USAID Forest and Biodiversity Support Activity (FABS)
Request for Proposal
Date of Issuance: 14 February 2023
Closing Date for Questions: 24 February 2023, 5pm Kinshasa Time
Closing Date for Submission of Proposal: 20 March 2023, 5pm Kinshasa Time
Subject: ARD Inc Requests for Proposal No.05 entitled “Congo Basin Nature-Based Tourism Assessment”
Dear Sir/Madam,
You are kindly invited to submit a technical and financial proposal relating to ARD Inc Requests for Proposal No.05 entitled “Congo Basin Nature-Based Tourism Assessment.”
ARD Inc intends to issue a Fixed Price subcontract for this work.
Costs incurred by respondents for the preparation of a proposal and the negotiation of contract are not reimbursable.
ARD Inc is not bound to accept any of the proposals submitted.
ARD Inc reserves the right to accept an offerors proposal without further discussion.
ARD Inc will only evaluate proposals from registered, qualified firms to execute and implement the work under this project.
Offerors are required to obtain DBA Insurance prior to commencement of any services. See Financial Proposal Section for more information.
If awarded, the subcontractor must have, or be able to obtain a Unique Entity Identifier (UEI). See the Financial Proposal Section for more information.
The Offers must be able to complete all the items stated in the Statement of Work in Attachment A.
Note to RFP Offeror - ARD Inc reserves the right to order in phases or by activities that are most advantages to ARD Inc
Authorized USAID Geographic Code- All goods and services offered under this solicitation or supplied under any resulting award must meet USAID Geographic Code 935 in accordance with the United States Code of Federal Regulations (CFR), 22 CFR §228. Offerors may not offer or supply any commodities or services that are manufactured or assembled in, shipped from, transported through, or otherwise involving any of the following countries: Cuba, Iran, North Korea, (North) Sudan, Syria.
Offerors MUST NOT provide any goods and/or services that utilize telecommunications and video surveillance products from the following companies: Kaspersky Labs, Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company, or any subsidiary or affiliate thereof, in compliance with FAR 52.204-25.
If applicable, FAR 52.223-99 (Ensuring Adequate COVID-19 Safety Protocols) will be incorporated into any award(s) issued under this solicitation
Please note that in submitting a response to this RFP, the Offeror understands that USAID is not a party to this solicitation and the Offeror agrees that any protest hereunder must be presented – in writing with full explanation – to ARD Inc for consideration as USAID will not consider protests regarding procurements carried out by implementing partners. ARD Inc, at its sole discretion, will make a final decision on the protest for this procurement.
Questions
All questions and inquiries related to this request must be submitted prior to the Closing Date for questions shown above for this RFP. All “Offerors” must submit their questions to ARD Inc via the below email address: [email protected].
The subject line should have: “Questions on RFP 005, Congo Basin Nature-Based Tourism Assessment”
In compliance with standard procedure, all inquiries and comments will be shared with the rest of the Offerors along with ARD Inc’s response. Questions received after the closing date for questions may not be answered.
Proposal Submittal requirements
Proposals shall be submitted via email to the address above.
The Subject line of the email should read: “Proposal for RFP 005 – Congo Basin Nature-Based Tourism Assessment”
Proposals received after the exact time specified for receipts of offer shall be considered late and will be considered only at the discretion of ARD Inc.
Respondents shall receive an email acknowledging that their Proposal has been received upon its submission.
Proposal Instructions and Required Format
It is requested that Offerors organize their Technical and Financial Proposals as noted below. This request is made to facilitate ARD Inc’s review of the submitted material thus enabling a rapid decision and contracting process.
The Offeror shall submit its best price offer/proposal to complete the Statement of Work (SOW) in Attachment A and shall contain the following information detailed in Sections 1 thru 4 below:
1.Proposal Cover Letter:
The proposal cover letter should be signed by an authorized representative.
2.Technical Proposal :
The technical proposal must be written in English or French. There should be a maximum of 12 type-written pages, excluding Attachments/supporting documents. Desired Format - Type: Times New Roman, Font Size 11, Margins: 1” all around.
The technical proposal shall address the subjects outlined below:
A. Firm Information
Provide the name, address and copy of your firm’s business registration.
Provide the primary contact information for this project.
If you intend to subcontract any portion of the requested work to other firms or institutions, provide the above information for each partner and the percentage of the work that they will be performing.
Please describe your firm’s management structure, list all owners.
B. Corporate Capabilities and Past Performance
Proof of registration in operating country.
Unique Entity ID number or proof of application of a Unique Entity ID number on SAM.gov
Summary of Corporate Capabilities.
Summary of relevant past experience your firm has had in performing work similar to that described in Attachment A. Statement of Work.
Performance references for similar projects.
For each project, please include the name of the client and his or her contact information (current and most recent information required, within the last three years). It is ARD Inc’s intention to contact some of these clients for testimonials regarding your firm’s performance in these areas:
The quality of the work performed by the Offeror,
The timeliness of the effort performed by the Offeror, and
Whether the Client would use Offeror’s services should they have similar needs in the future?
Technical Approach
Please submit a detailed technical write-up of the proposed implementation strategy and management for this specific project detailed in Attachment A. The description must include the below elements:
Concept (2 pages) - The Offeror is required to demonstrate their and their approach to achieving the objectives of the Scope of Work (SOW) presented in Attachment A. This should include discussion of how the Offeror will implement all Tasks, as well as any potential challenges and mitigation strategies.
Methodology (4 pages) – The Offeror is required to present their approach to achieve the objectives of developing a detailed assessment of the current state of nature-based tourism in target countries in Central Africa (namely Cameroon, Central African Republic, Democratic Republic of the Congo, Gabon and Republic of the Congo), reflecting the stated requirements and tasks outlined in the SOW. This must include, at a minimum, (i) a step-wise, narrative description of the work to be undertaken (ii) a timeline (submitted as an attachment) that outlines the major steps of implementation and completion of deliverables that matches the timeline presented in the SOW.
In the description of methods, the Offeror should be sure to address:
The types of data and sources that will be used to compile the assessment
How the proposed approach will ensure effective engagement of local stakeholders
Management Approach (2 pages) – The Offeror is required to describe how it proposes to manage implementation of the subcontract (if awarded). The management approach should include:
A detailed technical write-up of the proposed implementation strategy and management for this specific project detailed in Attachment A
Description of how the Offeror will maintain integrity and consistency in delivery of the services.
Identify the Key Personnel that would be working on this project assuming an award. This should include a 2-page statement about their capabilities and experience in nature-based tourism, market analysis, and understanding of policy and enabling conditions. Key Personnel CVs should be provided in an Annex.
Implementation Timeline (Does not count against page limit) – Offeror should include a Microsoft Excel-based timeline (Gantt chart) as an Annex to illustrate the implementation of the activities required in the Scope of Work in Attachment.
3. Financial Proposal
The Offeror’s proposed Financial proposal must represent its best price offer in response to the solicitation, and shall contain the following components A through D:
Detailed Budget. The Offeror must use the budget template in Attachment B.
Budget Narrative. A detailed narrative describing the basis on which the costs were derived should be provided to allow a complete analysis of the Offeror’s cost/price using the narrative template provided in Attachment C. The budget narrative should provide a clear justification of the costs in relation to the steps and activities outlined in the Technical Approach.
DBA Insurance: Please note, in accordance with USAID regulations, Offerors should budget for worker’s compensation insurance with USAID’s approved DBA insurance provider. For more information on DBA, please visit: Defense Base Act (starr.com)
NB: DBA will be required and will be reimbursed for the subcontract. The DBA costs should be calculated based on base salary (salary without taxes, fringe and indirect costs, fees) multiplied by the rate of 0.75%.
Additionally, please note that the selected Offeror will need to ensure that a DBA insurance policy is obtained from Starr Indemnity & Liability Insurance. The first deliverable of any awarded subcontract will be submission of documentation verifying that DBA insurance is in place.
Tax Provision: The agreement under which this solicitation is financed does not permit the financing of any taxes, VAT, tariffs, duties, or other levies imposed by any laws in effect in the Cooperating Country. No such Cooperating Country taxes, VAT, charges, tariffs, duties or levies will be paid under an order resulting from this RFP.
Unique Entity Identifier (UEI): Please note, in accordance with FAR 52.204-6, Offerors must have, or be able to obtain a UEI. This UEI can be obtained in the United States System for Award Management (SAM) at SAM.gov | Home. If your company/organization is already registered in the SAM system, you may already have an UEI. No subcontract will be issued until the UEI number is produced.
4.Required Certifications
Offeror shall submit the required signed certifications as indicated in Attachment D.
Liste des Annexes
Attachment A: Statement of Work
Attachment B: Budget Template
Attachment C: Budget Narrative Template
Attachment D: Proposal Evaluation Criteria
Attachment E: Required Certifications
Attachment A – Scope of Work
Background
USAID’s Forest and Biodiversity Support Activity (FABS) assists the Central Africa Regional Program for the Environment (CARPE) and other environmental stakeholders in Central Africa to implement strategies and actions that address the large-scale threats to biodiversity conservation and forest management by focusing on three interconnected Intermediate Results (IRs): leadership and participation of diverse local organizations and private sector strengthened; policy, regulatory, and enabling environment improved; and innovative and evidence-based approaches adopted and institutionalized within conservation and forest sectors.
Development of the nature-based tourism sector[1] in Central Africa presents opportunities to support conservation by generating tax revenues for government, operating finance for protected areas and wider economic benefits, including employment and entrepreneurial opportunities for surrounding communities that represent viable alternatives to livelihood strategies that threaten biodiversity. At present, however, the sector is significantly underdeveloped, with most existing activity concentrated around a limited number of protected areas and natural attractions (e.g., Virunga National Park in DRC, Odzala-Kokoua National Park in the Republic of the Congo). Previous studies, including recent studies by the GIZ and World Bank, have identified some of the major challenges to the development of the sector, including the costs and complexity of travel to protected areas, the lack of adequate tourism infrastructure, and limited hospitality management expertise and capacity. However, there is limited availability of accurate, up-to-date public or private source data on the state of the sector; for example, there is limited systematic collection of data on visitor numbers or visitor satisfaction for different market segments.
Objective
USAID FABS is requesting proposals from qualified organizations to produce a detailed assessment of the current state of nature-based tourism in target countries in Central Africa (namely Cameroon, Central African Republic, Democratic Republic of the Congo, Gabon and Republic of the Congo). The assessment will consolidate and update the data available on nature-based tourism to provide an initial benchmark, identify critical data gaps, and identify actions and strategies to strengthen the nature-based tourism sector. The findings and recommendations of the assessment will be disseminated widely to make this information available to tourism sector operators, potential investors, government agencies, development partners and other stakeholders.
Tasks
Task 1. Assessment of the current state of the nature-based tourism sector in the target countries
The Offeror will produce an assessment of the current state of the nature-based tourism sector in the target countries (Cameroon, Central African Republic, Democratic Republic of the Congo, Gabon and Republic of the Congo), with a focus on tourism opportunities in and around protected areas.
The Offeror will propose a research methodology for the assessment, which is expected to include a comprehensive literature review, compilation and analysis of available quantitative data, collection and analysis of travel packages being offered online in primary source markets and by local tour operators, qualitative research through phone/video/in-person interviews, focus groups and/or other modalities, and field visits. Given the limited availability of quantitative data, the Offeror is expected to propose estimates or the use of qualitative data, making explicit the underpinning assumptions and caveats.
The assessment is expected to cover:
Demand: information on and analysis of existing and potential visitor numbers, flows, approximate/preliminary segmentation, source markets, trip duration, activities, expenditure;
Supply: information on and analysis of the natural, cultural and other tourism assets in a representative sample of sites and at the national- and regional-levels (where relevant), including their current level of development, existing and potential visitor capacity, existing Protected Area development plans, business plans, or projects, and active tourism operators;
Enabling environment: information on and analysis of constraints and opportunities relating to the enabling environment, taking into account: infrastructure; transport services; healthcare facilities (including medical evacuation); other public services; tour operators, tour guides and websites; hospitality services; finance and insurance; education and training; and relevant rules, regulations and norms such as tourism investment promotion incentives, health and safety standards, sustainability standards, etc.
The assessment should encompass analyses of constraints and opportunities at a site-level, national-level and regional-level (e.g., visa restrictions or other barriers to cross-border travel).
Based on this assessment, the Offeror will provide recommendations under the following (non-exhaustive) categories:
Nature-based tourism development opportunities: identify protected areas or other sites that represent high potential for the development of nature-based tourism in the short/medium-term (i.e., where improving the level of supply and capturing existing or potential demand is reasonably feasible);
Enabling environment constraints: identify or rank priority enabling environment constraints; propose specific actions to improve priority constraints, with a focus on actions that are reasonably feasible in the short/medium-term
Data availability constraints: provide specific recommendations to improve the public availability of data to support the development of nature-based tourism, including identification of key data gaps and systems/processes for data collection by public or industry bodies (e.g., visitor questionnaires)
Other: propose other relevant recommendations not covered above, for recommended actions to be taken by tourism operators or other tourism sector stakeholders.
The Offeror will produce a detailed report of the assessment and recommendations, as well as a summarized briefing note or presentation, which FABS will make publicly available (with appropriate redaction of any commercially sensitive information).
Task 2: Development of an interactive visual presentation of the results
The Offeror will produce a visual presentation of the findings and recommendations from the assessment (Task 1) in an interactive map or dashboard, which could be hosted on a website. This must be interactive and easily navigable in a manner to provide information to potential investors or project developers, as well as government agencies and development partners, on nature-based tourism development opportunities, challenges, key actors and points of contact.
Task 3: Validation, dissemination and stakeholder engagement
With support from FABS, the Offeror will share the deliverables from Tasks 1 and 2 through channels targeting specific audiences, including workshops, webinar and/or roundtables, in order to:
present and validate the findings with key stakeholders;
present recommendations for strengthening the enabling environment to government decision-makers and technical leads, and conservation and development partners;
interest potential investors in nature-based tourism development opportunities.
Deliverables
The subcontractor shall prepare and submit the following deliverables according to the following schedule:
Deliverables
Due date
1
Detailed nature-based tourism assessment report for the target countries, including a) an analysis of the current state of demand, supply and enabling environment at site-, national- and regional-levels; b) recommendations in relation to nature-based tourism development opportunities, enabling environment constraints, data availability constraints, and other relevant areas.
TBD
2
Interactive visual presentation of the results
TBD
3
Validation and dissemination workshop/webinar(s) for the nature-based tourism assessment report
TBD
Attachment B
Budget
Offerors should complete the attached excel sheet, which together with the Budget Narrative (attachment C) will constitute the Offeror’s Financial Proposal.
Attachment C
USAID Forest and Biodiversity Support Activity
Request for Proposal No. 005 entitled “Congo Basin Nature-based tourism Assessment”
BUDGET NARRATIVE
Submitted by:
1.Budget Narrative Summary
1.1. Direct Labor
1.2 Travel, Transportation and Per Diem
1.3 Activity Costs
1.5 Other Direct Costs
Attachment D
Proposal Evaluation Criteria
Offeror’s response to RFP requirements will be scored based on the below criteria:
Technical Proposal Evaluation Criteria:
Maximum Points
Part A – Firm Information (Maximum 10 points).
Did the offer provide all of the requested information?
10
Part B - Corporate Capabilities and Past Performance (Maximum 10 Points)
10
Does the Offeror have quality and relevant past experience performing this type of work?
Part C - Technical Approach (Maximum 60 points)
15
a. Presentation of the offer demonstrates a clear understanding of the Scope of Work presented in Annex A, including the subject matter, challenges, and risks
b. Proposed methodology is detailed, comprehensive, and realistic to achieve the results
15
c. Presentation of an efficient approach for evaluating nature-based tourism opportunities and constraints in multiple countries
10
d. The proposed approach demonstrates a clear strategy for identifying and engaging with relevant local stakeholders working on nature-based tourism including government and private sector
10
e. The skills and experience of the proposed Key Personnel are applicable to the work to be performed under the SOW
10
Technical Proposal Evaluation Scoring - Possible Total Score 80
80
Financial Proposal Evaluation Criteria:
Maximum Points
Cost Effectiveness (Maximum 20 points)
Is the proposed budget complete, allocable and feasible? Are cost notes/budget narrative sufficiently detailed?
10
Comparison to other bidder’s proposals (lowest price ranked maximum points, and then detailed on a percentage basis downward)
10
Financial Proposal Evaluation Scoring - Possible Total Score 20
20
Possible Total Score - 100
100
Attachment E
Certifications
CERTIFICATION REGARDING RESPONSIBILITY MATTERS.
FAR Reference 52.209-5.
As prescribed in 9.104-7(a), insert the following provision:
Certification Regarding Responsibility Matters (AUG 2020)
(1) The Offeror certifies, to the best of its knowledge and belief, that –
The Offeror and/or any of its Principals –
Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
Have not within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and
Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.
Have not within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
Federal taxes are considered delinquent if both of the following criteria apply:
The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
Examples.
The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
The Offeror has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
"Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).
This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.
The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with determination of the Offeror's: responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Contractor non responsible.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
KEY INDIVIDUAL CERTIFICATION NARCOTICS OFFENSES AND DRUG TRAFFICKING
22 CFR Part 140, Prohibition on Assistance to Drug Traffickers.
Note: This certification shall be filled by any key person proposed in the project.
I hereby certify that within the last ten years:
I have not been convicted of a violation of, or a conspiracy to violate, any law or regulation of the United States or any other country concerning narcotic or psychotropic drugs or other controlled substances.
I am not and have not been an illicit trafficker in any such drug or controlled substance.
I am not and have not been a knowing assistor, abettor, conspirator, or colluder with others in the illicit trafficking in any such drug or substance.
NOTICE:
You are required to sign this Certification under the provisions of 22 CFR Part 140, Prohibition on Assistance to Drug Traffickers. These regulations were issued by the Department of State and require that certain key individuals of organizations must sign this Certification.
If you make a false Certification you are subject to U.S. criminal prosecution under 18 U.S.C. 1001.
A false certification from a key person involved in the project, shall result in the termination of his/her contract with the operator.
CERTIFICATION REGARDING TERRORIST FINANCING
Implementation of Executive Order 13224
Certification Regarding Terrorist Financing, Implementing Executive Order 13224
The Recipient, to the best of its current knowledge, did not provide, within the previous ten 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, as that term is defined in paragraph (c).
The following steps may enable the Recipient to comply with its obligations under paragraph (a)
Before providing any material support or resources to an individual or entity, the Recipient will verify that the individual or entity does not (i) appear on the master list of Specially Designated Nationals and Blocked Persons, which list is maintained by the U.S. Treasury’s Office of Foreign Assets Control (OFAC) and is available online at OFAC’s website: http://www.treas.gov/offices/eotffc/ofac/sdn/t11sdn.pdf, or (ii) is not included in any supplementary information concerning prohibited individuals or entities that may be provided by USAID to the Recipient.
Before providing any material support or resources to an individual or entity, the Recipient also will verify that the individual or entity has not been designated by the United Nations Security (UNSC) sanctions committee established under UNSC Resolution 1267 (1999) (the “1267 Committee”) [individuals and entities linked to the Taliban, Usama bin Laden, or the Al Qaida Organization]. To determine whether there has been a published designation of an individual or entity by the 1267 Committee, the Recipient should refer to the consolidated list available online at the Committee’s website: http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm.
Before providing any material support or resources to an individual or entity, the Recipient will consider all information about that individual or entity of which it is aware and all public information that is reasonably available to it or of which it should be aware.
The Recipient also will implement reasonable monitoring and oversight procedures to safeguard against assistance being diverted to support terrorist activity.
For purposes of this Certification-
“Material support and resources” means currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.”
“Terrorist act” means-
an act prohibited pursuant to one of the 12 United Nations Conventions and Protocols related to terrorism (see UN terrorism conventions Internet site: http://untreaty.un.org/English/Terrorism.asp); or
an act of premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents; or
any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act.
“Entity” means a partnership, association, corporation, or other organization, group or subgroup.
References in this Certification to the provision of material support and resources shall not be deemed to include the furnishing of USAID funds or USAID-financed commodities to the ultimate beneficiaries of USAID assistance, such as recipients of food, medical care, micro-enterprise loans, shelter, etc., unless the Recipient has reason to believe that one or more of these beneficiaries commits, attempts to commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to commit, facilitated or participated in terrorist acts.
The Recipient’s obligations under paragraph (a) are not applicable to the procurement of goods and/or services by the Recipient that are acquired in the ordinary course of business through contract or purchase, e.g., utilities, rents, office supplies, gasoline, etc., unless the Recipient has reason to believe that a vendor or supplier of such goods and services commits, attempts to commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to commit, facilitated or participated in terrorist acts.
This certification is an express term and condition of the agreement and any violation of it shall be grounds for unilateral termination of the agreement by USAID prior to the end of its term.”
ANTI-KICKBACK PROCEDURES
FAR Reference 52.203-7. As prescribed in 3.502-3, insert the following clause:
Anti-Kickback Procedures (JUN 2020)
Definitions.
"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract, or in connection with a subcontract relating to a prime contract.
"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.
"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.
"Prime Contractor" as used in this clause, means a person who has entered into a prime contract with the United States.
"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.
"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.
"Subcontractor," as used in this clause,
means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and
includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.
"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.
The Anti-Kickback Act of 1986 (41 U.S.C.51-58) (the Act), prohibits any person from-
Providing or attempting to provide or offering to provide any kickback;
Soliciting, accepting, or attempting to accept any kickback; or
Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.
The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.
When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice.
The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.
The Contracting Officer may
offset the amount of the kickback against any monies owed by the United States under the prime contract and/or
direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.
The Contractor agrees to incorporate the substance of this clause, including subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $150,000.
CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS.
FAR Reference 52.203-11. As prescribed in 3.808(a), insert the following provision:
Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEPT 2007)
Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).
Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference in this provision.
Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract
Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352.Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.
ACKNOWLEDGEMENT OF ETHICAL AND BUSINESS CONDUCT REQUIREMENTS
Tt ARD is committed to integrity in procurement and subcontracting, and only selects offerors based on objective business criteria such as price and technical merit.
Tt ARD does not tolerate fraud, collusion among offerors, falsified proposals/bids, bribery, or kickbacks. Any firm or individual violating these standards will be disqualified from this procurement, barred from future procurement opportunities, and may be reported to both USAID and the Office of the Inspector General.
Employees and agents of Tt ARD are strictly prohibited from asking for or accepting any money, fee, commission, credit, gift, gratuity, object of value or compensation from current or potential offerors in exchange for or as a reward for business. Employees and agents engaging in this conduct are subject to termination and will be reported to USAID and the Office of the Inspector General. In addition, Tt ARD will inform USAID and the Office of the Inspector General of any supplier offers of money, fee, commission, credit, gift, gratuity, object of value, or compensation to obtain business.
Offerors responding to this RFP certify that by submitting a proposal, they:
Have disclosed any close, familial, or financial relationships with Tt ARD or project staff. For example, if an offeror’s cousin is employed by the project, the offeror must state this.
Have disclosed any family or financial relationship with other offerors submitting proposals. For example, if the offeror’s father owns a company that is submitting another proposal, the offeror must state this.
Certify that the prices in the offer have been arrived at independently, without any consultation, communication, or agreement with any other offeror or competitor for the purpose of restricting competition.
Certify that all information in the proposal and all supporting documentation are authentic and accurate.
Certify understanding and agreement to Tt ARD’s prohibitions against fraud, bribery and kickbacks.
Please contact [email protected] or [email protected] with any questions or concerns regarding the above information or to report any potential violations.
SIGNATURE
By signature hereon, or on an offer incorporating these Representations, Certifications, and Other Statements of Offerors, the Contractor certifies that they are accurate, current, and complete, and that the Contractor is aware of the penalty prescribed in 18 U.S.C. 1001 for making false statements in offers.
By signing below the subcontractor provides certifications for:
Certification Regarding Responsibility Matters - AUG 2020. (FAR Reference 52.209-5),
Prohibition on Assistance to Drug Traffickers. (22 CFR Part 140),
Certification Regarding Terrorist Financing. (Implementation of Executive Order 13224),
Anti-Kickback Procedures – JUN 2020. (FAR Reference 52.203-7), and,
Certification and Disclosure Regarding Payments to influence Certain Federal Transactions - SEP 2007 (FAR Reference 52.203-11).
6. Acknowledgement of Ethics and Business Conduct Requirements
RFP # and RFP Title:__________________________________________________________
Firm or Organization Name: ___________________________________________________
Name and Title: ____________________________________________________________
Signature: ____________________________ Date: ______________________
This entire Attachment E must be signed by Offeror and returned as part of the proposal submission.
[1] For the purposes of this RFP, the following definitions are adopted from World Bank (2020), Tools and resources for nature-based tourism: ecotourism is defined as “responsible travel to natural areas that conserves the environment, socially and economically sustains the well-being of the local people, and creates knowledge and understanding through interpretation and education;” nature-based tourism is defined as “forms of tourism that use natural resources in a wild or undeveloped form. Nature-based tourism is travel for the purpose of enjoying undeveloped natural areas or wildlife;” sustainable tourism is “tourism that takes full account of its current and future economic, social, and environmental impacts, addressing the needs of visitors, the industry, the environment, and host communities.”
