RFQ_72038819Q00002.pdf

RFQ# 72038819Q00002

A. TITLE

SOLICITATION FOR SHORT TERM CONSULTANCY

B. STATEMENT OF WORK/ DELIVERABLES

B.1 PURPOSE

USAID Bangladesh is seeking an experienced individual with the ability to perform the tasks stated in section C of this document as a short term consultant. The timeline will be a maximum of 64 days from on or about March 1, 2019 through June 30, 2019.

B.2. CONTRACT TYPE

The contract type is firm fixed price purchase order.

B.3. CONTRACT PRICE

The firm fixed price of the contract is TBD.

[End of Section B]

C. DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

INTERNATIONAL CONSULTANT SUPPORT SERVICES

C.1 BACKGROUND

On behalf of the Local Consultative Group (LCG) for the Development Partners (DPs), USAID/Bangladesh is seeking to contract with a senior International Consultant to assist in the assessment, review and recommendation for the group, including its structure, best practices, and goals.

C.2 OBJECTIVE

The Local Consultative Group requires a review exercise to help understand the current efficiency of the LCG sectoral Working Groups (WGs) and their capability and needs to contribute in the country’s upcoming development issues and challenges.

C.3 STATEMENT OF WORK

With the recent developments of the Sustainable Development Goals (SDGs) and Government of Bangladesh’s (GoB) 7th Five Year Plan (7FYP) implementation, reviving the LCG WGs is essential. Further, there is a need to strengthen the GoB’s ownership of the LCG mechanism, at national and sector level. It is necessary to learn what is working and what could be done for better development dialogue and implementation of 7FYP and SDGs along with the development of the upcoming 8th Five Year Plan. A review exercise will help in understanding the current efficiency of these sectoral WGs and their capability and needs to contribute in the country’s upcoming development issues and challenges.

The services requested are to:

review the functionality of the working groups;

review alignment of existing LCG WGs with SDGs and 7FYP, as well as upcoming 8th

FYP (8FYP) priorities and identify options to improve alignment;

highlight what has worked well for the WGs and what has not;

identify gaps in coordination;

clarify the roles of Government and DPs in the WGs and ways to engage Civil Society

Organizations (CSOs) and other relevant stakeholders;

analyze best practices of each WG and their contribution towards fulfillment of SDG targets;

identify how information flows between the WGs, the LCG and stakeholders.

The review will analyze past recommendations from the 2012 and 2014 reviews, document good practices, gather lessons learned, and identify challenges in dialogue, coordination and monitoring. It will also identify support needed by individual WGs and make actionable recommendations for WG development and strengthening. The review will also capture the expected role of the LCG WGs in the context of the set milestones of Least Developed Countries (LDC) Graduation and implementation of the SDGs.

The Contractor will be expected to accomplish these tasks through development, distribution, and analysis of general questionnaire surveys (online/through email) and semi-structured interviews with Working Group Co-Chairs, individual Working Group members, key line ministries and divisions, and experienced development practitioners in the country. The process will also include consultation with specific sector consortium groups (i.e. health, education, etc.).

The contractor will work under the overall direction of the LCG WG Review Task Team (TT) and the direct supervision of USAID/Bangladesh.

C.4 DELIVERABLES

The expected deliverables and timeline include:

Summary of Deliverables Estimated Due Date Payment

1. Desk Review of all previous assessments and documentation

Within 10 days of the effective date of the award

2. Draft Proposal for conducting the review exercise submitted to and approved by LCG WG Review

TT

Within 20 days of the

3. Survey and Interviews conducted

Within 35 days of the effective date of the award

30% of total payment upon acceptance of deliverables and proper invoices

4. Draft Report submitted to and reviewed by LCG WG Review TT

Within 50 days of the effective date of the award

30% of total payment upon acceptance of deliverables and proper invoices

5. Semi-final Report shared with and commented by WGs Co- Chairs and LCG DP Plenary

Within 55 days of the

6. Final Report shared with and commented by WGs Co-Chairs

Within 60 days of the

7. Final Report presented at quarterly LCG Plenary Meeting

Within 64 days of the effective date of the award

40% of total payment upon acceptance of deliverables and proper invoices

C.5 CONTRACTOR EVALUATION CRITERIA

The contractor will be evaluated on the following technical knowledge and work experience.

The contractor must have excellent writing skill, documented by provided writing samples. The contractor must demonstrate the ability to put the most complex of concepts into a form that the layman can readily understand. Also, the contractor must have demonstrated the ability to prepare final documents for the LCG audiences that are clear and concise.

The contractor must demonstrate excellent knowledge of international development coordination structures and aid effectiveness principles.

Prior work in the international development context, including working with international donors required. Prior related work in Bangladesh or elsewhere in South Asia preferred.

C.6 WORK SCHEDULE

The contractor will initiate work within five business days of signature of the Purchase Order, unless otherwise agreed to in writing by USAID. The regular work week at the USAID Mission in Dhaka is Sunday – Thursday; 8:00 am to 4:30 pm, which may require the selected candidate to be available for calls during USAID/Bangladesh’s regular working hours. The contractor will be responsible for arranging his/her own work premises and transportation.

C.7 PERIOD OF PERFORMANCE

Total time period to complete all tasks stated in the deliverables is within four months after start date unless a different delivery date is agreed upon.

C.8 TIMELINE

The goal is to on-board the consultant by early March 2019. Interviews with Working Group Co- Chairs, individual Working Group members, key line ministries and divisions, and experienced development practitioners in the country are desired to commence by mid-April 2019, and a final review report provided by the quarterly LCG Plenary Meeting in June 2019. The timeline and dates are estimated and subject to change as necessary, C.9 SUBMISSION REQUIREMENT

The submission packet should include:

A detailed CV outlining consultants’ background and experience executing work as described in the Terms of Reference attached.

A detailed budget and a timeline / plan of action are also required.

At least three writing samples are required

Three recent references from similar consultative work required; candidates are requested to ensure information provided is correct and up to date.

Additional: complete USAID NON-EMPLOYEE VENDOR REQUEST / UPDATE form as stated in the section J

ADDITIONAL INFORMATION

Consultants should submit the requested submission package via email addressing to:

Kathlyn Bryant, Office Director and Supervisory Contracting Officer-Office of Acquisition and Assistance, USAID/Bangladesh, US Embassy Madani Avenue, Baridhara, Dhaka, and submitting via email to the POC contacts listed directly below.

Submission package with all information requested in section C.9 must be submitted no to emails Sharifaahmed@usaid.gov and Jfarjana@usaid.gov).

mailto:Sharifaahmed@usaid.gov mailto:Jfarjana@usaid.gov

[End of Section C]

D. Submission deadline:

Offers must be submitted to USAID/Bangladesh (by email to Sharifaahmed@usaid.gov and Jfarjana@usaid.gov) by close of business February 17, 2019, Dhaka time.

E. PAYMENT TERMS

Payment shall be made to the vendor upon receipt and acceptance of deliverables by USAID/Bangladesh, and receipt of a valid invoice. Payment will be made per the actual invoice (with supporting) and through Prompt Pay act (within 30 days after receiving the proper invoice and by EFT or Check) Invoice.

F. DURATION

Until June 2019

G. EXECUTIVE ORDER ON TERRORISM FINANCING

The Contractor/Recipient 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. It is the legal responsibility of the contractor/recipient to ensure compliance with these Executive Orders and laws. This provision must be included in all subcontracts/sub-awards issued under this contract/agreement.

H. AUTHORIZED GEOGRAPHIC CODE

The authorized geographic code for procurement of goods and service under this Purchase order is 935.

I. Contract Terms and Conditions-Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

mailto:Sharifaahmed@usaid.gov mailto:Jfarjana@usaid.gov

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g.,use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5CFR Part1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5CFR Part1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The StandardForm1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

J. LIST OF DOCUMENTS, EXIBITS AND OTHER ATTACHEMENTS

1. USAID NON-EMPLOYEE VENDOR REQUEST / UPDATE FORM

K. NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

The following clauses pertinent to this section are hereby incorporated by reference ( by Citation Number, Title, and Date) . The internet address to view the full text of the AIDAR is http://www.usaid.gov/ads/300/aidar.pdf

NUMBER

752.202-1

TITLE

USAID DEFINITIONS CLAUSE – SUPPLEMENT FOR USAID

DATE

DEC 1986

752.209-71

CONTRACTS INVOLVING PERFORMANCE OVERSEAS

ORGANIZATGION CONFLICT OF INTEREST DISCOVERED

AFTER AWARD

JUN 1993

752.211-70

LANGUAGE AND MEASUREMENT JUN 1992

752.225-70

SOURCE ORIGIN AND NATIONALITY REQUIREMENTS FEB 1997

752.225-71

LOCAL PROCUREMENT FEB 1997

752.7002

TRAVEL AND TRANSPORTATION JAN 1990

752.227-14

RIGHTS IN DATA – GENERAL OCT 2007

752.228-70

MEDICAL EVACUATION (MEDVAC) SERVICES JUL 2007

752.7008

USE OF GOVERNMENT FACILITIES OR PERSONNEL APR 1984

752.7010

CONVERSION OF U.S DOLLARS TO LOCAL CURRENCY APR 1984

752.7013

CONTRACTOR-MISSION RELATIONSHIP OCT 1989

752.7025

APPROVALS APR 1984

752.7027

PERSONNEL DEC 1990

752.7009

MARKING JAN 1993

752.7032

INTERNATIONAL TRAVEL APPROVAL AND JAN 1990

752.7033

NOTIFICATION REQUIREMENTS

PHYSICAL FITNESS

JULY 1997

L. CONTRACT CLAUSES

52.212-4, CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS, BY

REFERENCE

52. 202-1 DEFINITIONS

52.203-5 COVENANT AGAINST CONTINGENT FEES

52-203-7 ANTI-KICKBACK PROCEDURES

52-203-8 CANCELLATION, RESCISSION AND RECOVERY OF FUNDS FOR ILLEGAL

OR

IMPROPER ACTIVITY

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY

52.212-2 EVALUATION

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUES AND

EXECUTIVE

ORDERS

52.216-24 LIMITATION OF GOVERNMENT LIABILITY

52-216-25 CONTRACT DEFINITIZATION

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE

DRIVING

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

52.225-25 PROHIBITION TO CONTRACTING WITH ENTITIES ENGAGING IN

SANCTIONED

ACTIVITIES RELATING TO IRAN – REPRESENTATION AND CERTIFICATION

52.229-6 TAXES – FOREIGN FIXED-PRICE CONTRACTS

52.232-25 PROMPT PAYMENT

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR

REGISTRATION

52.233-2 SERVICE OF PROTEST

52.233-3 PROTEST AFTER AWARD

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS

52.247.63 PREFERENCE FOR US-FLAG AIR CARRIERS

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm%23P1771_248256 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm%23P1476_206928

M. SUBPART 12.4 -- UNIQUE REQUIREMENTS REGARDING TERMS AND CONDITIONS

FOR COMMERCIAL ITEMS

12.401 -- GENERAL

This subpart provides --

Guidance regarding tailoring of the paragraphs in the clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, when the paragraphs do not reflect the customary practice for a particular market; and

Guidance on the administration of contracts for commercial items in those areas where the terms and conditions in 52.212-4 differ substantially from those contained elsewhere in the FAR.

12.402 -- ACCEPTANCE

a) The acceptance paragraph in 52.212-4 is based upon the assumption that the Government will rely on the contractor’s assurances that the commercial item tendered for acceptance conforms to the contract requirements. The Government inspection of commercial items will not prejudice its other rights under the acceptance paragraph. Additionally, although the paragraph does not address the issue of rejection, the Government always has the right to refuse acceptance of nonconforming items. This paragraph is generally appropriate when the Government is acquiring noncomplex commercial items.

b) Other acceptance procedures may be more appropriate for the acquisition of complex commercial items or commercial items used in critical applications. In such cases, the contracting officer shall include alternative inspection procedure(s) in an addendum and ensure these procedures and the post award remedies adequately protect the interests of the Government. The contracting officer must carefully examine the terms and conditions of any express warranty with regard to the effect it may have on the Government’s available post award remedies (see 12.404).

c) The acquisition of commercial items under other circumstances such as on an “as is” basis may also require acceptance procedures different from those contained in 52.212-4. The contracting officer should consider the effect the specific circumstances will have on the acceptance paragraph as well as other paragraphs of the clause.

12.403 -- TERMINATION.

a) General. The clause at 52.212-4 permits the Government to terminate a contract for commercial items either for the convenience of the Government or for cause. However, the paragraphs in 52.212-4 entitled “Termination for the Government’s Convenience” and “Termination for Cause” contain concepts which differ from those contained in the termination clauses prescribed in Part 49. Consequently, the requirements of Part 49 do not apply when terminating contracts for commercial items and contracting officers shall follow the procedures in this section. Contracting officers may continue to use Part 49 as guidance to the extent that Part 49 does not conflict with this section and the language of the termination paragraphs in 52.212-4.

b) Policy. The contracting officer should exercise the Government’s right to terminate a http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm%23P1771_248256 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm%23P1771_248256 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm%23P1771_248256 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm%23P1771_248256 contract for commercial items either for convenience or for cause only when such a termination would be in the best interests of the Government. The contracting officer should consult with counsel prior to terminating for cause.

c) Termination for cause.

1. The paragraph in 52.212-4 entitled “Excusable Delay” requires contractors notify the contracting officer as soon as possible after commencement of any excusable delay.

In most situations, this requirement should eliminate the need for a show cause notice prior to terminating a contract. The contracting officer shall send a cure notice prior to terminating a contract for a reason other than late delivery.

2. The Government’s rights after a termination for cause shall include all the remedies available to any buyer in the marketplace. The Government’s preferred remedy will be to acquire similar items from another contractor and to charge the defaulted contractor with any excess re-procurement costs together with any incidental or consequential damages incurred because of the termination.

3. When a termination for cause is appropriate, the contracting officer shall send the contractor a written notification regarding the termination. At a minimum, this notification shall --

i. Indicate the contract is terminated for cause;

ii. Specify the reasons for the termination;

iii. Indicate which remedies the Government intends to seek or provide a date by which the Government will inform the contractor of the remedy; and

iv. State that the notice constitutes a final decision of the contracting officer and that the contractor has the right to appeal under the Disputes clause (see 33.211).

4. The contracting officer, in accordance with agency procedures, shall ensure that information related to termination for cause notices and any amendments are reported. In the event the termination for cause is subsequently converted to a termination for convenience, or is otherwise withdrawn, the contracting officer shall ensure that a notice of the conversion or withdrawal is reported. All reporting shall be in accordance with 42.1503(f).

d) Termination for the Government’s convenience.

1. When the contracting officer terminates a contract for commercial items for the

Government’s convenience, the contractor shall be paid --

i. (A) The percentage of the contract price reflecting the percentage of the work performed prior to the notice of the termination for fixed-price or fixed-price with economic price adjustment contracts, or http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/33.htm%23P184_40084 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/42.htm%23P776_112355

(B) An amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rates(s) in the Schedule; and

ii. Any charges the contractor can demonstrate directly resulted from the termination. The contractor may demonstrate such charges using its standard record keeping system and is not required to comply with the cost accounting standards or the contract cost principles in Part 31. The Government does not have any right to audit the contractor’s records solely because of the termination for convenience.

2. Generally, the parties should mutually agree upon the requirements of the termination proposal. The parties must balance the Government’s need to obtain sufficient documentation to support payment to the contractor against the goal of having a simple and expeditious settlement.

12.404 -- WARRANTIES.

a. Implied warranties. The Government’s post award rights contained in 52.212-4 are the implied warranty of merchantability, the implied warranty of fitness for particular purpose and the remedies contained in the acceptance paragraph.

1. The implied warranty of merchantability provides that an item is reasonably fit for the ordinary purposes for which such items are used. The items must be of at least average, fair or medium-grade quality and must be comparable in quality to those that will pass without objection in the trade or market for items of the same description.

2. The implied warranty of fitness for a particular purpose provides that an item is fit for use for the particular purpose for which the Government will use the items. The Government can rely upon an implied warranty of fitness for particular purpose when—

i. The seller knows the particular purpose for which the Government intends to use the item; and

ii. The Government relied upon the contractor’s skill and judgment that the item would be appropriate for that particular purpose.

3. Contracting officers should consult with legal counsel prior to asserting any claim for a breach of an implied warranty.

b. Express warranties. The Federal Acquisition Streamlining Act of 1994 (41 U.S.C. 264 note) requires contracting officers to take advantage of commercial warranties. To the maximum extent practicable, solicitations for commercial items shall require offerors to offer the Government at least the same warranty terms, including offers of extended warranties, offered to the general public in customary commercial practice. Solicitations may specify minimum warranty terms, such as minimum duration, appropriate for the Government’s intended use of the item.

1. Any express warranty the Government intends to rely upon must meet the needs of the Government. The contracting officer should analyze any commercial warranty to determine if –

i. The warranty is adequate to protect the needs of the Government, e.g., items covered by the warranty and length of warranty;

ii. The terms allow the Government effective post award administration of the warranty to include the identification of warranted items, procedures for the return of warranted items to the contractor for repair or replacement, and collection of product performance information; and

iii. The warranty is cost-effective.

2. In some markets, it may be customary commercial practice for contractors to exclude or limit the implied warranties contained in 52.212-4 in the provisions of an express warranty. In such cases, the contracting officer shall ensure that the express warranty provides for the repair or replacement of defective items discovered within a reasonable period of time after acceptance.

3. Express warranties shall be included in the contract by addendum (see 12.302).

N. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) FULL TEXT

CLAUSES

Not applicable

USAID NON-EMPLOYEE VENDOR REQUEST / UPDATE FORM

Request Type Add New Vendor Update Existing Vendor

Vendor Code ___________________________________ Vendor Address Code ___________________

General Vendor Information Vendor Name _________________________________________________________________________

DUNS* _____________________ DUNS+4 ____________________ CAGE/NCAGE ________________

Is vendor active in SAM? Yes No In Progress If “no”, please select reason for exemption**

SSN/EIN___________________ TIN Type SSN EIN 1099 Vendor

Currency/Currency Code (only for Trust Funds) ______________________________________________ See Banking Information section below to specify payment currency information

Use for: Billing Procurement Payment

Vendor Type US Federal Agency US Business Foreign Business Personal Services Contractor (US PSC) Foreign Service National (FSN/TCN PSC) Invitational Traveler

State & Local Government Grant Recipient Foreign Government Private Voluntary Organization (PVO) Public International Organization (PIO)

Vendor Contact Name __________________________________________________________________ Phone Number ________________________________________________________________________ Email Address _________________________________________________________________________

To sync a SAM vendor, or to add/update a SAM exempt A&A vendor, email this form to vrequest@usaid.gov.

To add non-US currency payment line to an existing A&A vendor, please consult with your OFM to submit this form to you Vendor Processing Mission. The Vendor Processing Mission list can be found here on the Phoenix Guides and Procedures page under the Vendor subsection in the right column.

Per ADS 545, personally identifiable information (PII) must be encrypted in order to send the file via email. When submitting this form, zip and encrypt it with a password and then send the password in a separate email.

https://pages.usaid.gov/M/CFO/phoenix-guides-and-procedures-2 mrahman Highlight mrahman Highlight mrahman Highlight mrahman Highlight mrahman Highlight mrahman Highlight mrahman Highlight

City _______________________ Country ___________________ State _____ Postal Code __________

Remittance Address ____________________________________________________________________

City _______________________ Country ___________________ State _____ Postal Code __________

Banking Information For US Dollar payments (EFT/Direct Deposit) Bank Name ___________________________________________________________________________ ABA Number (Bank 9 digit Routing #) __________________ Account Type Checking Savings

For Local Currency payments Swift Code ____________________________________________________________________________ Currency/Currency Code ________________________________________________________________ To view available USDO currency codes, please review Phoenix Currency Codes found here

IBAN ________________________________________________________________________________

*DUNS Number Requirement – Data Universal Numbering System (DUNS) number is the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet (currently at http://fedgov.dnb.com/webform). All vendors (including foreign businesses) receiving USAID awards over the monetary threshold established in FAR 4.6 must obtain their own unique DUNS number. If a vendor does not have a DUNS number and they meet the associated requirements, as indicated in FAR 4.605, then a generic DUNS may be used. The ADS 309 also provides guidance on the use of generic DUNS for PSCs where the Place of Performance is outside of the United States.

**SAM Registration Requirement – In addition to the DUNS number requirement, all vendors doing business with the Federal Government must be registered in the System for Award Management (SAM) database (http://www.sam.gov), unless they qualify for an exception set forth by Agency policy. FAR 4.11 provides some exceptions to SAM registration for Acquisitions awards made to foreign vendors for work performed outside the United States. 2 CFR 25.110 provides a list of exceptions to SAM registration and/or DUNS requirements for Assistance vendors.

Bank Account Number __________________________________________________________________

Sub-Routing Number ___________________________________________________________________ Sub-Bank Name _______________________________________________________________________ Sub-Bank Account Number ______________________________________________________________

*For vendor address lines using the 022 currency

Address Information

Mailing Address _______________________________________________________________________

City _______________________ Country ___________________ State _____ Postal Code __________

Physical Address _______________________________________________________________________ https://pages.usaid.gov/M/CFO/phoenix-guides-and-procedures-2 http://fedgov.dnb.com/webform http://www.sam.gov/ https://acquisition.gov/far/current/html/Subpart%204_11.html%23wp1073569 http://www.ecfr.gov/cgi-bin/text-idx?SID=e10a4c7b3410ddc02885fd2b1da67f76&node=2:1.1.1.2.2.1.1.3&rgn=div8 mrahman Highlight mrahman Highlight mrahman Highlight mrahman Highlight mrahman Highlight mrahman Highlight mrahman Highlight mrahman Highlight mrahman Highlight mrahman Highlight mrahman Highlight mrahman Highlight