SOL-617-17-000021.pdf

Issuance Date: July 12, 2017

Bidder’s Conference:

Deadline for registering to attend Bidder’s Conference: July 19, 2017, 4pm Uganda time Date and Time of Bidder’s Conference: July 20, 2017, 2-4pm Uganda time Location of Bidder’s Conference: Will be provided after registration

Deadline for Submission of Questions: July 21, 2017, 10:00 am Uganda time

Submission of Proposals:

Closing Date for submission of proposals: August 9, 2017 Closing Time for submission of proposals: 4:00 p.m. Uganda time

SUBJECT: Solicitation Number SOL-617-17-000021 Request for Proposals for Procurement and Installation of the Software Component of an Enterprise Resource Planning (ERP) System for National Medical Stores (NMS)

USAID/Uganda is seeking proposals from qualified organizations interested in providing and installing the Software Component of an Enterprise Resource Planning (ERP) System for National Medical Stores (NMS).

This procurement will be conducted under full and open competition under which any type of organization (U.S. and Non U.S. commercial for profit firms, educational institutions, and non-profit organizations) is eligible to compete. The procedures set forth in Federal Acquisition Regulation (FAR) Part 12.3 and Part 15 apply.

USAID anticipates awarding a five-year (3 year base and 2 option years) Firm Fixed Price (FFP) contract.

The RFQ and any amendments to this solicitation will be issued and posted on the FBO website at https://www.fbo.gov. It is the Offeror’s responsibility to check the website periodically for official updates and amendments to the solicitation. It is the responsibility of the recipient of this solicitation document to ensure that it has been received from the internet in its entirety and USAID bears no responsibility for data errors resulting from transmission or conversion processes.

This RFP consists of this cover letter and the following:

Section A – Solicitation cover form SF 1449 Section B – Contract Information Section C—Specifications Section D – Contract Clauses Section E – Instructions for Offerors Section F – Evaluation Criteria Section G – Solicitation Provisions Section H –Representations and Certifications Section I –List of Attachments

Proposals must be submitted via e-mail to kampalausaidsolicita@usaid.gov no later than the closing date and time specified above. Incomplete information submitted in response to this request for quotation will result in disqualification from competition. Offers must remain valid for 120 calendar days from the due date for the receipt of offers.

https://www.fbo.gov/ mailto:kampalausaidsolicita@usaid.gov

SOL-617-17-000021

ERP SOFTWARE AT NMS

SECTION B: CONTRACT INFORMATION

1. PURPOSE

The purpose of the contract is to supply and install an Enterprise Resource Planning Software in medical offices around Uganda, enabling a seamless exchange of information within the organization, as well as to train users on the system as detailed in Section C.

2. CONTRACT TYPE

This is a firm fixed price contract.

3. CONTRACT PAYMENT AND DELIVERABLE SCHEDULE

[To be completed upon award]

4. PLACE OF PERFORMANCE

Uganda

5. PERIOD OF PERFORMANCE

The period of performance of this contract is three (3) years from the date of award.

OPTION PERIOD: The option performance period is two option years.

6. DESIGNATION OF RESPONSIBLE USAID OFFICIALS

The Contracting Officer is:

Nancy Kleinhans Contracting Officer U.S Agency for International Development US Mission Compound South Wing Plot 1577 Ggaba Road, Nsambya Kampala, Uganda E-mail: nkleinhans@usaid.gov

The Contracting Officer’s Representative (COR) is:

Rose Okot-Chono US Agency for International Development US Mission Compound South Wing Plot 1577 Ggaba Road, Nsambya Kampala, Uganda E-mail: rochono@usaid.gov

7. REPORTING

a. Summary table for required reports:

YEAR ONE

Report Due date Delivered to Annual work plan 45 days after award COR AMELP 90 days after award COR Monthly Progress, Operations & Maintenance Report

On the 5th business day of the month to cover the prior month’s implementation.

COR

Quarterly VAT Reports 25th of the month after the calendar year quarter end. For example, taxes and receipts for the period January to March are due April 25.

COR

Annual VAT Report April 16, Per Clause D.14 Annual report Draft due 30 days before the end of the fiscal year.

Final due 60 days after receipt of USAID comments to the draft.

COR

YEAR TWO

Report Due date Delivered to Annual work plan 45 days after award COR AMELP 90 days after award COR Monthly Progress, Operations & Maintenance Report

On the 5th business day of the month to cover the prior month’s implementation.

COR

Quarterly VAT Reports 25th of the month after the calendar year quarter end. For example, taxes and receipts for the period January to March are due April 25.

COR

Annual VAT Report April 16, Per Clause D.14 Annual report Draft due 30 days before the end of the fiscal year.

Final due 60 days after receipt of USAID comments to the draft.

YEAR THREE

Annual work plan 30 days before the start of the fiscal year COR Monthly Progress, Operations & Maintenance Report

On the 5th business day of the month to cover the prior month’s implementation.

COR

Quarterly VAT Reports 25th of the month after the calendar year quarter end. For example, taxes and receipts for the period January to March are due April 25.

COR

Annual VAT Report April 16, Per Clause D.14 Final report Draft due 60 days prior to the end of the COR

Report Due date Delivered to contract.

COR to provide comments within 2 weeks. Final Report due not later than contract end date.

Final report 30 days prior to award end date. If option years are exercised then the due date would move from Year 3 to the last year exercised.

COR

Close out & Disposition Plan

Draft due six (6) months prior to the contract end date.

Final due four months prior to contract end date. If option years are exercised then the due date would move from Year 3 to the last year exercised.

COR & CO

OPTION YEAR ONE (YEAR FOUR OF IMPLEMENTATION):

Annual work plan 30 days before the start of the fiscal year COR Monthly Progress, Operations & Maintenance Report

On the 5th business day of the month to cover the prior month’s implementation.

COR

Quarterly VAT Reports 25th of the month after the calendar year quarter end. For example, taxes and receipts for the period January to March are due April 25.

COR

Annual VAT Report April 16, Per Clause D.14 Final report Draft due 60 days prior to the end of the contract.

COR to provide comments within 2 weeks. Final Report due not later than contract end date.

COR

Final report 30 days prior to award end date. If option years are exercised then the due date would move from Year 3 to the last year exercised.

COR

Final due four months prior to contract end date. If option years are exercised then the due date would move from Year

OPTION YEAR TWO (YEAR FIVE OF IMPLEMENTATION)

Annual work plan 30 days before the start of the fiscal year COR Monthly Progress, Operations & Maintenance Report

On the 5th business day of the month to cover the prior month’s implementation.

Quarterly VAT Reports 25th of the month after the calendar year COR

Report Due date Delivered to quarter end. For example, taxes and receipts for the period January to March are due April 25.

Annual VAT Report April 16, Per Clause D.14 Final report Draft due 60 days prior to the end of the contract.

COR to provide comments within 2 weeks. Final Report due not later than contract end date.

COR

Final report 30 days prior to award end date. If option years are exercised then the due date would move from Year 3 to the last year exercised.

COR

Final due four months prior to contract end date. If option years are exercised then the due date would move from Year

8. INSPECTION AND ACCEPTANCE

The contractor will comply with the Inspection and Acceptance provision in FAR 52.212-4 Contract Terms and Conditions -Commercial Items.

Inspection and acceptance by the Contracting Officer’s Representative will take place any of the sites identified in the Annual Work Plan for installation, training and maintenance.

9. WARRANTY

The warranty period will commence after inspection and acceptance is completed. The warranty period is for [to be completed after award] calendar days.

10. BRANDING AND MARKING

I. 752.7009 MARKING (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem.

Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

(b) Specific guidance on marking requirements must be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

(c) Authority to waive marking requirements is vested with the Regional Assistant Administrators, and with Mission Directors.

(d) A copy of any specific marking instructions or waivers from marking requirements is to be sent to the Contracting Officer; the original will be retained by the Contractor.

II. BRANDING AND MARKING POLICY

Branding Strategy Implementation and Markings under this contract must comply with the “USAID Graphics Standards Manual” available at http://www.usaid.gov/branding or any successor branding policy, as detailed in ADS Chapter 320.

III. BRANDING STRATEGY

In accordance with ADS 320 Branding and Marking, and USAID’s overall policy, all assistance delivered through this program must be clearly credited to the American People. This Branding Strategy (BS) outlines the framework in which materials and communications use to promote the program deliver the message that the assistance is from the American People, as well as to ensure appropriate use of the USAID identity markings. The branding strategy for this contract, as specified in USAID ADS 320.3.2.1, is as follows:

Program Name: Software Component of an Enterprise Resource Planning (ERP) System for

National Medical Stores (NMS).

Positioning: The branding must incorporate the message: The assistance is “from the

American people jointly sponsored by USAID and the Government of Uganda.”

Level of Visibility: USAID identity must be prominently displayed in: commodities or equipment; audio, visual or electronic public communications; studies, reports, publications, web sites, and all promotional and informational products; and events.

11. PAYING OFFICE

The paying office for this contract is:

US Agency for International Development US Mission Compound South Wing Plot 1577 Ggaba Road Nsambya Kampala, Uganda Attention: KampalaUSAIDVouchers@usaid.gov

12. INVOICE SUBMISSION

Requests for payment must be submitted on an SF-1034 form via e-mail to:

KampalaUSAIDVouchers@usaid.gov

The SF-1034 must be signed, and it must be submitted along with invoices and any other supporting documentation in Adobe.pdf format.

The contractor shall only submit the invoice upon completion and acceptance by USAID of a payment milestone as outlined in section 3. above.

13. PAYMENT SCHEDULE

USAID/Uganda payment terms are in accordance with FAR 32.9, Prompt Payment

(END OF SECTION B)

mailto:KampalaUSAIDVouchers@usaid.gov

SECTION C – STATEMENT OF WORK

A. Statement of Work

1. Background:

On August 25, 2016, the Uganda Ministry of Health (MOH) requested the USG to gap-fill national anti-retrovirals drugs requirements valued at $8.6 million during fiscal year (“FY”) 2016 and 2017. In preparation for providing the requested ARVs, the USG conducted a limited scope assessment of the supply chain system for ARVs in the public sector in October-December, 2016. On February 15, 2017, the USAID Mission to Uganda signed an Implementation Letter (IL) with the Government of Uganda (GoU) to establish the terms and conditions for the transfer, warehousing, distribution, tracking and reporting on the $8.6 million worth of USG-funded ARVs to be provided to the public sector through the National Medical Stores (NMS). Providing USAID commodities to the NMS has provided the Agency with the opportunity to help optimize NMS’ supply chain system and significantly further its health impact.

The NMS procures stores and distributes health commodities for the public sector in Uganda. With the help of the global donor community, NMS also receives donated commodities and assistance to ensure that its mission is successful. The NMS is International Organization of Standardization (ISO) 9001 certified and operates under established supply chain processes. However, its information systems (MACS and SAGE) are antiquated and neither integrated nor interoperable resulting in lost opportunities to maximize impact on health. Further, NMS’ supply chain systems are under increasing pressure to improve performance as donated commodities to the public sector are increasing.

In order to ensure accountability of increasing medical drugs and supplies to the public sector and to strengthen national systems for improved supply chain management, the GoU has requested and USAID/Uganda has agreed to establish a complete and integrated ERP software package that includes all supply chain management data for NMS and eventually all districts, hospitals, and health centers in Uganda. The new ERP software will replace the current MACS and SAGE system.

Within the current Sustainable Use of Health Systems PAD Implementation Plan, the ERP software system activity corresponds to the systems strengthening initiatives that seek to enhance institutional integrity and promote sustainability. This activity will serve outcome # 3 from the PAD– improved organization and management of service delivery. This activity will also align with the forthcoming Health Systems Strengthening Project currently in design. This activity will be authorized under the Development Objective (DO) 3: Key systems more accountable and responsive to Uganda’s development needs. The activity will attribute to the following IRS: 3.3 – Key elements of the systems strengthen; 3.4 – The enabling environment that supports functional systems improved; and

1.3 – Enhanced prevention and treatment of HIV, malaria and other epidemics among the most vulnerable.

2. Activity Description:

The purpose of the activity is to support the implementation and effective operations of an Enterprise Resource Planning (ERP) software system at NMS that will provide a more seamless exchange of information within the organization. This activity consists primarily of procuring software, providing training, software rollout implementation, and operation & maintenance services, which will ensure an integrated and interoperable software system that strengthens the management of the NMS’ supply chain. In order to ensure accountability of public health commodities and to strengthen national systems for improved supply chain management, USAID/Uganda has proposed to establish a complete and integrated ERP software package that includes all supply chain management data for NMS and will allow health facilities to order and track receipts and budgets on line.

The hardware components for the ERP system will be procured under a separate contract.

The contractor will provide a complete ERP software package for all business functions at the level of the NMS (Entebbe) and to allow for online ordering of all health commodities ordered by health facilities around the country. The functional requirements of the ERP software will cover the following key areas: Financial Management; Warehousing and Inventory; Sales and Marketing/ Order Fulfilment; Procurement; Product Catalog; Transportation; Customer Care; Human Resource; Quality Assurance; Audit; Risk Management; Performance Management; Business Intelligence & Reporting;

and Interoperability (refer to the functional requirements document in Attachment 1). For the software, 75 user licenses will be based at NMS while another 550 facility-based licenses will be based at different levels of public facilities.

The contract will take place over three phases, each corresponding to one year:

Phase I will include the roll out of all business function ‘modules’ at the level of the NMS and a pilot test of the ‘order and receipt’ function at 6 health facilities. The 75 users licenses at the NMS will be provided during phase I.

The contractor will establish an office presence in Kampala and a Helpdesk Center Operations service that will provide a single point of contact for all applications-related incidents and service requests nationwide. Overall systems stabilization, defect resolution, system maintenance, user administration and end-user problem resolution, availability and performance issues, etc. will be tracked through the Helpdesk Center Operations.

Phase II will include the expansion of the ‘order and receipt’ module to approximately 65 large facilities countrywide, including all regional referral hospitals (reference Attachment 2). The 65 health facilities will be determined after the Uganda Health Supply Chain (UHSC) activity conducts a rapid needs assessment. All selected sites will be based where RxSolution and Web-based ARV Ordering System (WAOS) have been installed and functioning previously. RxSolution is an inventory software system that tracks commodities at the facility level while the WAOS is a software systems that supports the ordering of ARVs and cotrimoxazole.

Phase III will include the expansion of the receipt and order function to 550 health facilities or health districts. Health districts may use the ERP to consolidate orders for and from health facilities within the district that, for hardware or connectivity reasons, cannot use the ERP software system directly.

With the exception of the 13 regional referral hospitals, the 550 health facilities or districts where the ERP will be installed, have not been identified. The eventual selection will be based on ‘volume’ i.e. a relatively large number of ART patients, ‘ease’ i.e. those not requiring considerable additional investments in hardware or connectivity, and, ‘representativeness’ i.e. a balance between district hospitals, health center IV’s and health center III’s.

OPTION YEAR ONE (Year Four of Implementation): Phase IV will include the expansion of the receipt and order function to 650 additional health facilities or health districts. Cumulatively, this means 1,200 facilities over the life of the contract. Health districts may use the ERP to consolidate orders for and from health facilities within the district that, for hardware or connectivity reasons, cannot use the ERP software system directly. The selection of the 650 facilities in Option Year 1 will be based on facilities that are currently ordering HIV commodities via WAOS. The final selection will be defined in the Annual Work Plan.

OPTION YEAR TWO (Year Five of Implementation): Phase V will include the expansion of the receipt and order function to 1,000 additional health facilities or health districts. Cumulatively, this means 2,200 facilities over the life of the contract. Health districts may use the ERP to consolidate orders for and from health facilities within the district that, for hardware or connectivity reasons, cannot use the ERP software system directly. The selection of the 650 facilities in Option Year 2 will be for facilities that order commodities directly to NMS. The final selection will be defined in the Annual Work Plan.

3. Results:

At the conclusion of this contract, NMS will be in a stronger position to ensure timely and efficient procurement, warehousing and distribution of key public health commodities to every district and health facility in Uganda.

This will include working closely with other donors at the national and district level to facilitate timely quantification and reporting of needs and sustainable financing by the government (National and District) as well as other donor financed initiatives (such as the Global Fund to Fight AIDS, Tuberculosis, and Malaria – GFATM) to institutionalize a high performing supply chain.

Key results for the contract include:

• Bimonthly quantification of HIV, family planning, maternal/child health, malaria commodities and other essential commodities ordered through the NMS system by health facilities;

• Efficient procurement, warehousing and distribution of essential medicines and health supplies to the public sector (reference the Essential Medicines and Health Supplies list for Uganda 2016-

MOH);

• Effective collaboration with national and district entities and outside donors involved in the procurement, warehousing and distribution process;

• Customer-focused and more accountable NMS;

• All essential business functions will be linked into an integrated computerized system;

• Commodity tracking will be improved and transparency increased; and

• Ordering for all essential medications (not just ARVs) from the NMS will be done online.

4. Indicators

Implementation, effectiveness and coverage will be monitored using indicators such as:

• the number and percentage of operational ERP software modules;

• Reduction in the number and percentage of tracer commodities out of stock, or expired;

• Increase in the percentage of stocks maintained between the minimum and maximum level of stock on hand;

• Increase the number and percentage of facilities ordering all essential medications to NMS via the

ERP software system.

5. Activity Monitoring & Evaluating:

An Activity Monitoring, Evaluation, and Learning Plan (AMELP) will be developed to monitor performance. The AMELP will clearly state how the proposed system and key performance indicators relate to the activity outputs and results. The activity will include performance indicators that are consistent with and meet the system needs of the activity, the Mission’s performance reporting system as well as PEPFAR reporting requirements and the Uganda Government. Routine system quality assessments will be required to validate and test functionality of the new ERP software.

6. Collaborating, Learning and Adapting (CLA)

Section 6.1 Collaborating

Collaboration enables cross-sector integration, convergence, and effective interventions to maximize development resources and enhance development results.

The contractor must share learning generated by monitoring data, portfolio review results, research findings, evaluations, analyses, and experiences with the roll out of the ERP software system. The contractor will apply actionable information and knowledge gained from collaborating partners to activity implementation in order to improve results.

USAID implementing partners (IPs) supporting the roll out of the ERP Software system must convene on a periodic basis to reflect on actions taken, exchange analysis, and propose decisions that affect implementation. IPs will include among others: Uganda Health Supply Chain Program and RHITES Programs.

The design of the activity included input from other USG agencies, CDC and DOD and the Government of Uganda. Development partners (CHAI, UNICEF, GFATM) were involved in the design of the activity.

Section 6.2 Learning

Regarding the leveraging of science, technology and innovation, USAID through the various support mechanisms will help NMS to set up state-of-the-art IT systems such as the use of barcodes for warehousing and distribution. USAID is also collaborating with other development partners to ensure that best practices are used in strengthening NMS.

Learning is intentional, systematic and resourced. Sources for learning include data from monitoring, portfolio reviews, findings of research, evaluations, analyses conducted by USAID or third parties, knowledge gained from experience, and other sources. Those documents produced by USAID will be shared with the contractor through the COR for consideration of the Learning phase of CLA.

These sources shall be used to develop and implement plans, manage adaptively, and contribute to the USAID/Uganda knowledge base in order to improve development outcomes. A Collaborative, Learning, and Adaptive focus helps to ensure that programming is coordinated, grounded in evidence, and adjusted as necessary to remain relevant and effective throughout implementation.

Knowledge generated by learning is to be applied throughout programming to implementation approaches, processes, and stakeholder engagement. Knowledge generated by learning should also be disseminated to activity stakeholders, partners, and collaborators in an appropriate forum and format that it may be translated into decisions and actions that enhance the potential of approaches and interventions designed to achieve common intermediate results.

Section 6.3 Adapting

The contractor should demonstrate adaptability that is informed by knowledge gained through learning, and recognize behaviors and incentives necessary to create change. Knowledge gained through learning should influence decision making, resource allocation, and adaptation to contextual shifts. Application of new knowledge to implementation decisions are to be reflected in the Annual Work Plan and AMELP. Decisions to adapt may be based on, but not limited to the following:

• Extraneous changes in the operating environment (i.e. emergency or natural disaster; national policy changes)

• Financial and human resource constraints

• Evidence that signals targets are not being achieved

• Emerging evidence that signals a need for course correction

Any changes to the scope of the contract i.e. change in results or outcome must be approved by the Cognizant Contracting Officer in a modification to the contract. Changes in technical approach may be approved by the COR by way of the COR’s authority to provide technical direction and approve Annual Work Plans.

7. Implementation Approach:

a. Geographic Focus

The contractor will implement, monitor and oversee all activities from within Uganda with office presence in Kampala.

The ‘ordering and receiving’ module of the ERP package will be rolled out at NMS and piloted in 6 sites in Year I, rolled out in 65 health facilities in Year II with reliable internet connectivity, and to 550 facilities (inclusive of the 65) in Year III. USAID will instruct the contractor on which sites to take on during the roll out. Final site selection will be included in the Annual Work Plans approved by

USAID.

In Year II, all (13) Regional Referral Hospitals will be included (reference Attachment I- Annex III).

The basis for selecting the remaining 52 facilities is:

1. District Hospitals or Health Center IVs with more than 2,000 HIV ART patients;

2. District Hospitals or Health Center IVs where RxSolution is installed and functioning;

In Year III, the basis for selecting the remaining 485 facilities is:

1. Hospitals, Health Center IVs and Health Center III’s with a high volume of patients, including

ART, Malaria and Tuberculosis.

2. Health facilities where RxSolution is installed and functioning.

3. Health facilities that do not require significant additional investments for hardware or internet connectivity.

There will be an effort by all stakeholders including MOH, NMS and districts led by USAID/Uganda to balance the additional 485 facilities geographically as well as by level (hospitals, health center IV’s and health center III’s).

Facilities for options years, if exercised, will be determined utilizing the criteria in Section 2. Activity Description.

b. Coordination with Government of Uganda Entities

The contractor will coordinate with various GOU entities including the Ministry of Health-AIDS Control Program, Quantification, Planning and Procurement Unit (QPPU); the NMS, participating Local Governments; and public facilities implementing the software. The coordination with government entities will be guided by relevant clauses contained in the Implementation Letter No.3.

c. Sustainability

The key to sustainability of the USAID investment centers on the payment of the annual license fee at both the NMS and facility level. Facilities that are using the ERP for ordering from NMS will not have the option of ordering outside of the ERP.

The ERP software system will be sustained, in the network of facilities where it is established, to the extent that it is useful and is used by the NMS for management and health facilities for ordering and receiving from NMS; and, is funded with GoU resources once USAID funding ends.

USAID/Uganda has signed an Implementation Letter (IL) with the Government of Uganda (GoU) to support the strengthening of public sector supply chain systems and provide commodities needed to fill ARV gaps in the public sector. USAID is in the process of amending the Implementation Letter (IL) to include the ERP software system and describes roles and responsibilities of the IL signatories regarding the ERP software system. USAID is also funding a cost study under the IL, to allow NMS to develop a fee structure that will ensure that its future revenues equal its future cost of doing business, including the ERP software licensing and maintenance. In the IL amendment, the Ministry of Finance, Planning and Economic Development (MOFPED) will authorize NMS to deduct the licensing fee from the health facility’s credit and NMS will commit to funding the ERP software licensing and maintenance needed for the NMS with warehousing and distribution fees paid by all users of the NMS, including the GoU.

d. Environmental Considerations

USAID/Uganda has an umbrella DO3 Initial Environmental Evaluation (IEE), filename:

Uganda_DO3_Health_ IEE_011516 for the period January 01, 2016 – September 30, 2021.

Under the IEE, the ERP software activity was reviewed and a categorical exclusion was approved.

8. Key Personnel:

The key personnel that the Contractor must furnish for the performance of this contract are as follows:

a) Project Director: The Project Director will provide overall strategic leadership and oversight to the activity. S/he should have depth and breadth of technical expertise and experience, a solid professional reputation, interpersonal skills and professional relationships to fulfill the requirements of the activity description.

Minimum Requirements:

• A Master’s degree in Information Technology (IT)/Software Management or related field OR

5 years of experience in Information Technology/Software Management for those without a Master’s degree (in addition to the requirements in bullet 2 and 3 below).

• Project Management certification/qualifications in addition to the above.

• A minimum of 5 years of experience in working with software implementation.

• Demonstrated leadership skills in working collaboratively with other donors, host country institutions, and international organizations;

• Minimum 5 years of experience working with private sector or other donor supported activity

• Minimum 5 years of experience in mentoring, coaching and skills transfer.

• Minimum 5 years of experience in developing activity work-plans, budgets and managing software implementation.

• Excellent past performance references.

b) Technical Lead: The Technical Lead shall provide overall technical implementation on the roll out of the ERP software system. S/he should have depth and breadth of technical expertise and experience, a solid professional reputation, interpersonal skills and professional relationships to fulfill the requirements of the activity description.

Minimum Requirements:

• A Master’s degree or higher in Information Technology (IT)/Software management OR 5 years of experience in Information Systems/Technology/Software management for those without a Master’s degree (in addition to the requirement in bullet 2 below).

• A minimum of 5 years of experience in development working with software implementation.

• Demonstrated team player skills in working collaboratively with other donors, host country institutions, and international organizations;

• Minimum 5 years of experience in mentoring, coaching and skills transfer.

• Minimum 4 years of experience in managing implementation, supervising project staff and short-term technical assistance consultants.

• Excellent past performance references.

The personnel specified above are considered to be essential to the work being performed hereunder. Prior to replacing any of the specified individuals, the Contractor must notify both the CO and the COR reasonably in advance and submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program.

No replacement will be made by the Contractor without the written approval of the CO.

END OF SECTION C

SECTION D - CONTRACT CLAUSES

D.1 FAR 52.212-4 Contract Terms and Conditions -Commercial Items (Jan 2017)

(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.

(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 FAR 52.233-1, 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 FAR 52.202-1, 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 5 CFR part 1315.

(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 5 CFR Part 1315.

(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 at 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 Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(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 Use 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.