Request for Quotations No. UYA 2024-340
USAID The Youth Activity
Education Development Center, Inc.
(Hereafter referred to as “EDC”)
PROCUREMENT FOR VSLA MATERIALS
Date of Issuance:
October 18, 2024
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.
The United States Agency for International Development (USAID) has selected EDC to implement the USAID The Youth Activity, five-year activity for Liberian youth to receive the support and services necessary to lead resilient, healthy, and productive lives. The USAID Youth Advance Activity is expected to achieve the following:
Organizations submitting quotations in response to this Request for Quotation (“RFQ”) must not have any relationship with USAID under the terms of this RFQ or any resultant contract. All communications regarding this RFQ will be directed to EDC.
1.1 Purpose
The purpose of the RFQ is to invite prospective offerors to submit quotations for the procurement of VSLA MATERIALS for “The Youth Advance (UYA) Project in Liberia.
1.2 Eligibility
This procurement is open to Offerors from organizations within the authorized Geographic code of 937. Code 937 is the United States, Liberia and developing countries other than advanced developing countries, excluding any country from a prohibited source.
2.1 Original RFQ Document
EDC shall retain the RFQ, 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 RFQ Provisions
2.3 Schedule of Events
The following schedule applies to this RFQ but may change in accordance with EDC’s needs or unforeseen circumstances. Changes in this timeline will be announced as formal modifications to the RFQ.
Line | Time | Date | Time Table |
A | 4:00 PM Liberia Time | October 18, 2024 | Deadline for submission of questions to EDC. Questions should be sent in writing by email to TYAProcurement@edc.org |
B | 4:00 PM Liberia Time | October 23, 2024 | Estimated date for issuance of responses by EDC. Responses will be issued as a formal modification to this RFQ and will be sent to all known prospective Offerors. |
C | 4:00 PM Liberia Time | October 28, 2024 | Deadline for submission of quotations via email to TYAProcurement@edc.org |
2.4 Inspection and Acceptance
Under any contract awarded in response to this RFQ, EDC may inspect and test the commodities to determine whether such commodities conform to the terms of the contract and its attachments. Unless otherwise agreed to in writing by EDC, EDC shall have a right to inspect commodities for conformity before payment or acceptance of such commodities, in accordance with Section 2-513(1) of the UCC. Payment for commodities made before inspection for conformity shall not constitute an acceptance of such commodities or impair EDC’s right to inspect such commodities or any of EDC’s remedies, in accordance with Section 2-512(2) of the UCC. Commodities rejected or commodities in excess of the quantities ordered may be returned to the selected offeror at the selected offeror’s expense.
3.1 Offeror’s Understanding of the RFQ
In responding to this RFQ, the Offeror fully understands the RFQ 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 B of the Chart in Section 2.3. Responses will be published in writing in accordance with Line C of the Chart in Section 2.3. EDC reserves the right to disqualify at its sole discretion any offeror who submits a quotation that is not responsive or that demonstrates less than such understanding. That right extends to 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 unless formally confirmed in writing by the EDC Contact Person in charge of managing this RFQ process. In no case shall verbal communication govern over written communications.
Offerors’ inquiries, questions, and requests for clarification related to this RFQ are to be directed in writing in English before the date and time designated in Line B of the Chart in Section 2.3 to:
Education Development Center, Inc.
Attention: UYA Procurement Team
E-mail: TYAProcurement@edc.org
Email subject: Questions regarding RFQ No. UYA 2024-340
3.3 Quotation Submission
All quotations must include a cover letter provided on the offeror’s letterhead or stationery and be signed in writing by the Authorized Officer of the offeror. It is not acceptable to provide only the typed name of the Offeror’s representative. Quotations submitted without a written signature will not be considered. The Authorized Officer of the offeror who signs the cover letter must also sign all other components of the quotation, which require a signature.
Quotation must be delivered via email to:
Education Development Center, Inc.
Attention: UYA Procurement Team
E-mail: TYAProcurement@edc.org
Email: subject: Quotation in response to RFQ No. UYA 2024-340
Quotations sent via email, quotations must have the subject line of “Request for Quotations for Procurement of VSLA MATERIALS and must include the number of emails (for example, Email 1 of 2, Email 2 of 2, etc.) in the subject line. The quotation itself must include all documents required by this RFQ in Word, Excel, or pdf format 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 quotation. If the quotation is sent in more than one email message, the offeror should send all of the email messages with the quotation submission on the same day and time and send the emails as closely together as practicable.
It is the responsibility of the offeror to ensure that the quotation is delivered to EDC by the deadline date listed in this RFQ.
All quotations must be received by EDC, before the date and time designated in Line C of the Chart in Section 2.3.
3.4 Eligibility of Quotations
3.4.1 Complete Quotations
Offerors must submit all components required by this RFQ, including its annexes, in order for their quotation to be complete. Please see Annex C for a list of the items to be included in the quotation. A Manufacturers Authorized Distributor or Dealer Certificate/Letter must be included as part of the quotation.
Before evaluating quotations, EDC will determine which quotations include the components required by the RFQ to be considered a complete quotation. Please note that although EDC will determine certain quotations to be complete, this determination does not signify that an award will be made to one or any of the offerors with complete quotations. Only complete quotations will be evaluated and considered for 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.
3.4.3 Compliance with Technical Specifications & Requirements
Offerors may be disqualified if the quotation does not demonstrate compliance with Section 4, Technical Specifications & Requirements.
3.5 Evaluation Criteria
EDC shall evaluate all complete quotations based on price. As part of the eligibility determination, the offeror must meet the delivery schedule, must provide a quote that meets the specifications, and all of the other required information.
3.6 Selection
EDC may award one or more contracts resulting from this RFQ to the Offeror(s) whose quotation(s) conforming to this RFQ offer(s) the greatest value. EDC may also (a) reject any or all quotations, (b) accept other than the lowest quotation, or (c) accept more than one quotation. Contracts may be issued for some or all of the lots. EDC, at its sole discretion, may waive informalities and minor irregularities in quotations received.
EDC may award a contract without discussions with Offerors. As such, Offerors are strongly encouraged to submit their best quotations with their original submissions. EDC reserves the right to conduct site visits and/or to conduct discussions, which may result in revisions to quotations, 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.
4.1 Specifications VSLA MATERIALS).
EDC intends to purchase VSLA MATERIALS as a result of this RFQ. Therefore, the options are detailed below that will assist EDC.
Offeror must meet the specifications listed in Section 4.1.
Technical Specification:
LOT 1:
No | Description | UoM | Quantity | Unit Price (USD) | Total Price (USD) |
1 | VSLA Metal Steel Box with Three (3) Lockers (Thickness of Metal-2MM, Length-800MM, Width-350MM, and Height 400MM) | Pcs | 130 | ||
2 | Padlock (Big Size) 70MM | Pcs | 390 |
LOT 2:
No | Description | UoM | Quantity | Unit Price (USD) | Total Price (USD) |
1 | Printing Pass Book (16Pages) | Booklets | 130 | ||
2 | Printing of Constitution (8pages) | Booklet | 130 |
LOT 3:
No | Description | UoM | Quantity | Unit Price (USD) | Total Price (USD) |
1 | Ledger Book (4 Quarter) | Pcs | 130 | ||
2 | Stamp and Stamp Pad | Pcs | 130 | ||
3 | Ruler | Pcs | 130 |
LOT 4:
No | Description | UoM | Quantity | Unit Price (USD) | Total Price (USD) |
1 | Clothes Bag | Pcs | 130 | ||
2 | Rubber Pan (Large Size) | Pcs | 130 |
4.2 Delivery Schedule and Location
The quotation must be based on the following delivery schedule. Offerors should indicate if they have the equipment and capacity, and if so, and they should provide a delivery schedule indicating the earliest possible delivery for each item.
Delivery Schedule
All items must be delivered between Ten(10) – Twenty (20) working days after issuance of a Purchase Order. If the Offeror is unable to meet the requested delivery schedule, please propose an alternative delivery schedule. Preference will be given to those Offerors that are able to meet the delivery schedule referenced above.
Delivery Address
Education Development Center, The Youth Activity office
Fish Market, Tubman Boulevard Sinkor, Monrovia, Liberia
4.3 Inspection of deliveries
EDC reserves the right to inspect to determine whether they conform to the specifications in Section 4.1. Any payments made before inspection for conformity shall not constitute an acceptance of such goods/services or impair EDC’s right to inspect the materials. Deliveries rejected may be returned to selected Vendor at the selected Vendor’s expense, subject to the following:
EDC may reject any or all of the deliveries or any part thereof that do not conform to EDC’s specifications and standards. The decision of the EDC representative will be final with regards to specifications as well as the intended purposes and will be binding on the Parties. The selected Vendor shall replace such rejected items at no additional cost to EDC.
4.4 Warranty
All Offerors must provide a document with proposed or applicable warranty for each (where applicable). In addition to any other express or implied warranties, Offerors must expressly warrant that:
The warranties set forth shall not be waived by reason of the acceptance of any items or payment therefore by EDC.
4.5 Other specifications
Offerors may not provide any items which were manufactured or produced in or shipped from countries sanctioned by the US government. Quotations that include items from countries sanctioned by the US government shall not be considered.
4.6 Shipment
If the selected Offeror will need to air or ocean-ship any items, to Monrovia, Liberia, air or ocean shipping must comply with USAID and U.S. Government regulations, which require shipment via US flag carrier. If US flag carrier is not available for all or some of the shipment, the offeror must provide specific information why US flag carrier is not available for which sections of the shipping, what percentage US carrier will ship and what percentage foreign carrier will ship. The offeror must be able to initiate the shipment of the commodities within 30 business days of written notification from EDC that EDC will purchase the commodities from the selected offeror.
All offerors must provide a timeline for shipment in order for their quotation to be considered; the timeline should indicate the country of origin of the shipment, if known. If the Offeror will not need to ship the item, please state this in the quotation.
The price quotation must include the costs for the Goods including any necessary components to meet the specifications in Section 4 including any in-country and (if needed) any ocean or air transport costs. The quotation must include costs on: 1) a per unit basis including any assembly cost; 2) transportation costs; 3) applicable fees; 4) applicable taxes including VAT; and 5) the total cost.
The country of manufacture for each item must be specified and included in the price quotation. The price quotation must be in USD. All offerors must provide a price guarantee that the quotation price remains valid for 120 calendar days. The quotation must follow the format provided in Annex D.
6.1 Payment
One or more firm-fixed-price contracts may be awarded in response to this RFQ. Payment will be made within two weeks of delivery, inspection and acceptance of the goods. No advance payments will be made.
Late shall be defined as any deliveries that occur after the date listed on the delivery schedule submitted by the Offeror and incorporated into any contract resulting from this RFQ.
EDC reserves the right, at its sole discretion, to revise the payment schedule before issuance of a contract. EDC further reserves the right to require the offeror to provide performance security or a bank guarantee.
6.2 Contract Terms
The anticipated contract terms and conditions for any resultant contract are provided in Annex E. EDC reserves the right, at its sole discretion, to revise the contract terms and conditions before issuance of a contract.
In order for their quotation to be considered, the offeror must complete and submit the Organizational Information and Certification Form included in Annex A to this RFQ and submit all the attachments required by Annex A to this RFQ.
Annexes A – E follow this page.
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. Please check each appropriate box and/or fill in ALL applicable lines below.
A1. Organizational Information
Full legal name of the Offeror’s company:
Year the Offeror’s company was established:
Contact information regarding the quotation:
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.
☐ The Offeror is a U.S. entity and:
☐ a corporation incorporated under the laws of the State of (state name),
☐ an individual,
☐ a partnership,
☐ a nongovernmental nonprofit organization,
☐ a state or local governmental organization,
☐ a private college or university,
☐ a public college or university,
☐ an international organization, or
☐ a joint venture.
☐ Small Business (SB) (self-certification)
☐ Small Disadvantaged Business (SDB) (self-certification)
☐ HUBZone Small Business (self-certification not available), certification issued by
☐ Woman Owned Small Business (WOSB) (self-certification)
☐ Veteran Owned Small Business (VOSB) (self-certification)
☐ Service-Disabled Veteran Owned Small Business Concern (SDVOSP) (self-certification)
☐ Large Business (LB)
☐ Other Certification, certification:
In addition to the above, the Offeror complies with the Small Business Administration’s Table of Size Standards. (See www.sba.gov for additional information.)
A2. References
Names, email addresses, telephone numbers and contact people at three organizations (preferably in Liberia) 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 Goods Provided:
Value of the Goods Provided:
Month and Year During Which Goods were Provided:
Reference #2:
Organization Name:
Contact Person:
Email Address:
Telephone Number:
Type of Goods Provided:
Value of the Goods Provided:
Month and Year During Which Goods were Provided:
Reference #3:
Organization Name:
Contact Person:
Email Address:
Telephone Number:
Type of Goods Provided:
Value of the Goods Provided:
Month and Year During Which Goods were Provided:
A3. Incorporation, Registration, Litigation, and Taxes
The following documents must be included in your quotation.
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 Liberia, demonstrating that the organization can legally operate in Liberia, if the Offeror will complete any work under a contract resulting from this RFQ in Liberia.
☐ Attached
☐ Offeror certifies that it will not complete any work under a contract resulting from this RFQ in Liberia and further certifies that it can legally operate in the country(ies) in which all work under a contract resulting from this RFQ 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 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 Offeror’s 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 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 RFQ
By signing this form, the Offeror attests to its awareness and agreement to the content of this RFQ 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 RFQ 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. 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 agree 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. Quotation Validity
This quotation is submitted in response to an RFQ issued by EDC. The undersigned is a duly authorized officer and hereby certifies that:
Offeror’s Name
agrees to be bound by the content of this Quotation and agrees to comply with the terms, conditions and provisions of the referenced RFQ. The Quotation shall remain in effect for a period of 120 calendar days as of the Due Date of the RFQ.
A9. Authorized Negotiators
Person[s] authorized to negotiate on behalf of this firm for purposes of this RFQ are:
Name: | Title: | ||
Signature: | Date: | ||
Name: | Title: | ||
Signature: | Date: |
A10. Signature
Signature of Authorized Officer:
Name: | Title: | ||
Signature: | Date: |
Annex B—Definitions (U.S. Entities Only)
The Small Business Administration (SBA), for most industries, defines a “small business” either in terms of the average number of employees over the past 12 months, or average annual receipts over the past three years. In addition, SBA defines a U.S. small business as a concern that: is organized for profit; has a place of business in the US; operates primarily within the U.S. or makes a significant contribution to the U.S. economy through payment of taxes or use of American products, materials or labor; is independently owned and operated; and is not dominant in its field on a national basis. The business may be a sole proprietorship, partnership, corporation, or any other legal form. In determining what constitutes a small business, the definition will vary to reflect industry differences, such as size standards (reference NAICS (www.census.gov/eos/www/naics/).
A Small Disadvantaged Business (SDB) is a small business that is at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged.
The SBA defines socially disadvantaged groups as those who have been, historically, subjected to “racial or ethnic prejudice or cultural bias” within the larger American culture. Identified groups include: African Americans, Asian Pacific Americans, Hispanic Americans, Native Americans and Subcontinent Asian Americans. Members of other groups may qualify if they can satisfactorily demonstrate that they meet established criteria.
Economically disadvantaged individuals are defined as those for whom impaired access to financial opportunities has hampered the ability to compete in the free enterprise system, in contrast to people in similar businesses who are not identified as socially disadvantaged.
A small business concern that appears on the list of Qualified HUBZones Small Businesses maintained by the US Small Business Administration. To determine if your business is located in a HUBZone, or to apply online, go to The Small Business Administration’s HUBZone website https://eweb1sp.sba.gov/hubzone/internet/index.cfm.
A small business that is at least 51 percent owned and actively managed by one or more women with either U.S. citizenship or U.S. resident alien status. Learn more at SBA’s Office of Women’s Business Ownership at http://www.sba.gov/aboutsba/sbaprograms/onlinewbc/index.html.
A small business concern that is:
Learn more at SBA’s Office of Veterans Business Development http://www.sba.gov/aboutsba/sbaprograms/ovbd/index.html.
A small business concern that is:
“Service-Disabled Veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected as defined in 38 U.S.C. 101(16). Learn more at the US Dept. of Veteran Affairs http://vabenefits.vba.va.gov/vonapp/main.asp.
NAICS
The North American Industry Classification System (NAICS) is the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy. For more information go to NAICS at http://www.census.gov/eos/www/naics/.
Annex C—RFQ Checklist
Please check the boxes in the column entitled “submitted” to ensure inclusion of all items in your submission.
Checklist Print Procurement | ||
Items to be included with quotation | Submitted | |
1. | Annex A – completed and signed Organization and Certification Form. Include all required attachments including: references, documentation of legal incorporation, tax clearance certificate, documentation of active registration in Liberia, a list of key individuals | ☐ |
2. | Annex C – Checklist | ☐ |
3. | Annex D – Price Quotation that complies with the sample template provided. | ☐ |
4. | Hard copy (s) of similar past work attached | ☐ |
5. | Warranty information (reference RFQ Section 4.4) | ☐ |
6. | Delivery schedule (reference RFQ Section 4.2) | ☐ |
7. | Price Guarantee of 120 days (reference RFQ Section 5) | ☐ |
Annex D. Price Template
LOT 1 | Description | Specifications Offered | Qty Needed (A) | Unit Price (excl. of VAT tax, incl. of any assembly) (USD) (B) | VAT Tax (USD) (C) | Total Cost For Items (USD) (A*B+C)=D) | Transportation or delivery costs to Congo Town Office, If applicable (USD) (E) | Total Cost (D+E) |
1 | VSLA Metal Steel Box with Three (3) Lockers | (Thickness of Metal-2MM, Length-800MM, Width-350MM, and Height 400MM) | 130 | |||||
2 | Padlock | 70mm | 390 | |||||
Annex D. Price Template
LOT 2 | Description | Specifications Offered | Qty Needed (A) | Unit Price (excl. of VAT tax, incl. of any assembly) (USD) (B) | VAT Tax (USD) (C) | Total Cost For Items (USD) (A*B+C)=D) | Transportation or delivery costs to Congo Town Office, If applicable (USD) (E) | Total Cost (D+E) |
1 | Printing Pass Book (16Pages) | Booklets | 130 | |||||
2 | Printing of Constitution (8pages) | Booklet | 130 | |||||
Annex D. Price Template
LOT 3 | Description | Specifications Offered | Qty Needed (A) | Unit Price (excl. of VAT tax, incl. of any assembly) (USD) (B) | VAT Tax (USD) (C) | Total Cost For Items (USD) (A*B+C)=D) | Transportation or delivery costs to Congo Town Office, If applicable (USD) (E) | Total Cost (D+E) |
1 | Ledger Book | 4 Quarter | 130 | |||||
2 | Stamp and Stamp Pad | Stamp and Stamp Pad | 130 | |||||
3 | Ruler | Ruler | ||||||
Annex D. Price Template
LOT 4 | Description | Specifications Offered | Qty Needed (A) | Unit Price (excl. of VAT tax, incl. of any assembly) (USD) (B) | VAT Tax (USD) (C) | Total Cost For Items (USD) (A*B+C)=D) | Transportation or delivery costs to Congo Town Office, If applicable (USD) (E) | Total Cost (D+E) |
1 | Clothes Bag | VSLA Clothes Bag | 130 | |||||
2 | Rubber Pan (Large Size) | Rubber Pan (Large Size) | 130 | |||||
Note: All quotes must indicate Value Added Tax (VAT) separately.
Delivery time (after receipt of order): working days
Length of warranty offered on VSLA Metal Steel Box with Three (3) Lockers (where applicable): years
Country of Manufacture: __________________________________
Location of the service center (s) in Liberia for after-sales service, including warranty repair:
Annex E
EDC General Terms and Conditions
GENERAL TERMS AND CONDITIONS
EDC Additional Terms and Conditions for Federally funded orders
The following Additional Terms and Conditions below apply when it is indicated on the front page of this PO that the order is being funded by a Federal Grant or Contract. The Seller (sometimes hereinafter referred to as the “Contractor”, “Provider”, or the “Subcontractor”) agrees, with respect to this purchase order (sometimes hereinafter also referred to as an “order”, “contract”, or “subcontract”), to be bound by the following additional provisions:
(a) To the extent required by law, this contract is subject to the Renegotiations Act of 1951 (50 U.S.C. App.1211, et seq.), as amended, and to any subsequent act of Congress providing for the renegotiations of contracts. Nothing contained in this clause shall impose any renegotiation obligation with respect to this contract or any subcontract hereunder, which is not imposed by an act of Congress heretofore or hereafter enacted. Subject to the foregoing this contract shall be deemed to contain all the provisions required by section 104 of the Renegotiation Act of 1951, and by any such other act, without subsequent contract amendment specifically incorporating such provisions.
(b) The contractor agrees to insert the provisions of this clause, including this paragraph (b), in all Subcontracts, as that term is defined in section 103g of the Renegotiation Act of 1951, as amended.
The provisions set forth in Sec. 202 of Executive Order 11246 of September 24, 1965 (30 F.R.12319: 3 CFR. 1965 Supp, n.167), in Titles VI and VII of the Civil Rights Act of 1964, as amended in Sec. 503 of the Rehabilitation Act of 1973 and in the Vietnam Era Veteran’s Readjustment Assistance Act of 1974 are incorporated herein by reference and are binding on the Seller with the same force and effect as if fully set forth herein.
This contract, to the extent that it is of a character specified in the Contract Work Hours Standards Act (40 U.S.C. 327-330), is subject to the following provisions and to all other applicable provisions and exceptions of such act and the regulations of the Secretary of Labor thereunder.
(a) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek or work subject to the provisions of the Contract Work Hours Standards Act unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate for all such hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is the greater number of overtime hours.
(b) Violations: liability for unpaid wages; liquidated damages. In the event of any violation of the provisions of paragraph (a), the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In additions, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph (a) in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of eight hours or in excess of his standard workweek of forty hours without payment of the overtime wages required by paragraph (a).
(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer may withhold from the Government Prime Contractor; from any moneys payable on account of work performed by the Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions of paragraph (b).
(d) Subcontracts. The Contractor shall insert paragraphs (a) through (d) of this clause in all subcontracts and shall require their inclusion in all subcontracts of any tier.
(e) The contractor shall indemnify and hold EDC harmless from and against any and all claims, losses, damages, judgments, penalties, cost and expenses (including, without limitation, all expenses with respect to any administrative or court proceedings and reasonable attorneys’ fees) arising out of or in connection with any violation or alleged violation of the Contract Work Hours Standards Act or any applicable regulation, rulings or interpretations thereunder, in the performance of any or all parts of this purchase order or subcontract by the contractor or by any subcontractor, seller or other party, and that this indemnity shall survive the completion or termination of this purchase order or subcontract.
The Contractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions related to this contract. This paragraph applies only to contracts exceeding $100,000 and does not apply to agreements for public utility services at rates established for uniform applicability to the general public.
The provisions of this clause shall be applicable only if the amount of this contract exceeds $100,000.
(a) The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this contract of which the Contractor has knowledge.
(b) In the event of any claim or suit against the Government on account of any alleged patent or copyright infringement arising out of the performance of this contract or out of the use of any supplies furnished or work or services performed hereunder, the Contractor shall furnish to the Government, when requested by the Contracting Officer, all evidence and information in possession of the Contractor pertaining to such suit or claim. Such evidence and information shall be furnished at the expense of the Government except where the Contractor has agreed to indemnify the Government.
(c) This clause shall be included in all subcontracts.
(Ref. FAR 3.502-2 effective September 2, 1988) prohibits any person from providing or attempting to provide any kickback. This act further prohibits any person from soliciting, accepting, or attempting to accept any kickback, and from incorporating, directly or indirectly, the amount of the kickback into the contract price charged by the prime contractor to the United States or by the subcontractor to the prime contractor or higher tier subcontractor.
This purchase order is issued upon the understanding that the seller is not a debarred, suspended, or ineligible party as defined in the rules implementing Executive Order 12549 and agrees to notify EDC immediately if it is placed on the Lists of Parties Excluded.
For orders under Federal contracts, the Provider shall abide by the requirements of (a) FAR 52.204-25 (Aug 2020) which prohibits providing covered telecommunications equipment or services in the performance of this Agreement.
For orders under Federal grants, Section 889 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Public Law 115-232) which prohibits the use of loan or grant funds to procure or obtain, extend, or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain the equipment, services, or systems prohibited systems as identified in section 889 of the NDAA for FY 2019 and as described in 2 CFR 200.216. In the event covered telecommunications equipment or services are provided, Provider will notify EDC within one business day and provide the information required by the clause.
(a) Definitions. As used in this clause—
“Covered article” means any hardware, software, or service that–
(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a covered entity.
“Covered entity” means–
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—
(1) Providing any covered article that the Government will use on or after October 1, 2018; and
(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
(c) Reporting requirement.
(1)In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website athttps://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided athttps://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:
(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.
Provider agrees to comply with the requirements of 2 CFR 200.322 “Domestic Preference for Procurements”. As appropriate, and to the extent consistent with law, the provider should, to the greatest extent practicable 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, plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber).
For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.