1.AIDAR 752.7009 MARKING (JAN 1993) - solicitations.fhi360.orgsolicitations.fhi360.org/Files/FHI_360...

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REQUEST FOR QUOTATIONS Description: The USAID Global Health Supply Chain Quality Assurance Program requests quotations for laboratory testing and technical assistance (TA) services related to rapid test kits (RTKs) for diagnostics related to HIV and syphilis, as well as other related laboratory products. RFQ Number: 10-840-2019-1009-RTK Date Issued: July 15, 2019 Key RFQ Dates: Action/Milestone Due Date Vendor Acknowledgement Forms Due July 19, 2019 10:00 AM Eastern Time Deadline for Questions July 26, 2019 10:00 AM Eastern Time FHI 360 Response to Questions August 1, 2019 10:00 AM Eastern Time Deadline for Receipt of Quotations August 9, 2019 10:00 AM Eastern Time Questions must be submitted via email to: [email protected] . Questions received after the deadline will not be answered. Quotations must be submitted via email to: [email protected] . Please refer to the Instructions to Offerors section beginning on page 5 for detailed instructions regarding the proposal format and submission requirements. Office of Procurement 359 Blackwell Street, Suite 200 Durham, NC 27701 USA Phone: (919) 544-7040 www.fhi360.org

Transcript of 1.AIDAR 752.7009 MARKING (JAN 1993) - solicitations.fhi360.orgsolicitations.fhi360.org/Files/FHI_360...

REQUEST FOR QUOTATIONSDescription: The USAID Global Health Supply Chain Quality Assurance Program requests quotations for laboratory testing and technical assistance (TA) services related to rapid test kits (RTKs) for diagnostics related to HIV and syphilis, as well as other related laboratory products.

RFQ Number: 10-840-2019-1009-RTK

Date Issued: July 15, 2019

Key RFQ Dates:

Action/Milestone Due DateVendor Acknowledgement Forms Due July 19, 2019 10:00 AM Eastern TimeDeadline for Questions July 26, 2019 10:00 AM Eastern TimeFHI 360 Response to Questions August 1, 2019 10:00 AM Eastern TimeDeadline for Receipt of Quotations August 9, 2019 10:00 AM Eastern Time

Questions must be submitted via email to: [email protected]. Questions received after the deadline will not be answered.

Quotations must be submitted via email to: [email protected]. Please refer to the Instructions to Offerors section beginning on page 5 for detailed instructions regarding the proposal format and submission requirements.

This RFQ was issued by Family Health International (FHI 360) for the USAID Global Health Supply Chain Quality Assurance Program (AID-OAA-C-15-00001).

Office of Procurement359 Blackwell Street, Suite 200Durham, NC 27701 USAPhone: (919) 544-7040www.fhi360.org

CONTENTSACRONYMS............................................................................................1

FHI 360................................................................................................................................2PROGRAM BACKGROUND........................................................................4

Overview.............................................................................................................................4Program Design...................................................................................................................4RTK Testing and TA under GHSC-QA....................................................................................4

DESCRIPTION OF THE RFQ.......................................................................5INSTRUCTIONS TO OFFERORS.................................................................6

Quotation format and submission Procedure.......................................................................6Technical Quotation.............................................................................................................7Cost Proposal Requirements................................................................................................8

TERMS AND REQUIREMENTS...................................................................9Terms..................................................................................................................................9Requirements......................................................................................................................9

AWARD CRITERIA..................................................................................10APPENDIX A: SAMPLE TERMS AND CONDITIONS.......................................1

ACRONYMSAIDAR USAID Acquisition RegulationARVs Antiretroviral DrugsBP British PharmacopoeiaFAR Federal Acquisition RegulationFHI 360 Family Health InternationalGHI Global Health InitiativeIQCs Indefinite Quantity ContractsISO International Organization for StandardizationIUDs Intrauterine DevicesOI Opportunistic InfectionsOOS Out-of-SpecificationPEPFAR U.S. President's Emergency Plan for AIDS ReliefQA Quality AssurancePh. Int. International PharmacopoeiaRDTs Rapid Diagnostic TestsRFQ Request for QuotationRTKs Rapid Test KitsSCMS Supply Chain Management System ProgramUSAID U.S. Agency for International DevelopmentUSG U.S. GovernmentWHO World Health Organization

USAID GHSC-QA RTK RFQ 1

FHI 360FHI 360 is a human development organization dedicated to improving lives in lasting ways through research and projects in the areas of product QA, education, health, nutrition, economic development, environment, and civil society. Since 1971, FHI 360 has worked with approximately 1,400 partners in more than 125 countries, forging strong relationships with governments, diverse organizations, the private sector, and communities. By applying science to programs, FHI 360 is helping communities make measurable progress in the areas of health, education, disease prevention, poverty alleviation, and social inequity – improving lives for millions.

We have the unique ability to bring a 360-degree perspective to some of the world’s most complex human development challenges.

We translate this perspective into customized solutions that are making a real difference in people’s lives around the world.

FHI 360 envisions a world in which all individuals and communities have the opportunity to reach their highest potential.

Together we are helping people find their own ways of connecting with one another, with knowledge, with essential services, and with the tools they need to reach that potential.

FHI 360 vision

FHI 360 envisions a world in which all individuals and communities have the opportunity to reach their highest potential.

FHI 360 mission

FHI 360’s mission is to improve lives in lasting ways by advancing integrated, locally driven solutions for human development.

FHI 360 beliefs

A 360-degree perspective is required to address complex human development needs.

Sustainability comes from building the capacity of individuals, communities and countries to address their needs.

The key to improving lives is in generating, sharing, and applying knowledge.

Partnering with governments, civil society organizations, the private sector, and communities leads to success.

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FHI 360 values

Innovation to meet the evolving needs of our beneficiaries, funders, and partners.

Mutual respect for diversity and cultural differences.

Passion driven by a personal commitment to make a positive difference.

Accountability for our work, measuring, reporting, and continually improving all that we do.

Commitment to excellence assured by the highest ethical, quality, operational performance, and scientific standards.

Teamwork across disciplines and geographies, within the organization and with our partners.

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PROGRAM BACKGROUNDOVERVIEWThe U.S. Agency for International Development (USAID) is the U.S. Government (USG)'s principal implementing agency for international development assistance. Within USAID, the Bureau for Global Health has a broad portfolio that includes a wide array of programs and investments that represent the commitment and determination of the USG to prevent suffering, save lives, and create an environment that encourages development. Supply chain management, procurement of essential health commodities, and providing quality assurance (QA) for these commodities are essential components of the Agency's health portfolio and directly support the Agency's health contribution to the Global Health Initiative (GHI).

PROGRAM DESIGNIn 2015 the Bureau for Global Health issued a comprehensive QA award to FHI 360, the Global Health Supply Chain-Quality Assurance Program (GHSC-QA), which promotes the effectiveness and efficiency of USAID QA services by combining and coordinating QA activities. This contract provides independent, essential, comprehensive QA and quality control services covering the different health elements in the Bureau’s portfolio, including Rapid Test Kits (RTKs).

RTK TESTING AND TA UNDER GHSC-QAUnder GHSC-QA, FHI 360 is charged with establishing an international network of cost-effective laboratory testing facilities with proven capabilities to produce reliable, accurate, and precise testing results for all products within the project’s scope. RTKs are an important group of commodities within the GHSC-QA testing portfolio requiring both routine testing services as well as unique TA activities related to QA for these products. FHI 360 issued this RFQ to solicit quotations from organizations qualified to provided testing and TA for these products and, ultimately, to assure best value for RTK-related QA services provided to the USG.

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DESCRIPTION OF THE RFQThe USAID GHSC-QA Program requests responsive quotations to provide the services listed below. All testing services quoted must conform to the GHSC-QA SOP (80 positives / 80 negatives per lot for HIV and 20 positives / 20 negatives per lot for non-HIV) for testing and evaluation of each product. Refer to the Instructions for Offerors section below for instructions on acquiring technical guidance for bidding purposes.

Routine Testing of RTKs:

Provision of RTK testing services including:

HIV RTKs: HIV Rapid, Simple, ELISA, and Western blot evaluated according to the GHSC-QA SOP.

Syphilis RTKs: Evaluated according to the GHSC-QA SOP.

HBV: HBsAg, HBsAb, HBcAb rapid and ELISA tests according to the GHSC-QA SOP.

Cryptococcus: Cryptococcus rapid antigen and/or antibody tests according to the GHSC-QA SOP.

Pregnancy kits: Rapid and ELISA tests according to the GHSC-QA SOP.

The services listed above are key priorities for the program; however, other related services may be required as program needs change. In such cases, the program would address/negotiate any related cost implications with the subcontractor at that time.

TA Services Related to RTKs:

Provision of TA on an as-needed basis in the following areas as directed in writing by FHI 360 and in accordance with USAID GHSC-QA SOPs:

RTK retention storage facility: Provision and management of a dedicated RTK retention storage facility. The proposed facility must meet the following criteria:

o Compliance with host country regulations and WHO guidelines for storage, waste management, and sample destruction;

o Adequate security;

o Temperature and humidity monitoring;

o Acceptable inventory management systems/practices;

o Available refrigerated storage, and;

o Sufficient space to meet program needs.

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Analyses and investigations regarding the specific cause of laboratory- and field-related complaints;

Providing expertise related to RTKs and related products in support of program needs;

Review and assessment of product qualification;

Analyses of collective test results from multiple kit evaluations;

Developing capacity-building guidelines;

Purchasing, managing, and developing an expanded inventory of sample panels to support program activities, and;

Assisting with customs clearance for RTK samples and related products.

Based on historical testing levels, the program estimates that testing and TA will be required for approximately 150 lots of RTKs per year, and that the majority of the kits will be HIV RTKs. The volume of testing per quarter has been approximately 40 lots. The retention storage facility quoted should have sufficient space to house retained samples corresponding with these testing levels for approximately two years for at least 400 lots. It would be preferable if additional space could be secured on an as-needed basis, in case testing levels increase.

Quotations must be provided in accordance with the Instructions to Offerors.

INSTRUCTIONS TO OFFERORSQUOTATION FORMAT AND SUBMISSION PROCEDURE

Technical and Cost Quotations must be submitted as separate files. Both files may be transmitted in the same e-mail; however, each file must be named and clearly labeled to identify the Offeror and quotation type (i.e., FHI 360-TECHNICAL, FHI 360-COST.).

The subject line of the submission e-mail must read: Quotation 10-840-2019-1009-RTK for USAID QA Program - Name of Offeror.

The quotation, as well as all correspondence and documents relating to the quotation, must be in English.

Intent to Participate/Not ParticipatePlease advise FHI 360 of your receipt of the RFQ and your intent to submit or not submit a proposal by using the attached Acknowledgement Form and e-mailing it per instructions in the document. Bidders choosing to not participate must immediately delete any electronic versions of this RFQ.

In order to receive a copy of technical guidance/specifications related to RTK testing and TA under GHSC-QA, Offerors must return the completed acknowledgement form along

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with a signed copy of the attached confidentiality and nondisclosure agreement (CNDA). FHI 360 will provide a copy of the technical guidance upon execution of the CNDA. The Acknowledgement Form and the CNDA must be received by the due date/time indicated in the table on the RFQ cover page. If they are not received by the deadline, then no further communication may take place at FHI 360’s discretion. 

This RFQ in no way obligates FHI 360 to make an award, nor does it commit FHI 360 to pay any costs incurred by the Offeror in the preparation and submission of a proposal or amendments to a proposal.

Quotations must be organized as shown below.

TECHNICAL QUOTATIONObtaining consistent information from all bidders is essential if the evaluation criteria established by FHI 360 are to be consistently and systematically applied in the assessment of all responses. Bidders are therefore required to format their submissions in accordance with the requirements outlined in this section of the document. Failure to follow these requirements may result in the rejection of the response.

Technical quotations must be provided in Microsoft Word or Adobe PDF format, and must include the 11 sections listed below (in order). Each section must be numbered to match the corresponding requirement. Technical Quotations deviating from the specified format may be disqualified, and unsolicited brochures and marketing materials will not be reviewed. FHI 360 reserves the right to waive any administrative requirement.

Section Technical Quotation Requirement

1 Brief (one page or less) introduction to the Offeror’s organization and relevant areas of expertise

2 Evidence of relevant registrations, accreditations and certifications, including any related to QA testing and managing an RTK retention storage facility. Include all essential information such as the scope of accreditation and expiration date(s)

3 List of key personnel proposed to support the project. Include name, title, organization, degrees, role in the project, and relevant experience

4 Technical approach for managing the RTK testing and TA work. The technical approach should include:

How the RTK testing program will be managed, from receipt of samples through testing, storage, and destruction of samples;

Description of specific TA activities proposed for the program, and;

Management plan including roles and responsibilities and processes for tracking and correctly allocating staff time to different program activities (testing vs.TA).

5 Description of QA testing equipment and instrumentation (type, manufacturer, quantity) and description of proposed retention storage facility (size/space available, location, climate

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Section Technical Quotation Requirement

controls, security, refrigerated space available, backup power systems, etc.)

6 Historical testing and TA experience with RTKs and related products over the past 3 years, including:

Testing experience with RTKs, and;

TA experience related to RTKs, including sample management, analyses and investigation support, product qualification support, capacity building and method development, procurement of sample panels and related products, and facilitating customs clearance.

7 Detailed past performance references (maximum of 3) on major programs related to RTKs, with details of the client, donor, end-user/program, and contact information including name, phone number, and e-mail for each reference

8 Year-end financial statements for the last two years

9 Certificate of registration for the organization

10 Required organizational information:

Vendors must indicate whether they are a public or private organization.

Certificate of incorporation and by-laws

DUNS (if applicable)

Tax identification number (EIN or SSN for sole proprietors) (if applicable)

List of officers and Board of Directors (if incorporated)

11 Identification of any Potential Subcontractors*

*Identify any potential subcontractors and submit all required information listed in Section 11 for each subcontractor.

COST PROPOSAL REQUIREMENTS

Cost proposals must be submitted in Microsoft Excel using the attached template provided by FHI 360. Prices must be quoted in U.S. dollars ($).

Acceptance:Seller agrees, as evidenced by signature below, that the seller’s completed and signed solicitation, seller’s proposal including all required submissions and the negotiated terms contained herein, constitute the entire agreement for the services described herein.

By: (Seller Company Name)

USAID GHSC-QA RTK RFQ 8

Signature: __________________________________________________________Title:Date:

USAID GHSC-QA RTK RFQ 9

TERMS AND REQUIREMENTSTERMS

ValidityPrices quoted shall remain valid through January 1, 2022.

Award TypeFHI 360 anticipates issuing cost-reimbursable subcontract(s) based on the pricing submitted by Offerors.

Work Products, Reports, and DeliverablesAll materials produced and delivered by the vendor and all work products will be considered “work for hire” and will become the property of FHI 360 and/or USAID in accordance with the QA Program contract. Deliverables and work products produced by the vendor may be shared with third parties as required to support the QA Program. Offerors must be prepared to warrant that all deliverables will be free of errors and that no copyrights have been violated.

InvoicingMonthly invoicing is required. Invoices must be provided in a format that is acceptable to FHI 360 and USAID. The invoicing format will be determined prior to award.

Purchasing RestrictionsAll purchasing associated with the QA Program must comply with ADS 312 (Eligibility of Restricted Products) and 22 CFR 228 (Rules on Source and Nationality for Products and Services).

FHI 360 Terms and Conditions

All PO Terms and Conditions are listed on our website at forth at: https://www.fhi360.org/sites/default/files/media/documents/purchasing-terms-conditions-2019.pdf(hereinafter the “Terms”). Supplier’s delivery of products, performance of services, or issuance of invoices in connection with this purchase order establishes Supplier’s agreement to the Terms. The Terms may only be modified in writing signed by both parties.

Sample Subcontract Terms and ConditionsRefer to Appendix A for a sample set of subcontract terms and conditions.

REQUIREMENTS

Source and Nationality RequirementsThe authorized USAID Geographic Code is 935 for this procurement.

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AWARD CRITERIAFHI 360 is not obligated to make any award by virtue of having issued this solicitation. Award is predicated on FHI 360 receiving funding for this express purpose from USAID, and upon USAID’s approval of any awardees. FHI 360 can only make an award if the quoted service fully complies with the technical specifications cited in this RFQ. With USAID’s approval, FHI 360 may make an award to a single Offeror, should such an award be advantageous to the QA Program. Alternatively, FHI 360 may make awards to different Offerors, should such multiple awards be more advantageous to the program.

Quotations will be evaluated based on the following criteria:

1. Responsiveness to the RFQ in following instructions and providing all the required information

2. Strength of the technical approach

3. Technical qualifications and experience (including key personnel)

4. Laboratory/retention store capabilities and credentials

5. Cost

FHI 360 will recommend that award(s) be made to the responsible Offeror(s) whose quotation(s) represent the overall best value to the GHSC-QA Program.

USAID GHSC-QA RTK RFQ 11

APPENDIX A: SAMPLE TERMS AND CONDITIONSFHI 360 has provided an illustrative set of subcontract terms and conditions for Offerors’ review. The terms and conditions will be updated post-bid, if necessary, to reflect the latest flow-down language from USAID.

USAID GHSC-QA RTK RFQ A-1

SAMPLE SUBCONTRACT TERMS AND CONDITIONS

1. INDEPENDENT CONTRACTOR

The Subcontractor in all matters is and shall be deemed to be an independent contractor. This Subcontract does not create the relationship of principal and agent, employer and employee, joint venture, or partnership between the Subcontractor and FHI 360. Neither Subcontractor nor anyone employed by it represent, act, purport to act, will be or be deemed to be an agent, representative, or employee of FHI 360. The Subcontractor will comply with all laws and assume all risks incident to Subcontractor’s status as an independent entity. This includes, but is not limited to, responsibility for all applicable income taxes, associated payroll and business taxes, licenses and fees, and workers compensation and other insurance as required by law or as necessary for Subcontractor’s protection in connection with work performed under this Subcontract.

2. CONFIDENTIAL INFORMATION

During the term of this Subcontract, Subcontractor and its employees may receive or have access to data and information that is confidential and proprietary to FHI 360 or its funder. “Confidential Information” is defined as all technical, financial or business data or information that is proprietary to FHI 360 or its funder and is not generally known to the public, whether directly or indirectly disclosed, in verbal, written, graphic, photographic, electronic, prototypic, sample or any other form. Confidential Information does NOT include information that: is or becomes generally available to the public other than as a result of a disclosure by Subcontractor; becomes available to Subcontractor on a non-confidential basis from a source that is not prohibited by a legal,

contractual or fiduciary obligation from disclosing such information; is developed independently by Subcontractor without use of Confidential Information, as demonstrated by

written records and evidence; was in Subcontractor’s possession or known to Subcontractor prior to receipt from the disclosing party; or is required by law to be disclosed, provided Subcontractor notifies FHI 360 promptly and gives FHI 360 an

opportunity to seek an appropriate protective order.Confidential Information may be used by Subcontractor or its employees only for purposes of performing the obligations under this Subcontract. Subcontractor will not reveal, publish or otherwise disclose Confidential Information to any third party without the prior written consent of FHI 360.All “Confidential Information” disclosed to or otherwise made known to Subcontractor as a result of services under this Subcontract remains the sole property of FHI 360 and/or its funding sponsor. These obligations of confidentiality and non-disclosure will remain in effect at all times during the term of this Subcontract and for a period of five (5) years after the termination of this Subcontract.

3. ORGANIZATIONAL CONFLICTS OF INTEREST

a) The Subcontractor represents that, to the best of the Subcontractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, or that the Subcontractor has disclosed all such relevant information.

b) The Subcontractor agrees that if an organizational conflict of interest is discovered after award, the Subcontractor will make a full disclosure in writing to the FHI 360 Contracting Officer. This disclosure will include a description of activities which the Subcontractor has taken or proposes to take, after consultation with the FHI 360 Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

c) If the Subcontractor was aware of a potential organizational conflict of interest prior to award or discovered a conflict after award and did not disclose or misrepresented relevant information to the FHI 360 Contracting Officer, FHI 360 may terminate the Subcontract for default.

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d) The Subcontractor further agrees to insert provisions which will conform substantially to the language of this clause, including this subparagraph (d), in any Subcontract or consultant agreement arising out of this Subcontract.

4. STANDARDS OF ETHICS AND BUSINESS CONDUCT

The Subcontractor acknowledges and accepts FHI 360’s emphasis on the importance of accountability to those who benefit from FHI 360’s work, and the parties’ mutual accountability to each other, to project collaborators, and to our sponsors. The Subcontractor confirms its accountability to children and to all others whom its programs are intended to serve. In the case of children, the Subcontractor will undertake to ensure that no individual with any history of crimes against children will be placed in a position involving direct interaction with children as part of the work under this Subcontract.

The Subcontractor acknowledges that FHI 360 corporate policy requires that FHI 360’s activities be conducted within the letter and spirit of the law. The Subcontractor, including any of its affiliates and their respective employees, agents officers, or other members of its management will not make any payment, either directly or indirectly, of money or other assets to government or political party officials, candidates for public office, or representatives of other businesses or persons acting on behalf of any of the foregoing (referred to collectively as “officials”) where such payment would constitute a violation of any law. In addition, regardless of legality, the Subcontractor will make no payment either directly or indirectly to officials if such payment is for the purpose of influencing decisions or actions with respect to the subject matter of this Subcontract or any other aspect of FHI 360’s operations.

5. PROTECTION OF HUMAN RESEARCH SUBJECTS

The Subcontractor is responsible for safeguarding the rights and welfare of human subjects involved in research under this Subcontract. When this Subcontract is funded with funds from a federal department or agency, the Subcontractor shall provide FHI 360 with written assurance satisfactory to the sponsoring federal department or agency that it will comply with the Common Federal Policy for the Protection of Human Subjects found in Part 225 of Title 22 of the Code of Federal Regulations. This policy applies to all research involving human subjects conducted, supported or otherwise subject to regulation by any federal department or agency including research that takes place in foreign countries. In the case of research conducted outside of the United States and remains subject to 22 CFR 225, the Subcontractor shall submit to the FHI 360 Technical Monitor written assurance that procedures followed by the Subcontractor to protect human research subjects are at least equivalent to those in 22 CFR 225. In lieu of a written assurance, FHI 360 shall accept the existence of a current assurance, appropriate for the research in question, on file with the Office for Human Research Protections, HHS, or any successor office, and approved for federal wide use by that office.Any research supported under this Subcontract that will involve human subjects as defined in 22 CFR 225 shall not commence until the required assurance has been submitted to FHI 360 and Subcontractor has been notified in writing by the FHI 360 Technical Monitor that all other requisite approvals of the Subcontractor’s procedures pursuant to the protection of human research subjects have been obtained, as appropriate.

6. PATIENT CARE

When the Subcontract involves patient care, the Subcontractor assumes full responsibility and liability for the care and treatment of its patients. To the extent that the training and other support provided to the Subcontractor by FHI 360-employed personnel under this Subcontract encompasses treatment of Subcontractor’s patients, the Subcontractor acknowledges and agrees as follows:

(a) That the Subcontractor is ultimately responsible for such treatment;(b) That such treatment will be deemed to be done by and on behalf of the Subcontractor;(c) That the Subcontractor waives any claim against FHI 360 and/or FHI 360-employed personnel arising out of

patient treatment;(d) That the Subcontractor will assume full responsibility for any claims made by patients arising out of patient treatment, whether patient treatment was provided by Subcontractor-employed personnel or by FHI 360-

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employed personnel; and,(e) That the Subcontractor will hold FHI 360 harmless from any liability arising out of any assistance provided

under the terms of this Subcontract.

7. INSPECTION AND ACCEPTANCE

Acceptance of the effort specified in the Scope of Work will be made by FHI 360’s Technical Monitor or his/her authorized representative. FHI 360 has the right to inspect and evaluate the work performed under this Subcontract, and the premises where the work is being performed, at all reasonable times and in a manner that will not unduly delay the work.

8. CHANGES AND MODIFICATIONS

Any proposed change to this Subcontract must be authorized by a written modification to this Subcontract before performance of work involved in the change may begin.

9. WORK PRODUCTS AND DELIVERABLES

All work products and other deliverables including technical reports required under this Subcontract shall be submitted FHI 360 Technical Monitor. Notwithstanding any other payment provision of this Subcontract, failure of Subcontractor to submit required reports when due, or failure to perform or deliver required work, supplies, or services to the reasonable satisfaction of FHI 360’s Technical Monitor will result in the withholding of payment under the Subcontract unless such failure arises out of causes beyond the control and without the fault or negligence of Subcontractor.

10. WORKING FILES AND DATASETS

Subcontractor certifies that any working files maintained by Subcontractor including calculations, assumptions, interpretations of regulations, sources of information, and other raw data required in the performance of this Subcontract will be maintained in an accurate and complete manner. Upon request, Subcontractor will provide in-formation contained in its working files to the FHI 360 Technical Monitor.

11. RECORD KEEPING AND ACCESS

The Subcontractor will maintain books, records, documents, program and individual service records and other evidence of its accounting and billing procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature incurred in the performance of this Subcontract. These records will be subject at all reasonable times to monitoring, inspection, review or audit by authorized employees or agents of FHI 360 or its funding sponsor. The Subcontractor will retain all such records concerning this Subcontract for a period of three (3) years after the submission of the final Subcontractor Monthly Financial Report, unless a longer period is specified in the specific terms and conditions of the Subcontract. If any litigation, claim or audit is started before the expiration date of this three-year period, the records will be retained until all litigation, claims or audit findings involving the records have been resolved.

12. PUBLICATION

Unless otherwise specified in this Subcontract, the Subcontractor is encouraged to publish the results of its work under this Subcontract. In the event the Subcontractor proposes any academic publication arising out of Subcontractor’s work under this Subcontract, Subcontractor will contact the FHI 360 Technical Monitor and request copies of FHI 360’s policies regarding publication and authorship (POL 05004 and POL 05007). Subcontractor agrees to comply with the requirements of those policies.Disclaimer. For both academic and non-academic publications resulting from work performed under this Subcontract, Subcontractor will include a disclaimer which is in substantially conformity with the following example:

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“This publication is made possible by the support of the American People through the United States Agency for International Development (USAID). It was prepared under a Subcontract funded by Family Health International under Contract No. AID-OAA-C-15-00001. The content of this publication does not necessarily reflect the views, analysis or policies of FHI 360 or USAID, nor does any men tion of trade names, commercial products, or organizations imply endorsement by FHI 360 or USAID.”The Subcontractor will notify the FHI 360 Technical Monitor when any article, chapter or other publication is published, and will provide a copy of the published work to FHI 360.

13. TERMINATION

a) Termination. Funding for this Subcontract is contingent upon factors including the availability of funds to FHI 360, satisfactory progress by Subcontractor, and overall direction of the program of which this Subcontract is a part. FHI 360 may suspend or terminate this Subcontract in whole or in part, at any time, and for any reason, by providing five (5) days written notice of the effective date of the suspension or termination to Subcontractor. Subcontractor will be responsible for satisfying all of its obligations relative to this Subcontract through the effective date of termination. FHI 360 will only be responsible for costs incurred after the effective date of suspension or termination as follows: (a) FHI 360 expressly authorizes such costs in the notice of suspension or termination or subsequently in writing, or (b) the costs result from non-cancelable obligations that were properly incurred before the effective date of suspension or termination, were incurred not in anticipation of the suspension or termination, and the costs would be allowable if the Subcontract were not suspended or expired normally at the end of the funding period in which the termination takes effect..

b) Terms upon Termination. Upon Termination, Subcontractor will:1. cease all work except to the extent that is minimally necessary to shut down operations;2. return or provide to FHI 360 all materials and work product related to this Subcontract; and,3. provide FHI 360 with such services related to the transfer of tasks under the work statement to another

Subcontractor as is specified by FHI 360 upon termination.Subcontractor will be reimbursed for services provided up to the effective date of termination and any such transfer costs as are specified and approved in advance by FHI 360, provided such services are in accordance with the provisions of this Subcontract.

14. DISPUTES

All disputes and differences that may arise out of or in connection with the terms of this Subcontract will be settled by negotiations between the FHI 360 Contracting Officer and the Subcontractor’s duly authorized representative. For non-U.S. domiciled Subcontractors, disputes which remain unresolved after sixty (60) days will be settled by arbitration in London, England, U.K. in accordance with the international arbitration rules of the Interna tional Chamber of Commerce. For U.S. based Subcontractors, disputes which remain unresolved after sixty (60) days will be settled by arbitration in Raleigh, North Carolina, in accordance with the arbitration rules of the American Arbitration Association. An arbitration panel of three (3) arbitrators will be selected, with each party designating a single arbitrator. The arbitrators designated by the parties will select the third arbitrator. The decision of the arbitration panel will be final. This Subcontract is governed by and construed under the laws of the State of North Carolina, U.S.A. The provisions of the United Nations Convention for the International Sale of Goods are specifically excluded.

15. INDEMNIFICATION

The Subcontractor will indemnify, defend, and hold FHI 360 (and its affiliates, subsidiaries, directors, officers, employees and agents) harmless from and against any claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, incurred or suffered by any of them that arise out of or relate, in whole or in part, to any actual or alleged act or omission by Subcontractor or its employees, agents or representatives in connection with the performance of any of the work specified in this Subcontract.

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16. DEBARMENT AND SUSPENSION

The Subcontractor certifies that neither it nor its principals is presently excluded or disqualified from participation in this transaction by any Federal department or agency.

17. TERRORIST FINANCING

The Subcontractor will not engage in transactions with, or provide resources or support to individuals and organizations associated with terrorism, including those organizations and individuals identified in lists promulgated by the U.S. Government, the United Nations and the European Union. It is the legal responsibility of the Subcontractor to ensure compliance with these laws. This provision must be included in all lower tier subcontracts issued under this Subcontract.

18. PROHIBITION ON ASSISTANCE TO DRUG TRAFFICKERS

FHI 360 reserves the right to terminate this subcontract, to demand a refund or take measures if Subcontractor is found to have been, convicted of a narcotic offense or engaged in drug trafficking activities.

19. PROSTITUTION AND SEX TRAFFICKING

None of the funds made available under this subcontract may be used to promote or advocate the legalization or practice of prostitution or sex trafficking. Nothing in the preceding sentence shall be construed to preclude the provision to individuals of palliative care, treatment, or post-exposure pharmaceutical prophylaxis, and necessary pharmaceuticals and commodities, including test kits, condoms, and, when proven effective, microbicides.If this subcontract is for the implementation of HIV/AIDS programs, and if the Subcontractor is a non-US organization, the Subcontractor agrees that it is opposed to the practices of prostitution and sex trafficking and hereby certifies that it does not and will not promote the legalization or decriminalization or practice of prostitution or sex trafficking.

20. PROHIBITION ON ABORTION-RELATED ACTIVITIES

No funds made available under this subcontract will be used to finance, support, or be attributed to the following activities: 1. procurement or distribution of equipment intended to be used for the purpose of inducing abortions as a

method of family planning; 2. special fees or incentives to women to coerce or motivate them to have abortions; 3. payments to persons to perform abortions or to solicit persons to undergo abortions; 4. information, education, training, or communication programs that seek to promote abortion as a method of

family planning; or 5. lobbying for abortion.

No funds made available under this subcontract will be used to pay for any biomedical research which relates, in whole or in part, to methods of, or the performance of, abortions or involuntary sterilizations as a means of family planning. Epidemiologic or descriptive research to assess the incidence, extent or consequences of abortions is not precluded.

21. DELAYS

Whenever Subcontractor knows, or reasonably should know, that any actual or potential condition is delaying, or threatens to delay, the timely performance of work under this Subcontract, Subcontractor will, within five (5) days, notify FHI 360’s Technical Monitor, in writing, providing all relevant information with respect to the delay.

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22. VALIDITY AND WAIVER

The invalidity in whole or in part of any provision of this Subcontract will not affect the validity of other provisions. A waiver of a breach of any provision of this Subcontract will not constitute a waiver of any subsequent breach of that provision or a breach of any other provision of this Subcontract. The failure of FHI 360 to enforce at any time or from time to time any provision of this Subcontract will not be construed as a waiver of the provision.

23. BINDING EFFECT AND ASSIGNMENT

This Subcontract will be binding upon and will inure to the benefit of FHI 360’s successors and assignees. This Subcontract may not be assigned by Subcontractor without the prior written consent of FHI 360’s Contracting Officer, which consent will not be unreasonably withheld.

24. ORDER OF PRECEDENCE

Any conflict between any of the provisions and attachments to this Subcontract shall be resolved by applying the following order of precedence:

1. Articles of this Subcontract;2. Scope of Work – Attachment A; 3. FHI 360 Terms and Conditions - Subcontracts; and4. Donor specific Terms and Conditions

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FUNDING SPONSOR FLOW-DOWN TERMS AND CONDITIONS

1. AIDAR 752.7009 MARKING (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.(b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this subcontract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.(c) Authority to waive marking requirements is vested with the Regional AssistantAdministrators, and with Mission Directors.(d) A copy of any specific marking instructions or waivers from marking requirements is to be sent to the FHI 360 Contracting Officer; the original should be retained by the subcontractor.

2. BRANDING POLICY

The subcontractor must comply with the policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID Direct Contracting” (version from January 8, 2007) at h t tp : / / w w w . u s a id . g o v / po l i c y / ad s/ 300 / 3 2 0 . pd f ; and USAID "Graphic Standards Manual" available at www.u sa id. go v/b rand ing , or any successor branding policy.

3. BRANDING IMPLEMENTATION AND MARKING PLAN

The subcontractor will comply with the Branding Implementation and Marking Plan approved for the GHSC Quality Assurance Program. Upon approval by USAID, the plan will be provided to the Subcontractor and incorporated into Attachment G of this subcontract.

4. NOTICE LISTING SUBCONTRACT CLAUSES INCORPORATED BY REFERENCE

The following subcontract clauses pertinent to this section are hereby incorporated by reference (byCitation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this subcontract.

NUMBERTITLEFEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

DATE

52.246-5

52.246-15

INSPECTION OF SERVICES—COST-REIMBURSEMENT

CERTIFICATE OF CONFORMANCE

APR 1984

APR 1984

5. INSPECTION AND ACCEPTANCE

FHI 360 inspection and acceptance of all services, reports and other required deliverables or outputs under this subcontract must take place at Durham, North Carolina, USA, or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The FHI 360 Technical Point of Contact/Representative listed in Section G has been delegated the authority to inspect and accept all services, reports and required deliverables or outputs.

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6. RESPONSIBLE OFFICIAL

Within the terms and conditions established by FAR 52.246-5, inspection of results or other deliverables shall be made by the FHI 360 Technical Point of Contact/Representative. Acceptance of goods/services and reports or other deliverables by FHI 360 Technical Point of Contact/Representative shall form the basis for payments to the subcontractor, and will form the basis of the subcontractor’s permanent performance record with regard to this subcontract.

7. NOTICE LISTING SUBCONTRACT CLAUSES INCORPORATED BY REFERENCE

The following subcontract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR ―52.252-2 CLAUSES INCORPORATED BY REFERENCE‖ in Section I of this subcontract.

NUMBER TITTLE DATEFEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.242-15 STOP-WORK ORDER ALTERNATE I APR 198952.242-17 GOVERNMENT DELAY OF WORK APR 198452.247-34 F.O.B. DESTINATION NOV 199152.247-48 F.O.B. DESTINATION – EVIDENCE OF SHIPMENT FEB 199952.247-55 F.O.B. POINT FOR DELIVERY OF GOVERNMENT

FURNISHED PROPERTY JUN 2003

8. PERFORMANCE STANDARDS

Evaluation of the subcontractor's overall performance in accordance with the performance standards set forth in Section C will be conducted jointly by the FHI 360 Technical Point of Contact/Representative and the FHI 360 Contracting Officer, and shall form the basis of the subcontractor's permanent performance record with regard to this subcontract.

Evaluation of the subcontractor's overall performance will be in accordance with FAR 42.15 and corresponding USAID procedures. The subcontractor‘s performance will be evaluated [X] annually and at subcontract completion, utilizing the following factors:

(1) Quality of Product or Service(2) Cost Control(3) Timeliness of Performance(4) Business Relations(5) Meeting Small Disadvantaged Business Subcontracting Requirements/Goals(6) Effectiveness of Key Personnel and Subcontractors

9. AUTHORIZED WORK WEEK

A normal work week shall be five (5) days per week and eight hours per day. No overtime or premium pay is authorized.

10. LEVEL OF EFFORT (COST PLUS FIXED FEE)

The level of effort estimated to be ordered during the term of this contract is #### hours during the base period and #### hours during the option period, if exercised. In performing the subcontract, the subcontractor may use any combination of hours of labor categories.

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11. NOTICE LISTING SUBCONTRACT CLAUSES INCORPORATED BY REFERENCE

The following subcontract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this subcontract.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)AIDAR 48 CFR Chapter 7

752.7004 EMERGENCY LOCATOR INFORMATION JUL 1997

752.7027 PERSONNEL

12. INSURANCE AND SERVICES

For services performed by the Subcontractor overseas, the Subcontractor will provide:

a. FAR 52.228-3 Workers' Compensation Insurance (Defense Base Act) (Apr1984)

The Subcontractor must (a) provide, before commencing performance under this subcontract, such workers' compensation insurance or security as the Defense Base Act (42 U.S.C. 1651, et seq.) requires and (b) continue to maintain it until performance is completed. The subcontractor must insert, in all subcontracts under this subcontract to which the Defense Base Act applies, a clause similar to this clause (including this sentence) imposing upon those subcontractors this requirement to comply with the Defense Base Act.

b. AIDAR 752.228-3 Worker’s Compensation Insurance (Defense Base Act)

a) The subcontractor agrees to procure Defense Base Act (DBA) insurance pursuant to the terms of the contract between USAID and USAID‘s DBA insurance carrier unless the subcontractor has a DBA self-insurance program approved by the Department of Labor or has an approved retrospective rating agreement for DBA.

b) If USAID, FHI 360 or the subcontractor has secured a waiver of DBA coverage (see AIDAR 728.305-70(a)) for subcontractor‘s employees who are not citizens of, residents of, or hired in the United States, the subcontractor agrees to provide such employees with worker‘s compensation benefits as required by the laws of the country in which the employees are working, or by the laws of the employee‘s native country, whichever offers greater benefits.

c) The subcontractor further agrees to insert in all subcontracts hereunder to which the DBA is applicable, a clause similar to this clause, including this sentence, imposing on all subcontractors a like requirement to provide overseas workmen‘s compensation insurance coverage and obtain DBA coverage under requirements subcontract.

13. FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES (JAN 2002)

Funds in this subcontract may not be used to finance the travel, per diem, hotel expenses, meals, conference fees or other conference costs for any member of a foreign government's delegation to an international conference sponsored by a public international organization, except as provided in ADS Mandatory Reference "Guidance on Funding Foreign Government Delegations to International Conferences [http://www.info.usaid.gov/pubs/ads/300/refindx3.htm] or as approved by the FHI 360 Contracting Officer.

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14. AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENT (FEB 2012)

(a) Except as may be specifically approved by the FHI 360 Contracting Officer, the subcontractor must procure all commodities (e.g., equipment, materials, vehicles, supplies) and services (including commodity transportation services) in accordance with the requirements at 22 CFR Part 228―Rules on Procurement of Commodities and Services Financed by USAID Federal Program Funds.

The authorized source for procurement is Geographic Code 935 unless otherwise specified in the schedule of this subcontract. Guidance on eligibility of specific goods or services may be obtained from the FHI 360 Contracting Officer.

(b) Ineligible goods and services. The subcontractor must not procure any of the following goods or services under this subcontract:

(1) Military equipment(2) Surveillance equipment(3) Commodities and services for support of police and other law enforcement activities(4) Abortion equipment and services(5) Luxury goods and gambling equipment, or(6) Weather modification equipment.

(c) Restricted goods. The subcontractor must obtain prior written approval of the FHI 360 Contracting Officer comply with required procedures under an applicable waiver as provided by the FHI 360 Contracting Officer when procuring any of the following goods or services:

(1) Agricultural commodities, (2) Motor vehicles,(3) Pharmaceuticals and contraceptive items(4) Pesticides, (5) Fertilizer,(6) Used equipment, or(7) U.S. government-owned excess property.

If USAID determines that the subcontractor has procured any of these specific restricted goods under this subcontract without the prior written authorization of the FHI 360 Contracting Officer or fails to comply with required procedures under an applicable waiver as provided by the FHI 360 Contracting Officer, and has received payment for such purposes, the FHI 360 Contracting Officer may require the subcontractor to refund the entire amount of the purchase.

15. MEDICAL EVACUATION (MEDEVAC) SERVICES

As prescribed in AIDAR 728.307-70 and 752.228-70, for use in all subcontracts requiring performance overseas:

(a) Subcontractors must provide MEDEVAC service coverage to all U.S. citizen, U.S. resident alien, and Third Country National employees and their authorized dependents (hereinafter―individual‖) while overseas under a USAID-financed direct subcontract. FHI 360 will reimburse reasonable, allowable, and allocable costs for MEDEVAC service coverage incurred under the subcontract. The FHI 360 Contracting Officer will determine the reasonableness, allowability, and allocability of the costs based on the applicable cost principles and in accordance with cost accounting standards.

(b) Exceptions.

(i) The subcontractor is not required to provide MEDEVAC insurance to eligible employees and their dependents with a health program that includes sufficient MEDEVAC coverage as approved by the FHI 360 Contracting Officer.

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(ii) The FHI 360 Contracting Officer may make a written determination to waive the requirement for such coverage. The determination must be based on findings that the quality of local medical services or other circumstances obviate the need for such coverage for eligible employees and their dependents located at post.

(c) The Subcontractor must insert a clause similar to this clause in all subcontracts that require performance by subcontractor employees overseas.

16. ORGANIZATIONS ELIGIBLE FOR ASSISTANCE (ACQUISITION) (JUNE 2005)An organization that is otherwise eligible to receive funds under this contract to prevent, treat, or monitor HIV/AIDS shall not be required to endorse or utilize a multisectoral approach to combatting HIV/AIDS, or to endorse, utilize, or participate in a prevention method, or treatment program to which the organization has a religious or moral objection.

17. CONSCIENCE CLAUSE IMPLEMENTATION (FEBRUARY 2012)An organization, including a faith-based organization, that is otherwise eligible to receive funds under this agreement for HIV/AIDS prevention, treatment, or care—

a. shall not be required, as a condition of receiving such assistance—i. to endorse or utilize a mutisectoral or comprehensive approach to combating HIV/AIDS; or

ii. to endorse, utilize, make a referral to, become integrated with, or otherwise participate in any program, or activity to which the organization has a religious or moral objection; and

b. shall not be discriminated against in the solicitation or issuance of grants, contract, or cooperative agreements for refusing to meet any requirement described in paragraph (a) above.

18. CONDOMS (ACQUISITION) (SEPTEMBER 2014)

Information provided about the use of condoms as part of projects or activities that are funded under this subcontract shall be medically accurate and shall include the public health benefits and failure rates of such use and shall be consistent with USAID’s fact sheet entitled, “USAID HIV/STI Prevention and Condoms”. This fact sheet may be accessed at: http://www.usaid.gov/sites/default/files/documents/1864/CondomSTIIssueBrief.pdf The subcontractor agrees to incorporate the substance of this clause in all subcontracts under this subcontract for HIV/AIDS activities.

19. PROHIBITION ON THE PROMOTION OR ADVOCACY OF THE LEGALIZATION OR PRACTICE OF PROSTITUTION OR SEX TRAFFICKING (SEPTEMBER 2014)

(a) This subcontract is authorized under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Pub. L. No. 108-25), as amended. This Act enunciates that the U.S. Government is opposed to prostitution and related activities, which are inherently harmful and dehumanizing, and contribute to the phenomenon of trafficking in persons. The subcontractor shall not use any of the funds made available under this contract to promote or advocate the legalization or practice of prostitution or sex trafficking. Nothing in the preceding sentence shall be construed to preclude the provision o=to individuals of palliative care, treatment, or post-exposure prophylaxis, and necessary pharmaceuticals and commodities, including test kits, condoms, and, when proven effective, microbicides.

(b) i. Except as provided in (b) (ii), by its signature of this subcontract for HIV/AIDS Activities, a non-governmental organization or public international organization awardee/subawardee agrees that it is opposed to the practices of prostitution and sex trafficking.ii. The following organizations are exempt from (b) (i):

The Global Fund to Fight AIDS, Tuberculosis, and Malaria; the World Health Organization; the International AIDS Vaccine Initiative; and any United Nations agency.

U.S. nongovernmental organization recipients/sub recipients and contractors/ subcontractors; Non-U.S. contractors and subcontractors are exempt from (b) (i) if the contract or subcontract

is for commercial items and services as defined in FAR 2.101, such as pharmaceuticals, medical supplies, logistics support, data management, and freight forwarding.

USAID GHSC-QA RTK RFQ A-12

iii. Notwithstanding section (b) (ii), third bullet, not exempt from (b)(i) are non-U.S. contractors and subcontractors that implement HIV/AIDS programs under this contract or subcontract by:

Providing supplies or services directly to the final populations receiving such supplies or services in host countries;

Providing technical assistance and training directly to host country individuals or entities on the provision of supplies or services to the final populations receiving such supplies and services; or

Providing the types of services listed in FAR 37.203 (b) (1) – (6) that involve giving advice about substantive policies of a recipient, giving advice regarding the activities referenced in (i) or (ii), or making decisions or functioning in a recipient’s chain of command (e.g., providing managerial or supervisory services approving financial transactions, personnel actions).

(c) The following definitions apply for purposes of this provision:“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.“Prostitution” means procuring or providing any commercial sex act and the “practice of prostitution” has the same meaning. “Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act. 22 USC 7102(9).

(d) The contractor shall insert this provision in all subcontracts for HIV/AIDS activities.(e) Any violation of this provision will result in the immediate termination of this award by FHI 360.(f) The provision does not affect the applicability of FAR 52.222-50.

20. AUTHORIZED GEOGRAPHIC CODE

The authorized geographic code for this award is 935 defined as the United States, the Cooperating Country, and developing countries other than advanced developing countries, and excluding prohibited sources.

For accurate identification of developing countries, advanced developing countries, and prohibited sources, please refer to Automated Directive System (ADS) 310 entitled ―Source and Nationality Requirements for Procurement of Commodities and Services Financed by USAID.

21. LOGISTIC SUPPORT

The subcontractor must be responsible for all administrative support and logistics required to fulfill the requirements of this subcontract in the United States and Overseas. These must include all travel arrangements, appointment scheduling, secretarial services, report preparations services, printing, and duplicating.

22. LANGUAGE REQUIREMENTS

The subcontractor’s long- and short-term expatriate professionals shall have English language proficiency to perform technical services.

23. NONEXPENDABLE PROPERTY PURCHASES AND INFORMATION TECHNOLOGY RESOURCES

The subcontractor is not authorized to purchase nonexpendable property or information technology resources at this time. Any such purchases must be approved in writing and in advance by FHI 360.

24. CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

All reports generated and data collected during this project must be considered confidential and must not be reproduced, disseminated or discussed in open forum, other than for the purposes of completing the tasks described in this document, without the express written approval of the FHI 360 Contracting Officer. All findings, conclusions and recommendations must be considered confidential and proprietary.

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25. USAID DISABILITY POLICY - ACQUISITION (DEC 2004)

(a) The objectives of the USAID Disability Policy are (1) to enhance the attainment of United States foreign assistance program goals by promoting the participation and equalization of opportunities of individuals with disabilities in USAID policy, country and sector strategies, activity designs and implementation; (2) to increase awareness of issues of people with disabilities both within USAID programs and in host countries; (3) to engage other U.S. government agencies, host country counterparts, governments, implementing organizations and other donors in fostering a climate of nondiscrimination against people with disabilities; and (4) to support international advocacy for people with disabilities. The full text of the policy paper can be found at the following website: ht t p: / / www. u s a i d. g o v /a b o u t / d i s a b i li t y /D I S A BP O L.FIN. h t m l

(b) USAID therefore requires that the Subcontractor not discriminate against people with disabilities in the implementation of USAID programs and that it make every effort to comply with the objectives of the USAID Disability Policy in performing this subcontract. To that end and within the scope of the subcontract, the Subcontractor‘s actions must demonstrate a comprehensive and consistent approach for including men, women and children with disabilities.

26. 752.7007 PERSONNEL COMPENSATION (JUL 2007)

(a) Direct compensation of the subcontractor‘s personnel will be in accordance with the subcontractor‘s established policies, procedures, and practices, and the cost principles applicable to this subcontract.

(b) Reimbursement of the employee‘s base annual salary plus overseas recruitment incentive, if any, which exceed the USAID contractor Salary Threshold (USAID CST) stated in USAID Automated Directives System (ADS) Chapter 302 USAID Direct Contracting, must be approved in writing by the FHI 360 Contracting Officer , as prescribed in 731.205-6(b) or 731.371(b), as applicable.

27. ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

(a) Limitations:

(b) Salaries during Travel

Salaries and wages paid while in travel status will not be reimbursed for a travel period greater than the time required for travel by the most direct and expeditious air route.

(c) Return of Overseas Employees

Salaries and wages paid to an employee serving overseas who is discharged by the subcontractor for misconduct, inexcusable nonperformance, or security reasons will in no event be reimbursed for a period which extends beyond the time required to return him promptly to his point of origin by the most direct and expeditious air route.

(d) Consultants

No compensation for consultants will be reimbursed unless the subcontractor has advance written approval of the FHI 360 Contracting Officer ’s Representative (COR); and if such provision has been made or approval given, daily rates must be approved by the FHI 360 Contracting Officer . Compensation must not exceed: 1) the highest rate of annual compensation received by the consultant during any full year of the immediately preceding three years or 2) the USAID SES established rate (AWCPAS), whichever is less. Requests for waiver to this compensation guidance must be fully justified and must require the prior written approval of the FHI 360 Contracting Officer.

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(e) Initial Salaries

The initial starting salaries of all employees or consultants whose salaries are charged as a direct cost to this subcontract must be approved, in advance and in writing, by the FHI 360 Contracting Officer.

Note: The subcontractor must retain any approvals issued pursuant to sections (a) through (f) above for audit purposes. Approvals issued pursuant to the above must be within the terms of this subcontract, and must not serve to increase the total estimated cost or the obligated amount of this subcontract, whichever is less.

(f) Work Week

A [five]-day work week may be authorized for [Long-term and/or short-term] technical consultancies on a case by case basis subject to the FHI 360 Contracting Officer’s prior written approval.

(g) No overseas Employees. The length of the subcontractor's U.S., non-overseas employees workday must be in accordance with the subcontractor's established policies and practices and must not be less than 8 hours per day and 40 hours per week.

(h) Definitions

As used herein, the terms "Salaries," "Wages," and "Compensation" mean the periodic remuneration received for professional or technical services rendered, exclusive of any of the differentials or allowances defined in the clause of this subcontract entitled "Differentials and Allowances" (AIDAR 752.7028), unless otherwise stated. The term "compensation" includes payments for personal services (including fees and honoraria). It excludes earnings from sources other than the individual's professional or technical work, overhead, or other charges.

28. EMPLOYMENT OF THIRD COUNTRY NATIONALS AND COOPERATING COUNTRY NATIONALS(a) The following are unallowable costs for third country nationals (TCN’s) and cooperating country nationals (CCN’s) unless the Contracting Officer provides a written determination that such costs are allowable for specifically names individuals:

1. Compensation, including merit or promotion increases, that exceeds the prevailing compensation paid to personnel performing comparable work in the cooperating country;

2. Payment of compensation to TCN and CCN employees in other than the currency of the local country.

3. Allowances and differentials;(b) Unless otherwise approved by the Contracting Officer, the maximum prevailing compensation will be the same as the maximum salary under the Mission Local Compensation Plan.(c) The Contracting Officer will only determine the above costs to be allowable if and to the extent that the Mission Director approved such exceptions, and also subject to the usual considerations of reasonableness and allocability to the contract.(d) Even if the contract ceiling price is based on a cost proposal that estimated such payments, a specific allowability determination from the Contracting Officer is required in order for such costs to be reimbursed under this subcontract.

29. HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-12 (HSPD-12) (SEP 2006)

In response to the general threat of unauthorized access to federal facilities and information systems, the President issued Homeland Security Presidential Directive-12. HSPD-12 requires all Federal agencies to use a common Personal Identity Verification (PIV) standard when identifying and issuing access rights to users of Federally-controlled facilities and/or Federal Information Systems. USAID will begin issuing HSPD-12 ―smart card‖ IDs to applicable contracts, using a phased approach. Effective October 27, 2006, USAID will begin issuing new ―smart card‖ IDs to new contractors (and new contractor employees) requiring routine access to USAID controlled facilities and/or access to USAID‘s information systems. USAID will begin issuance of the new smart card

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IDs to existing contractors (and existing contractor employees) on October 27, 2007. (Exceptions would include those situations where an existing contractor (or contractor employee) loses or damages his/her existing ID and would need a replacement ID prior to Oct 27, 2007. In those situations, the existing contractor (or contractor employee) would need to follow the PIV processes described below, and be issued one of the new smart cards.)

Accordingly, before a contractor (including a Personal Services Contract or a contractor employee) may obtain a USAID ID (new or replacement) authorizing him/her routine access to USAID facilities, or logical access to USAID‘s information systems, the individual must provide two forms of identity source documents in original form and a passport size photo. One identity source document must be a valid Federal or state government-issued picture ID. (Overseas foreign nationals must comply with the requirements of the Regional Security Office.)

The contractor must comply with all applicable HSPD-12 and PIV procedures, as described above, and any subsequent USAID or government-wide HSPD-12 and PIV procedures/policies, including any subsequent related USAID General Notices, Office of Security Directives and/or Automated Directives System (ADS) policy directives and required procedures. This includes HSPD-12 procedures established in USAID/Washington and those procedures established by the overseas Regional Security Office.

In the event of inconsistencies between this clause and later issued Agency or government-wide HSPD-12 guidance, the most recent issued guidance must take precedence, unless otherwise instructed by the FHI 360 Contracting Officer.

The contractor is required to include this clause in any subcontract that requires the subcontractor or subcontractor employee to have routine physical access to USAID space or logical access to USAID‘s information systems.

30. CONSENT TO SUBCONTRACT

No subcontracting will be allowed under these subcontracts without prior written approval from the FHI 360 Contracting Officer.

31. GOVERNMENT FURNISHED FACILITIES OR PROPERTY

(a) The contractor and any employee or consultant of the contractor is prohibited from using U.S. Government facilities (such as office space or equipment) or U.S. Government clerical or technical personnel in the performance of the services specified in the Contract unless the use of Government facilities or personnel is specifically authorized in the Contract or is authorized in advance, in writing, by the FHI 360 Contracting Officer.

(b) If at any time it is determined that the contractor, or any of its employees or consultants,have used U.S. Government facilities or personnel either in performance of the contract itself, or in advance, without authorization in writing, by the FHI 360 Contracting Officer, then the amount payable under the contract must be reduced by an amount equal to the value of the U.S. Government facilities or personnel used by the contractor, as determined by the FHI 360 Contracting Officer.

(c) If the parties fail to agree on an adjustment made pursuant to this clause it shall be considered a "dispute" and shall be dealt with under the terms of the "Disputes" clauses of the contract.

32. AIDAR 752.7013 CONTRACTOR-MISSION RELATIONSHIPS (OCT 1989)

(a) The contractor acknowledges that this contract is an important part of the UnitedStates Foreign Assistance Program and agrees that its operations and those of its employees in the Cooperating Country will be carried out in such a manner as to be fully commensurate with the responsibility, which this entails.

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(b) The Mission Director is the chief representative of USAID in the Cooperating Country. In this capacity, he/she is responsible for the total USAID program in the cooperating country including certain administrative responsibilities set forth in this contract and for advising USAID regarding the performance of the work under the contract and its effect on the United States Foreign Assistance Program. Although the contractor will be responsible for all professional, technical, and administrative details of the work called for by the contract, it shall be under the guidance of the Mission Director in matters relating to foreign policy. The Chief of Party must keep the Mission Director currently informed of the progress of the work under the contract.

(c) In the event the conduct of any contractor employee is not in accordance withthe preceding paragraphs, the contractor‘s Chief of Party must consult with the Mission Director and the employee involved and shall recommend to the contractor a course of action with regard to such employee.

(d) The parties recognize the right of the U.S. Ambassador to direct the removal from a country of any U.S. citizen or the discharge from this contract of any third country national or cooperating country national when, at the discretion of the Ambassador, the interests of the United States so require. Under these circumstances termination of an employee and replacement by an acceptable substitute must be at no cost to USAID.

(e) If it is determined that the services of such employee shall be terminated, the contractor must use its best efforts to cause the return of such employee to the United States or point of origin as appropriate.

33. EXECUTIVE ORDER ON TERRORISM FINANCING (MAR 2002)

The contractor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the contractor to ensure compliance with these Executive Orders and laws. This provision must be included in all subcontracts/sub awards issued under this contract.

34. REPORTING OF FOREIGN TAXES (JUL 2007)

(a) The contractor must annually submit a report by April 16 of the next year. (b) Contents of Report. The report must contain:(1) Contractor name.(2) Contact name with phone, fax and email. (3) Contract number(s).(4) Amount of foreign taxes assessed by a foreign government [each foreign government must be listed separately] on commodity purchase transactions valued at $500 or more financed with U.S. foreign assistance funds under this agreement during the prior U.S. fiscal year.(5) Only foreign taxes assessed by the foreign government in the country receiving U.S. assistance is to be reported. Foreign taxes by a third party foreign government are not to be reported. For example, if a contractor performing in Lesotho using foreign assistance funds should purchase commodities in South Africa, any taxes imposed by South Africa would not be reported in the report for Lesotho (or South Africa).(6) Any reimbursements received by the contractor during the period in (4) regardless of when the foreign tax was assessed and any reimbursements on the taxes reported in (4) received through March 31.(7) Report is required even if the contractor did not pay any taxes during the report period. (8) Cumulative reports may be provided if the contractor is implementing more than one program in a foreign country.(c) Definitions. For purposes of this clause:(1) “Agreement” includes USAID direct and country contracts, grants, cooperative agreements and interagency agreements.(2) “Commodity” means any material, article, supply, goods, or equipment. (3) “Foreign government” includes any foreign governmental entity.(4) “Foreign taxes” means value-added taxes and custom duties assessed by a foreign government on a commodity. It does not include foreign sales taxes.(d) Where. Submit the reports to the FHI 360 Technical Point of Contact/Representative.(e) Sub agreements. The contractor must include this reporting requirement in all applicable subcontracts and other sub agreements.

USAID GHSC-QA RTK RFQ A-17

(f) For further information see: http: //ww w .s ta te.gov/m/rm /c10 443 .htm .

35. PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS (ADS 206)

USAID reserves the right to terminate this contract, to demand a refund or take other appropriate measures if the Contractor has been convicted of a narcotics offense or to have been engaged in drug trafficking as defined in 22 CFR Part 140.

36. TRAINET REPORTING FOR PARTICIPANT TRAINING

In accordance with ADS 253, all participant training programs and sub-programs, directly or indirectly funded by USAID, must be reported by the contractor in the Agency‘s Training Results and Information Network (TraiNet). The contractor is required to comply with all reporting and documentation requirements stated in ADS 253. In addition, the contractor is required to report on training program and sub-program expenditures under the three cost categories captured by TraiNet: Instruction, Participant/Trainee and Travel in accordance with ADS 253.3.3.

The contractor is required to comply with all the policies and procedures in accordance withADS 252 for any participant training programs or sub-programs that are conducted in the U.S.

37. ORGANIZATIONAL CONFLICTS OF INTEREST

This Contract calls for the Contractor to furnish services and deliverables to be implemented as described in Section C, Statement of Work, for the implementation of the [USAID Global Health Supply Chain Quality Assurance Program].

In accordance with the principles of FAR Subpart 9.505.3 and USAID policy, contracts for the evaluation of offers for products or services must not be awarded to a contractor that will evaluate its own offers for products or services, or those of a competitor, without proper safeguards to ensure objectivity to protect the Government’s interests, unless the Head of the Contracting Activity, in consultation with USAID’s Competition Advocate, authorizes a waiver (in accordance with FAR 9.503 and AIDAR 709.503) determining that preclusion of the Contractor from the implementation contract would not be in the Government’s interest.

38. LIMITING CONSTRUCTION ACTIVITIES (AUGUST 2013)

a) Construction is not eligible for reimbursement under this contract unless specifically identified in paragraph d) below.

b) Construction means —construction, alteration, or repair (including dredging and excavation) of buildings, structures, or other real property and includes, without limitation, improvements, renovation, alteration and refurbishment. The term includes, without limitation, roads, power plants, buildings, bridges, water treatment facilities, and vertical structures.

c) FHI 360 Contracting Officer s will not approve any sub-awards or procurements by recipients for construction activities that are not listed in paragraph d) below. USAID will reimburse allowable costs for only the construction activities listed in this provision not to exceed the amount specified in the construction line item of the award budget. The contractor must receive prior written approval from the CO to transfer funds allotted for construction activities to other cost categories, or vice versa.

e) The contractor must include this provision in all sub-awards and procurements and make vendors providing services under this award and sub-recipients aware of the restrictions of this provision.

USAID GHSC-QA RTK RFQ A-18

39. ENVIRONMENTAL COMPLIANCE (22 CFR 216)

1a) The Foreign Assistance Act of 1961, as amended, Section 117 requires that the impact of USAID’s activities on the environment be considered and that USAID include environmental sustainability as a central consideration in designing and carrying out its development programs. This mandate is codified in Federal Regulations (22 CFR 216) and in USAID’s Automated Directives System (ADS) Parts 201.5.10g and 204 (http://www.usaid.gov/policy/ADS/200/), which, in part, require that the potential environmental impacts of USAID-financed activities are identified prior to a final decision to proceed and that appropriate environmental safeguards are adopted for all activities.

1b) In addition, the contractor must comply with host country environmental regulations unless otherwise directed in writing by USAID. In case of conflict between host country and USAID regulations, the latter shall govern.

1c) No activity funded under this contract will be implemented unless an environmental threshold determination, as defined by 22 CFR 216, has been reached for that activity, as documented in a Request for Categorical Exclusion (RCE), Initial Environmental Examination (IEE), or Environmental Assessment (EA) duly signed by the Bureau Environmental Officer (BEO). (Hereinafter, such documents are described as “approved Regulation 216 environmental documentation.”)

2) An Initial Environmental Examination (IEE) [INSERT NUMBER] has been approved for the [INSERT NAME OF PROJECT] Project. The IEE covers activities expected to be implemented under this contract. USAID has determined that [INSERT DETERMINATION]. The Contractor shall comply with the approved IEE.

USAID GHSC-QA RTK RFQ A-19

PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES

40. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract.

Number TitleFederal Acquisition Regulation (AIDAR 48 CFR Chapter 7) Date

52.202-1 Definitions NOV 201352.203-3 Gratuities APR 198452.203-5 Covenant Against Contingent Fees MAY 201452.203-6 Restrictions on Contractor Sales to the Government SEP 200652.203-7 Anti-Kickback Procedures MAY 201452.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity MAY 201452.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 201452.203-12 Limitation of Payments to Influence Certain Federal Transactions OCT 201052.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 201152.204-9 Personnel Identity Verification of Contractor Personnel JAN 201152.204-10 Reporting Executive Compensation and First-tier Contract Awards JUL 2013

52.209-6 Protecting the Government’s Interest When Contracting with Contractors Debarred, Suspended, or Proposed for Debarment AUG 2013

52.215.2 Audit and Records – Negotiation OCT 201052.215-8 Order of Precedence—Uniform Contract Format OCT 199752.215-11 Price Reduction for Defective Cost or Pricing Data—Modifications AUG 201152.215-13 Subcontractor Certified Cost and Pricing Data—Modification OCT 201052.215-14 Integrity of Unit Prices OCT 201052.215.15 Pension Adjustment and Assess Reversions OCT 2010

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions JUL 2005

52.215-19 Notification of Ownership Changes OCT 199752.215-23 Limitations on Pass-Through Charges OCT 200952.216-7 Allowable Cost and Payment JUN 201352.216-8 Fixed Fee JUN 201152.217-2 Cancellation under Multi-Year Contracts OCT 199752.219-8 Utilization of Small Business Concerns MAY 201452.219-9 Small Business Subcontracting Plan JUL 201352.219-16 Liquidated Damages -- Subcontracting Plan JAN 199952.222-2 Payment for Overtime Premiums JUL 199052.222-3 Convict Labor JUN 200352.222-21 Prohibition of Segregated Facilities FEB 199952.222-26 Equal Opportunity MAR 200752.222-29 Notification of Visa Denial JUN 200352.222-35 Equal Opportunity for Veterans JUL 201452.222-36 Affirmative Action for Workers with Disabilities JUL 201452.222-37 Employment Reports on Veterans JUL 201452.222-54 Employment Eligibility Verification AUG 201352.223-6 Drug-Free Workplace MAY 2001

52.223-17 Affirmative Procurement of EPA-Designated Items In Services and Construction Contracts MAY 2008

USAID GHSC-QA RTK RFQ A-20

Number TitleFederal Acquisition Regulation (AIDAR 48 CFR Chapter 7) Date

52.223-18 Encouraging Contractor Policies to Ban Test Messaging While Driving AUG 201152.225-13 Restrictions on Certain Foreign Purchases JUN 200852.225-14 Inconsistency between English Version and Translation of Contract FEB 2000

52.225-19 Contractor Personnel in Designated Operational Area/Supporting Diplomatic/ Consular Mission Outside United States MAR 2008

52.227-3 Patent Indemnity APR 198452.227-14 Rights in Data – General MAY 201452.227-23 Rights to Proposal Data (Technical) JUN 198752.228-3 Worker’s Compensation Insurance (Defense Base Act) Clause JUL 201452.228-4 Workers’ Compensation and War Hazard Insurance APR 198452.228-7 Insurance Liability to Third Parties MAR 199652.229-8 Taxes- Foreign Cost-Reimbursement Contracts MAR 199052.230-2 Cost Accounting Standards MAY 201452.230-6 Administration of Costs Accounting Standards JUNE 201052.232-17 Interest MAY 201452.232.18 Availability of Funds APR 198452.232-20 Limitation of Cost APR 198452.232-23 Assignment of Claims MAY 201452.232-25 Prompt Payment JUL 201352.232-25 Prompt Payment Alternate I FEB 200252.232-33 Payment by Electronic Funds Transfer – System for Award Management JUL 201352.232-39 Unenforceability of Unauthorized Obligations JUN 201352.233-1 Disputes MAY 2014

Alternate I DEC 199152.233-3 Protest After Award AUG 199652.233-4 Applicable Law for Breach of Contract Claim OCT 200452.237-3 Continuity of Services JAN 199152.242-1 Notice of Intent to Disallow Costs APR 198452.242-3 Penalties for Unallowable Costs MAY 201452.242-4 Certification of Final Indirect Costs JAN 199752.242-13 Bankruptcy JUL 199552.243-2 Changes—Cost Reimbursement AUG 198752.244-2 Subcontracts OCT 201052.244-5 Competition in Subcontracting DEC 199652.244-6 Subcontracts for Commercial Items OCT 201452.245-1 Government Property APR 201252.246-23 Limitation of Liability FEB 199752.246-25 Limitation of Liability – Services FEB 199752.247-64 Preference for Privately Owned US-Flag Commercial Vessels FEB 200652.249-6 Termination (Cost Reimbursement) MAY 200452.249-14 Excusable Delays APR 198452.253-1 Computer-Generated Forms JAN 1991

The following AIDAR clauses are applicable to this contract. Their full text may be located at http://transition.usaid.gov/policy/ads/300/aidar.pdf. Should the Contractor not be able to view these clauses, FHI 360 will make their full text available:

USAID GHSC-QA RTK RFQ A-21

NumberTitle

US Agency for International Development Acquisition Regulation (AIDAR 48 CFR Chapter 7)

Date

752.202-1 Definitions JAN 1990752.204-2 Security Requirements752.209-71 Organizational Conflicts of Interest Discovered after the Award JUN 1993752.211-70 Language and Measurement JUN 1992

752.219-8 Utilization of Small Business Concerns and Small Disadvantaged Business Concerns

752.219-70 USAID Mentor-Protégé Program JUL 2007752.219-71 Mentor Requirements and Evaluation JUL 2007752.227-14 Rights in Data – General OCT 2007752.228-3 Worker’s Compensation Insurance (Defense Base Act)752.228-7 Insurance-Liability to Third Persons752.245-70 Government Property -- USAID Reporting Requirements752.245-71 Title to and Care of Property APR 1984752.7001 Biographical Data JULY 1997752.7002 Travel and Transportation JAN 1990752.7006 Notices APR 1984752.7008 Use of Government Facilities or Personnel APR 1984752.7010 Conversion of US Dollar to Local Currency APR 1984752.7011 Orientation and Language Training APR 1984752.7013 Contractor-Mission Relationships OCT 1989752.7014 Notice of Changes in Travel Regulations JAN 1990752.7015 Use of Pouch Facilities JUL 1997752.7019 Participant Training JAN 1999752.7025 Approvals APR 1984752.7028 Differentials and Allowances JUL 1996752.7029 Post Privileges JUL 1993752.7031 Leave and Holidays OCT 1989752.7033 Physical Fitness JUL 1997752.7034 Acknowledgement and Disclaimer DEC 1991752.7035 Public Notices DEC 1991752.7101 Voluntary Population Planning Activities JUN 2008

41. NONDISCRIMINATION (JUN 2012)

FAR Part 27 and the clauses prescribed in that part prohibit contractors performing or recruiting from the US from engaging in certain discriminatory practices. USAID is committed to achieving and maintaining a divers and representative workforce and a workplace free of discrimination. Based on law, Executive Order, and Agency policy, USAID prohibits discrimination in its own workplace on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, disability, age veteran’s status, sexual orientation, genetic information, marital status, parental status, political affiliation, and any other conduct that does not adversely affect the performance of the employee. USAID does not tolerate any type of harassment, either sexual or nonsexual, of any employee or applicant for employment. Contractors are required to comply with the nondiscrimination requirements of the FAR. In addition, the Agency strongly encourages all its contracts (at all tiers) to develop and enforce comprehensive nondiscrimination policies for their workplaces that include protection on these expanded bases, subject to applicable law.

USAID GHSC-QA RTK RFQ A-22

42. COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973, AS AMENDED

(a) The Subcontractor must provide a comprehensive list of all offered specific Electronic and Information Technology (EIT) products (supplies and services) that fully comply with Section 508 of the Rehabilitation Act of 1973, per the 1998 Amendments, and the Architectural and Transportation Barriers Compliance Board’s Electronic and Information Technology Accessibility Standards at 36 CFR Part 1194. The Subontractor must clearly indicate where this list with full details of compliance can be found (e.g. vendors, or other exact web page location). The Subcontractor must ensure that the list is easily accessible by typical users beginning five calendar days after award. The Subcontractor must maintain this detailed listing of compliant produces for the full contract term, including all forms of extensions, and must ensure that it is current within three calendar days of changes to its product line.

(b) For every EIT product accepted under this Subcontract by FHI 360 that does not comply with 36 CFR Part 1194, the Subcontractor shall, at the discretion of FHI 360, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either the planned refresh cycle of the product or service, or on the contract renewal date, whichever shall occur first.

43. 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION REQUIREMENTS (APR 2014)

Prior written approval by the Contracting Officer (CO), is required for all international travel directly and identifiably funded by USAID under this contract. The Contractor must therefore present to the Technical Point of Contact/Representative, an itinerary for each planned international trip, showing the name of the traveler, purpose of the trip, origin/destination (and intervening stops), and dates of travel, as far in advance of the proposed travel as possible, but in no event less than three weeks before travel is planned to commence. The Contracting Officer (CO) the COR (if delegated by the CO) prior written approval may be in the form of a letter or may be specifically incorporated into the schedule of the contract. At least one week prior to commencement of approved international travel, the Contractor must notify USAID, with a copy to the Contracting Officer (CO) or COR, of planned travel, identifying the travelers and the dates and times of arrival.

44. 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage - Fringe Benefits

[ ] [ ]

45. 52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB 2006)

(a) The Contractor shall submit to the address identified below, for prepayment audit, transportation documents on which the United States will assume freight charges that were paid-

(1) By the Contractor under a cost-reimbursement contract; and

(2) By a first-tier subcontractor under a cost-reimbursement subcontract thereunder.

USAID GHSC-QA RTK RFQ A-23

(b) Cost-reimbursement Contractors shall only submit for audit those bills of lading with freight shipment charges exceeding $100. Bills under $100 shall be retained on-site by the Contractor and made available for on-site audits. This exception only applies to freight shipment bills and is not intended to apply to bills and invoices for any other transportation services.

(c) Contractors shall submit the above referenced transportation documents to- [To be filled in by the Contracting Officer]

USAID GHSC-QA RTK RFQ A-24