REQUEST FOR QUOTATIONS (RFQ) IRG/PDP/T1&T2/MFM - FM)/2014/191 For the Supply of Fabricated Material (Hardware) RFQ Issuance Date: November 20, 2014 Bidders’ Questions Due Date: December 01, 2014 Closing Date and Time: December 22, 2014 on or before 05:00 P.M. Pakistan Standard Time (PST) International Resources Group (IRG) is hereby requesting quotations from suppliers/authorized agents, manufacturers for the supply of meter fixing fasteners & accessories (hardware) for Power Distribution Program (PDP) in Pakistan. The bidders must provide complete item wise details. In order to be responsive, proposals must include:
All documentation indicated in Section II and Annex - III Meet the technical specifications as laid out in Annex - I. Bid all the items with full quantity as laid down in Annex - II. Partial bid will not be entertained Required Bid Bond Submission of proposals must be as hardcopy to IRG Office, House No. 23, Street 19, Sector F 6/2, Islamabad Pakistan on or before the closing date/time. In addition to Hard Copy submissions proposals will also be accompanied by Soft copy in the form of a USB or CD with full proposals. NOTE: All/any DVD submitted should be a copy of the Technical and Financial proposal documents. DVDs should NOT provide new or different information (such as factory/unit background) as they will not be viewed by the Technical Evaluation Committee (TEC) as part of the Technical proposal.
I. Technical Proposal (In a separate sealed envelope clearly marked) The technical proposals in response to this solicitation must address how the bidder intends to carry out the statement of work contained in Annex - I. It should also contain a clear understanding of the work to be undertaken and the responsibilities of all parties involved. Please note that the technical proposal will be evaluated based on the evaluation criteria set forth in Section III. The technical proposal should state clearly that the Bidder understands the requirements in the statement of work, the proposed approach to accomplish the contract objectives and achieve results. Clarity, completeness, brevity and directness are imperative. Elaborate formats are not desirable. II. Cost Proposal (In a separate sealed envelope clearly marked) The cost proposals shall be submitted as a stand-alone document and contain the contractor’s proposed price to provide the materials detailed in Annex II. The cost proposal must be prepared in a manner that is current, accurate and complete. Any questions regarding this solicitation must be submitted to [email protected]
no later than 05:00 P.M. Pakistan Standard Time (PST) on December 01, 2014 in order to provide a timely response to such questions prior to the closing date. All questions submitted on or before December 01, 2014 shall be reviewed and considered by IRG. Upon review of the questions, if necessary, amendments will be prepared and uploaded on http://www.pdip.pk/rfq. All prospective bidders are advised to visit http://www.pdip.pk/rfq regularly for updates and amendments.
Bid/Proposal Submission Instructions The Technical and the Cost Proposals must be submitted in two separate sealed envelopes simultaneously, one containing the Technical Proposal and the other the Cost Proposal, enclosed together in an outer single envelope. The Technical and the Costs Proposals must be submitted in a hard copy and an electronic format (USB or CD, a soft copy) delivered to the following address: RFQ 191 For the Supply of Fabricated Material (Hardware) International Resources Group (IRG) Limited USAID Power Distribution Program, House # 23, Street 19, F-6/2, Islamabad, Pakistan.
The inner and outer envelopes shall: o bear the name and address of the Bidder; o be addressed to IRG as per above mentioned address o bear a warning not to open before the time and date for bid opening and o following should be written on top of the envelopes in bold letters Proposal/Bid/Quote for/in response to RFQ/RFP NO………… Due Date and Time ……………………………………………… If all envelopes are not sealed and marked as required, IRG will assume no responsibility for the misplacement or premature opening of the bid/proposal. Bids/Proposals must be received by IRG at the above mentioned address and no later than the date and time indicated in the RFQ/RFP. IRG will not consider any bid/proposal that arrives after the deadline. Bids/Proposals received after the deadline shall be declared late, rejected, and returned unopened to the Bidder (s). The Bidder shall submit, in addition to the Hard Copy, a Soft Copy on USB or CD with the bid/proposal. However the hard copy of the bid/proposal shall prevail over the soft copy in case there is any inconsistency.
SECTION I - INTRODUCTION IRG Overview IRG has been contracted by USAID to manage the Power Distribution Program (PDP) in Pakistan. The five year program seeks to foster financial sustainability for participating government-owned electric power Distribution Companies (DISCOs) through performance improvement activities based on the performance improvement action plans developed in the Component 1 of PDP. Summary of the PDP PDP is a five-year, USAID-funded program, the principal goal of which is to improve DISCO’s technical and financial performance through reduction in losses and improvement in revenues and customer services to bring them to a level of well-run utilities as in other progressive countries. Through this program, the United States Government is providing assistance and support to the Government of Pakistan (GOP) in its efforts to reform the power sector to end the current energy crisis. The PDP has the following key objectives: 1. Greatly improved DISCO’s governance and management. 2. Creation of the legal and political space required for DISCOs to be able to operate in a commercially rational manner. 3. Establishment of full-cost recovery tariffs. 4. Introduction of smart meters and other technologies in areas with strong potential for performance improvement. 5. Substantial improvement of Human Resource Management, including the introduction of a performance-based evaluation system. 6. Training and capacity building, including linemen safety and provision of well-equipped training facilities. 7. Substantial reductions in technical and non-technical energy losses, including reduction in energy theft and power factor optimization. 8. Improvement in energy and power factor metering at points of purchase, during flows through network, and end-user sales. The latter will focus initially on large consumption customers. 9. Improvement in billings, collections, and revenue management. 10. Improvements in customer service to be service-oriented and focused on customer needs, including reduced planned and unplanned outages and voltage fluctuations. 11. Elimination of dependence on/need for GOP subsidies. Technical requirements Annex-I attached hereto includes the detailed statement of work and the instructions hereunder.
SECTION II - INSTRUCTIONS FOR PROPOSAL PREPARATION General Instructions: Bidders must provide proposals directly in their own name to IRG under the terms and conditions hereunder. Proposals received after the deadline will not be considered. Technical and Financial proposals shall be submitted in both hard and soft copies. Soft Copies will be in the form of a CD or USB included in the Package/Envelop. Proposals should concisely address the requirements/specifications as they are presented. Proposals not meeting our requirements/specifications may be rejected. Bidders shall submit proposals in response to this solicitation in English with all prices stated in Pak Rupees / US$. Bidders may submit modifications to their proposals at any time before the solicitation closing date and time. For any conversion from Pak Rupees for Pakistani Bidders, the US Dollar exchange rate of the State Bank of Pakistan on the RFP’s closing date is to be considered for all calculations. Should a contract be awarded to a Pakistani firm, all payments will be made in Pak Rupees. Bidders are encouraged to visit our website (www.pdip.pk/rfq) regularly to view the latest developments concerning this RFP/solicitation. Technical Proposal: The bidder‘s technical proposal should include the following information:
The first page of the proposal must show the following: a.
The name, address, and telephone and facsimile numbers of the bidder (and electronic address if available);
b. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items for which prices are offered; c. Names, titles, and telephone and facsimile numbers, and electronic addresses of persons authorized to negotiate on the bidder’s behalf with IRG in connection with this RFQ.
Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office. Capability Statement: Short description of company capabilities and portfolio. The statement should include a description of the experience of the firm/organization in providing similar services in similar conditions, particularly in the power distribution sector if appropriate.
The Bidder shall provide the list of electric power distribution utility companies to which the materials / equipment has been supplied over last three years.
Past Performance. Bidder shall list at least three major contracts its company has successfully and timely completed during the past three years for the same or similar materials / equipment. Provide the following information for each contract: Customer's name, address, and telephone numbers of customer's lead contract and technical personnel, contract number and type, date of the contract, place(s) of performance, and delivery dates or period of performance, contract size and dollar value;
Unless otherwise limited by the technical specifications, manufacturers and catalog numbers are for reference only and the Bidder may propose equivalent equipment or materials from other manufacturers. The Bidder shall state the manufacturer and catalog number of all items proposed, and shall provide such information as it is required to demonstrate that the equipment proposed complies with the requirements of Annex I - Technical Specifications. In the event a bid is accepted by IRG and an award made, the Bidder shall supply materials and equipment of the manufacturer and catalog number as proposed. Subsequent to award, substitutions of materials or equipment of different manufacturers or catalog numbers will not be allowed. The IRG desired delivery period from date of signing of the contract/purchase order is 90 days, (50% of the quantity mentioned in Annex II – Quotation Tables within 45 days and balance within 90 days from the date of the issuance of the PO). All goods purchased under this RFQ shall be delivered in accordance with Incoterm 2010 /FOB (Free on Board), Port of Loading. Goods produced in Pakistan shall be delivered in good order for acceptance by the Purchaser on at IRG’s Warehouse, Lahore. Bidders may propose their own delivery schedule which may be a factor in bid evaluation. IRG reserve the right to accept or reject the proposed delivery schedule.
The manufacturer/vendor shall guarantee against all the defects arising out of faulty design, workmanship and defective material during the warranty period, from the date of delivery unless otherwise specified in tender documents.
For materials produced in Pakistan, Bidder shall quote unit prices delivered at IRG’s Warehouse, Lahore. Title and risk of loss for the goods shall pass from Bidder to IRG upon inspection and acceptance at the IRG Warehouse, Lahore. IRG will not pay fees, surcharges, assessments or other charges not specifically identified in the Bidder’s bid.
Any departure from the provision of the specifications in Annex I shall be disclosed at the time of bidding under the title “deviation from specification”.
The following information shall be provided with the tender for the hand held units offered: a.
Description of the materials supplied including sufficient evidence of compliance with the standards/technical specifications referenced in Annex I.
b. Full technical data schedule demonstrating clause by clause conformance to specified parameters mentioned in the specifications or deviations there from. c. Packaging details. d. Terms of manufacturer’s warranty e. Statement of manufacturing experience, stating explicitly the duration of that experience, of plant where hand held units will be manufactured f.
Statement of country of origin for all items
g. Copy of latest ISO certification for the manufacturing plant h.
List and explanations for any deviations from or exceptions to these specifications
Bidders are to ensure all certifications found in Annex III, are signed and submitted as part of the bid.
Cost Proposal: The cost proposal that will include the Price Quotation Tables (Annex II) must be submitted. Pricing must be fully comprehensive, complete, and list any available discounts. Pricing information supplied with the proposal must be valid for at least 120 days after the due date for proposal submission. All one-time and recurring costs must be fully described. Rates should be quoted, inclusive of all but showing separately, costs of inspection, services, transportation, taxes, import duties if any and other levies. Payment is to exclude General Sales Tax (GST) and/or import duties for which IRG is exempted as a USAID contractor. Pakistani firms will be paid the total amount after deducting withholding tax, which IRG will pay direct to the Federal Board of Revenues (FBR). GST exemption certificate will be provided by IRG upon supplier’s request.
Each bid shall be accompanied with a Bid Bond in the amount of one percent (01%) of the total value of the bid in the form specified in Annex IV of this RFQ. Bid Bond in the shape of the demand draft and pay order is also acceptable. The Bid Bond shall be drawn on a scheduled bank in Pakistan and any international bank acceptable to IRG. The Bid Bond shall have a period of validity for a period of 28 days beyond the Validity period of 120 days i.e. for 148 days. If the Bidder doesn’t submit the Bid Bond along with the bid, it shall be excluded from the competition and shall not be considered for evaluation. In the event a Bidder is notified that they have been selected for award, but fails to execute the contract, the Bid Bond may be en-cashed by IRG and IRG shall be free to negotiate with any other Bidder.
The successful bidder will be required to provide a Performance Bond in the form specified in Annex V, drawn on a scheduled bank in Pakistan and any international bank acceptable to IRG as security for the successful completion of the contract. Performance Bond in the shape of the demand draft and pay order is also acceptable. The value of the bond will equal to five percent (05%) of the contract price. The Performance Bond will have validity equal to the full period of contract performance.
SECTION III - EVALUATION CRITERIA Proposals will be evaluated by IRG for compliance with administrative requirements, previous experience of similar projects by the Bidder, technical capacity, the qualifications of the personnel for the project, and prices. IRG may contact Bidder’s previous clients and may obtain any information related to other projects that the bidder has executed. IRG may contact any bidder for clarification or additional information, but bidders are advised that IRG reserves the right to make decisions based solely on the information provided with the proposals. IRG may but is not obligated to conduct additional negotiations prior to issuance of a purchase order, and may at its sole discretion elect to issue purchase orders to one or more bidders. Mathematical errors will be corrected in the following manner: If a discrepancy exists between the total price proposed and the total price resulting from multiplying the unit price by the corresponding amounts, then the unit price will prevail and the total price will be corrected. If there were a discrepancy between the numbers written out in words and the amounts in numbers, then the amount expressed in words will prevail. If the Bidder does not accept the correction, the offer will be rejected. IRG will conduct a Technical/Price Weighted evaluation and source selection based on evaluation factors listed below. Technical evaluation factors have a total of 50 points; price evaluation has a total of 50 points. These factors will serve as the standard against which all technical information will be evaluated, and identify the determination factors that bidders should address. IRG intends to evaluate bidders’ proposals in accordance with the Statement of Work in Annex - I of this RFQ and make an award to the Bidder achieving the highest combined score proposal (technical and price), demonstrating both technical compliance and price reasonableness. Evaluation of Proposals: The proposals will be evaluated by a technical evaluation committee using the criteria shown below. When evaluating the competing proposals, IRG will consider the written technical/capability information provided by the bidders, and any other information obtained by IRG through its own research. The criteria listed below are presented by major category, so that bidders will know which areas require emphasis in the preparation of their proposals. Bidders should note that these criteria serve as the standard against which all technical information will be evaluated and serve to identify the significant matters which bidders should address. IRG will evaluate Bidders’ proposals in accordance with the technical criteria and weightage shown in the table below. A total 100 points (with a weighting of 50 percent of the total evaluation) are assigned according to the following technical evaluation criteria: Technical Evaluation: Delivery Schedule: Conformity with Technical Specification: Total
30 20 50
Bidders are requested to provide the information as per the below mentioned requirement: 1. Past track record of the offered products: a) Fabricated Material: i. List of utilities along with the volume of work where similar type of hardware supplied & ii. Provide track record for the Local Representative / Firm(s) in Pakistan in similar tasks 2. Compliance (clause by clause) with functional and technical specifications: IRG/PDP/T1&T2/MFM-FM/2014/191
a) 100% Compliance to the Technical Standards/Specifications (Annex I) Evaluation of Cost Proposals: Cost proposals submitted will be evaluated according to price reasonableness determination under full and open competition and known market conditions. Bidders are hereby reminded that IRG is not obliged to award a contract on the basis of lowest proposed cost or to the Bidder with the highest technical evaluation score. Evaluation of the cost proposal will consider, but will not be limited to, the following:
Cost reasonableness; Cost realism and completeness of the cost proposal and supporting documentation. The FAR states that “cost realism means that costs in a Bidder’s proposal are realistic for the work to be performed; reflect a clear understanding of the requirements; and are consistent with the various elements of the Bidder’s technical proposal.”; Consistency with the technical proposal;
50 points will be awarded to the lowest responsive bidder while rest of the bids will be allocated points according to following formula: Points of a Bidder = (P1/ P2)* 50 Where: P1= Price of Lowest Responsive Bidder P2= Price of the Bidder P2= Price of the Bidder
SECTION IV - GENERAL TERMS AND CONDITIONS IRG intends to award a contract resulting from this solicitation to the eligible and responsible Bidder whose proposal represents the best value after evaluation in accordance with the factors in the solicitation. Bidders should note the following: 1) Prospective bidders are required to review FAR and AIDAR clauses incorporated by reference in the section “NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE”. 2) The G e o g r a p h i c C o d e f o r P D P i s 9 3 7 . For further information and guidance, Bidders are required to visit ADS Section 310.3.1 (as amended) and/or inquire about source eligibility via question to this solicitation: www.usaid.gov/policy/ads/300/310.pdf 3) IRG may reject any or all bids if such action is in IRG's interest. 4) IRG is not obligated to make an award or to pay for any costs incurred by the Bidder in preparation of a bid in response hereto. 5) IRG may evaluate proposals and award a contract without discussions with Bidders (except clarifications as described in FAR 15.306(a)). Therefore, the Bidder's initial proposal should contain the Bidder's best terms from a cost or price and technical standpoint. IRG reserves the right to conduct discussions and seek clarifications if IRG later determines them to be necessary. 6) IRG reserves the right to increase or decrease the quantity up to 30% of original quantities at the agreed price at the time of award or issue a subsequent order at the same price up to 30% of original quantity during the currency of the contract resulted from this solicitation with same terms and conditions. 7) IRG intends to evaluate bids and award a contract without discussions with Bidders (except clarifications as described in FAR 15.306(a)). Therefore, the Bidder's initial bid should contain the Bidder's best terms from a cost or price and technical standpoint. IRG reserves the right to conduct discussions and/or to establish a competitive range and conduct discussions with multiple bidders if IRG later determines discussions to be necessary. Unsuccessful Bidders will be notified as soon as possible following an award. 8) If a cost realism analysis is performed, cost realism may be considered in evaluating performance or schedule risk. 9) IRG reserves the right to make multiple awards if, after considering the additional administrative costs, it is in IRG’s best interest to do so. 10) IRG reserves the right to perform factory inspection on all equipment at any time during the manufacturing processes to; Verify the compliance to the technical specifications; Validate Quality control and ISO standards as defined in terms and conditions of the contract. 11) Payment to the successful bidder will be made as per following schedule. A. In case of FOB Port of Loading based contract/purchase order: I. Supplier will be paid 100% of the total value Materials, on acceptance of materials after successful pre-inspection and delivery to FOB port of Loading, and within 40 days after receipt of the following documentation: o Supplier’s i n v o i c e specifying the items, including the manufacturer and catalog number of each; and the unit prices, quantities and total value of the items for which payment is requested o Packing list for the Materials showing the number of packages and their contents. o Certificates of Origin for all Materials o OEM (Original Equipment Manufacturer) Certificate o Warranty Certificate IRG/PDP/T1&T2/MFM-FM/2014/191
B. In case of DDP Lahore Warehouse based contract/purchase order, the supplier will be paid as per following schedule; I. Initial Payment Ninety percent (90%) payment shall be made within 40 days after delivery, inspection and acceptance by IRG or designated office of each item required under the Contract/Purchase Order. II.
Balance Payment and Retention Period 1) IRG shall withhold ten percent (10%) of the total contract value as Retention. The retention period shall be 30 days, beginning after receipt of all goods and materials specified in the purchase order/contract. The purpose of this period is to ensure that the material /equipment supplied by the contractor are free of defects in workmanship and materials. After 30 days the contractor and the IRG shall conduct a review and see if the material/equipment supplied is/are conform to the laid down specifications. The final ten percent (10%) of the total contract price shall then be invoiced per the contract provisions. Subject to the contract invoicing provisions, payment shall then be made within 40 days after receipt of a proper invoice which may be submitted only following the completion of the joint inspection.
12) In the event the Contractor fails to complete the project within the required period, liquidated damages shall be applied for each calendar day, not duly justified by the Contractor by which project delivery is delayed. Liquidated damages of 0.1 % of the total price of the Contract will be applied for each day by which delivery of the completed Project is delayed. Such damages shall not exceed twenty percent (20%) of the total price of the Contract. 13) In addition to the attached certificates, the successful bidder(s) may be required to complete further due diligence forms as part of PDP’s corporate due diligence process ensuring the responsibility of the successful per FAR Part 9 – Contractor Qualifications under (as amended): https://www.acquisition.gov/far/current/html/FARTOCP09.html. PDP may elect to reject an otherwise successful bid on the basis of either the refusal of the successful bidder to complete the required forms or PDP’s determination, either after receipt of bids or award of the contract, that the otherwise successful bidder is not responsible. 14) If shipped by the selected vendor, packaging shall protect the items subject to damage from the elements and/or rough handling in a manner appropriate to the item and best commercial practice. At a minimum meters shall be packed in cardboard boxes with form fitting foam or cardboard bracing internal to the box. Boxed meters shall be securely strapped to wooden pallets for shipping and shall be protected fully by wrapping in palletized boxes in plastic. a. Other items of equipment shall be strapped to wood pallets suitably spaced so that when packed in the container, the items of equipment do not touch each other. b. For ocean freight delivery, items shall be loaded into sealed shipping containers and suitably braced to prevent damage during transportation. 15) Exchanges with Bidders after receipt of a proposal do not constitute a rejection or counter offer by IRG. 16) IRG may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or sub-line items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if IRG determines that the lack of balance poses an unacceptable risk. 17) Unsuccessful Bidders will be notified as soon as possible following an award. IRG/PDP/T1&T2/MFM-FM/2014/191
18) All goods proposed must be new, unused, not rebuilt or reconditioned, and shall not incorporate reconditioned or salvaged parts or components. 19) All goods proposed shall be fabricated by a manufacturer that has produced and sold materials and equipment of substantially equivalent ratings for a period of not less than five years. All goods proposed shall be fabricated in a plant that holds an appropriate ISO certification for quality management. 20) IRG may, in its sole, unfettered discretion, reject any or all proposals without assigning any reason and without thereby incurring any liability to a prospective bidder or to any other person. 21) IRG may, in its sole, unfettered discretion, withdraw, annul, suspend or cancel the RFQ or the bidding process without thereby incurring any liability to a prospective bidder or to any other person. 22) IRG is not obligated to make an award or to pay for any costs incurred by the Bidder in preparation of a proposal in response hereto. Without limiting the generality of the foregoing, IRG is not obligated to pay for any costs incurred by the Bidder in preparation of a proposal in response hereto, or otherwise compensate the Bidder, if IRG rejects any or all proposals or if it withdraws, annuls, suspends or cancels the RFQ or the bidding process. IRG agrees that all submissions shall be held as confidential, shall not be disclosed outside of IRG, and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this Bidder as a result of-or in connection with-the submission of this data, IRG shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit IRG’s right to use information contained in a proposal if it is obtained from another source without restriction.
NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE This contract may incorporate one or more clauses by reference listed below, with the same force and effect as if they were given in full text. Upon request, IRG will make their full text available. Also, the full text of a clause may be accessed electronically at the following web sites: http://www.acquisition.gov/far/ and http://usaid.gov/policy/ads/300/ Where “flow-down” to the subcontractor is appropriate and applicable under these clauses, references to the “Government” shall be interpreted to mean “IRG”, “Contractor” to mean “the subcontractor”, and “Subcontractor” to mean “lower-tier subcontractor(s)”. NUMBER
COVENANT AGAINST CONTINGENT FEE
RESTRICTION ON SUBCONTRACTOR SALES TO THE GOVERNMENT
ANTI-KICKBACK PROCEDURES CANCELLATION, RECISION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY
PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY
LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
PRINTING/COPYING DOUBLE-SIDED PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,OR PROPOSED FOR DEBARMENT
MATERIAL REQUIREMENTS LIQUIDATED DAMAGES – SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT
AUDIT AND RECORDS – NEGOTIATION
ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT
NOTICE OF OWNERSHIP CHANGE
LIMITATION OF GOVERNMENT LIABILITY
SINGLE OR MULTIPLE AWARDS
CANCELLATION UNDER MULTI-YEAR CONTRACTS
EVALUATION OF OPTIONS
OPTION TO INCREASE QUANTITIES – SEPARATELY PRICED LINE ITEM
OPTION TO EXTEND THE TERM OF THE CONTRACT
SMALL BUSINESS SUBCONTRACTING PLAN
LIMITATIONS ON SUBCONTRACTING
LIQUIDATED DAMAGES – SUBCONTRACTING PLAN
PROHIBITION OF SEGREGATED FACILITY
NONDISPLACEDMENT OF QUALIFIED WORKERS
NOTIFICATION OF VISA DENIAL
COMPLIANCE WITH VETERANS EMPLOYMENT REPORTING
COMBATING TRAFFICKING IN PERSONS
DRUG FREE WORKPLACE ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING
RESTRICTIONS ON CERTAIN FOREIGN PURCHASES
PLACE OF MANUFACTURE CONTRACTOR PERSONNEL IN A DESIGNATED OPERATIONAL AREA OR SUPPPORTING A DIPLOMATIC OR CONSULAR MISSION OUTSIDE THE UNITED STATES PROHIBITION ON CONTRACTIN WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN – REPRESETATION AND CERTIFICATION NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT
RIGHTS IN DATA – GENERAL ALTERNATE V
WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT)
TAXES – FOREIGN COST REIMBURSABLE CONTRACTS
COST ACCOUNTING STANDARDS
ADMINISTRATION OF COST ACCOUNTING STANDARDS
AVAILABILITY OF FUNDS
LIMITATION OF FUNDS
ASSIGNMENT OF CLAIMS
UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS
SERVICE OF PROTEST
PROTEST AFTER AWARD Alternate I
APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM
RESTRICTION ON SEVERANCE PAYMENTS TO FOREIGN NATIONALS
WAIVER OF LIMITATION ON SEVERANCE PAYMENTS TO FOREIGN NATIONALS
NOTICE OF INTENT TO DISALLOW COSTS
PENALTIES FOR UNALLOWABLE COSTS
CERTIFICATION OF FINAL INDIRECT COST RATES
CHANGES – FIXED-PRICE
CHANGES – COST REIMBURSEMENT ALTERNATE I (APR 84)
NOTIFICATION OF CHANGES
COMPETITION IN SUBCONTRACTING
SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS
LIMITATION OF LIABILITY
LIMITATION OF LIABILITY-SERVICES
PREFERENCE FOR PRIVATELY OWNED US FLAG COMMERICAL VESSELS
SUBMISSION OF COMMERCIAL TRANSPORTATION BILLS TO GSA FOR AUDIT
TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)
DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)
COMPUTER GENERATED FORMS
Dec-12 Dec-07 Dec-07
AID ACQUISITION REGULATION (48 CFR CHAPTER 7) CLAUSES NUMBER
AID DEFINITIONS CLAUSE–GENERAL SUPPLEMENT FOR USE IN ALL AID CONTRACTS
AID DEFINITIONS CLAUSE–SUPPLEMENT FOR AID CONTRACTS INVOLVING PERFORMANCE OVERSEAS
ORGANIZATIONAL CONFLICTS OF INTEREST DISCOVERED AFTER AWARD
LANGUAGE AND MEASUREMENT
UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS
SOURCE, ORIGIN, AND NATIONALITY REQUIREMENTS
WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT)
MEDICAL EVACUATION (MEDEVAC) SERVICES
FEDERAL, STATE, AND LOCAL TAXES
GOVERNMENT PROPERTY – USAID REPORTING
TITLE TO AND CARE OF PROPERTY
TRAVEL AND TRANSPORTATION
DOCUMENTATION FOR PAYMENT
EMERGENCY LOCATOR INFORMATION
SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE DOCUMENTS
USE OF GOVERNMENT FACILITIES OR PERSONNEL
CONVERSION OF U. S. DOLLARS TO LOCAL CURRENCY
ORIENTATION AND LANGUAGE TRAINING
NOTICE OF CHANGES IN TRAVEL REGULATIONS
USE OF POUCH FACILITIES
HEALTH & ACCIDENT COVERAGE FOR USAID PARTICIPANT TRAINING
REQUIRED VISA FORM FOR PARTICIPANTS
WITHDRAWL OF STUDENTS
LEAVE AND HOLIDAYS
INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION REQUIREMENTS
ACKNOWLEDGEMENT AND DISCLAIMER
USAID/Pakistan has, in cooperation with the USAID Office of Inspector General, established the AntiFraud Hotline to provide an avenue for the reporting of fraud, waste, and abuse which may be associated with USAID funded projects in Pakistan. Complaints are handled with complete confidentiality and individuals are encouraged to report when corruption, fraud, waste, and abuse may occur in the USAID/Pakistan projects. Reports can be filed anonymously via the easy-to-use Hotline (toll free number 0800-84700); email at [email protected]
; fax at 021-35390410; postal address at 5-C, 2nd Floor, Kheyaban-e-Ittehad, Phase VII, DHA, Karachi, Pakistan.
ANNEX - I TECHNICAL SPECIFICATIONS All equipment and materials supplied shall comply with the specifications applicable to the particular type of material, as detailed in this Annex. Fabricated Materials 1.1 Specifications for Fabricated Materials 1.1.1 Scope: This specification shall cover the requirements for supply of equipment fabricated of steel and their accessories for installation on rural distribution lines in Pakistan. 1.1.2 Standards: Fabricated materials and fasteners shall conform to the following international standards, including their normative references: • • •
ANSI C135.8-2012 (Fasteners for Overhead Line Construction) for fasteners of 10mm in diameter or greater ASTM A153M for galvanizing ASTM A36 for mild steel used in fabrication of welded or cut pieces
1.1.3. Experience and Quality Control: Fasteners fabricated specifically for supply under this RFQ shall be fabricated in a plant that has manufactured materials of similar ratings and characteristics for a period of not less than ten years, and that holds an ISO 9001:2008 certification for quality management. 1.1.4. Material and Construction: Brackets or other welded or cut shapes shall be made of mild steel, grade ASTM A36 and shall be hot dip galvanized per ASTM A153M. Parts shall be constructed in accordance with drawings, to the dimensional tolerances given on the drawings. All parts that call for welding shall be welded with 100% penetration and all seams or joints shall be welded throughout their length. Spot welding or skip welding is not allowed. Parts shall be fully fabricated, including drilling of all holes, cutting of all slots and welding of all seams prior to galvanizing. Bolts with a shank diameter of 10mm or greater shall be fabricated of mild steel rod and shall be threaded as specified. The non-threaded portions of bolts shall be capable of being bent while at room temperature at any point through an angle of 180 degrees about a diameter equal to the diameter of the bolt without cracking the steel on the outside bent portion. Finished bolts shall have the strength rating specified. All bolts shall be supplied with nuts, and all double threaded bolts shall be supplied with two nuts. Material used in fabrication of parts shall be new and unused, not reclaimed or salvaged and shall be procured from reputable suppliers who have been in the business of supplying mild steel for fabrication for at least ten years. Material shall not display more than surface rust, and material displaying scaly or blistered rust shall be rejected before being fabricated. Rod and bar stock shall be supplied straight and not require bending or straightening prior to fabrication. All fabricated parts, including bolts shall cleaned of rust and scale upon completion, shall be finished to remove all weld slag and fabrication burrs, and all sharp edges shall be relieved or rounded.
17 Subsequent to finishing, all parts shall be cleaned in an appropriate acid bath to remove all grease and shall then be hot dip galvanized in accordance with ASTM A153M. Supplier shall maintain a record of the temperature of the galvanizing bath during the course of galvanizing and shall demonstrate that galvanizing is complete, without gaps or wanes, is free of blisters or other surface imperfections, is properly adhered and of the appropriate thickness in accordance with Table I of ASTM A153M. Subsequent to galvanizing, all slots and holes shall be cleared of galvanizing slag and all bolts shall be threaded with nuts to the full depth of the threads. Spinning of nuts onto bolts shall be accomplished by hand, without the need for wrenches, but all nuts shall fully engage the threads and shall not wobble at any point of the thread. Rethreading of bolts subsequent to galvanizing is not allowed. Manufacturer shall have a quality control department that demonstrably maintains control of the manufacturing process and carries out tests and monitoring in accordance with a quality control plan. Manufacturer shall, upon request, supply the quality control plan to IRG and shall demonstrate, through historical record, its ability to comply with the plan. Bidder shall provide evidence of ability to comply with these specifications at the time of tender. Such evidence would include a record of previous satisfactory supply to IRG, documentation of quality control procedures, etc. IRG reserves the right to carry out any tests including thickness of galvanizing, and cold bending or strength of bolts. To the extent that manufacturer has facilities for carrying out such tests, they shall be made available to IRG. 1.1.5 Packaging: Fasteners shall be supplied with the correct number of nuts threaded onto the fastener, and shall be packaged in wooden crates with covers. Only one size of fastener shall be packed in a crate, and the crate shall be dimensioned so that the total weight of the crate and contents shall be no more than 15kg. Wood used in crates shall be new, adequately sized, and the crate shall be fastened with both nails and steel bands. The cover of the crate shall be attached to the body of the crate with a wire closure which allows it to be opened for inspection. When the cover is properly wired shut, a fully loaded crate shall withstand dropping on a corner or flat from a height of 30cm without rupturing or spilling its contents. Fabricated parts that are essentially straight in their finished form shall be packaged in wooden crates in the same fashion and with the same limitations as for fasteners, as described. Fabricated parts whose dimensions do not lend them to packing in boxes shall be stacked and banded to wooden pallets sized to be movable by fork lift truck. Lumber used in the fabrication of the pallets shall not be less than 20cm thick, and pallet framing timbers shall not be less than 50mm square, but in any case shall be strong enough to withstand without failure or collapse the weight of the materials banded thereto during normal commercial operations of loading, transportation, unloading, and indoor storage. All lumber used in pallets shall be new and free of rot or insect damage, not split, cracked, or otherwise defective, and all pallets shall be securely nailed and dimensionally stable.
ANNEX – II QUOTATION TABLE FABRICATED MATERIAL
Dead end bracket 12”
Dead end bracket 14”
Service Dead end bracket
Meter mounting Steel Strip 30x3x650mm
Three-phase meter bracket
1-DA U-bolt 7.5mm Dia, 985mm length, with 2 nuts, 2 lock and 2 plain washers
Offset Bracket (ABC) washers
Prices FOB (US $) DDP (PKR) Unit
Total Item Price FOB in US$ DDP in PKR US $ / PKR
40,814 87,241 9,693 55,439 75,000 75,000 2,851
Total Note that quantities called for are approximate, and that for items such as bolts that are supplied in multi-item packages, Supplier should round quantities up to conform to the nearest commercial package and must clearly indicate this in the quote. In addition, the supplier should indicate the standard pack size (box qty, reel length, etc.) and minimum order quantities (if they exist) for all items. Foreign bidders while quoting the FOB rates (Port of Loading) are advised to quote CIF Karachi, Pakistan rates also. RFQ: IRG/PDP/T1&T2/MFM-FM/2014/191
Total Price FOB Port of Loading, US$: ____________________________________
Total Price CIF Karachi, Pakistan, US$: ____________________________________ Total Price DDP Lahore, Pakistan PKR: ___________________________________________ Name of Bidder’s Authorized Representative: Signature of Supplier's Authorized Representative:
ANNEX - III CERTIFICATIONS Required Certifications The following certificates need to be signed by all Bidders. These certifications are an integral part of the quotation/proposal. Please print them off and send back to us with your proposal after signature on each certificate. They are: 1. Certification Regarding Terrorist Financing 2. Narcotics offenses and drug trafficking- key individual certification 3. Certification regarding debarment, suspension, ineligibility and voluntary exclusion lower tier covered transactions 4. Certificate of Origin 5. Certification of Bidder Ownership/Shareholder Structure 6. Certification of Independent Price Determination 7. Certification Regarding Compliance with Anti-Bribery Laws
Certification Regarding Terrorist Financing Implementing E.O. 13224
USAID requires that recipients sign the certification below as a prerequisite to receiving a contract/grant from a U.S. Government source. CERTFICATION REGARDING TERRORIST FINANCING IMPLEMENTING E.O. 13224 By signing and submitting this application, the prospective recipient provides the certification set out below: 1. The Recipient has not provided, and will take all reasonable steps to ensure that it does not and will not knowingly provide, material support or resources to any individual or entity that commits, attempts to commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to commit, facilitated, or participated in terrorist acts. 2. Specifically, in order to comply with its obligations under paragraph 1, the Recipient will take the following steps: a.
Before providing any material support or resources to an individual or entity, the Recipient will verify that the individual or entity does not appear (i) on the master list of Specially Designated Nationals and Blocked Persons, which list is maintained by the U.S. Treasury’s Office of Foreign Assets Control (OFAC) and is available online at OFAC’s website: http://www.treas.gov/offices/eotffc/ofac/sdn/t11sdn.pdf, or (ii) on any supplementary list of prohibited individuals or entities that may be provided by USAID to the Recipient. The Recipient also will verify that the individual or entity has not been designated by the United Nations Security (UNSC) sanctions committee established under UNSC Resolution 1267 (1999) (the “1267 Committee”) [individuals and entities linked to the Taliban, Usama bin Laden, or the Al Qaida Organization]. To determine whether there has been a published designation of an individual or entity by the 1267 Committee, the Recipient should refer to the consolidated list available online at the Committee’s website: http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm. b. Before providing any material support or resources to an individual or entity, the Recipient will consider all information about that individual or entity of which it is aware or that is available to the public. c. The Recipient will implement reasonable monitoring and oversight procedures to safeguard against assistance being diverted to support terrorist activity. 3. For purposes of this Certification a. “Material support and resources” means currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials. b. “Terrorist act” means- (i) an act prohibited pursuant to one of the 12 United Nations Conventions and Protocols related to terrorism (see UN terrorism conventions Internet site: http://untreaty.un.org/English/Terrorism.asp ); or (ii) an act of premeditated, politically motivated violence perpetrated against non-combatant targets by sub national groups or clandestine agents; or (iii) any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act. RFQ: IRG/PDP/T1&T2/MFM-FM/2014/191
c. “Entity” means a partnership, association, corporation, or other organization, group or subgroup. This Certification is an express term and condition of any agreement issued as a result of this application, and any violation of it shall be grounds for unilateral termination of the agreement by USAID prior to the end of its term. Name: _________________________________ Signature: ____________________ Title: __________________________________
Key Individual Certification
NARCOTICS OFFENSES AND DRUG TRAFFICKING I hereby certify that within the last ten years: 1
I have not been convicted of a violation of, or a conspiracy to violate, any law or regulation of the United States or any other country concerning narcotic or psychotropic drugs or other controlled substances.
I am not and have not been an illicit trafficker in any such drug or controlled substance.
I am not and have not been a knowing assistor, abettor, conspirator, or colluder with others in the illicit trafficking in any such drug or substance.
Signature: __________________________________________ Date: ____________ Name: ______________________________________ Title/Position: ________________________________ Organization: ________________________________ Address: ____________________________________ Date of Birth: ________________________________ NOTICE: 1. You are required to sign this Certification under the provisions of 22 CFR Part 140, Prohibition on Assistance to Drug Traffickers. These regulations were issued by the Department of State and require that certain key individuals of organizations must sign this Certification. 2. If you make a false Certification you are subject to U.S. criminal prosecution under 18 U.S.C.1001.
3 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions A. Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," ineligible, "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, has the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the RFQ: IRG/PDP/T1&T2/MFM-FM/2014/191
department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. B. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions 1.
The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Date of Application/Proposal: _________________________________ Typed Name and Title: ______________________________________ Signature Date: ____________________________________________
4 Certificate of Origin VENDOR CERTIFICATE OF ORIGIN The undersigned, (Owner or Agent Legally Authorized to Sign on Behalf of the Vendor) for __________________________________________________________ (Name and Address of the Vendor) Certifies the origin of goods listed below offered under the RFP #...............……..to IRG are as follows: Item #
Catalogue / Other Item Name Identifying Number Description
and Origin (Country)
As defined in 22 CFR 228, Section 228.01(j): Origin means the country where a commodity is mined, grown or produced. A commodity is produced when, through manufacturing, processing, or substantial and major assembling of components, a commercially recognized new commodity results that is significantly different in basic characteristics or in purpose of utility from its components (Name) (Signature of Owner or Agent) (Title) (Date)
5 Certification of Bidder Ownership/Shareholder Structure To ensure compliance with 22 CFR 228.13, Bidders are required to disclose all current owners and shareholders in the table hereunder and indicate if the owner(s) and shareholder(s) are government agencies or government-controlled organizations. If required, bidders should expand the table in order to permit a complete review. IRG defines “controlled” as the ownership by a single entity, agency, or organization of 50% + 1 of shares or assets of a company.
Government-controlled Entity or Government Agency?
Yes / No
Yes / No
Yes / No
Yes / No
Yes / No
Owner(s) / Shareholder(s)
I understand that this information will be relied upon by IRG to determine whether to enter into any contractual agreement, and that any false or misleading information provided herein would be grounds for the immediate termination of any such contractual agreement.
Name of the Bidder: ______________________________________ Date of Application/Proposal: Typed Name and Title: Signature Date:
6 Certification of Independent Price Determination Certification of Independent Price Determination To Be Completed by the Offeror: (The Representations and Certifications must be executed by an individual authorized to bind the offeror.) The offeror makes the following Representations and Certifications as part of its proposal. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C 1001. 1. 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APRIL 1985) [NOTE: This provision is applicable when a firm-fixed price contract is contemplated.] The offeror certifies that – 1. The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered; 2. The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before proposal opening (in the case of a sealed proposal solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and 3. No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory— 4. Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (1) through (3) above; or 5.
Has been authorized in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (1) through (3) above.
Print Name________________________________________ Print Title ________________________________________ [insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization]; (ii) As an authorized agent, does certify that the principals named above have not participated, and will not participate, in any action contrary to subparagraphs (1) through (3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (1) through (3) above. (c) If the offeror deletes or modifies subparagraph (2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
(Name of Offeror)
(Signature of Authorized Individual)
(Typed Name of Authorized Individual)
(DUNS Number- if applicable)
Certification Regarding Compliance with Anti-Bribery Laws
(hereinafter “Company”), which is entering into a business relationship with International Resources Group (IRG), a wholly-owned subsidiary of Engility Corporation, hereby, as appropriate, represents warrants, affirms and agrees that it will comply with the U.S. Foreign Corrupt Practices Act, and with all applicable laws, rules and regulations of the U.S.A and of (country in which company operates) and in particular agrees that: 1. To the Company’s Knowledge none of the principals, officers or employees of Company is a government official, and official of any public international organization, a political party official, or a candidate for political office. 2. Company is familiar with the U.S. Foreign Corrupt Practices Act (FCPA) of 1977 and the Company’s Compliance with Anti-Bribery and the FCPA. 3. Company is familiar with and shall comply in all respects with U.S. laws, regulations, and administrative requirements applicable to Company’s relationship with Consultant, including, but not limited to, the Foreign Corrupt Practices Act of 1977 as amended (FCPA); International Traffic In Arms Regulations (ITAR); Export Administration Regulations (EAR), as amended; the Antiboycott Regulations and Guidelines issued under the Export Administrations Act, as amended; and Section 999 of the Internal Revenue Code (Antiboycott Regulations); and the Office of Foreign Assets Control (OFAC) Regulations. 4. All of the information that Company has provided to IRG and its representatives in connection with retention of Company was and remains current, accurate and complete. 5. Company will obtain written approval from IRG before Company hires subagents, and that no subagent will be approved unless that subagent agrees in writing to these same terms and conditions. 6. Company agrees to comply with Laws, including without limitation, Anti-Bribery Laws (defined below) and shall not cause Company or IRG to be in violation of any Law or Anti-Bribery Law. 7. The Company understands that “Anti-Bribery Laws” mean collectively (i) the FCPA and (ii) all other applicable Laws regarding corruption, bribery, ethical business conduct, money laundering, political contributions, gifts, hospitalities, or expense reimbursements to public officials and private persons, consultant relationships, commissions or fees, lobbying, books and records and financial controls. 8. The Company has not, directly or indirectly through third parties, paid, promised or offered to pay, or authorized the payment of, any money or given any promise or offer to give, or authorized the giving of anything of value, to a Public Official or Entity (as defined below) for purposes of unduly obtaining or retaining business for or with, or directing business to, any person, including without limitation, Company, by (i) influencing any official act, decision or omission of such Public Official or Entity; (ii) inducing such Public official or Entity to do or omit to do any act in violation of the lawful duty of such Public Official or Entity; (iii)securing any improper advantage; or (iv) inducing such Public official or Entity to affect or influence any act or decision of another Public Official or Entity. 9. The Company understands that “Public official or Entity” means (i) any officer, employee, agent, representative, department, agency, official, corporate entity, instrumentality or subdivision of any government, military or international organization, or (ii) any candidate for political office, any political party or any official of a political party. 10. The Company ensures that no part of any payment, compensation, reimbursement or fee will be used directly or indirectly as a corrupt payment, gratuity, emolument, bribe, kickback, or other improper benefit to a Public Official or Entity or Company customer. 11. The Company will notify IRG immediately if, at any time, the Company becomes aware of any past, current or future act resulting in an actual or potential conflict with any Law or Anti-Bribery Law. 12. Company will provide documents and information to IRG, upon request, confirming Company’s compliance with this agreement, and will allow IRG (or its agents) to review Company’s books and records with respect to the work performed on behalf of IRG at any time. 13. This certification is being provided to IRG in connection with IRG’s decision to enter or continue a business relationship with Company. If Company violates any of the terms of this agreement, IRG shall have the option to terminate its contract with Company, notwithstanding any other provision of IRG’s contract with the Company to the contrary. Moreover, Company shall forfeit any payments RFQ: IRG/PDP/T1&T2/MFM-FM/2014/191
owed to it by IRG upon an admission or finding that Company has failed to comply with any terms of this Certification. Company: Signature: Name: Title: Telephone: Fax: Email: Date:
ANNEX IV FORMAT FOR BID BOND Form for Bid Bond A Bid Bond in the form below, drawn on a bank scheduled in Pakistan and acceptable to IRG shall be provided with the proposal. WHEREAS: (Name of Offering bidder) ....................................from this point on referred to as "bidder" has presented an Offer for XXXXX RFQ Title XXXXX dated the ...... day of .................. of 201_. WHEREAS, IRG has stipulated in the bidding document for the XXXXX RFQ Title XXXXX _______________________________that such bidder shall provide a Bid Bond, to be issued by a bank scheduled in Pakistan, acceptable to IRG and with a validity of not less than 120 calendar days. AND THEREFORE, the undersigned have agreed to provide the bidder a guarantee by means of Bond No. ............. , valid through ..................................................... The undersigned declare themselves responsible guarantors before IRG in the Name and Representation of the bidder, for up to the total amount of (amount of the bond in words and numbers)..................................................................... ..................... The undersigned agree to pay IRG immediately upon IRG’s first written demand which shall state that the bidder has removed the Offer, modified the Offer, declines to sign the contract, or after signing the contract has not presented the Performance Bond adequately as stipulated in the notification by IRG in the Award Letter, an amount not greater than................................................... ............................ (amount of the bond), without IRG having to prove or accredit the causes or reasons for the injunction for the specified amount, after submitting Guarantee Bond No................... during its effectiveness. This guarantee is effective until the ....... of..................... of 201___ Signature and Seal of the Guarantor ............................................................................ Date...................................... Address.................................
ANNEX V FORMAT FOR PERFORMANCE BOND Form for Performance Bond A Performance Bond in the form below, drawn on a bank scheduled in Pakistan and acceptable to IRG shall be provided with the proposal. WHEREAS: (Name of Offering bidder) ....................................from this point on referred to as "bidder" has presented an Offer for XXXXX RFQ Title XXXXX dated the ...... day of .................. of 201_. WHEREAS, IRG has stipulated in the bidding document for the XXXXX RFQ Title XXXXX _______________________________that such bidder shall provide a Performance Bond, to be issued by a bank scheduled in Pakistan, acceptable to IRG and with a validity of not less than the contract performance period. AND THEREFORE, the undersigned have agreed to provide the bidder a guarantee by means of Bond No. ............. , valid through ..................................................... The undersigned declare themselves responsible guarantors before IRG in the Name and Representation of the bidder, for up to the total amount of (amount of the bond in words and numbers)..................................................................... ..................... The undersigned agree to pay IRG immediately upon IRG’s first written demand, which shall state that the bidder after signing the contract has not been able to perform as per contract, an amount not greater than................................................... ............................ (amount of the bond), without IRG having to prove or accredit the causes or reasons for the injunction for the specified amount, after submitting Guarantee Bond No................... during its effectiveness. This guarantee is effective until the ....... of..................... of 201___ Signature and Seal of the Guarantor ............................................................................ Date...................................... Address.................................