REQUEST FOR PROPOSAL RFP/ACDI/VOCA/Service/01/2015 · Construction of Box culvert & Reinforced Concrete Pipe Culvert on three Roads in Bong and Nimba County. RFP/ACDI/VOCA/Service/01/2015

REQUEST FOR PROPOSAL

Construction of Box culvert & Reinforced Concrete Pipe Culvert on three Roads in Bong and Nimba County.

RFP/ACDI/VOCA/Service/01/2015

LAUNCH

Funded By

USAID

RFP Release Date: February 9, 2016

Anticipated Performance Period:

March 7, 2016- May 31, 2016

Proposal Submission Deadline: February 29, 2016 @ 2:00 PM local

time

Question/ Inquiry Submission Deadline: February 22, 2016

DocuSign Envelope ID: EF24FE25-965F-47B1-BE14-0C1AE24C8A1D

TABLE OF CONTENTS

I. Introduction .......................................................................................................................................................... 3

A. Company Background ..................................................................................................................................... 3

B. Program Background ....................................................................................................................................... 3

II. Purpose ................................................................................................................................................................. 3

A. Scope of Work ................................................................................................................................................. 3

B. Deliverables ..................................................................................................................................................... 3

III. CONTRACT MECHANISM & TERMS OF PAYMENT .................................................................................. 4

IV. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS ........................................................... 4

A. Instructions for Proposal Preparation ............................................................................................................... 4

1. Capability and Technical Experience Statement ......................................................................................... 4

2. Project Staffing ............................................................................................................................................ 4

3. Cost Proposal ............................................................................................................................................... 4

4. References ................................................................................................................................................... 4

B. Instructions for Submission of Proposal .......................................................................................................... 4

V. CRITERIA FOR EVALUATION ........................................................................................................................ 5

VI. SOLICITATION PROCESS ................................................................................................................................ 5

VII. TERMS AND CONDITIONS ............................................................................................................................. 5

A. Late Submissions ............................................................................................................................................. 5

B. Modification of RFP Requirements ................................................................................................................. 5

C. Withdrawals of Proposals ................................................................................................................................ 6

D. Right of Negotiation and Acceptance of Proposal ........................................................................................... 6

E. Validity of Proposal ......................................................................................................................................... 6

F. Minimum Offeror Qualifications ..................................................................................................................... 6

G. Intellectual Property Rights ............................................................................................................................. 6

VIII. ATTACHMENTS ................................................................................................................................................ 6

Appendix A. Purchase Order General Terms and Conditions ......................................................................... 7-13

Appendix B. Sample Budget Format .................................................................................................................. 10

Appendix C. Technical Proposal Submission Sheet ........................................................................................... 24


I. INTRODUCTION

A. COMPANY BACKGROUND

Based in Washington, D.C., ACDI/VOCA is a nonprofit international development organization that delivers

technical and management assistance in agribusiness, financial services, enterprise development, community

development and food security in order to promote broad-based economic growth and vibrant civil society. For more

information, go to www.acdivoca.org.

B. PROGRAM BACKGROUND

ACDI/VOCA LAUNCH and its partners, Project Concern International (PCI), John Snow International (JSI), and

Making Cents International (MCI), developed a comprehensive action plan to bolster food security in Liberia by

addressing the following technical areas: the promotion of sustainable livelihood strategies; improved health and

nutrition; and support to interventions to increase access to and quality of education. The project focuses on these

three objectives with the aim to reduce food insecurity among vulnerable rural populations in six districts in Bong

and Nimba Counties.

II. PURPOSE

ACDI/VOCA LAUNCH is seeking proposals from qualified, registered Construction Company to rehabilitate three

roads in Bong and Nimba Counties. These roads include:

Road Name County Number of lines of

Reinforce Concrete

Pipe(RCP)

Length of

Road Number of Box

culvert

District

Bahn 45 –

Mletontou

Road

Nimba 3lines-900mm

RCP

1line- 1200mm

RCP

1 double line

1200mm RCP

3lines- 600mm

RCP

3.4km N/A Zoe Gbao

Sawmill to

Gbonokalai

Road

Bong 4lines-900mm

RCP

1line- 1200mm

RCP

1 double line

1200mm RCP

8.62km 1 Box culvert Sanoyea

Gbeyilata

Road

Bong 9lines-900mm

RCP

1 double line

1200mm RCP

3.72km N/A Salala


http://www.acdivoca.org/

SCOPE OF WORK :

Constructions of Reinforce Concrete Pipe (RCP) and Box culvert on the three roads with respect to “Ministry of

Public Works (MPW) TECHNICAL SPECIFICATIONS FOR FEEDER ROAD AND MINOR BRIDGE” (TS)

*** ACDI/VOCA intends to offer Forty Five (45) working days for construction period and ten working days defect

liability period. Through this Request for Proposal, we are therefore requesting your best pricing for services for the

approximately Forty five (45) days period of performance ( 7th

March- 2016 to 31th

May 2016).

A. DELIVERABLES

The service provider must ensure:

1. That all services shall be carried out with the most reasonable competence, skills and care within the most

reasonable time frame as stated in the table below;

2. That all construction work shall be controlled by the MPW TECHNICAL SPECIFICATIONS FOR FEEDER

ROAD AND MINOR BRIDGE; and

3. That the Contractor will submit all deliverables under this contract in draft form for comments to the Road

Engineer Consultant (REC) and the Site Inspectors (SI). The REC will provide consolidated comments having

incorporated the recommendations from the SI to the contractor. The Contractor will submit the final form of

all deliverables to the REC, within 10 days following the REC and SI receipt of the draft deliverable.

Reporting requirements may be redefined by mutual agreement between the Contractor, SI and REC. The

Contractor must submit all deliverables including reports, tender documents, and drawings, both in hard and

soft copies. The Contractor must submit all technical reports related to project in hard copies and electronic

format, or other relevant formats depending on the applicable software. The Contractor shall submit one

electronic copy and two hard copies of the final report to the REC and to the SI. The Contractor shall also

submit copies of technical reports to GOL partners based upon specific distribution guidance from the Deputy

Program Director (DPD).

Deliverables Schedule

Deliverables Due Date

Performance Bond 7 days after Notice to Proceed (Awarding of Contract)

Mobilized to Site 7 days after Notice to Proceed

Bahn 45 – Mletontou Road

(3.4km) in Nimba County

45 days calendar months after Notice to Proceed

Sawmill to Gbonokalai Road

(8.62km) in Bong County

45 days calendar months after Notice to Proceed


Gbeyilata Road (3.72km) in Bong County 45 days calendar months after Notice to Proceed

Defect Liability Period 90 days calendar months after construction has been completed


Reporting Schedule

Reports Due Date

Inception Report (including detailed work

plan for 45days, site safety plan, health

plan and Environmental monitoring and

management plan)

14 days after Notice to Proceed

Weekly site reports/visitors log Completed weekly and filed at the site offices

Monthly progress reports 10 days after the end of each calendar month

Substantial completion report 45 days after Notice to Proceed

Final Project Report 55 days following Notice to Proceed

III. CONTRACT MECHANISM & TERMS OF PAYMENT

ACDI/VOCA LAUNCH anticipates issuing a Fixed Price (Services) purchase order contract to an Offeror.

ACDI/VOCA LAUNCH will issue fixed payment(s) based on submission and ACDI/VOCA LAUNCH acceptance

of deliverables. Once an award is issued, it will include a fixed rate payment schedule with deliverables specified

above. A copy of the purchase order terms and conditions are attached to this RFP for informational purposes.

IV. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

A. INSTRUCTIONS FOR PROPOSAL PREPARATION

The selection committee will evaluate the Offeror based upon their criteria listed below. Each section will be

evaluated according to the criteria for evaluations in Section V. Offeror(s) are expected to examine the specifications

and all instructions in the RFP. Failure to do so is at the Offerors risk. Interested Offeror(s) must provide the

following:

1. CAPABILITY AND TECHNICAL EXPERIENCE STATEMENT

Demonstrate capabilities and technical experience by providing the following:

a. Company’s profile overview.

b. Company’s capabilities to perform the services requested.

c. Past performance/references of at least three individuals with contact information including telephone

number(s) and email address.

d. Business registration documents (current).

e. MPW Certificate (current).

f. LACC Certificate (current).

g. Key Personnel (Project Manager, Quality Control officer, Environmental/Safety Officer).


h. Tax clearance (current).

i. List of current professional staff including their CVs and area of expertise.

j. Statement of performance guarantee.

k. Methodology to disclose how services shall be performed relative to responding to urban and rural services.

Such methodology shall include how towing services shall be carryout.

2. COST PROPOSAL

Offeror will submit a proposed budget within their proposals to include all of the services listed above through a

separate, sealed envelope, or through separate electronic files. The proposed budget will have sufficient detail to

allow proper evaluation of costs proposed for each element. ACDI/VOCA reserves the right to request any

additional information to support costs and price in detail.

3. REFERENCES

Please include three client references with detailed contact information. References should have worked with

your organization within the past three years in connection with the countries and/or regions (and if possible,

subject matter) applicable to this RFP.

B. INSTRUCTIONS FOR SUBMISSION OF PROPOSAL

1. Your proposal (including both technical narrative and price) shall be submitted and shall be clearly identified

with the RFP number and the Offeror’s name.

All responses to this RFP must be received no later than the submission deadline on the cover page of this RFP.

All proposals must be submitted in the following formats:

ACDI/VOCA

Attention: PROCUREMENT DEPARTMENT: ACDI/VOCA LAUNCH

Fouta Corporation Compound, Vai Town. Monrovia, Liberia

Email: [email protected]

Faxed offers are not acceptable.

2. All inquiries and requests for information regarding this RFP must be submitted by email to the following

individuals no later than the question/inquiry submission deadline on the cover page of this RFP. Reference the

RFP number in all questions/inquiries.

Contractual Technical

Name: Victoria Tokpa

ACDI/VOCA Fouta

Corporation

Compound, Vai Town.

Monrovia, Liberia

Eric Pewee

ACDI/VOCA-LAUNCH 16ht

Street Sinkor

Monrovia, Liberia

Email: [email protected] [email protected]

3. ACDI/VOCA will not compensate Offeror for their preparation of responses to this RFP.


mailto:[email protected]



V. CRITERIA FOR EVALUATION

ACDI/VOCA LAUNCH will evaluate proposals based on a best-value determination; Offeror should submit their

most competitive price proposal. Proposals will be evaluated using the following criteria:

ACDI/VOCA will not evaluate proposals from a Contractor that do not provide a certified letter from a lending

institution ensuring that, upon contract award, the lending institution will issue a performance bond.

ACDI/VOCA will evaluate the proposals on the basis of the below technical evaluation factors with the

following weight, which total 100 Points. These evaluation factors reflect the requirements of this

particular solicitation.

No. Technical Evaluation Factor Points

1 Technical approach 40

2 Key personnel 30

3 Company’s past performance 20

5 Cost

10

TOTAL 100 points

M.3 COST EVALUATION (10 Point)

(a) ACDI/VOCA will award 10 evaluation points for cost proposals.

(b) ACDI/VOCA will evaluate the cost proposal based on, but not limited to, the following considerations:

(1) Fairness and reasonableness of proposed costs.

(2) Cost realism and completeness of the cost proposal and supporting documentation. The FAR

states that ―cost realism means that costs in an offeror’s proposal are realistic for the work being

performed; reflect a clear understanding of the technical requirements; and are consistent with

the various elements of the offeror’s technical proposal.


(3) Consistency with the Scope of Work.

M.4 TECHNICAL APPROACH (40 POINTS)

ACDI/VOCA will evaluate the quality of the offeror’s technical approach to meet the objectives and the ability to accomplish the

tasks described in Section C. The following are illustrative considerations:

The offeror’s ability to meet the technical requirements, work methods and tasks.

The offeror’s ability to manage the work considering the period of performance compared to resource allocation and

critical path analysis as demonstrated in the offeror’s work schedule and site organizational plan.

The quality and applicability of the technical approach’s quality assurance/control and environmental

mitigation and management plans to complete the work.

M.5 KEY PERSONNEL (30 POINTS)

ACDI/VOCA will evaluate the quality of the offeror’s proposed key personnel to meet the objectives and accomplish the

tasks described in Section C taking into consideration the qualifications, experience and suitability for the roles described in

section F.11. Key personnel resumes will be evaluated to determine the depth and breadth of the proposed personnel’s

experience on the same or similar projects and as it relates to the responsibilities that person will have on this contract.

M.6 PAST PERFORMANCE (20 POINTS)

ACDI/VOCA will evaluate the company’s past performance in road works of a similar nature, size and value in the past four

years to determine the following:

(a) Performance information will be used for both the responsibility determination and best value decision. ACDI/VOCA

may use performance information obtained from other than the sources identified by the Offeror/subcontractor.

ACDI/VOCA will solicit information from the references provided in the technical proposal.

(b) The contractor performance information determined to be relevant will be evaluated in accordance with the following

elements:

1) Quality of product or service, including consistency in meeting goals and targets.

2) Cost control, including forecasting costs as well as accuracy in financial reporting ensuring their unnecessarily expensive

technical assistance is not used when lower cost advisors are adequate and packing the expenditure of level of effort such

that contract deliverables and outputs can be produced within budget.

3) Timeliness of performance, including adherence to contract schedules and other time-sensitive project conditions, and

effectiveness of home and field office management to make prompt decisions and ensure efficient completion of tasks.

4) Business relations, addressing the history of professional behavior and overall business-like concern for the interests

of the customer, including coordination among subcontractors and developing country partners, cooperative attitude

in remedying problems, and timely completion of all administrative requirements.

5) Customer satisfaction with performance, including end user or beneficiary wherever possible.

(c) In cases where (1) an Offeror lacks relevant performance history; (2) information on performance is not available; or (3)

an Offeror is a member of a class of Offerors where there is provision not to rate the class against a sub factor, then the

Offeror will not be evaluated favorably or unfavorably on performance. The overall rating assigned to any Offeror

lacking relevant performance history is a score commensurate with the percentage of points received vs. possible points.

Prior to assigning an overall past performance rating, the Contracting Officer may take into account a broad range of

information related to an Offerors performance.

VI. SOLICITATION PROCESS

Once the RFP is released, the Offerors must prepare a formal proposal to be sent to the contact person at ACDI/VOCA

LAUNCH as indicated in Section IV (b) (1). The submitted proposals will be reviewed against the criteria for evaluation

defined in Section V above and rated on their ability to satisfy the requirements stated in this RFP document. A preferred

Offeror will be chosen and formally notified. A formal contract will be negotiated with the selected Offeror and, if endorsed,

the Offeror will begin work on the project.


VII. TERMS AND CONDITIONS

A. LATE SUBMISSIONS

Proposals received after the submission deadline stated in the cover page of this RFP may not be considered. Offerors will be

held responsible for ensuring their quotations are received according to the instructions stated herein. A late offer will be

considered if the cause was attributable to ACDI/VOCA LAUNCH or its employees/agents, or if it is in the best interest of

ACDI/VOCA LAUNCH.

B. MODIFICATION OF RFP REQUIREMENTS

ACDI/VOCA LAUNCH retains the right to terminate the RFP or modify the requirements upon notification to Offerors.

C. WITHDRAWALS OF PROPOSALS

Proposals may be withdrawn by written notice via email at any time before award. Proposals may be withdrawn in person by

an Offeror or authorized representative, if the representative’s identity is made known and the representative signs a receipt

for the proposal before award.

D. RIGHT OF NEGOTIATION AND ACCEPTANCE OF PROPOSAL

This RFP represents a definition of requirements and is an invitation for submission of proposals. ACDI/VOCA reserves the

right to fund/award any or none of the submitted proposals. No commitment is made, either expressed or implied, to

compensate Offeror for costs incurred in the preparation and submission of their proposal.

ACDI/VOCA may reject any proposal that is nonresponsive. A responsive proposal is one that complies with all terms and

conditions of the RFP. A proposal must be complete, signed by an authorized signatory, and delivered no later than the

submission time and date indicated on the cover sheet of this RFP. ACDI/VOCA may reserve the right to waive any minor

discrepancies in a proposal.

ACDI/VOCA reserves the right to issue an award based on the initial evaluation of proposals without discussion.

ACDI/VOCA also reserves the right to enter into best and final negotiations with any responsive Offeror for all or part of the

proposed scope.

E. VALIDITY OF PROPOSAL

Proposals submitted shall remain open for acceptance for 60 days from the last date specified for receipt of proposals. This

includes, but is not limited to, pricing, terms and conditions, service levels, and all other information. If your organization is

awarded the contract, all information in the RFP and negotiation process is contractually binding.

F. MINIMUM OFFEROR QUALIFICATIONS

Offeror submitting proposals must (1) be officially licensed to do such business in Liberia, (2) be able to receive USAID

funds and (3) not have been identified as a terrorist. In addition, Offeror may be required to provide the following

information:

Documentation to verify licensure (e.g., tax id, registration certificate, etc.)

Demonstration of adequate management and financial resources to perform the contract

Satisfactory records of performance history, integrity and business ethics

The Offeror must be a dealer in vehicle servicing, maintenance and repair as per the brands stated above. They must

be the dealer of original service parts for some/all the brands stated above.

G. INTELLECTUAL PROPERTY RIGHTS


All tangible or intangible property created or acquired under this contract shall be the exclusive property of ACDI/VOCA and

the donor. The term “property” includes all data and reports associated with this engagement. Reference is made to Sections

12 and 13 in the business terms and conditions attached in Appendix A.

VIII. ATTACHMENTS

Appendix A: Purchase Order General Terms and Conditions

Appendix B: Sample Budget Format

Appendix C: Technical Proposal Submission Sheet


APPENDIX A. PURCHASE ORDER GENERAL TERMS AND CONDITIONS

GENERAL BUSINESS TERMS AND CONDITIONS

**These Terms and Conditions apply to all Purchase Orders**

1. Assignment. Vendor shall not assign, subcontract or transfer all or any portion this Purchase Order or any of its obligations without

the express, prior written permission of ACDI/VOCA.

2. Proprietary Information & Confidentiality. Vendor shall consider all data, documentation, drawings, specifications software and

other information furnished by ACDI/VOCA to be confidential and proprietary and shall not disclose any such information to any

other person, or use such information itself for any purpose other than that for which it was intended in completing this order, unless

Vendor obtains written permission from ACDI/VOCA to do so. Vendor agrees to execute ACDI/VOCA’s standard Non-Disclosure

Agreement upon request.

3. Terms of Payment. Subject to any superseding terms on the face hereof, Vendor shall mail the invoice to the address listed in Box 6

of the Purchase Order and be paid upon completion/acceptance of the required supplies/services. (A) TIMING OF PAYMENTS.

Vendor shall be paid, in the currency on the face of this Purchase Order, within thirty (30) days after ACDI/VOCA’s receipt of an

acceptable invoice and ACDI/VOCA’s acceptance of the completed products/services in accordance with (B) “Inspection and

Acceptance” below, together with any required documents. ACDI/VOCA is under no obligation to pay Vendor’s invoices received

later than 90 days after acceptance. Payment of Vendor invoices by ACDI/VOCA shall not constitute final approval of the invoices.

All charges invoiced by Vendor may remain subject to ACDI/VOCA and/or government/Client audit and subsequent

adjustment. Vendor agrees to reimburse ACDI/VOCA for any costs disallowed by Client. (B) INSPECTION & ACCEPTANCE. (1)

Vendor shall work within professional standards covering the work and shall make such inspections as are deemed necessary to insure

Vendor compliance. (2) All deliveries shall be subject to final inspection by ACDI/VOCA. If deliverables or a service performed by

Vendor is found to be defective, Vendor shall be given the opportunity to correct any deficiencies within a reasonable period of time,

not more than 10 days. If correction of such work is impracticable, Vendor shall bear all risk after notice of rejection and shall

promptly make all necessary replacements at its own expense, if so requested by ACDI/VOCA. Vendor shall provide immediate

notice to ACDI/VOCA of any potential failure on the part of its suppliers to provide supplies/services required. Vendor is responsible

for any deficiency on the part of its suppliers. Vendor shall be responsible for any costs of reprocurement as may be necessary for

ACDI/VOCA to secure the supplies/services as a result of Vendor’s inability to perform that exceed the agreed upon price herein. (C)

LATE DELIVERIES. In addition to any remedies available to it in the event of late delivery, ACDI/VOCA may deduct 1% of the

amount invoiced for such delivery for each day said delivery was late. This will not exceed 10% of the total value of the Purchase

Order.

4. Performance. All services are to be performed to the satisfaction of ACDI/VOCA. If stated in the scope of work, time is of the

essence with respect to the performance. ACDI/VOCA shall not be billed at prices higher than those stated in this Purchase Order.

ACDI/VOCA shall have no obligation to pay Vendor more than the fixed price or ceiling price stated on the face of this Purchase

Order.

5. Title and Risk of Loss. Title to and risk of loss of, each product and/or service to be delivered/provided shall, unless otherwise

provided herein, pass from Vendor to ACDI/VOCA upon acceptance of such product/service by ACDI/VOCA.

6. Force Majeure. Any non-performance or delay in performance of any obligation of either party under this Purchase Order may be

excused to the extent such failure or non-performance is caused by an event or condition beyond the reasonable control of the non-

performing party, and which, by the exercise of due diligence, could not be avoided or overcome (“Force Majeure”). However, in no

event will any non-performance or delay in performance of any of Vendor’s suppliers or any labor disruption affecting Vendor

specifically, and not Vendor’s industry generally, constitute Force Majeure for Vendor. If Vendor is affected by Force Majeure, it will

(i) promptly provide notice to ACDI/VOCA, explaining the particulars and the expected duration of the Force Majeure and (ii) use its

best efforts to remedy the interruption or delay if it is reasonably capable of being remedied, and to mitigate the adverse effects of

such interruption or delay on ACDI/VOCA, including sourcing substitute providers of services from the market, at Vendor’s expense,

in order to meet ACDI/VOCA’s required completion dates.

7. Warranty. Vendor warrants all supplies/services to be free from all material defects and expressly represents that all such required

supplies/services are capable of providing/performing the function service for which they were intended. Vendor agrees to pass on all

manufacturers’ warranties to ACDI/VOCA. To the extent that ACDI/VOCA is held financially responsible for any deficiencies in the

services performed by the Vendor, the Vendor agrees to cure such deficiencies at the sole cost to the Vendor. Vendor agrees to

deliver/provide the products/services which are the subject-matter of this Purchase Order to ACDI/VOCA free and clear of all liens,

claims, and encumbrances. Vendor represents and warrants to ACDI/VOCA that: (i) it has no conflict of interest with respect to the

Services to be performed for ACDI/VOCA under this Purchase Order; (ii) it has not entered into any agreement, or executed any

document, with any individual or other organization that will prevent it from: (a) disclosing and assigning intellectual property in work

product exclusively to ACDI/VOCA; and (b) performing any other obligation under this Purchase Order; (iii) it will not enter into any

such agreement, or execute any documents, which will create a conflict of interest or which will prevent it from freely performing any

obligation under this Purchase Order; and (iv) it will not knowingly incorporate confidential information of any person or entity not a


party to this Purchase Order into any materials furnished to ACDI/VOCA without prior written notice to ACDI/VOCA. Vendor

further represents and warrants to ACDI/VOCA as follows: (i) no kickback, bribe, gratuity or transfer of anything of value was

offered, agreed to, or made, nor shall be made, to or for the benefit of any employee or representative of ACDI/VOCA in return for or

in connection with the award of this Purchase Order; (ii) the Vendor has not engaged in bid-rigging or other collusive agreements or

behavior with any actual or potential competitor for this Purchase Order or any other person, which behavior could have had the effect

of lessening competition for the award of this Purchase Order or of raising the price of the Deliverables or the Services procured; and

(iii) all statements of material fact contained in any proposal, response, certification, or questionnaire submitted by Vendor or any of

its representatives in connection with the solicitation, award or negotiation of this Purchase Order were true and complete when made.

8. Compliance with Law. Vendor’s performance of work and all products to be delivered shall be in accordance with any and all

applicable regulations: executive orders, Federal, State, municipal, local and host country laws and ordinances, and rules, orders,

requirements and regulations. Such Federal laws shall include, but not be limited to, the Fair Labor Standards Act of 1938 as

amended, E.O. 11246, “Equal Opportunity,” as amended by E.O. 11375, “Amending Executive Order 11246 Relating to Equal

Employment Opportunity,” and as supplemented by regulations at 41 CFR Chapter 60, “Office of Federal Contract Compliance

Programs, Equal Employment Opportunity, Department of Labor”, the Copeland “Anti-Kickback” Act (18USC874 and 40USC276c

and 18USC874 as supplemented by Department of Labor regulations at 29CFRpart 3, the Davis-Bacon Act, as amended (40USC276a-

a7) and as supplemented by Department of Labor at 29CFRpart 5, the Contract Work Hours and Safety Standards Act (40USC327-

333), and the Byrd Anti-Lobbying Amendment (31USC1352). Unless otherwise agreed, governing law shall be that of the District of

Columbia.

9. Suspension and Termination. ACDI/VOCA shall retain the right to direct Vendor to stop work (“Suspension”) at any time. Such

direction must be in writing and shall be effective for a period of no more than 30 days after which time Vendor may continue work

absent direction to do so or a notice of termination at their own risk. Under no circumstances shall Vendor receive more than the

original value of this Purchase Order. “Termination”: ACDI/VOCA reserves the right to terminate this Purchase Order when: 1.

deemed in the best interests of its client; or 2. if the Vendor defaults in performing this Purchase Order and fails to cure the default

within 10 days after receiving a notice specifying the default. ACDI/VOCA shall be liable only for payment under the payment

provisions of this Purchase Order for services/deliverables completed and accepted before the effective date of termination. Payments

for partial deliverables shall not be made unless explicitly authorized by ACDI/VOCA in the Termination Letter. This paragraph shall

not limit any legal rights to cancel this Purchase Order without further liability for articles not accepted by ACDI/VOCA. This

Purchase Order may be terminated at any time in the event Vendor commits an act of bankruptcy, files or has filed against the petition

of bankruptcy or insolvency or suffers any receivership or other similar petition to be filed for or against it, or is subject to any

Suspension/Debarment or other action by the USG. Vendor may be liable to reimburse ACDI/VOCA should ACDI/VOCA incur any

additional costs as a direct result of such default termination.

10. Insurance & Work on ACDI/VOCA’s or ACDI/VOCA Client Premises. Contractor agrees to maintain the adequate insurance

coverage against claims arising from injuries sustained by Contractor on ACDI/VOCA’s facilities and agrees to be liable for all

damages & claims arising against ACDI/VOCA for which the Contractor is responsible. Contractor will maintain adequate insurance

coverage and shall require any lower-tier contractors to maintain, each at their own cost, appropriate insurance coverage, which shall

include:

a) Commercial general liability in the amount of USD 500,000 per occurrence;

b) Commercial automobile liability in the amount of USD 500,000 combined single limit, with respect to automobiles operated in the

performance of services;

c) Workers’ compensation as required by law;

d) Employer's liability in the amount of USD 500,000 per occurrence; and,

e) If relevant to the nature of services provided, professional liability in the amount of USD 500,000 per occurrence.

Upon request, Contractor agrees to provide ACDI/VOCA with a Certificate of Insurance as evidence that the Contractor has procured

and currently maintains the required insurance as outlined above.

11. Independent Relationship. Vendor agrees that its relationship with ACDI/VOCA is that of an independent contractor and nothing

in this Purchase Order shall be construed as creating any other relationship. As such, Vendor shall comply with all applicable laws

and assume all risks incident to its status as an independent contractor. This includes, but is not limited to: compliance with all

applicable laws, responsibility for all applicable taxes including VAT, income taxes, social security payments and other such taxes

that might occur, licenses, fees, insurance, etc. Neither the vendor nor anyone employed by it shall be, represent, act or be deemed to

be an agent, representative or employee of ACDI/VOCA.

12. Rights in Intellectual Property. Vendor acknowledges that all Deliverables and work product produced by Vendor, whether alone

or jointly with others, in connection with or pursuant to the Vendor’s performance under this Purchase Order shall be the sole and

exclusive property of ACDI/VOCA. This includes all writings, books, articles, computer programs, databases, source and object

codes, and other material of any nature whatsoever, including trademarks, trade names, and logos, that is subject to copyright


protection and reduced to tangible form in whole or in part by Vendor in the course of Vendor’s service to ACDI/VOCA shall be

considered a work made for hire, or otherwise ACDI/VOCA property. Vendor hereby assigns and agrees to assign to ACDI/VOCA all

of its respective rights, title and interest in such Deliverables and work product, including without limitation all patents and patent

rights and all applications for registration of the same, and, upon being reduced to a tangible form, all copyrights therein. To the

greatest extent permissible under U.S. copyright laws, each copyrightable element of the property and work product first produced

shall be a “work made for hire” in favor of ACDI/VOCA. For items and material of Vendor existing prior to or produced outside this

Purchase Order, and incorporated into Deliverables or work product delivered or produced pursuant to this Purchase Order, Vendor

hereby grants and agrees to grant to ACDI/VOCA an irrevocable, non-exclusive, fully transferable and sublicensable, royalty-free

license to make, use, sell, copy, publish, perform, display, and prepare derivative works from such items and material in connection

with ACDI/VOCA’s beneficial use, enjoyment and disposition of such property and work product. Vendor agrees to execute such

documents of assignment or take such other action as ACDI/VOCA may reasonably request to evidence, perfect or effect the transfer,

recordation or protection of rights assigned or licensed.

13. Rights in Data. The Vendor understands and agrees that ACDI/VOCA may itself and permit others, including government

agencies of the United States and other foreign governments, to reproduce any provided publications and materials through but not

limited to the publication, broadcast, translation, creation of other versions, quotations there from, and otherwise utilize the work and

material of this Purchase Order.

14. Indemnification. The Vendor shall indemnify, and hold harmless each of ACDI/VOCA and its directors, officers, employees and

agents from and against all claims, liabilities, losses, suits, costs, damages, and expenses, including reasonable attorneys’ fees and

litigation expenses, that ACDI/VOCA may sustain by reason of Vendor’s negligent or unlawful actions in connection with its

performance under this Purchase Order, or a breach of any of Vendor’s warranties contained herein.

15. Claims and Disputes. In the event of any dispute, a claim by the Vendor must be made in writing and submitted to the

ACDI/VOCA Vice President of Quality and Compliance for a written decision. A claim by the Vendor is subject to a written decision

by the Vice President of Contracts and Grants, who shall render a decision within 60 days of receipt of the Vendor's claim. If an

equitable resolution cannot be resolved, both Parties agree to settlement by arbitration in accordance with the regulations of the

American Arbitration Association in the District of Columbia, USA. The non-prevailing Party (as determined by the arbitrator) in the

arbitration shall pay all of the associated costs, expenses and attorney’s fees in connection with the arbitration and the cost of the

arbitrator and any accountants or advisors which the Parties agree to employ for the benefit of the arbitrator. The Subcontractor will

proceed with performance of this Purchase Order pending final resolution of any claim.

16. Changes. ACDI/VOCA may - with the consent of the Subcontractor – make changes, revisions, additions, or deletions

(collectively hereinafter called "changes") in the Subcontract scope of services. ACDI/VOCA may make unilateral changes, with

prior written notice to the Subcontractor, to this Purchase Order by written order issued by ACDI/VOCA where required in writing by

the Client. If any change causes an increase or decrease in the Subcontractor’s cost of, or the time required for, the performance of

any part of the Work, whether or not changed by any such change authorization, ACDI/VOCA shall make an equitable adjustment and

modify in writing the Subcontract as applicable. Any claim by Subcontractor for an adjustment under this paragraph must be asserted

in writing, fully supported by factual information, to ACDI/VOCA’s Prime Contracting Officer or designee within thirty (30) calendar

days from the date of receipt by Subcontractor of the written change authorization from ACDI/VOCA or within such extension of that

30-day period as ACDI/VOCA, in its sole discretion, may grant in writing at Subcontractor's request prior to expiration of said period.

The Subcontractor will not proceed with any changes unless notified to proceed in writing by the Prime Contracting Officer.

17. Certifications. Vendor certifies by acceptance of this agreement that (i) neither it nor its principals is presently debarred,

suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any U.S.

Federal Government department of agency; (ii) neither it nor its principals have been convicted of a narcotics offense or have been

engaged in drug trafficking as defined in 22 CFR Part 140; (iii) neither it nor its principals are designated affiliates as “specially

designated nationals” by the Office of Foreign Asset Control of the U.S. Department of Treasury or UN Security Council Committee

1267 sanctions list; (iv) neither it nor its principals have been indicted or convicted on charges of terrorism or of providing support to

terrorists; (v) Vendor agrees and certifies to take all necessary actions to comply with Executive Order No. 13244 on Terrorist

Financing; blocking and prohibiting transactions with persons who commit, threaten to commit, or support terrorism. Note: Vendor is

required to obtain the updated lists at the time of procurement of goods or services. The updated lists are available at: www.sam.gov;

http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx; and

http://www.un.org/sc/committees/1267/aq_sanctions_list.shtml; (vi) neither it nor its principals have been indicted or convicted for

violating the Trafficking in Persons Policy; (vii) Vendor may not charge under this Purchase Order any item which has a source/origin

from any restricted countries or prohibited sources, as designated by the U.S. State Department. Further, ACDI/VOCA shall not issue

purchase orders to entities with a source or nationality of: Cuba, Iran, Libya, North Korea and Syria; and (viii) Vendor warrants that

no offer, payment, consideration, or benefit of any kind, which constitutes an illegal or corrupt practice, has been made or shall be

made, either directly or indirectly, as an inducement or reward for the award of this Purchase Order. Any such practice will be grounds

for terminating or rescinding the award of this Purchase Order, in addition to any other remedies that may be available to

ACDI/VOCA in such event. Violation of any of these certifications is considered a material defect and will lead to the termination of

this Purchase Order.


http://www.sam.gov/

http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx

18. Severability. If any provision of this Purchase Order is held to be invalid or unenforceable for any reason, the remaining provisions

may continue in full force at the discretion of ACDI/VOCA without being impaired or invalidated in any way. The invalid provision

will be replaced with a valid provision which most closely approximates the intent and economic effect of the invalid provision.

19. Order of Precedence. The rights and obligations of both Parties shall be subject to and governed by the following documents in

order listed: (a) the cover page of this Purchase Order; (b) the Business Terms and Conditions of this Purchase Order; (c) any

Attachments to this Purchase Order; (d) the Client award noted at Block 9; (e) the Federal Terms and Conditions of this Purchase

Order. Any conflict occurring among these documents will be resolved in the stated order of precedence.

20. Compliance with Foreign Corrupt Practices Act. By accepting and implementing the terms of this agreement with ACDI/VOCA

the awardee and/or contractor certifies that neither it, nor any of its affiliates, partners, owners, officers, directors, employees, and

agents have paid, offered, promised to pay or authorized payment of, and will not pay, offer, promise to pay, or authorize payment of,

directly or indirectly, any monies or anything of value to any government official, government employee, political party, or candidate

for political office for the purpose of influencing any act or decision of such person or of the government for the benefit of

ACDI/VOCA or the programs it implements. Further, the awardee and/or contractor agrees to report any suspected improper payment

or activity to the ACDI/VOCA Chief of Party or through the ACDI/VOCA Ethics Hotline

https://secure.ethicspoint.com/domain/media/en/gui/26304/index.html

THE FOLLOWING CLAUSE APPLIES ONLY TO PURCHASE ORDERS IN WHICH WORK WILL BE PERFORMED IN

WHOLE OR PART IN THE U.S.

21. Anti-discrimination. Veterans Rule: "This contractor and subcontractor shall abide by the requirements of 41 CFR 60-300.5(a).

This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime

contractors and subcontractors to employ and advance in employment qualified protected veterans."

Disability Rule: "This contractor and subcontractor shall abide by the requirements of 41 CFR 60-741.5(a). This regulation prohibits

discrimination against qualified individuals on the basis of disability, and requires affirmative action by covered prime contractors and

subcontractors to employ and advance in employment qualified individuals with disabilities."

THIS CLAUSE APPLIES TO PURCHASE ORDERS THAT EXCEED $150,000

22. Access to Records. If this Purchase Order is a negotiated Purchase Order, ACDI/VOCA, US government donor agency, the

Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any records of the

contractor which are directly pertinent to this Purchase Order for the purpose of an audit or examination.


https://secure.ethicspoint.com/domain/media/en/gui/26304/index.html

*The following tables of Terms & Conditions Apply to Purchase Orders under U.S. Government Prime Contracts Only*

FEDERAL TERMS AND CONDITIONS

This agreement is issued under a U.S. Government Prime Contract. Applicable clauses set forth below are incorporated by reference

into this agreement with the same force and effect as if they were set forth in full. A full copy of each clause may be obtained from

the ACDI/VOCA Compliance Department. The term FAR means Federal Acquisition Regulation, effective as of January 1, 2014.

The terms, "Contractor," "Government" and "Contracting Officer" as used in these clauses shall refer to the Vendor, ACDI/VOCA,

and the ACDI/VOCA Compliance Administrator, respectively. This agreement is between Vendor and ACDI/VOCA only and shall

not be construed in any way to create a contractual relationship between Vendor and the U.S. Government. The Vendor shall not

appeal directly to the U.S. Government without the written consent/concurrence of the ACDI/VOCA Contract Administrator.

THESE CLAUSES AND STANDARD BUSINESS TERMS AND CONDITIONS APPLY TO ALL CONTRACTS

CLAUSE TITLE

Definitions

Restriction on Subcontractor Sales to the

Government

Anti-Kickback Procedures 52.203-7

Taxpayer Identification

Data Universal Numbering System (DUNS)

Annual Representations & Certifications

Protecting Government’s Interest When

Subcontracting with Contracts Debarred,

Suspended or Proposed for Debarment

Material Requirements

Liquidated Damages (1% of Contract Value/Day)

Terms and Conditions – Simplified Acquisition

(Other Than Commercial Items)

Order of Precedence

Convict Labor (U.S. POs only)

Child Labor- Cooperation With Authorities and

Remedies

Walsh-Healy Act

Prohibition of Segregated Facilities

Affirmative Action Compliance Equal Opportunity

Equal Opportunity for Special Disabled Veterans and

Veterans of the Vietnam Era and Other Eligible

Veterans

(for POs over $100,000 only)

Affirmative Action for Workers With Disabilities

Employment Reports on Disabled Veterans and

Veterans

of the Vietnam Era

FAR CITE

52.202-1

52.203-6

52.203-

52.204-3

52-204-6

52.204-8

52.209-6

52.211-5

52.211-11

52.213-4

52.215-8

52.222-3

52.222-19

52.222-20

52.222-21

52.222-25

52.222-26

52.222-35

52.222-36

52.222-37

CLAUSE TITLE

Combatting Trafficking in Persons

Privacy Act Notification

Restrictions on Certain Foreign Purchases

Patent Rights – Acquisition by the

Government

Rights in Data – Special Works

Payments Under Time & Materials/Labor

Hour Contracts

Disputes, Alternate I

Restrictions on Severance Payments to Foreign

Nationals

Stop Work Order, Alternate I

Government Delay of Work

Changes-Fixed Price

Subcontracts

Inspection of Supplies – Fixed Price

Contractor Liability for Personal Injury and/or

Property Damage (applies only to POs for

transportation services)

Contract Not Affected By Oral Agreement

Preference for U.S.-Flag Air Carriers

Preference for Privately Owned U.S.-Flag

Commercial Vessels

Termination For Convenience of the

Government (Fixed Price)

Termination (Cost Reimbursement) (for any

cost reimbursable elements

FAR

CITE

52.222.5

0

52.224-1

52.225-

13

52.227-

13

52.227-

17

52.232-7

52.233-1

52.237-8

52.242-

15

52.242-

17

52.243-1

52.244-2

52.246-2

52.247-

21

52.247-

27

52.247-

63

52.247-

64

52.249-2

52.249-6

THESE CLAUSES APPLY TO CONTRACTS FOR SERVICES


CLAUSE TITLE

Service Contract Act

Changes – Fixed Price Services, Alternate II

Changes – Time & Materials/Labor Hours

FAR

CITE

52.222-

41

52.243-1

52.243-3

CLAUSE TITLE

Inspection of Services – Fixed Price

Inspection – Time & Materials/Labor Hours

HBCU and Minority Institution Representations

FAR

CITE

52.246-4

52.246-6

52.226-2

THESE FAR CLAUSES APPLY TO CONTRACTS $150,000 AND ABOVE

CLAUSE TITLE

Certificate of Independent Price Determination

Gratuities

Cancellation, Rescission, and Recovery of Funds for

Illegal or Improper Activities

Price or Fee Adjustment for Illegal or Improper

Activity

Certification and Disclosure Regarding Payment to

Influence Certain Federal Transactions

Limitation on Payments to Influence Certain Federal

Transactions

Printed or Copied Double-Sided on Recycled Paper

Certification Regarding Debarment, Suspension,

Proposed

Debarment, and Other Responsibility Matters

Responsibility Matters

Updates of Information Regarding Responsibility

Matters

Audit and Records – Negotiation

Integrity of Unit Prices

Price Re-determination – Retroactive

FAR

CITE

52.203-2

52.203-3

52.203-8

52.203-

10

52.203-

11

52.203-

12

52.204-4

52.209-5

52.209-7

52.209-9

52.215-2

52.215-

14

52.216-6

CLAUSE TITLE

Payment for Overtime Premiums

Drug-Free Workplace

Authorization and Consent

Notice and Assistance Regarding Patent &

Copyright Infringement

Federal, State, and Local Taxes

Federal, State, and Local Taxes

Interest

Stop-Work Order

Competition in Subcontracting

Contractor Inspection Requirements

Limitation of Liability

Limitation of Liability – Services

Termination of Convenience for the Government

(Fixed Price-SF)

Default (Fixed-Price Supply and Service)

FAR

CITE

52.222-2

52.223-6

52.227-1

52.227-2

52.229-3

52.229-6

52.232-

17

52.242-

15

52.244-5

52.246-1

52.246-

23

52.246-

25

52.249-1

52.249-8

THESE CLAUSES APPLY TO USAID CONTRACTS

CLAUSE TITLE

Organizational Conflicts of Interest After Award

Language and Measurement

Source, Origin and Nationality (See AAPD 12-03)

Local Procurement

Insurance – Liability to Third Persons

Salary Supplements for Host Government

Employees

Government Property – USAID Reporting

Requirements Title To and Care of Property

AIDAR

CITE

752.209-71

752.211-70

752.225-70

752.225-71

752.228-07

752.231-71

752.245-70

752.245-71

CLAUSE TITLE

Marking

Family Planning and Population Assistance

Activities

Health and Accident Insurance for AID

Participant Trainees

Conflicts Between Contract and Catalog

Required Visa Form for AID Participants

Approvals

Personnel

Acknowledgement and Disclaimer

Public Notces

AIDAR

CITE

752.7009

752.7016

752.7018

752.7022

752.7023

752.7025

752,7027

752.7034

752.7035


Specific Construction Clauses:

ARTICLE 1

1.1 Definitions:

In these General Conditions of the Contract the following words and expressions shall have the meanings hereby assigned to

them:

(a) “Bill of Quantities” means the prices and completed bill of quantities forming part of the Contractor’s Proposal.

(b) “Client” means the ACDI/VOCA.

(c) “Company” means ACDI/VOCA

(c) “Contract” means the Agreement Entered into by Company and the Contractor.

(d) “Contract Documents” means the Contract in its entirety including all Annexes and Attachments as defined in

Article 1.1 of the Specific Terms of Contract.

(e) “Contract Sum” means the sum stated in the Contract as payable to the Contractor for the execution and completion

of the Contract Works and remedying any defects therein.

(f) “Contract Works” means the works as described in the Contract.

(g) “Contractor” means the person whose offer has been accepted by the Company and the legal successor in title to such

person, but not (except with the express consent of the Company) any assignee of such person.

(h) “Contractor’s Equipment” means all appliances and things of whatsoever nature (other than temporary works)

required for the execution and completion of the Contract Works and remedying of any defects therein, but does not

include Plant, materials or other items intended to for or forming part of the Contract Works.

(i) “Contractor’s Proposal” means the Contractor’s priced offer to Company for the execution and completion of the

Contract Works and the remedying of any defects therein in accordance with the provisions of the Contract, as accepted by

the Company.

(j) “Contractor’s Time for Completion” means the time for completion of the Contract Works or any section thereof as

stated in the Contract, calculated from the Contract Commencement Date.

(k) “Day(s)” means calendar days unless otherwise stated in the specific Article or provision of the Contract.

(l) “Drawings” means all drawings, calculations and technical information of a like nature under the Contract.

(m) “Engineer” means the Company appointed engineer.

(n) “General Conditions” Means these General Conditions of the Contract.

(o) “Prime Agreement” means the Agreement entered into between Company and the Client.

(p) “Specifications” means the specifications of the Contract Works and any modification thereto made pursuant to the

terms of the Contract.

(q) “Works” means the construction of the structure and supply and installation of any and all equipment and materials

as required under the Specifications, Drawings or other terms and conditions of this Contract.

1.2 Headings and Marginal Notes:

The headings and marginal notes in these General Conditions shall not be deemed part thereof or be taken into consideration in

the interpretation or construction thereof or of the General Conditions.

1.3 Interpretation:

Words importing persons or parties in the General Conditions shall include firms and corporations and any organization having

legal capacity.

1.4 Singular and Plural:

Words importing the singular only also include the plural and vice versa where the context requires.

1.5 Notices, Consents, Approvals, Certificates, Confirmations and Determinations:

Notices required under the Contract shall be made and submitted in accordance with the terms of the Specific Terms of the

Contract.

2.1 Instructions under Contract:

The Contractor shall take instruction only from the Company.

2.2 Warranty

The Contractor warrants to the Company that all materials and equipment furnished under this Contract will be new unless

otherwise specified, and that all Works will be of good quality, free from faults and defects and in strict conformance with the

Contract Documents. Work not conforming to these requirements shall be corrected in accordance with the terms of this

Contract. All Work not conforming to these requirements, including substitutions not properly approved and authorized by the


Company may be considered defective. If required by the Company, the Contractor shall furnish satisfactory evidence as to the

kind and quality of materials and equipment.

2.3 Specifications and Drawings for Construction

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the

Company access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings

and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between

drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the

specifications, the matter shall be promptly submitted to the Company, who shall promptly make a determination in writing.

Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Company shall furnish

from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.

(b) Wherever in the specifications or upon the drawings the words “directed,” “required,” “ordered,” “designated,”

“prescribed,” or words of like import are used, it shall be understood that the “direction,” “requirement,” “order,”

“designation,” or “prescription,” of the Company is intended and similarly the words “approved,” “acceptable,” “satisfactory,”

or words of like import shall mean “approved by,” or “acceptable to,” or “satisfactory to” the Company, unless otherwise

expressly stated.

(c) Where “as shown,” “as indicated,” “as detailed,” or words of similar import are used, it shall be understood that the

reference is made to the drawings accompanying this contract unless stated otherwise. The word “provided” as used herein shall

be understood to mean “provide complete in place,” that is “furnished and installed.”

(e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy,

completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such

coordination and review. Shop drawings submitted to the Company without evidence of the Contractor’s approval may be

returned for resubmission. The Company will indicate an approval or disapproval of the shop drawings and if not approved as

submitted shall indicate the Company’s reasons therefore. Any work done before such approval shall be at the Contractor’s

risk. Approval by the Company shall not relieve the Contractor from responsibility for any errors or omissions in such

drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations

described and approved in accordance with (f) of this clause.

(f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing,

separate from the drawings, at the time of submission. If the Company approves any such variation, the Company shall issue an

appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of

performance, a modification need not be issued.

(g) The Contractor shall submit to the Company for approval four copies (unless otherwise indicated) of all shop drawings as

called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will

be retained by ACDI/VOCA and one set will be returned to the Contractor.

2.4 Site Investigation and Conditions Affecting the Works:

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work,

and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost,

including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the

availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical

conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities

needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the

character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is

reasonably ascertainable from an inspection of the site as well as from the drawings and specifications made a part of this

contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the

Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for

proceeding to successfully perform the work without additional expense to the Government.

(b) The Company assumes no responsibility for any conclusions or interpretations made by the Contractor based on the

information made available by it. Nor does The Company assume responsibility for any understanding reached or

representation made concerning conditions which can affect the work by any of its officers or agents before the execution of

this contract, unless that understanding or representation is expressly stated in this contract.

(c) The Contractors shall notify the Company in writing if it finds any errors or omissions in the plans and/or drawings within

five (5) days of discovering such an error or omission.

2.5 Differing Site Conditions:

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Company of-

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily

encountered and generally recognized as inhering in work of the character provided for in the contract.


(b) The Company shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so

differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the work

under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause

and the contract modified in writing accordingly.

(c) Requests by the Contractor for equitable adjustments to the contract under this clause may be rejected by the Company, if

the Contractor fails to give the written notice required; provided, that the time prescribed in paragraph (a) of this clause for

giving written notice may be extended by the Company.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if

made after final payment under this contract.

2.6 Possession of the Site

The Company shall give possession of all parts of the Site to the Contractor. If possession of part of the Site is not given by the

Date of Commencement or another date agreed to by the Parties, the Company shall be deemed to have delayed the start of the

relevant activities and a Change Order may be issued if appropriate.

2.7 Availability of and Access to the Site:

The Contractor shall permit the Company and/or the Client, and any person authorized by either of them to have reasonable

access, during working hours, to the Contract Works and to the places on the Site where any works or materials thereof are

being executed, prepared or stored.

3.1 Commencement of the Contract Works and Time for Completion:

The Contractor shall commence the Contract works upon issuance of the Contract or as stated in the Specific Conditions of the

Purchase Order Thereafter the Contractor shall proceed with the Contract Works with due expedition and without delay,

except as may be expressly sanctioned or instructed by the Company. The Contract Works and, if applicable, any Section

required to be completed within a particular time, shall be completed with the time as stated in the Contract.

3.2 Preconstruction Conference:

If the Company decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to

attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the

conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

4.1 Payment

4.1. Payment Amounts

Payment shall be made to the Contractor in the amount stated in the accepted proper Application for payment, and in

accordance with the Performance and Payment Schedule in attachment A, less any relevant deductions made in accordance

with the terms of this Contract or applicable law.

4.1.3 Official Tax Invoices

If required under the local law, the Contractor shall issue official tax invoices for the services rendered under the contract

5.1 Contractor’s General Obligations:

Contractor shall, with due care and diligence, design (to the extent provided for in the Contract), execute and complete the

Contract Works and remedy any defects therein in accordance with the provisions of the Contract. The Contractor shall

provide all superintendence, labor and materials, Plant, Contractor’s equipment and all other items, whether of a temporary or

permanent nature, required in and for such design, execution, completion and remedying of any defects, so far as the necessity

for providing the same is specified in or is reasonably inferred from the Contract.

The Contractor shall give prompt notice to ACDI/VOCA of any error, omission, fault or other defect in the design of or

specification for the Contract Works which he/she discovers when reviewing the Contract or in executing the Contract Works.

5.2 Contractor’s Knowledge of Client Requirements, Rules and Regulations:

The Contractor shall be deemed to have full knowledge of the requirements, rules and regulations of the Client.

5.3 Superintendence by the Contractor

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly

superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to ACDI/VOCA and

has authority to act for the Contractor.

5.4 Disruption in Progress:

The Contractor shall give notice to the Company, whenever planning or execution of the Contract Works is likely to be delayed

or disrupted. The notice shall include details of the drawing or instruction required and the reason the delay occurred.


5.5 Material and Workmanship

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most

suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications

to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing

a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment,

material, article, or process that, in the judgment of the Company, is equal to that named in the specifications, unless otherwise

specifically provided in this contract.

(b) All work under this contract shall be performed in a skillful and workmanlike manner. The Company may require, in

writing, that the Contractor removes from the work any employee the Company deems incompetent, careless, or otherwise

objectionable.

5.6 Permits and Responsibilities

The Contractor shall, without additional expense to ACDI/VOCA, be responsible for obtaining any necessary licenses and

permits, and for complying with any of Liberia laws, codes, and regulations applicable to the performance of the work. The

Contractor shall also be responsible for all damages to persons or property that occurs as a result of the Contractor’s fault or

negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and

acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

5.7 Contractor’s Use of Temporary Works:

Unless otherwise stated in the Contract, the Company shall not be required to provide or retain any Temporary Works for the

Contractor.

5.8 Site Operations and Methods of Construction:

The Contractor shall take full responsibility for the adequacy, stability and safety of all Site operations and methods of

construction. Where the Contract expressly provides that part of the Permanent Works shall be designed by the Contractor,

he/she shall be fully responsible for that part of such Works, notwithstanding any approval by the Engineer.

5.9 Safety, Security and Protection of the Environment:

The Contractor shall, throughout the execution and completion of the Contract Works and the remedying of any defects therein:

a. have full regard for the safety of all persons entitled to be upon the Site and keep the Site (so far as the same is under his

control) and the Works in an orderly state appropriate to the avoidance of danger to such persons, and

b. provide and maintain at his own cost all lights, guards, fencing, warning signs and surveillance, when and where necessary or

required by the Engineer or by any duly constituted authority, for the protection of the Works or for the safety and convenience

of the public or others, and

c. take all reasonable steps to protect the environment on and off the Site and to avoid damage or nuisance to persons or to

property of the public or others resulting from pollution, noise or other causes arising as a consequence of his methods of

operation. The Contractor shall repair any damage to those facilities, including those that are the property of a third party,

resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the

work. If the Contractor fails or refuses to repair the damage promptly, the Company may have the necessary work performed

and charge the cost to the Contractor.

5.10 Accident Prevention:

(a) The Contractor shall provide and maintain work environments and procedures which will—

(1) Safeguard the public and private, property, materials, supplies, and equipment exposed to Contractor operations and

activities;

(2) Avoid delays in project completion dates; and

(3) Control costs in the performance of this contract.

(4) Provide appropriate safety barricades, signs, and signal lights;

(5) Comply with the standards issued by the Government of Liberia; and

(6) Ensure that any additional measures Company determines to be reasonably necessary for the purposes are taken.

(b) Whenever the Company becomes aware of any noncompliance with these requirements or any condition which poses a

serious or imminent danger to the health or safety of the public, the Company shall notify the Contractor orally, with written

confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the

Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is

required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to

promptly take corrective action, the Company may issue an order stopping all or part of the work until satisfactory corrective

action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the

performance schedule on any stop work order issued under this clause.


(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties,

in subcontracts.

5.11 Cleaning Up:

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials.

Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding,

equipment, and materials that are not the property of the Company. Upon completing the work, the Contractor shall leave the

work area in a clean, neat, and orderly condition satisfactory the Company.

6.1 Technical Supervision by the Company

The Company may assign an Engineer to supervise the Works by the Contractor to conduct the following supervisory activities:

a) Undertake the environmental monitoring and control in order to comply with the local law and the conditions of this

Contract.

b) Require the implementation of health, hygiene and safety measures in accordance with the terms of this Contract.

c) Study and interpret the plans and specifications technically in order to ensure their correct interpretation by the

CONTRACTOR.

d) Ensure that the CONTRACTOR provides the technical documentation necessary to process the bills and certificates

of payment.

e) Where necessary and appropriate, propose modifications to the technical characteristics, design or details of the

project, and provide formulating the appropriate technical and economic justifications in a Change Order or Contract

Modification for the knowledge and consideration of the CONTRACTING PARTY in order to receive their approval.

f) Approve the Applications for Payment.

Technical supervision by the Company does not relieve the Contractor of its responsibilities in conducting the works in

accordance with all specifications, terms and conditions of this Contract.

6.2 Inspection and Quality of Materials: All materials that will be used in the construction must comply strictly with the pertinent

Technical Specifications and shall be subject to the inspection, examination and testing by the Company, at any moment and in

the site of production and/or in their utilization in the Works, before their incorporation in the aforementioned.

6.3 Identifying Defects:

The Company may examine the Contractor’s work and notify the Contractor of any Defects that are found. Such examinations

shall not affect the Contractor’s responsibilities. The Company may instruct the Contractor to search for a Defect and to uncover

and test any work that the Project Manager considers may have a Defect.

6.4 Tests

If the Company instructs the Contractor to carry out a test not specified in the Specification to check whether any work has a

Defect and the test shows that it does, the Contractor shall pay for the test and any samples. If there is no Defect, the cost of the

test shall be compensated by the Company, with the valuation of the cost, if it is not established through an invoice with a third

party, shall be conducted in accordance with the valuation methodology for a variation/change work order as prescribed in

Article 10.1.3.

6.5 Correction of Defects

6.5.1 Correction of Defects

The Contractor shall promptly correct all Work rejected by the Engineer or known by the Contractor to be defective or failing

to conform to the Contract Documents, whether observed before or after Completion of the Works, but prior to the end of the

Defects Liability Period and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting

such rejected Work, including compensation for the Engineer's additional services made necessary thereby.

6.5.2 Defect Correction Period

Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the

Company’s notice. Unless otherwise noted in the notification of Defect, the Contractor shall commence correction work within

seven (7) days of receipt of written notice to correct such defect.

7.1 Defects Liability Period:

In these Conditions the expression "Defects Liability Period” shall mean the Defects Liability Period defined as follows: the

defects liability period for this contract will be 1 year from the Engineer’s certification of completion of provisional Handover

of the works (a) Completion of Outstanding Work and Remedying Defects: To the intent that the Contract Works shall, at or as

soon as practicable after the expiration of the Defects Liability Period, be delivered to the Company in the condition required by

the Contract, fair wear and tear excepted to the satisfaction of the Engineer, the Contractor shall:


i. complete the work, if any, outstanding as soon as practicable after receipt of notice of the defect, and

ii. execute all such work of amendment, reconstruction, and remedying defects, shrinkages or other faults, during the

Defects Liability Period or within 14 days after its expiration, unless otherwise stated in the notice of defect issued by the

Company.

(b) The Company may extend the Defects Liability Period for as long as Defects remain to be corrected.

(c) Cost of Remedying Defects: All works required for remedying any and all defects shall be executed by the

contractor at his/her own cost.

7.2 Uncorrected Defects

If the Contractor has not corrected a defect within the time specified in the Project Manager’s notice, the Company may assess

the cost of having the Defect corrected, and if requested by the Company, the Contractor shall pay such amount.

7.3 No Effect on Other Obligations

Nothing contained in Articles 6 and 7 of these General Conditions of Contract shall be construed to establish a period of

limitation with respect to any other obligation which the Contractor might have under this Contract, including Article 2.2,

“Warranty”, hereof. The establishment of Defects Liability Period or such longer period of time as may be prescribed by law or

by terms of any warranty required by the Contract Documents relates only to the specific obligation of the Contractor to correct

the Work, and has no relationship to the time within which his obligation to comply with the Contract Documents may be

sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with

respect to his obligations, other than specifically to correct the Work.

8.1 Provisional and Final Handover and Approval of the Works

8.1.1 Construction Handover Committee

The Handover Committee is responsible for carrying out the provisional and/or definitive handover of the contracted

construction and shall indicate its conformity after having verified the compliance with the specifications, terms and conditions

of the contract.

8.1.2 Committee Members

The Construction Handover Committee members shall be designated by ACDI/VOCA only.

8.1.3 Provisional Handover

The Provisional Handover shall occur after the final cleaning of the construction site by the Contractor, upon completion of the

construction works. The Provisional handover shall be initiated once the Company receives notice from the Contractor that the

Works are completed and the site is ready for inspection by the Construction Handover Committee. The Provisional Handover

shall be recorded in writing in a Certification of Provisional Handover which states all of the defects, anomalies and

imperfections that can be verified by the Construction Handover Committee, along with instruction for their correction by the

contractor, and signed by the members of the Construction Handover Committee.

8.1.3 Final Handover

The date for the final review shall be coordinated between the Company and the Contractor and shall take place at the

conclusion of the Defects Liability Period and after the correction of any defects identified therein the Construction Handover

Committee shall conduct a final review of the Works. The Contractor shall submit to the Company a letter indicating that the

flaws and defects identified in the Provisional Handover have been addressed and repaired at least five (5) workdays prior to

the final review. The Construction Handover Committee shall conduct its final inspection through a site visit and technical

inspection of the Works, and if no negative observations are made, shall draw up and sign the Certification of final handover.

No other approval or certification may serve as proof that the Contract has been completely executed.

If defects are observed during the final inspection, the Final Handover shall not proceed until the Works are satisfactorily

concluded.

8.1.4 Delays

The period from the latter of the date of the final review or end of the Defects Liability Period through the satisfactory

completion of the correction works identified in the final review and the issuance of the Final Handover shall be considered a

delay in accordance with Article 3.6 of the Specific Terms of Contract.

9.1 Assignment of Contractor Obligations:

In the event of a Subcontractor, having undertaken works under the Contract, has any continuing obligation extending for a

period exceeding that of the Defects Liability Period under the Contract, the Contractor shall at any time, after the expiration of

such Period, assign to the Company, at the Company’s request and cost, the benefit of such obligation for the un-expired

duration thereof.


10.1 Change Orders

A Change Order is a written order to the Contractor signed by the Company issued after execution of the Contract, authorizing

a change in the Works or an adjustment in the Contract Sum or Contract Time. The Contract Sum and the Contract Time may

be changed only by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the

adjustment in the Contract Sum or the Contract Time.

10.1.1Variations of Contract Works:

The Contractor shall only make such variation of the Contract works, whether by way of alteration, addition, or omission, as

may be instructed by the Company. Unilateral variations may only be issued by ACDI/VOCA up to 25% of the total value of

the Contract. Variations leading to an alteration of the original Contract value by more than 25% shall require mutual consent

of both parties.

10.1.2 Issuance of Change Orders:

The Contractor cannot implement any change in the “Works” without the written approval of the Company.

The Company may unilaterally, and through the issuance of a Change Order:

(a) Increase or decrease quantities of Works to be executed.

(b) Add or omit parts of the Works.

(c) Change the character and quality of the Works.

(d) Request the execution of additional work.

(e) Change the sequence and planning of construction.

Variations shall be for exceptional circumstances and not for the adjustment of quantities. Such Variations may be made in

order assure that the Works comply with the intended purpose.

10.1.3 Assessment of Value of Variations:

The Value of variations may be ascertained by Company by one of the following methods:

(a) by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit

evaluations;

(b) by unit prices stated in the Contract Documents or subsequently agreed upon;

(c) by cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed, percentage fee, not to

exceed three (3) percent; or

(d) if none of the methods set forth above is agreed upon, the Contractor, provided he/she receives a written order signed by

the Company, shall promptly proceed with the Works involved. The cost of such works shall then be determined by the

Company on the basis of the reasonable expenditures and savings of those performing the Works attributable to the change,

including, in the case of an increase in the Contract Sum an increase of support costs and profit of no more than three (3)

percent. Contractor's support costs may include costs of superintendence, bond, office and clerical costs and other general

expenses. In such case, and also under paragraph (c), above, the Contractor shall keep and present, in such form as the

Company may prescribe, an itemized accounting together with appropriate supporting data for inclusion in a Change

Order. Unless otherwise provided in the Contract Documents, costs shall be limited to the following: cost of materials,

including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and

fringe benefits required by agreement or custom; worker's or workmen's compensation insurance; bond premiums; rental

value of equipment and machinery. Any additional costs of supervision and field office personnel directly attributable to

the change shall be covered by the profit margin pending final determination of cost by the Company. The amount of credit

to be allowed by the Contractor to the Owner for any deletion or change which results in a net decrease in the Contract

Sum will be the amount of the actual net cost as confirmed by the Company. When both additions and credits covering

related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the

basis of the net increase, if any, with respect to that change.

10.1.4 Delays in Notice by Contractor

The Company shall not be responsible for any costs resulting from delay in notice by the Contractor of a required change in the

Work.

10.1.5 Contractor Request for Time Extension

Request for time extension on a Change Order will be considered only if appropriate back-up material is submitted and

supporting evidence to show that such a claim is justified and that the Works effect the actual progress of the job.

10.2 Minor Changes in the Works

The Company shall have authority to order minor changes in the Work consistent with the intent of the Contract Documents not

involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the

Contract Documents and not affecting the quality of the Work. Such changes shall be effected by written order to the

Contractor and the Company and shall be binding on the Company and the Contractor. The Contractor shall carry out such

written orders promptly.


11.1 Possible Effects of Subcontractor’s Breaches of Contract:

If the Contractor commits any breaches of Contract, he/she shall indemnify the Company against damages which the Company

becomes liable under the Prime Agreement as a result of such breaches. In such event, the Company may, without prejudice to

any other method of recovery, deduct such damages from monies otherwise becoming due to the Contractor.

12.1 Termination by the Contractor

12.1.1 Ordered Work Stoppage

If the Work is stopped for a period of thirty (30) days under an order of any court or other public authority having jurisdiction,

or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no

act or fault of the Contractor or Sub Contractor or their agents or employees or any other persons performing any of the Works

under a Contract with the Contractor, or if the Company fails to make payment within sixty (60) days of receipt of a proper

Application for Payment, then the Contractor may, upon seven (7) additional days submit written notice to the Company,

terminate the Contract and recover from the Company payment for all Work executed and for any proven loss sustained upon

any materials, equipment, tools, construction equipment and machinery, including reasonable profit and damages, assuming

that these goods were not prematurely ordered and properly stored. The Contractor shall have a duty to mitigate his damages.

12.2 Termination by the Company

12.2.1 Termination for Convenience

12.2.1.1 The Company may for any reason whatsoever terminates performance under this Contract by the Contractor for convenience.

The Company shall give written notice of such termination to the Contractor specifying when termination becomes effective.

12.2.1.2 The Contractor shall incur no further obligations in connection with the Works and the Contractor shall stop Works when

such termination becomes effective. The Contractor shall settle the liabilities and claims arising out of the termination of

subcontracts and orders. The Company may direct the Contractor to assign the Company's right, title and interest under

terminated orders or subcontracts to the Company or its designee.

12.2.1.3 The Contractor shall transfer title and deliver to the Company such completed or partially completed Works and materials,

equipment, parts, fixtures, information and Contract rights as the Contractor has.

12.2.1.4

(a) The Contractor shall submit a termination claim to the Company specifying the amounts due because of the termination for

convenience together with the costs, pricing or other data required by the Company. If the Contractor fails to file a termination

claim within three (3) months from the effective date of termination, the Company shall pay the Contractor, an amount derived

in accordance with sub-paragraph (c) below.

(b) Absent agreement to the amount due to the Contractor, the Company shall pay the Contractor the following amounts:

(i)Contract prices for labor, materials, equipment and other services accepted under the Contract;

(ii) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the Work, and in

terminating the Contractor's performance, plus a fair and reasonable allowance for overhead not to exceed the amount of

seven percent (7%) of the Contractor's direct costs, and a reasonable allowance for profit in the amount of three percent

(3%) of the Contractor's direct costs (such profit shall not include anticipated profit or consequential damages); and

profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it

appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have

been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the

anticipated rate of loss, if any;

(iii) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or order pursuant to

Subparagraph 12.2.1.2 of this Paragraph. These costs shall not include amounts paid in accordance with other provisions

hereof. The total sum to be paid by the Contractor under this Subparagraph 12.2.1 shall not exceed the total Contract

Sum, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication

of payment.

12.2.2 TERMINATION FOR CAUSE

12.2.2.1 Upon the occurrence of the following:

(a) The Contractor is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is

appointed on account of his insolvency.

(b) The Contractor persistently or repeatedly refuses or fails to prosecute the Works in a timely manner.

(c) The Contractor persistently or repeatedly refuses or fails to supply enough properly skilled workmen, supervisory personnel

or proper equipment or materials.

(d) The Contractor fails to make prompt payment to a Sub Contractor or for materials or labor.

(e) The Contractor persistently disregards laws, ordinances, rules, regulations or orders of any public authority having

jurisdiction, or otherwise is guilty of a violation of a provision of the Contract Documents.

The Company may, without prejudice to any right or remedy and after giving the Contractor and his surety seven (7) days

written notice, terminate the employment of the Contractor and take possession of the site and of materials, equipment, tools,

construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method he may

deem expedient. In such case, the Contractor is not entitled to receive any further payment until the Work is finished.


12.2.2.2 If the unpaid balance of the Contract Sum exceeds the cost of finishing the Work, including compensation for the Engineer's

additional services made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid

balance, the Contractor shall pay the difference to the Company. This obligation for payment shall survive the termination of

this Contract.

12.2.2.3 In the event the employment of the Contractor is terminated by the Company for cause pursuant to Subparagraph 12.2.2. and

it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination

shall thereupon be deemed a Termination for Convenience under subparagraph 12.2.1 and the provision of Subparagraph14.2.1

shall apply.

13.1 The Company not Liable for Damage:

Neither the Company nor the Client shall not at any time be liable, for the loss of or damage to any of the said Contractor's

Equipment, Temporary Works or materials.

14.1 No Privity of Contract:

Nothing herein shall be construed as creating any privity of contract between the Contractor and Client.

14.2 Legal Effects of the Approval and Decisions of Client

The contracting parties understand that the Company has reserved certain rights for the Client that may include the right to

approve the stipulations of this Contract, the Contractor and some or all of the plans, reports, specifications, sub-contracts,

bidding documents, plans or other documents related to this contract and the project of which it forms a part. In addition, the

contracting parties understand and agree that the Client, by reserving some or all of the aforementioned rights of approval is

acting exclusively as the financing entity to ensure that the funds of the Government of the United States are properly used and

that all decisions made by the Client to exercise or not to exercise these approval rights are made using financial considerations

in the course of operations of financing this project, and shall not be interpreted to be a contracting party. The contracting

parties understand and agree that the actions of the Client in periodically exercising the rights of approval mentioned above, or

participating in matters relating to said rights does not imply any obligation or responsibility on the part of the Client in relation

to either of the contracting parties. All approval (or lack of approval) on the part of the Client shall not impede the Company or

the Client from exerting any of their rights, nor does it exempt the Contractor from any obligation that it has assumed in relation

to the Company or the Client.

15.1 Anti Corruption

No offer, payment, consideration or benefit of any type which constitutes an illegal or corrupt practice shall be undertaken,

directly or indirectly, as an incentive or compensation for the award of this contract. Any of these practices shall be cause for

the annulment of the award, termination of the considerations of the bidder in future bidding or cancellation of the award of the

contract and for additional civil or criminal actions that may be applicable.

16.1 Languages:

Unless otherwise stated in the Schedule of the Contract:

(a) the language or languages in which the Contract documents shall be drawn up shall be the language or languages in

which the Prime Agreement documents have been drawn up, and

(b) if the Contract documents are drawn up in more than one language, the Contract shall be construed and interpreted in

according to the Ruling Language of the Prime Agreement.

17.1 Notices and Instructions:

All certificates, notices or instructions under the terms of the Contract shall be sent by post, cable, telex or facsimile

transmission to or left at the principal place of business of the recipient or such other address as the Company shall nominate

for that purpose.

18.1 US Government Mandatory Clauses

18.1.1 Copeland Anti-Kickback Act

For works conducted in the US or as otherwise applicable through statute or regulation, the Contractor shall comply with the

provisions of the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29

CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or

Grants from the United States”). The Act provides that the Contractor shall be prohibited from inducing, by any means, any

person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he

is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency.

18.1.2 Davis-Bacon Act


provisions of the Davis-Bacon Act, as amended (40 U.S.C. 276a t0 a-7) and as supplemented by Department of Labor

regulations (29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted


Construction”). Under this Act, the Contractor is required to pay wages to laborers and mechanics at a rate not less than the

minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to

pay wages not less than once a week.

18.1.3 Equal Employment Opportunity


provisions of E.O. 11246, “Equal Employment Opportunity,” as amended by E.O. 11375, “Amending Executive Order 11246

Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal

Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

18.1.4 Contract Work Hours and Safety Standards Act


provisions of Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–333), as

supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, the Contractor shall be

required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess

of the standard work week is permissible provided that the worker is compensated at a rate of not less than 11/2times the basic

rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction

work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are

unsanitary, hazardous or dangerous.

18.1.4 Byrd Anti-Lobbying Amendment

In accordance with the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352), the Contractor certifies by entering into this

Contract that he/she will not and has not used US Federal appropriated funds to pay any person or organization for influencing

or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an

employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31

U.S.C. 1352. The Contractor is required to disclose any lobbying with non-Federal funds that takes place in connection with

obtaining any US Federal Award.

18.1.5 Bonding requirements. For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition

Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the non-Federal

entity provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is

adequately protected. If such a determination has not been made, the minimum requirements must be as follows: (a) A bid guarantee

from each bidder equivalent to five percent of the bid price. The ‘‘bid guarantee’’ must consist of a firm commitment such as a bid

bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid,

execute such contractual documents as may be required within the time specified. (b) A performance bond on the part of the contractor

for 100 percent of the contract price. A ‘‘performance bond’’ is one executed in connection with a contract to secure fulfillment of all

the contractor’s (c) A payment bond on the part of the contractor for 100 percent of the contract price. A ‘‘payment bond’’ is one

executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the

execution of the work provided for in the contract.

For Construction under US-Government Funded Prime Contracts, the following Federal Acquisition Regulation (FAR)

clauses also apply:

52.236-1 Performance of Work by the Contractor (only if contract value is greater than $1.5M

52.236-23 Responsibilities of the Architect-Engineer Contractor

52.236-24 Work Oversight in Architect-Engineer Contracts

52.236-3 Site Investigation And Conditions Affecting The Work

52.236-5 Material And Workmanship

52.236-6 Superintendence By The Contractor

52.236-7 Permits And Responsibilities

52.236-8 Other Contracts

52.236-9 Protection Of Existing Vegetation, Structures, Equipment, Utilities, And Improvements

52.236-10 Operations And Storage Areas

52.236-11 Use And Possession Prior To Completion

52.236-12 Cleaning Up

52.236-13 Accident Prevention

52.236-14 Availability And Use Of Utility Services

52.236-15 Schedules For Construction Contracts


52.236-16 Quantity Surveys (Alt I)

52.236-17 Layout Of Work

52.236-21 Specifications And Drawings For Construction

52.243-4 CHANGES (For Fixed Price Construction Subcontracts Over The Simplified Acquisition Threshold)

52.243-5 CHANGES AND CHANGED CONDITIONS (For Fixed Price Construction Subcontracts Under The Simplified

Acquisition Threshold)

52.246-12 Inspection Of Construction

52.246-21 Warranty Of Construction

52.246-25 Limitation Of Liability – Services

52.249-1 Termination For Convenience Of The Government (Fixed-Price)

52.249-10 Default (Fixed-Price Construction)

52.249-14 Excusable Delays


APPENDIX B. LOT 1(GBAYILATA ROAD - BONG) BUDGET

Bill of Quantities

Item No Item Description Unit Quantity

1.0 Preliminary & General Items

1.1 Contractor's mobilization and establishment of site camp LS 1.0

1.2 Contractor demobilization and removal of camp site LS 1.0

1.3 Occupational Health and Safety, HIV/AIDs and Gender awareness meetings

1.3.1 Provision of all contractual responsibilities stipulated in section 1.3 of the Specifications

LS 1.0

1.3.2 Occupational Health and Safety, HIV/AIDs and Gender awareness meetings

No 2.0

1.4 Accommodation of traffic

1.4.1 Traffic control and management at working locations LS 1.0

1.4.2 Permanent road traffic signs for the completed road No 2.0

1.5 Provision, erection, maintenance and removal of project bill sign board as indicated in the drawing or instructed by the Engineer.

No 2.0

1.6 Provide specified insurances and bonds LS 0.0

1.7 Construction of temporary detours including their maintenance and restoration

m 70.0

1.8 Time and Method Related Costs

1.8.2 Conducting Materials Tests as instructed by the engineer, inclusive of test report preparation

1.8.2c Concrete Compressive Tests Set 2

Sub Total for Preliminary Items


Item No

Item Description Unit Quantity

4.0 Drainage and Structures: Prefabricated Pipe Culvert Works

4.1 Excavation for Pipe Culverts

4.1.1 In soft soils to a trench depth not exceeding 1.5m CUM 485.6

4.2.2 Using Approved Imported Material CUM 123.8

4.3 Provide Material and Construct Reinforced Concrete Pipe Culvert

4.3.2 900mm Diameter m 54.0

4.3.3 1200mm Diameter m 12.0

4.4 Provide Material and Cast insitu Concrete in class

4.4.2 Class 15 MPA in Bedding & Haunch CUM 17.6

4.4.4 Class 20 MPA in Culvert End Structures & Reinforced Concrete Bedding

CUM 48.6

4.5 Provide Material and Construct Cement Bound Masonry Works at End Structures

4.6 Provide, place and compact hardcore foundation for pipe structures in very soft spots as instructed by the engineer

CUM 13.7

4.7.2 Constructing temporary barriers CUM 97.7

4.8.2 Using Grouted Stone Pitching SQM 148.0

4.9 Provide Material and Construct Rip-Rap Protection to specified thickness

4.9.1 Using Dry (Plain) Packed Stone CUM

4.9.2 Using Grouted Stone CUM

4.10 Provide Material and Construct Stone Masonry Walls

4.10.1 Using Dry (Plain) Stone Masonry CUM

4.10.2 Using Grouted Stone Masonry CUM

4.11 Provide Material and Construct Mass Concrete for Pitching (Paving)

CUM

4.12 Provide and Construct Stone Filled Gabion Works using Gabion Boxes including the foundation preparation, as per standard drawings and specs

4.12.1 In approved Gabion Box quality and specified dimensions CUM

4.12.2 In approved Reno Mattress quality and specified dimensions CUM


Item No



4.13 Supply and Fix Reinforcing Steel in Reinforced Concrete

4.13.1 Mild steel bars Kg 7,246

4.14.1 Rough finish formwork SQM 257.2

4.14.2 Fair finish formwork SQM 266.5

4.17 Demolition and disposal of existing log bridges at pipe structures locations

No 9.0

4.18 Excavation of Pipe Culvert Outlets and Inlets at Existing & New Pipe Culvert Locations as instructed by the Engineer

CUM

Sub Total for Drainage and Structures (Pre-fabricated Pipe Culverts)

Bill No

Bill Description Amount (US$)

Summary of Bill Items




APPENDIX B. LOT 2(SAWMILL – GBONOKALAI ROAD - BONG) BUDGET

Bill of Quantities

Item No







LS 1.0


No 2.0





No 2.0



m 50.0



1.8.2c Concrete Compressive Tests Set 2



Item No





4.2 Backfill to Pipe Culverts.




4.3.3 1200mm Diameter m 18.0


4.4.1 Class 10 MPA for Blinding CUM



CUM 37.6

4.5 Provide Material and Construct Cement Bound Masonry Works at End Structures


CUM 8.2

4.7 Construct temporary water diversions in locations of active water courses including their maintenance and removal by:

4.7.1 Excavation of diversion channels CUM 0.0


4.8 Provide Material and Construct Stone Pitching to specified thickness:


4.9 Provide Material and Construct Rip-Rap Protection to specified thickness

4.9.1 Using Dry (Plain) Packed Stone CUM

4.9.2 Using Grouted Stone CUM

4.10 Provide Material and Construct Stone Masonry Walls

4.10.1 Using Dry (Plain) Stone Masonry CUM

4.10.2 Using Grouted Stone Masonry CUM

4.11 Provide Material and Construct Mass Concrete for Pitching (Paving)

CUM

4.12 Provide and Construct Stone Filled Gabion Works using Gabion Boxes including the foundation preparation, as per standard drawings and specs

4.12.1 In approved Gabion Box quality and specified dimensions CUM

4.12.2 In approved Reno Mattress quality and specified dimensions CUM


Item No





4.14 Provide Material, Place and fix into position of concrete formwork including its removal after concrete curing



4.15 Provide for the desilting of existing pipe culverts including opening of inlets and outlets

4.16 Demolition and disposal of existing pipe structures (RCP & CMP)

4.17 Demolition and disposal of existing log bridges at pipe structures locations

No 5.0



Item No Item Description

Box Culvert Structure - 3+080

Unit Quantity

7.0 a Box Culvert Structure - 3+080

Temporary Works & Water Diversions

7.1 Construct temporary water diversions at Box Culvert locations on active water courses including their maintenance and removal by:


7.1.2 Erection of temporary barriers CUM 15.0

7.1.3 Construction and removal temporary Log Bridge structures on detour roads

LS 1.0

7.2 Excavation for Structures Foundations

7.2.1 In Common Soils to 1 - 5m depth CUM 140.0

Backfill to Box Culvert Structures


7.3.3 Using imported single size pervious crushed stone backfill behind wing walls and stems including cast in place PVC weep holes as shown on drawings

CUM 9.7

7.3.4 Provide, place and. compact hardcore foundation layer in very soft spots (with low bearing capacity) as instructed by the engineer

CUM 24.7503

Form Work



Steel Reinforcement

7.5.1 Mild steel bars Kg 5104.3

Concrete Works

7.6.1 Class 10 (1:4:8) CUM 7.7

7.6.4 Class 25/20 CUM 44.9

Railing Aesthetic Treatments & Safety Works

7.7.1 Provide 75mm galvanized pipe for Box culvert guardrails as shown on the drawings and specifications

m 13.0

7.7.2 Painting (3 Coats) to concrete surfaces of box Culvert guard rails, parapet & barriers using the epoxy paint and colors as specified by the engineer

LS 1.3


River Training Works

7.8.1 Opening by removal of Vegetation & downstream tree logs in water way channel to a minimum of 25m on either side of water channel or as directed by the Engineer

LS 1.3

7.8.2 Excavation and sloping of land mass upstream/downstream of water channel

Cum 218.8

Demolition of Existing Structures

7.9 Demolition and disposal of existing pipe structures (RCP & CMP) within vicinity of proposed Box Culvert Location

No 1.3

Maintenance Works to Existing Box Culverts

Erosion Protection Works


Finishing Works

7.17 Provide all necessary equipment and labor to clean and dispose away from site, all construction debris in the vicinity of the finished box culvert structure

LS 1.0

7.18 Provide, spread and compact selected gravel backfill to Min 95% MDD on top of box culvert slab and approaches (30m of both sides) to finished road profile.

CUM 48.0

Sub Total for Box Culvert Structure - 3+080

Bill No

Bill Description Amount (US$)

Summary of Bill Items 1.0 Preliminary & General Items 4.0 Drainage and Structures: Prefabricated Pipe Culvert Works 7.0 Box Culvert Structure 7.1 3+080

Total Transferred to the Grand Summary Sheet


APPENDIX B. LOT 3(BAH - 45 – MLETONTOU - NIMBA) BUDGET

Bill of Quantities

Item No







LS 1.0


No 2.0





No 2.0



m 70.0



1.8.2c Concrete Compressive Tests







4.2 Backfill to Pipe Culverts.





4.3.3 1200mm Diameter m 18.0




CUM 48.6


CUM 13.7

4.7 Construct temporary water diversions in locations of active water courses including their maintenance and removal by:








4.14 Provide Material, Place and fix into position of concrete formwork including its removal after concrete curing



4.15 Provide for the desilting of existing pipe culverts including opening of inlets and outlets

4.16.1 600mm & 900mm Diameter No 1.0

4.16.2 1200mm & 1500mm Diameter No 0.0

4.17 Demolition and disposal of existing log bridges at pipe structures No


locations

4.18 Excavation of Pipe Culvert Outlets and Inlets at Existing & New Pipe Culvert Locations as instructed by the Engineer

CUM 0.0


Bill No Bill Description Amount (US$)

Summary of Bill Items



Total Transferred to the Grand Summary Sheet

Please include this page in your proposal stating the validity period of your bid submitted


APPENDIX C. TECHNICAL PROPOSAL SUBMISSION SHEET

(Complete this form with all the requested details and submit it as the first page of your technical proposal, with the documents

requested above attached. Ensure that your proposal is authorized in the signature block below. A signature and authorization on this

form will confirm that the terms and conditions of this RFP prevail over any attachments. If your proposal is not authorized, it may be

rejected.)

Date of Technical Proposal:

RFP Number: RFP/ACDI/VOCA/Service/02/2015

RFP Title: Construction of Box culvert & Reinforced

Concrete Pipe Culvert on three Road in Bong

and Nimba County.

We offer to provide the goods/services described in the Scope of Work, in accordance with the terms and conditions stated in Request

for Proposal referenced above. We confirm that we are eligible to participate in public procurement and meet the eligibility criteria

specified.

The validity period of our proposal is ______ days/weeks/months from the time and date of the submission deadline.

TYPE OF BUSINESS/INSTITUTION (CHECK ALL THAT APPLY)

Offeror certifies that it is: ☐ Non U.S. Owned/Operated ☐ Government Owned/Operated

(If Non U.S. Owned/Operated is selected, continue to Anti-Terrorism Certification)

OR FOR US ORGANIZATIONS ONLY:

☐ Nonprofit ☐ For-Profit ☐ Government Owned/Operated

☐ Large Business ☐ Small Business ☐ College or University

☐ Women Owned ☐ Small and Disadvantaged Business

ANTI-TERRORISM CERTIFICATION

The Offeror, to the best of its current knowledge, did not provide, within the previous 10 years, and will take all reasonable steps to

ensure that it does not and will not knowingly provide, material support or resources to any individual or entity that commits, attempts

to commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to commit, facilitated, or participated in

terrorist acts.

The Offeror also verifies that it does not appear on 1) the website of the System for Award Management: https://www.sam.gov or 2)

the website of the United Nations Security (UNSC) sanctions committee established under UNSC Resolution 1267 (1999) (the “1267

Committee”): http://www.un.org/Docs/sc/committees/1267/consolist.shtml.

The undersigned declares s/he is authorized to sign on behalf of the company listed below and to bind the company to all conditions

and provisions stated in the original RFP document including attachments from ACDI/VOCA.

Proposal Authorized By:

Signature: _______________________ Name: ___________________________

Position: ________________________ Date: ___________________________

Authorized for and on behalf of: (DD/MM/YY)

Company: _______________________________________________________________

Address: _______________________________________________________________

DUNS No.: ________________ Business Registration No. _________________


http://system/

http://www.un.org/Docs/sc/committees/1267/consolist.shtml