and carry weight in the RFP process and subsequent evaluation. Any verbal information received from employees of ATIC or any other entity should not be considered as an official response to any questions regarding this RFP.
1.4 Offer Deadline
Offerors shall submit their expression of interest to participate and propose offers until June 14, 2016 via e-mail to email@example.com.
ATIC will organize an on-sight visit to discuss details and expectations.
Offerors shall submit their offers in hard-copy and/or electronically.
Hard-copy offers must be received no later than June 20, 2016, 17:00 at the following address:
In attention of Mrs. Ana Chirita,
Executive Director/ Senior Project Coordinator ICTEC Project
Moldova ICT Excellence Center Project
Str. Maria Cibotari 28, of 1B
Emailed offers must be received by the same time and date at the following address:
In attention of Mrs. Ana Chirita,
Executive Director/ Senior Project Coordinator ICTEC Project
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 ATIC.
1.5 Protocol for Submission of Offers
- Hard Copy Submissions:
Each offeror must submit its proposal in two separate volumes: the Technical Volume and the Cost Volume. The following number of copies is required in each submission:
- Technical Volume: Three (3) original hardcopies and one (1) electronic copy on CD of the technical volume, per the instructions below.
- Cost Volume: One (1) original hardcopies and one (1) electronic copy on CD of the cost volume, per the instructions below.
All offers and related documents must be enclosed in sealed envelopes with the name and address of the offeror and the RFP number (“RFP No. ICTEC-2016-008”) clearly marked on the outside. The Technical Volume and the Cost Volume must be submitted separately. Envelopes must be clearly marked either “Technical Volume” or “Cost Volume”. If multiple envelopes must be submitted due to the size of a proposal, offerors must ensure that each envelope is sealed and clearly marked with the information described above.
- Electronic Submissions:
The Offeror must submit the proposal electronically with attachments compatible with MS Word, Excel, or Adobe Portable Document (PDF) format in a Microsoft environment. Those pages requiring original manual signatures should be scanned and sent in PDF format as an email attachment.
All offers must be prepared in English, Romanian or Russian.
1.5.1 Technical Volume
The Technical Volume should describe in detail the offeror’s proposed plan for providing the services and commodities described in the technical specifications found in Annex 1. It should demonstrate a clear understanding of the work to be undertaken and the responsibilities of all parties involved. The plan should include details on equipment, personnel, and subcontractors that the offeror will make available to carry out the required activities. The plan should also provide details on the anticipated delivery schedule, including an estimated completion date.
At a minimum, the Technical Volume must contain the following required completed documents:
Completed Technical Specifications (see Annex 1)
Letter of Transmittal (see Section 3)
Offeror’s Summary Sheet (see Section 4)
Completed/Signed Certifications (see Section 5).
Bank Account Award Certificate – copy – issued by the bank holding the account;
Certificate of regular payment of taxes – copy – or certificate issued by the Tax Inspectorate on double taxation records;
The financial report for the last 3 years – copy – confirmed by the signature and seal of the Participant;
Past Performance Information (see Section 2.4)- if applicable
Warranty Service/Coverage Information (see Section 2.5)- if applicable
In addition, offerors responding to this RFP are requested to submit the following:
Organizations responding to this RFP are requested to submit a copy of their official registration or business license.
Subcontracting arrangements: If the execution of work to be performed by the offeror requires the hiring of subcontractors, the proposal must clearly identify the subcontractor(s), contact information of subcontractor(s), and the work they will perform. ATIC will not refuse a proposal based upon the use of subcontractors; however, ATIC retains the right to approve or reject the specific subcontractors selected.
All electronic copies of documents in the Technical Volume must be in PDF, Microsoft Word or Microsoft Excel format.
The information contained in the Technical Volume should not contain any cost- or price-related information.
- All commodities offered in response to this RFP must be new; no used or refurbished commodities will be accepted.
1.5.2 Cost Volume
Taking into consideration the complexity of the work, 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.
Commodities: The Cost Volume must include a unit cost breakdown for every line item described in Annex 1, as well as a description of any other costs involved; see the Price Schedule in Annex 2 for the required format. The offer must preserve and clearly indicate the line item numbers as shown in Annex 1. All items, services, transportation costs, etc. must be clearly labeled and included in the total price. Prices must be quoted on a lump-sum, all-inclusive basis. No other costs, taxes, and/or fees may be added later.
In case the Offeror’s cost proposal exceeds the equivalent of USD 50.000, the Offeror shall provide a bank guarantee in amount of 10% per model in annex No.3 below. The bank guarantee must be annexed to Cost Volume.
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.
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. ATIC 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.
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 the Cooperating Country. No such Cooperating Country taxes, charges, tariffs, duties or levies will be paid under an order resulting from this RFP.
1.6 Validity Period
Offers must remain valid for at least 60 calendar days after the offer deadline.
1.7 Authorized USAID Geographic Code and Source/Nationality
All goods and services offered in response to this RFP or supplied under any resulting award must meet USAID Geographic Code 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-vol1-part228.pdf.
The cooperating country for this RFP is Moldova.
Offerors may not offer or supply any commodities or related services that are manufactured or assembled in, shipped from, transported through, or otherwise involving any of the following countries: 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).
1.8 Eligibility of Offerors
By submitting an offer in response to this RFP, the offeror certifies that it and its principal officers are not debarred, suspended, or otherwise considered ineligible for an award. ATIC will not award a contract to any firm that is debarred, suspended, or considered to be ineligible.
1.9 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 ATIC. 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 considered approximately equal to cost factors. If technical scores are determined to be equal or nearly equal, cost will become the determining factor.
In evaluating proposals, ATIC will use the following evaluation criteria and sub-criteria:
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. ATIC will award a subcontract to the offeror whose proposal represents the best value to ATIC and the ICTEC project. ATIC 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.
Best and final price quotations are requested from all offerors. It is anticipated that awards will be made solely on the basis of these original quotations. However, ATIC reserves the right to conduct negotiations and/or request clarifications prior to awarding one or several separate subcontracts.
1.11 Terms and Conditions of Subcontract
This is a Request for Proposals only. Issuance of this RFP does not in any way obligate ATIC or USAID to award a subcontract, nor does it commit ATIC or USAID to pay for costs incurred in the preparation and submission of a proposal.
This solicitation is subject to the Draft Order Terms and Conditions detailed in Section 2. Any resultant award will be governed by these terms and conditions. ATIC reserves the right to make revisions to the content, order, and numbering of the provisions in the actual subcontracts documents prior to execution by ATIC and the selected awardee. Issuance of a subcontract award is subject to availability of sufficient funds.
Section 2. Background, Scope of Work, Deliverables and Deliverable Schedule
2.1 Technical Specifications
As specified in Annex 1, ATIC is looking to procure the following items as stated in Annex 1 (Specifications) devided in Materials and Labor. Please indicate these two items separately.
2.2 Brand Names and Model Numbers
Any specific brand names and/or model numbers indicated—while often preferred—are for description only. An equivalent substitute, as determined by the specifications, will be acceptable. Any differences between requested commodities and offered items must be clearly noted and explained.
2.3 Past Performance
One of the main eligibility criteria is Past Performance. Succesfull offerors are requested to have minimum 3 similar size projects in the past. In the Technical Volume, all offers should include information for at least three (3) client references for similar technical activities or commodities supplied in the same amount of the contract.
The information supplied must include a.) the name, address, contact person, and current phone number of the organization for which services were performed; b.) a brief description of the work performed; c.) the duration (including the dates) of the work and amount (specify the currency) of the contracts/subcontracts. If the Offeror encountered problems in carrying out any of these contracts, it should provide an explanation of the problem encountered and describe any corrective action taken. Failure to submit complete and accurate information regarding previous similar or related contracts is grounds for disqualification from the evaluation process.
ATIC reserves the right to obtain past performance information obtained from sources other than those identified by the offeror. ATIC shall determine the relevance of similar past performance information.
2.4 In-Country Warranty Service and Repair Requirements
All commodities supplied under this subcontract must be covered by the manufacturer’s standard warranty which shall, at a minimum, be valid in Moldova and protect ATIC from any loss due to defective workmanship, material, and parts, for 60 (sixty) months after delivery and installation of the materials.
Warranty for service and repairs within the cooperating country is required for all commodities under this RFP. The warranty must be valid on all commodities for 60 (sixty) months after delivery and acceptance of the commodities.
It is very important that these commodities be serviced with a well-established and capable local service provider/local agent, which must be an official provider, authorized dealer, or certified service provider or reseller of the brand offered.
At the time that any commodity is transferred to a third party all rights to warranty support and service shall be transferred with the commodity to that entity’s end-user.
Offerors should provide a signed letter from the service representative(s) in Moldova that certifies that the representative is authorized in Moldova, to provide support and service for all serviceable products included in the offer. The local service representative(s) must further state that they are willing and able to honor the warranties provided on all commodities by that manufacturer, including after-sales maintenance, repair, and spare parts. All relevant contact information for the local service provider—as well as the local service provider’s process for exercising the warranty, and the average response time for service – must be included.
If multiple authorized agents will be involved in providing warranty service, the offer must include the above-detailed information for each agent involved in warranty service.
2.5 Delivery Requirements
The delivery location for the items described in this RFP is ICTEC, str. Studentilor 9/11. 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.
Section 3: Draft Order Terms and Conditions
Per Section 1.17 of this RFP, in the event of a subcontract award resulting from an offer submitted in response to this RFP, the following terms and conditions will apply:
- All commodities delivered under this subcontract must be transferable to USAID, or another entity in the Cooperating Country designated by ATIC.
- Delivery Terms
- Delivery terms are _____. The Subcontractor shall deliver the deliverables as set forth to the delivery locations.
- Time is of the essence. By executing this subcontract, the Subcontractor confirms that it accepts that the delivery schedule stated herein is reasonable, and will comply with the delivery schedule.
- Customs clearance. The Subcontractor shall clear any international shipments through customs and deliver them to the appropriate location(s) specified in Article 5. ATIC is responsible for providing the Subcontractor with the necessary documentation required by Moldovan customs officials for duty-free customs clearance.
- Consignee address. For any international shipments requiring customs clearance in the Moldova, the following consignee address shall be used on each shipment to facilitate duty-free and tax-free customs clearance.
- U.S.-flag requirement. Any international transportation carried out under this subcontract shall take place on US-flag vessels/carriers. Any international air transportation shall be in accordance with FAR 52.247-63 (“Preference for U.S.-Flag Air Carriers”) and FAR 47.403 (“Guidelines for Implementation of the Fly America Act”).
- 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 Subcontractors 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.”
In 15 days after signing the contract
30 % of subcontract fixed price
In 15 days after delivery of the services and receipt of the services and goods
70% of subcontract fixed price
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:
the Subcontractor has delivered a proper invoice;
ATIC has issued an inspection certificate.
Payment will be made in MDL, 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:
Attention: Nona Cojocaru, Accountant
Moldova ICT Excellence Project
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:
- Subcontractor legal name, subcontract number, invoice date, and invoice number;
- Deliverable(s) number, description of approved deliverable(s), and corresponding value;
- Bank account information to which payment shall be sent.
3.4. Cooperating Country Fees, Taxes, and Duties
This subcontract is entered into by ATIC on behalf of the ICTEC Project, an official program of the Government of the United States in Republic of Moldova.
As such, this subcontract is free and exempt from any taxes, VAT, tariffs, duties, or other levies imposed by the laws in effect in Republic of Moldova. The Subcontractor shall not pay any host country taxes, VAT, tariffs, duties, levies, etc. from which this USAID program is exempt. In the event that any exempt charges are paid by the Subcontractor, they will not be reimbursed to the Subcontractor by ATIC. The Subcontractor shall immediately notify ATIC if any such taxes are assessed against the Subcontractor or its subcontractors/suppliers at any tier.
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. Cooperating Country Fees, Taxes, and Duties
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.
- Authorized USAID Geographic Code
The authorized USAID geographic code for this procurement 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-vol1-part228.pdf.
The source and nationality of all goods, commodities, and services provided under this subcontract must meet the above-specified USAID geographic code specified in accordance with the regulations found in 22 CFR 228.
The cooperating country for this subcontract is Moldova.
No commodities or related services may be supplied under this procurement 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).
- 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/sdnIt 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 article, including this paragraph (c), in all subcontracts and subawards issued under this subcontract.
- 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.
- 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.
- 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.
- 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.
- 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.
- Indemnity and Subcontractor Waiver of Benefits
- 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:
the acts or omissions of Subcontractor, its employees, officers, directors, agents or its subcontractors;
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;
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.
- 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.
- 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—
to procure for ATIC the right to continue use and, if authorized under this Subcontract, distribution of the infringing goods or services or,
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.
- Inspection and Acceptance
- Prior to delivery, any commodities under this subcontract—including raw materials, components, intermediate assemblies, and end products—shall be subject at any time to inspection and testing at the request of ATIC at the expense of ATIC. ATIC will notify the Subcontractor in writing of the names of any inspectors or inspection firms. It is understood that inspection or testing shall not in any way release the Subcontractor from any warranty or other obligations under this subcontract.
- If any inspection or test is made by or on behalf of ATIC on the premises of the Subcontractor, the Subcontractor shall provide reasonable facilities and assistance for the safety and convenience of ATIC or its inspectors in the performance of their duties without additional charge.
- Once commodities have been delivered to the delivery point by the Subcontractor, ATIC shall inspect the commodities to confirm compliance with the subcontract requirements. If the commodities are compliant with subcontract requirements, an inspection certificate will be issued by ATIC. In the event that the commodities are not fully compliant, the Subcontractor shall be required to remedy any defects or faults prior to acceptance by ATIC.
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.
In accordance with FAR Clause 52.243-1 “Changes—Fixed-Price” (AUG 1987), ATIC 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.
- 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.
ATIC 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 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: Moldova ICT Excellence Project
Str. Maria Cibotari 28, of 1B
Reference: RFP No.
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 ICTEC 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.
Name and Title of Signatory:
Company Name: &nnbsp;
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):
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.:
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 Republic of Moldova for service, warranty, etc.:
C. Telephone No.(s): Fax No.(s):
IV. Delivery time
TOTAL delivery estimate (after receipt of order)_______calendar days.
(NOTE: Delivery data must be honest, accurate, and upheld in any resulting subcontract.)
Name and title of authorized representative
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)
(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;
(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
(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
(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.
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 –
, are not
, presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
, have not
, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;
, are not
, presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;
, have not
, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(ii) The Offeror has
, 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: nbsp;
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.
[enter RFP number]
. The offeror shall complete the information in this statement as part of its proposal.
1. Authorized Negotiators
The offeror’s proposal in response to RFP No.
[enter RFP number]
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:
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.
By (Signature): ___________________ Title: _____________________
Printed Name: ____________________ Date: _____________________
Annex 1: Detailed Specifications and Requirements
Annex 1A contains the technical requirements of the commodities. Line items are broken down into individual technical specifications.
As part of the Technical Volume, for each technical specification line item listed in Annex 1, offerors must indicate the model offered and describe the extent to which each requested specification is met. If there is a difference between the requested specification and the offered item, please indicate and describe the difference. If there is no difference, write “same”.
Please also list all the additional works that are required to be done to complete the project in Annex nr 1B.
Annex 2: Price Schedule
In the Cost Volume, offerors must provide a quotation on official letterhead or official quotation format, containing the information below. Alternatively, offerors may complete this Annex 2 and submit a signed/stamped version to ATIC.
Other, Specify: _____________________________
Annex 3. Bank Guarranty in Romanian
(In case the Offeror’s cost proposal exceeds the equivalent of USD 50.000).
GARANŢIA PENTRU OFERTA (GARANŢIA BANCARĂ)
[Banca emitentă va completa acest formular de garanţie bancară în conformitate cu instrucţiunile indicate mai jos. Garanţia bancară se va imprima pe foaie cu antetul băncii, pe hîrtie specială protejată.]
[Numele băncii şi adresa oficiului sau a filialei emitente]
Beneficiar: _______________ [numele şi adresa autorităţii contractante]
GARANŢIE DE OFERTĂ Nr._________________
[denumirea băncii] a fost informată că [numele ofertantului] (numit în continuare „Ofertant”) urmează să înainteze oferta către Dvs. la data de ___________ (numită în continuare „ofertă”) pentru livrarea/prestarea ______________ [obiectul achiziţiei] conform invitaţiei la licitaţia nr.________________din _____________ 201_ [numărul şi data licitaţiei].
La cererea Ofertantului, noi, [denumirea băncii], prin prezenta, ne angajăm în mod irevocabil să vă plătim orice sumă sau sume ce nu depăşesc în total suma de [suma în cifre] ( [suma în cuvinte] ), la primirea de către noi a primei solicitări din partea Dvs. în scris, însoţite de o declaraţie în care se specifică faptul că Ofertantul încalcă una sau mai multe dintre obligaţiile sale referitor la condiţiile ofertei, şi anume:
a) şi-a retras oferta în timpul perioadei valabilităţii ofertei sau a modificat oferta după expirarea termenului-limită de depunere a ofertelor; sau
b) fiind anunţat de către autoritatea contractantă, în perioada de valabilitate a ofertei, despre adjudecarea contractului: (i) eşuează sau refuză să semneze formularul contractului; (ii) nu acceptă rectificarea erorilor aritmetice, efectuată de către grupul de lucru, erori depistate în ofertă în timpul examinării ei; sau (iii) eşuează sau refuză să prezinte garanţia de bună execuţie, dacă se cere conform condiţiilor licitaţiei, ori nu a executat vreo condiţie specificată în documentele de licitaţie, înainte de semnarea contractului de achiziţie.
Această garanţie va expira în cazul apariţiei uneia dintre următoarele situaţii:
a) Ofertantul devine ofertant cîştigător, la primirea de către noi a copiei înştiinţării privind adjudecarea contractului şi în urma emiterii Garanţiei de bună execuţie eliberată către Dvs. la solicitarea Ofertantului, sau
b) Ofertantul nu devine ofertant cîştigător, fie în urma primirii de către noi a copiei înştiinţării Dvs. despre numele altui ofertant cîştigător; fie la terminarea perioadei de treizeci de zile după expirarea valabilităţii ofertei depuse de către Ofertant în cadrul licitaţiei.
Prin urmare, orice cerere sau plată în conformitate cu această garanţie trebuie recepţionată de către noi la oficiu pînă la data respectivă inclusiv.
Prezenta garanţie este valabilă pînă la data de ______________________.
[semnătura autorizată a băncii]