Request for Proposals (RFP) No. 2024-364

RFP for Procurement of Internet Service

USAID Youth Advance

Education Development Center, Inc.

(Hereafter referred to as “EDC”)

RFP for Procurement of

Internet Services in Liberia

Date of Issuance:

December 16, 2024

Table of Contents

1. Purpose and Eligibility` 3

1.1 Purpose 3

1.2 Eligibility 3

2. General Information 3

2.1 Original RFP Document 3

2.2 RFP Provisions 3

2.3 Schedule of Events 4

3. Proposals Submission and Selection 4

3.1 Offeror’s Understanding of the RFP 4

3.2 Communication 4

3.3 Proposal Submission 5

3.4 Eligibility of Proposals 5

3.4.1 Complete Proposals 5

3.4.2 Past Performance 5

3.5 Evaluation Criteria 5

3.6 Selection 6

4. Scope of Work, Technical Specifications & Requirements 6

4.1 Scope of Work 6

4.2 Technical Requirements 7

5. Proposals Requirements 7

5.1 General Requirements 7

5.2 Detailed Budget & Budget Narrative 8

6. Contract Type, Payment and Terms 8
7. Organization Overview and Offeror Certification 8

7.1 Organization Overview and Certification 8

8. Proof of Business Registration and Up to Date Tax Certification 8

Education Development Center (EDC) is a global nonprofit that advances lasting solutions to improve education, promote health, and expand economic opportunity, with a focus on vulnerable and under-served populations.

United States Agency for International Development (USAID) selected EDC to implement the USAID The Youth Advance, a 5-year project with the goal of targeting 21,000 youth, ages 15-25, to increase economic self-reliance and resilience through a range of sustainable opportunities, tools, and support systems that enable them to improve their livelihoods and increase their abilities to contribute as both economically- and socially- productive and engaged family and community members

1. Purpose and Eligibility`

1.1 Purpose

The purpose of this RFP is to invite prospective Internet Service Provider (ISP) to submit proposal for the provision of robust Internet service that will adequately provide Internet connectivity to hundred of networked computer hosts in the The Youth Advance (UYA) office located in Congo Town. The requested service will have adequate redundancy at critical network points and at all other necessary levels so as to ensure interruptible Internet service and smooth operations at all times

1.2 Eligibility

This procurement is open to offers from organizations incorporated or legally registered under the laws of the Republic of Liberia.

2. General Information

2.1 Original RFP Document

EDC shall retain the RFP, and all related terms and conditions, exhibits and other attachments, in original form in an archival copy. Any modification of these, in the Offeror’s submission or subsequent contract, is grounds for immediate disqualification.

2.2 RFP Provisions

1. All information provided by EDC in this RFP is offered in good faith. EDC makes no certification that any item is without error. EDC is not responsible or liable for any use of the information or for any claims asserted therefrom.
2. This RFP under any circumstances does not commit EDC to pay any costs incurred by the Offeror in the submission of a Proposal. This is the Offeror’s responsibility.
3. All materials submitted in response to this RFP shall become the property of EDC upon delivery to EDC.
4. Additional documentation may be required prior to selection.
5. All Proposals in response to this RFP and other communications related must be in English.

2.3 Schedule of Events

The following schedule applies to this RFP but may change in accordance with EDC’s needs or unforeseen circumstances. Any changes made to the stated timeline will be announced as formal modifications to the RFP.

3. Proposals Submission and Selection

3.1 Offeror’s Understanding of the RFP

In responding to this RFP, the Offeror fully understands the RFP in its entirety and in details, including making any inquiries to EDC as necessary to gain such understanding. Clarification questions must be submitted by potential Offerors—in writing— by the date and time designated in Line A of the Chart in Section 2.3. Responses will be published in writing. EDC reserves the right to disqualify at its sole discretion any Offeror who submits a Proposal that is not responsive or that demonstrates less than such understanding. That right extends to the cancellation of the contract if a contract has been made. Such disqualification and/or cancellation shall be at no fault, cost, or liability whatsoever to EDC.

3.2 Communication

Verbal communication shall not be effective. In no case shall verbal communication govern over written communications.

Offerors’ inquiries, questions, and requests for clarification related to this RFP are to be directed in writing in English by the date and time designated in Line A of the Chart in Section 2.3 to:

Education Development Center, Inc.

Attention: Operations Manager

E-mail: TYAProcurement@edc.org

Email subject: “Questions regarding RFP No. 2024-364

3.3 Proposal Submission

Proposals must be provided on the Offerors’s letterhead or stationery and sent by email to:

Education Development Center, Inc.

Attention: Operations Manager

E-mail: TYAProcurement@edc.org

Email subject: “Proposal in Response to RFP No. 2024-364

Proposals must have the subject line of “Proposal in response to RFP No. 2024-364 and must include the number of emails (for example, Email 1 of 2, Email 2 of 2, etc.) in the subject line. The Proposal itself must include all documents required by the RFP in Word, Excel, or PDF and those documents must be attached to the email message(s); all attachments must be clearly labeled and must be numbered sequentially in order for EDC to review the Proposal. If the Proposal is sent in more than one email message, the Offeror must send all of the email messages with the Proposal submission on the same day and time the sending of the emails as closely as practicable.

It is the responsibility of the Offeror to ensure timely delivery of the Proposals to EDC by the date and time designated in Line C of the Chart in Section 2.3.

3.4 Eligibility of Proposals

3.4.1 Complete Proposals

Offerors must submit all components required by this RFP, including its annexes, in order for their Proposals to be complete. Before evaluating Proposals, EDC will determine which Proposals include the components required by the RFP, see Annex B, to be considered complete Proposals. Please note that although EDC will determine certain Proposals to be complete, this determination does not signify that an award will be made to one or any of the Offerors with complete Proposals. Only complete Proposals will be evaluated and considered for an award.

3.4.2 Past Performance

Offerors may be disqualified if a check of past performance demonstrates that the Offeror has not been able to deliver similar services on time and in a satisfactory manner.

3.5 Evaluation Criteria

The evaluation of each complete proposal submitted in response to this RFP will be based on its demonstrated competence, compliance, format, and organization. The purpose of this RFP is to identify those organizations that have the interest, capability, and financial strength to supply the services identified in Section 4.

Evaluation Criteria:

Cost proposals will be evaluated, but will not be assigned a rating. The evaluation of cost will include a determination of cost realism, completeness, and reasonableness. Cost realism is defined as the offerors’ ability to project costs which are realistic for the work to be performed; reflect a clear understanding of the requirements; and are consistent with the offeror’s technical capacity.

3.6 Selection

EDC may award a contract without discussions with Offerors. As such, Offerors are strongly encouraged to submit their best Proposals with their original submissions. EDC reserves the right to site visits and/or to conduct discussions, which may result in revisions to Proposals, with one or more than one or all Offeror(s) if EDC determines, at its sole discretion, discussions to be necessary. Discussions may include oral presentations provided by the Offeror.

4. Scope of Work, Technical Specifications & Requirements

4.1 Scope of Work

The project will require a detailed site survey by potential Internet Service Provider to provide an internet data link over fiber that will terminate directly into the EDC Office’s Congo Town office located at Fish Market, Tubman Boulevard, Sinkor, Monrovia, Liberia

The provider will subsequently develop options for solutions that will meet the EDC requirements.

Due to the critical nature of the applications that are operated through this Internet link, the provider shall be required to ensure availability of this service at all times. Any interruptions or service degradation below what is agreed upon or below EDC’s expectations will result in the loss of the subscription fees in the form of service credits commensurate with the duration that the service was un-available or when the service quality was unacceptable.

The provider shall ensure that there is a twenty four hour technical coverage of the service support and should therefore be operating a 24X7 support center. The provider shall provide any required hardware; telecommunications applications or software upgrade including any licenses that may be required to keep the service operational after the service has been commissioned. After the service has been commissioned the provider shall bear any installation costs that may be required to keep the quality of the service acceptable to EDC. Further, the provider will be responsible for additional costs arising from technical modifications, change of Internet provisioning technologies or change in agreements of the provider and her partners.

4.2 Technical Requirements

5. Proposals Requirements

5.1 General Requirements

Offeror must submit:

1. A detailed technical proposal explaining the services the Offeror proposes to meet the needs of EDC as described in Section 4.
2. A detailed price Proposal in accordance with Section 5.2.
3. A detailed policy regarding Internet services the Offeror intends to provide EDC in response to this RFP.
4. An organizational capacity statement outlining the Offeror’s institutional capability in relevant project activities and the Offeror’s financial and administrative capability and experience.
5. The forms and certifications specified in Section 7 and Annex D., Vendor Representation.

5.2 Detailed Budget & Budget Narrative

The detailed budget must be submitted in Microsoft Excel format and show:

The budget should include all applicable costs assocated with provision of the Internet services including but not limited to:

• Installation service fees
• Monthly subscription fee
• Hardware and Software (Note – the US Government prohibits procuring or obtaining covered telecommunications equipment, services, or systems produced by Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company or any subsidiary or affiliate of those companies. Any equipment proposed must comply with the US Government prohibition and the Vendor Representation in Annex D must be completed and included in the proposal.

6. Contract Type, Payment and Terms

EDC anticipates issuing a fixed price contract with payments made upon submission of agreed-upon deliverables. The selected organization must agree to abide by the price submitted for the duration of the contract

EDC reserves the right, at its sole discretion, to revise the payment schedule before issuance of a contract.

The anticipated contract terms and conditions for any resultant contract are provided in Annex C.

7. Organization Overview and Offeror Certification

7.1 Organization Overview and Certification

In order for their Proposals to be considered, the Offeror must complete and submit the organizational information form included in Annex A to this RFP and submit all the attachments required by Annex A to this RFP.

8. Proof of Business Registration and Up to Date Tax Certification

In order for the Proposals to be considered, the Offeror must complete and submit the proof of their Business Registration and up to date Tax Certification as an attachment to this RFP.

Annex A—Organizational Information and Certification Form

The Offeror must ensure that this form is duly completed and correctly executed by an authorized officer of the Offeror’s company.

A1. Organizational Information

Full legal name of the Offeror’s company:

Year the Offeror’s company was established:

Contact information regarding the proposal:

1. Individual’s full name and title:
2. Full office address:
3. Telephone number:
4. Fax number:
5. Email address:

Offeror’s Dun & Bradstreet Number:

The Offeror certifies, by checking the applicable box(es), that:

☐ The Offeror is a non-U.S. entity and it operates as:

☐ a corporation organized under the laws of (country name),

☐ an individual,

☐ a partnership,

☐ a nongovernmental nonprofit organization,

☐ a nongovernmental educational institution,

☐ a governmental organization,

☐ an international organization, or

☐ a joint venture.

A2. References

Please list the names, email addresses, phone numbers, and contact people at three organizations to which the Offeror has provided services of a similar or larger size and scope during the last 24 months, whom EDC can call on as references, and a description of the services provided to each organization. It is recommended that the Offeror alert the contacts that their names have been submitted and that they are authorized to provide performance information if requested by EDC.

Reference #1:

Organization Name:

Contact Person:

Email Address:

Telephone Number:

Type of Services Provided:

Value of the Services Provided:

Month and Year During Which Services were Provided:

Reference #2:

Organization Name:

Contact Person:

Email Address:

Telephone Number:

Type of Services Provided:

Value of the Services Provided:

Month and Year During Which Services were Provided:

Reference #3:

Organization Name:

Contact Person:

Email Address:

Telephone Number:

Type of Services Provided:

Value of the Services Provided:

Month and Year During Which Services were Provided:

A3. Incorporation, Registration, and Litigation

The following documents must be included in your proposal.

Documentation showing the Offeror’s current legal incorporation in the country in which it is incorporated:

☐ Attached

A copy of the Offeror’s currently active registration in the Liberia, demonstrating that the organization can legally operate in the Liberia if the Offeror will complete any work under a contract resulting from this RFP in the Liberia.

☐ Attached

☐ Offeror certifies that it will not complete any work under a contract resulting from this RFP in the Liberia and further certifies that it can legally operate in the country(ies) in which all work under a contract resulting from this RFP will take place.

Information regarding any current lawsuits, legal proceedings, court cases, or other litigation in which the Offeror, or any of the entities in the collaboration, are involved, regardless of the jurisdiction where the litigation resides.

☐ Attached

☐ Offeror certifies that it is not currently involved in any lawsuits, legal proceedings, court cases, or other litigation.

A4. Key Individuals

The names and titles of the Offerors’ key individuals are:

(a) the principal officers of the organization’s governing body (e.g., chairman, vice chairman, treasurer and secretary of the board of directors or board of trustees):

(b) the principal officer and deputy principal officer of the organization (e.g., executive director, deputy director, president, vice president):

(c) the program manager(s) for the proposed contract:

(d) any other person who will have significant responsibilities for the administration of the US Government-financed activities or resources under the proposed delivery of the services:

A5. Awareness and Agreement to the Content of this RFP

By signing this form, the Offeror attests to its awareness and agreement to the content of this RFP and all accompanying calendar schedules and terms and provisions contained herein, including but not limited to the payment terms in Section 6.

A6. Compliance With Applicable Laws and Regulations

By signing this form, the Offeror agrees to comply with all applicable U.S. federal laws and regulations including those governing affirmative action, E-Verify, equal employment opportunity, use of human participants in research, disabilities, prohibitions against supporting terrorism, prohibitions on human trafficking and prohibitions against discrimination, and, if the value of the contract resulting from this RFP is $10,000 or more, Executive Order 13496, Notification of Employee Rights Under Federal Labor Laws, see 29 CFR Party 471, Appendix A to Subpart A. Offeror hereby certifies that it is not delinquent on any State or Federal tax. The Offeror will cooperate with EDC in its efforts to comply with all laws, regulations and any award terms and conditions imposed by EDC by the sponsor(s) of this project.

A7. Debarment and Suspension

The Offeror further certifies that their firm (check one):

☐ IS

☐ IS NOT

currently debarred, suspended, or proposed for debarment by any United States federal entity. The undersigned agrees to notify EDC of any change in this status, should one occur, until such time as an award has been made under this procurement action.

A8. Proposals Validity

This proposal is submitted in response to an RFP issued by EDC. The undersigned is a duly authorized officer and hereby certifies that:

(Offeror Name)

agrees to be bound by the content of this Technical and Cost Proposals and agrees to comply with the terms, conditions and provisions of the referenced RFP. The Proposals shall remain in effect for a period of 90 calendar days as of the Due Date of the RFP.

A9. Authorized Negotiators

Person[s] authorized to negotiate on behalf of this firm for purposes of this RFP are:

A10. Signature

Signature of Authorized Officer:

Annex B – RFP Checklist

Please include this checklist with your Proposals

Name of Vendor: ________________________________________________

Annex C—Education Development Center, Inc. GENERAL TERMS AND CONDITIONS

1. Offeror (“Provider”) agrees to perform services as set forth in the Scope of Work, attached hereto, (“Services”) and EDC agrees to pay Provider upon satisfactory completion of the work and in accordance with the terms of this agreement (“Agreement”).
2. The Provider will submit invoices within thirty days of acceptance of the Services by the EDC Project Director. Invoices that do not include the Agreement number and a brief, identifying description of the service, will not be paid.
3. Provider’s relationship to EDC is that of an independent contractor. Provider certifies that he/she will not present or allege or claim to third persons in any manner whatsoever that he/she is employed by EDC. Provider further certifies that Provider makes his or her services available to the public through an independently established trade, occupation, profession or business and is licensed as required by applicable law or is part of a separate legally incorporated business and that EDC is not Provider’s sole client for this type of service. The provider shall determine the method, details, and means of performing the Services. EDC may not control, direct, or otherwise, supervise Provider’s assistants or employees in the performance of the Services. The provider will not use EDC facilities to perform the Services and Provider is free to make business decisions which affect Provider’s profit or loss. Nothing in this Agreement is intended to create a partnership, agency, employer, employee or joint venture relationship. The provider will be responsible for all taxes arising from compensation and other amounts paid under this Agreement and shall be responsible for all payroll taxes and fringe benefits of Provider’s employees. Neither federal, nor state, nor local income tax, nor payroll tax of any kind, shall be withheld or paid by EDC on behalf of Provider or its employees. Provider and Provider’s employees will not be eligible for, and shall not participate in, any employee pension, health, welfare, or other fringe benefit plan, of EDC. No workers’ compensation insurance shall be obtained by EDC covering Provider or Provider’s employees. If the work is to be performed in the US, Provider certifies that this individual is authorized to work in the US under US Law.
4. Provider indemnifies, defends and holds EDC harmless from and against all liabilities (including reasonable expenses and attorneys’ fees) incurred by or imposed on EDC in connection with any suits, or judgments related to Provider’s warranties, representations or performance of the Services under the Agreement.
5. The provider is advised to carry general comprehensive liability insurance in an amount consistent with industry standards.
6. All data, documentation, specifications, models, computer programs and code, and other technical and business information furnished or disclosed to Provider by EDC (“Confidential Information”) are the property of EDC, and all copies will be returned to EDC at the end of the performance period. Unless such Confidential Information was previously known to Provider free of any obligation to keep it confidential or is subsequently made public by EDC, it will be held in confidence by Provider and used only for the purposes of performing the Services.
7. Provider and EDC agree that all written material, software programs, code and documentation, and intangible or tangible inventions arising out of the performance of this Agreement, (“Deliverables”) shall belong to EDC. Provider agrees that the Deliverables are specially commissioned and works-made-for-hire and that EDC is deemed the author for copyright purposes. Notwithstanding anything to the contrary, to the extent that ownership in the Deliverables or any part thereof does not vest in EDC as a work made for hire, Provider hereby irrevocably and exclusively assigns and transfers in whole to EDC all of its right, title and interest in and to the Deliverables. Provider hereby waives any rights to the Deliverables afforded by the U.S. Visual Artists Rights Act, and all so-called “moral rights” to the Deliverables afforded under the law of any country. The provider will, as EDC requests, execute documents required to vest ownership in all right, title and interest in and to the Deliverables in EDC. The provider will acquire all rights as necessary to provide EDC with the rights agreed to be conveyed and will appoint EDC as attorney-in-fact to execute required documents. The provider will treat Deliverables as EDC Confidential Information. The provider will not incorporate any works in the preparation of Deliverables unless such works and their owners (including the owners of any intellectual property rights embodied therein) are identified in advance and in writing to EDC. If such works consist of or incorporate any materials owned by third parties, Provider warrants that he/she has the authority to grant to EDC unrestricted rights and licenses, free of any claim of rights by any other person or entity.
8. EDC may terminate the Agreement for any reason with fourteen (14) days with prior written notice. EDC will not be liable for any payments accruing after notice of termination without EDC’s approval.
9. If the Scope of Work identifies any individual(s) as Key Personnel then no substitution for such individual(s) may be made unless mutually agreed upon by the parties. In the event Provider anticipates that any Key Personnel may become unavailable or have reduced availability to perform hereunder, Provider will give EDC reasonable notice of the same and justification in writing, sufficient to permit EDC to assess the impact of their unavailability or reduced availability. EDC reserves the right to approve or disapprove any substitutions for Key Personnel proposed by Provider.
10. Provider represents and warrants that it will perform the Services in accordance with industry standards and that the work product will be delivered to EDC with no restrictions or obligations that would impair EDC’s rights under this Agreement. Additional Warranty for Work Product Containing Software: Provider further warrants and represents that all work product containing software that is delivered pursuant to this Agreement will conform to written specifications and will be free of “bugs”, viruses or similar defects that would render the work product unfit for its intended use. The provider will have 15 business days to modify the work product so that it meets all written specifications and performs as the parties intended. In the event Provider is unable to deliver work product that is “bug” or virus free or otherwise does not conform to written specifications within 15 days following notice from EDC that the work product is unfit for its intended use, EDC may terminate this Agreement and withhold payment or receive a full refund of all payments made to Provider pursuant to this Agreement.
11. Notice of Delay. In the event Provider knows or has reason to know that any actual or potential situation is delaying or threatens to delay the timely performance of the Services required hereunder, Provider will immediately provide written notice thereof, including all relevant information, to EDC. Receipt of such notice by EDC will not constitute a waiver by EDC of the delivery schedule or any of EDC’s rights or remedies under this Agreement.
12. Force Majeure. The Parties to this Agreement will be excused from any performance required hereunder if such performance is rendered impossible or impracticable due to any catastrophes or other major events beyond their reasonable control, including without limitation, war, riot and insurrection; laws, proclamations, edicts, ordinances or regulations; government shutdowns, strikes, lockouts or other serious labor disputes; and floods, fires, earthquakes, explosions or other natural disasters. A party affected by force majeure will take all reasonable measures to remove such party’s inability to fulfil its obligations hereunder with a minimum of delay. The affected party will notify the other party of such event as soon as possible, providing evidence of the nature and cause of such event, and will similarly give notice of the restoration of normal conditions as soon as possible. When such events have abated, the Parties’ respective obligations hereunder will resume; provided, however, that EDC may terminate this Agreement, at its option, if Provider is rendered unable to perform its obligations hereunder by an event or events of force majeure for more than a total of one hundred and twenty days (120) within any twelve-month period during the Term.
13. The failure of EDC to enforce any right under this Agreement is not a waiver of that right.
14. The provider may not transfer or subcontract any part of this Agreement to another party, without EDC prior written consent.
15. Provider agrees not to use the prime sponsor or EDC’s name or make reference to any prime sponsor or EDC employees in publications, news releases, advertising, speeches, technical papers, photographs, sales promotions, or publicity purposes of any form related to this work or data developed hereunder, unless Provider has received express written approval from EDC prior to such use.
16. This is the entire agreement with respect to its subject matter and there are no other agreements, either written or oral. It may be modified only by written amendment, executed by authorized representatives of both parties.
17. The interpretation of this Agreement and transactions or disputes under it shall be governed by the laws of the Commonwealth of Massachusetts, U.S.A.
18. Sections 3, 4, 6, 7, 15 and 17 will survive termination of this Agreement.
19. Provider agrees to comply with all applicable federal laws and regulations, including:

1. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Provider agrees to comply with all applicable standards for contracts in excess of $150,000.
2. Debarment and Suspension (Executive Orders 12549 and 12689). Provider hereby certifies that neither he/she, nor any principal of the organization, is presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency, and is not delinquent on any State or Federal tax.
3. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Provider certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Provider must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. This provision must be included in all contracts, subcontracts or subawards exceeding $100,000 awarded hereunder.
4. Procurement of recovered materials (2 CFR 200. 323). For Providers that are a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.
5. Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR 200.216). Provider agrees to comply with Section 889 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Public Law 115-232) and Federal Acquisition Regulation subpart 4.21, and 52.204-25 “Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment” (AUG 2020) which prohibits procuring or obtaining covered telecommunications equipment, services, or systems produced by Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company or any subsidiary or affiliate of those companies. Provider will not provide any prohibited services or equipment to EDC. If Provider discovers any covered equipment or services are being provided during the contract performance, then within one business day of such discovery the Provider must notify EDC and provide any information required for compliance purposes.
6. Domestic Preference for Procurements 2 CFR 200. 322. To the greatest extent practicable, Provider shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).
7. Provider will comply with applicable prohibitions against discrimination on the basis of: race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et seq.); race, color, religion, sex, or national origin, in Executive Order 11246 [3 CFR, 1964-1965 Comp., p. 339], as implemented by Department of Labor regulations at 41 CFR Part 60; sex or blindness, in Title IX of the Education Amendments of 1972 (20 U.S.C. 1681, et seq.); age, in the Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq.), as implemented by Department of Health and Human Services regulations at 45 CFR part 90; handicap, in: Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by Department of Justice regulations at 28 CFR Part 41, The Architectural Barriers Act of 1968 (42 U.S.C. 4151, et seq.), and Americans with Disabilities Act 42 USC 12101 et. Seq.; religion, in Executive Order 13798 and the Attorney General’s Memorandum of October 6, 2017, as implemented at 2 CFR 200.300; disability 41 CFR 60-741.5(a), which prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities; veterans 41 CFR 60-300.5(a), which prohibits discrimination against qualified protected veterans and requires affirmative action by covered prime contractor and subcontractors to employ and advance in employment qualified protected veterans.
8. Employment Eligibility Verification E-Verify (48 CFR 52.222-54). For contracts for commercial or noncommercial services or construction, has a value more than $3500, and includes work performed in the United States, Provider will enroll in e-Verify and verify new employees.
9. Common Federal Policy for the Protection of Human Subjects as codified by 45 CFR 46. Provider will comply with requirements on the use of human participants in research.
10. Executive Order 13224, Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism, dated September 23, 2001.
11. Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)) as implemented by 2 CFR 175.
12. Notification of Employee Rights Under Federal Labor Laws, see 29 CFR Part 471, Appendix A to Subpart A, Executive Order 13496. If the value of this Agreement is $10,000 or more.
13. Prohibition on Contracting for hardware, software, and services developed or provided by Kaspersky lab and other covered entities (FAR 52.204-23). Provider is prohibited from contracting for hardware, software, and services developed or provided by Kaspersky Lab, and successor entity to Kaspersky Lab; any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or any entity of which Kaspersky Lab has majority ownership.

Provider is obligated to understand the rules and regulations that govern this Agreement. Provider will cooperate with EDC in its efforts to comply with all laws, regulations and any award terms and conditions imposed on EDC by the sponsor(s) of this project.

ANNEX D – Vendor Representations:

Covered Telecommunications Equipment or Services-Representation (Dec 2019) (FAR 52.204-26)

(a)Definitions.As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the FAR clause52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (or, Annex D to this RFQ – EDC General Terms and Conditions, paragraph 31).

(b)Procedures.The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c)Representation.The Offeror represents that it ☐does, ☐ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

A8. Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) (FAR 52.204-24)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at52.212-3, Offeror Representations and Certifications-Commercial Items.

(a)Definitions. As used in this provision (reference FAR 52.204-25) —

Covered freeing country means The People’s Republic of China”

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it ☐ will ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

Authorized Vendor Representative Name and Title Signature and Date