Consultancy for facilitation and training services in Mozambique

Pathfinder International is seeking a Mozambique-based or international technical consultant or firm to conduct (1) training and (2) workshops in Northern Mozambique (Ancuabe district, Cabo Delgado). · One 3-day training in Ancube district that will serve as a MISP training for 20 service providers. The training materials will need to be adapted to the local context.

· One 3-day workshop in Metoro for local authorities, disaster response managers, health facility and health department heads, and representatives of civil society with health backgrounds. This will include an overview of MISP but will also serve as emergency preparedness and response (EPR) planning workshops using the Facilitator’s Kit for Community Preparedness for RH and Gender.

· One 3-day workshop in Ancuabe for local authorities, disaster response managers, health facility and health department heads, and representatives of civil society with health backgrounds. This will include an overview of MISP but will also serve as emergency preparedness and response (EPR) planning workshops using the Facilitator’s Kit for Community Preparedness for RH and Gender.

Request for Proposal (RFP)

Issued on: June 23, 2023

Solicitation Number: Amendment 1: 28926-MIHR-CSLT-05

For: Consultancy Services

Revised Quotes Deadline: July 24, 2023

Background

Pathfinder is driven by the conviction that all people, regardless of where they live, have the right to decide whether and when to have children, to exist free from fear and stigma, and to lead the lives they choose.

Since 1957, we have partnered with local governments, communities, and health systems to remove barriers to critical sexual and reproductive health services. Together, we expand access to contraception, promote healthy pregnancies, save women’s lives, and stop the spread of new HIV infections, wherever the need is most urgent.

Our work ensures millions of women, men, and young people are able to choose their own paths forward.

MOMENTUM Integrated Health Resilience (MIHR), a USAID funded project, works to improve the access to and availability of high-quality, respectful, and person-centered voluntary family planning and reproductive health (FP/RH) and maternal, newborn and child health (MNCH) services and care in fragile settings. This project works to strengthen the health resilience of individuals, families, communities, and services in the humanitarian-development nexus, requiring coordination between development and humanitarian actors.

MIHR is testing a variety of approaches to learn how development actors can advance health resilience in the humanitarian-development nexus. In some cases, MIHR takes evidence-based approaches from more developed and stable settings and adapts them for fragile and conflict-affected settings. Another approach is to recognize the national and global minimum humanitarian standards and work to strengthen local capacities to meet those standards in response to shocks and stresses. The Minimum Initial Services Package for sexual and reproductive health (MISP for SRH) is the international standard for a minimum acceptable package of SRH services in humanitarian situations. It defines a set of priority life-saving activities at the onset of an emergency. MIHR focuses on the MISP for SRH components related to coordination, the prevention of unintended pregnancy, maternal and newborn health (MNH), HIV/STI, and gender-based violence (GBV), with particular attention paid to the FP component that was broadened in the 2018 revision of the Inter-Agency Field Manual for Reproductive Health in Humanitarian Settings.

Scope of Work (SOW)

RATIONALE AND OBJECTIVES OF THE ENGAGEMENT

Preparedness for managing shocks and stresses is critical for effective response and to build back/build forward better according to the Sendai Framework.[1] The four priorities of the Sendai Framework are to strengthen health resilience, including understanding priority risks; strengthening emergency preparedness; investing in preparedness; and enhancing preparedness for effective response and to “Build Back Better.”[2] If a community is prepared to respond to health needs before an emergency occurs, through assessing disaster risks, vulnerability, capacity, exposure, hazard characteristics and their possible effects, and planning and acting accordingly, greater resilience is anticipated at the community level with fewer negative health consequences.

To ensure that a community is ready to implement the MISP for SRH as soon as a shock occurs, preparedness is thought to be key. However, there is limited evidence on which actions improve preparedness for SRH and what is the effect of SRH preparedness on emergency response in terms of supporting continuity of services or meeting the minimum initial standards, response time, inclusivity of local actors (including youth) in emergency response, and cost implications. Research from other sectors such as WASH has shown that investments in emergency preparedness reduce response time and costs for emergency response. While it makes intuitive sense that preparedness would also improve emergency response for SRH, we do not yet have sufficient evidence. MIHR’s SRH Preparedness activity is designed to strengthen the emergency preparedness and response (EPR) capacity of local actors to deliver the MISP for SRH during shocks and to address this knowledge gap by generating evidence on the effectiveness of SRH emergency preparedness planning on strengthening the health system in stable settings, maintaining continuity of RH care during a crisis event, and enabling quicker transition to comprehensive FP/RH/MNH/GBV care in facilities and community settings

To test the theory that preparedness improves emergency response, it is necessary to work in a setting that experiences frequent shocks and stresses. The province of Cabo Delgado in northern Mozambique faces significant challenges related to ongoing conflict and insecurity for many years, which has led to a breakdown in health services and infrastructure. It is rich in natural resources yet is one of the poorest in the country with some of the lowest human development statistics nationally. In October 2017, the armed conflict further exacerbated the situation in Cabo Delgado, resulting in a humanitarian crisis with 946,508 Mozambicans fleeing to southern districts and neighboring provinces. The conflict, economic instability and environmental disasters have disrupted communities’ livelihoods leading to hardships that disproportionately affect women and girls. Cabo Delgado has a very young population (30% are ages 10-24), and the second highest rate of child marriage in the country with 18% of young women ages 20-24 married by the age of 15, and 61% married or living with a partner by the age of 18. On average, the age of sexual debut is 15 years and 65% of adolescents ages 15-19 are already mothers or pregnant (the highest rate of adolescent pregnancy in the country). Cabo Delgado has one of the lowest rates of modern contraceptive use in Mozambique (20% among married women 15-49), and 23% of this population has an unmet need for contraception. Data shows that 11% of women in Cabo Delgado reported having experienced sexual violence and 13% experienced physical or sexual violence from their partners/husbands. Displaced women and girls are even more vulnerable to sexual and other types of violence and face greater difficulties accessing sexual and reproductive health (SRH) services.

Pathfinder International has been operating in Cabo Delgado province since 2011. Since 2015, Pathfinder has primarily worked with local communities and the health system in the northern districts to improve access to and demand for comprehensive SRH information and services. Following the attack on Palma sede in May 2021, Pathfinder relocated its operations and programming to southern districts to support the immediate needs of internally displaced persons living in resettlement camps and host communities. Pathfinder is currently implementing two projects, the USAID-funded Preventing Child Marriage in Cabo Delgado Activity (locally known as Uholo-Raparigas e Jovens) and the TotalEnergies-funded Improving Communities Health Outcomes through Integrated Programming in Cabo Delgado Project (local known as Uholo-Saude Comunitaria) in Pemba and Ancuabe districts.

UNFPA Mozambique conducted a Minimum Initial Services Package (MISP) for SRH Readiness Assessment between June and July 2022 to assess the country’s laws, policies, resources, infrastructure, coordination mechanisms, and preparedness to respond to emergencies. The assessment focused on Cabo Delgado given its vulnerability to natural disasters as well as the ongoing humanitarian crisis. Despite family planning being a priority in Mozambique and a focus by the government and donors to expand and improve access to contraception and SRH services through health facilities and community health workers (Agentes Polivalentes Elementares), contraception and family planning are not prioritized during emergencies. The same can be said for gender-based violence (GBV) services – respondents emphasized the health systems and providers’ lack of preparedness to respond to the needs of survivors and provide integrated and comprehensive care during emergencies.

Pathfinder International is seeking a Mozambique-based or international technical consultant or firm to conduct (1) training and (2) workshops in Northern Mozambique (Ancuabe district, Cabo Delgado).

• One 3-day training in Ancube district that will serve as a MISP training for 20 service providers. The training materials will need to be adapted to the local context.
• One 3-day workshop in Metoro for local authorities, disaster response managers, health facility and health department heads, and representatives of civil society with health backgrounds. This will include an overview of MISP but will also serve as emergency preparedness and response (EPR) planning workshops using the Facilitator’s Kit for Community Preparedness for RH and Gender.
• One 3-day workshop in Ancuabe for local authorities, disaster response managers, health facility and health department heads, and representatives of civil society with health backgrounds. This will include an overview of MISP but will also serve as emergency preparedness and response (EPR) planning workshops using the Facilitator’s Kit for Community Preparedness for RH and Gender.

While the trainings have been adapted to meet the local context of Mozambique, minor additional adaptations will need to be made to ensure the materials are appropriate for community members. Additionally, the trainings are currently 5 days and will need to be shortened to 3.

During the workshops, the consultants will support representatives from each health facility catchment area to develop community level emergency preparedness and response (EPR) plans for health facilities and community stakeholders. The consultant will also work with Pathfinder staff to begin the process of establishing SRH emergency preparedness and response committees for each health facility catchment area to track progress, advocate for necessary resources, and hold duty bearers responsible for implementing EPR plans. At the conclusion of the workshops, the consultant will develop a final report outlining the gains of the training, addressing existing challenges, and recommendations for the project during the implementation period.

EXPECTED RESULTS AND DELIVERABLES

Activity

Deliverable

LOE

Virtually work with team in Mozambique to prepare for trainings, include adapting materials to be applicable for community members and reducing length of trainings

Adapted materials

10

Lead (1) three-day training on MISP for health care providers for 20 health care providers in Ancuabe district

Training for 20 health care providers

3 days

Lead (1) three-day workshop with community and health stakeholders that includes MISP for program managers and serves as ERP workshop in Metoro

Workshop

3 days

Lead (1) three-day workshop with community and health stakeholders that includes MISP for program managers and serves as ERP workshop in Ancuabe

Workshop

3 days

Create final report outlining what was accomplished in the training, existing challenges and recommendations for implementation, conduct final debriefing with team

Final Report

4 days

PERFORMANCE PERIOD

The scope of work will take place over approximately three months, from the date of contract award, with an estimated level of effort of 30 days. This includes 15 days in Mozambique (9 days for facilitation of training and workshops, 4 days travel time, 2 days preparation and coordination) and 15 days for desk work.

Inquiries

If you have any questions/inquiries, please e-mail procurement@pathfinder.org no later than close of business July 17, 2023**.** The solicitation number indicated above must be included in the subject line. Responses will be posted to all known offerors.

Proposal Deadline

All written responses to this RFP must be received by Pathfinder no later than 11:59 PM for electronic submission,(Washington, D.C. time) on July 24, 2023. The solicitation number indicated above must be included in the subject line/on the envelope.

Please email the quote and other information directly to: procurement@pathfinder.org. The solicitation number indicated above must be included in the subject line.

Modification

If at any time prior to award Pathfinder deems there to be a need for a significant modification to the terms and conditions of this RFP, Pathfinder will issue such a modification as a written RFP amendment to all competing offerors. No oral statement of any person shall in any manner be deemed to modify or otherwise affect any RFP term or condition, and no offeror shall rely on any such statement. Such amendments are the exclusive method for this purpose.

Resulting Award

As a result of this solicitation, Pathfinder anticipates engaging a single independent contractor/company. Pathfinder reserves the right to split the SOW and make multiple awards.

Any resulting contract will be subject to the terms and conditions contained in Annex B. Part B of this annex will only apply to USG-funded assignments.

Payment Terms

Pathfinder anticipates entering into a fixed-price contract with the selected contractor. Payment will be made according to milestones.

Proposal Guidelines and Instructions

Offerors will be required to submit two proposals, electronically, one a technical proposal and the other a cost proposal. All proposals must be signed and valid for a minimum of sixty (60) days.

Your proposal should provide basic information about your Company/Individual and relevant service offerings. It should have a section addressing each of the following areas:

1. Company/Individual Profile
2. Past Performance
3. Technical Approach (offeror will be evaluated based on their responsiveness to the Scope of Work)
4. References
5. Relationship disclosure and mitigation plan

Responses should include the following information:

1. Technical Proposal
2. Company/Individual Profile

• Provide a general description of the offeror in terms of domestic and international experience (if appropriate)
• Briefly summarize the offeror’s qualifications and experience of the activities described in the scope of work

1. Past Performance

• Provide a detailed track record of previous similar work undertaken

1. Technical Approach

• Describe the offeror’s technical approach in responding to the scope of work
• Describe the offeror’s experience dealing with the subject matter
• Describe the offeror’s capability in relation to the subject matter

1. References – pass/fail

• Submit two (2) client references
• Provide any other information to demonstrate the Contractor’s capability in relation to the Scope of Work

1. Relationship disclosure – pass/fail

• Describe any current or past relationships your organization may have with Pathfinder, and if it is a potential conflict of interest. If there is a potential conflict of interest, please explain how this risk will be mitigated.
• Describe any personal or familial relationships any employee of the Contractor has with any employee of Pathfinder. If there is a relationship, please explain how any conflict of interest risk will be mitigated.
• Disclosure does not automatically disqualify offeror.

1. Cost Proposal

Offerors pricing should be based on the following:

For Services performed during the Term, Consultant will be paid a fixed fee of $XXXX (the “Fixed Fee”).]

Evaluation Criteria

In evaluating the proposals, Pathfinder International will seek the best value for money rather than the lowest priced proposal. Pathfinder will use a two-stage selection procedure:

• the first stage will evaluate the Technical Proposal.
• the second stage will evaluate the Cost Proposal for proposals that pass the Technical Proposal evaluation.

Specifically, the selection committee will evaluate each proposal upon the following criteria:

Criteria

Weight

Bid Submission

1. Bid submitted on time
2. Offeror is eligible to receive funding per background checks
3. Any potential conflict of interest is sufficiently mitigated
4. Reference checks yield positive result

Pass/Fail

Strong knowledge of MISP and related concepts

25

Strong background in adapting training materials

10

Strong facilitation experience and comfort leading trainings and workshops

20

Knowledge of emergency preparedness and response (EPR) planning

15

Experience in designing and facilitating community-based participatory workshops

10

Fluency in Portuguese and English

10

Solid knowledge of family planning, reproductive health, and gender-based violence issues in the context of Mozambique is preferred

5

Familiarity with the context and environment of Northern Mozambique.

5

Total Weight

100

Pathfinder is not bound to accept the lowest or any proposal and reserves the right to accept any proposal in whole or in part and to reject any or all proposals.

Pathfinder shall not be legally bound by any award notice issued for this RFP until a contract is duly signed and executed with the winning offeror.

The evaluator will tally all the individual scores for each section and calculate the average score. The total average scores, will be added to obtain the total points achieved by the individual supplier. If the total number points meets or exceeds the threshold established in the evaluation methodology, the suppliers cost proposal will be eligible for consideration.

The score for the cost proposal will be calculated in the following manner:

Cost proposal score = 100 x Lowest cost/ cost of the proposal under consideration. The lowest cost proposal will receive the full 100 points.

The total score will be calculated as follows:

Total Score= Technical proposal score of the proposal under consideration multiplied by 70% plus (+) Cost proposal score of the proposal under consideration multiplied by 30%.

Terms

Pathfinder reserves the right to cancel this solicitation at any point and is under no obligation to issue a subcontract as a result of this solicitation.

Pathfinder will not reimburse any expenses related to the preparation of any proposal related materials or delivery.

Agreement

Any resulting contract will be subject to the terms and conditions contained in the annex. See Annex A

Thank you,

Priti Patel

Senior Global Procurement Manager

Pathfinder International

Annex A: General Terms and Conditions

Consulting agreement (CA)

between

Pathfinder international

9 Galen Street, Suite 217

Watertown, Massachusetts 02472 USA

(hereinafter “Pathfinder”)

and

Name

address

(hereinafter “Consultant”)

Agreement Type

Cost Center

Ceiling

Purchase Order No.

Under the present agreement, Pathfinder retains the services of the Consultant to submit the deliverable(s) and/or perform the services as described in Part C. Scope of Work for consideration.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives below effective on the date first written above.

FOR PATHFINDER INTERNATIONAL FOR CONSULTANT

_____________________________ ______________________________

Name Name

_____________________________ ______________________________

Signature and Date Signature and Date

Agreement Schedule

Part A. General Terms and Conditions

Part B. US Government Terms and conditions (if applicable)

Part C. Scope of Work

Part D. Budget

Part E. Invoice Format

Part A. Genral Terms and Conditions

1. Scope of Work. Under this Agreement, the Consultant identified above (hereinafter “Consultant”) will provide to Pathfinder International (hereinafter “Pathfinder”) the professional services and deliverables set forth in the Scope of Work (Annex A), hereby incorporated by reference. Time is of the essence with respect to performance, unless otherwise indicated in the Scope of Work.

2. Term. Pathfinder agrees to engage Consultant, and Consultant agrees to provide the agreed-upon services for the period commencing [date] and ending on [date].

3. Approvals. This agreement is contingent upon receipt of: satisfactory reference checks, background eligibility clearance, and confirmation of work authorization to work in the assigned country/countries. Pathfinder conducts background checks on all short-term Consultants.

4. Relationship. It is understood and agreed that the Consultant is furnishing services to Pathfinder International as an Consultant, and nothing contained in the Agreement between Pathfinder and the Consultant shall create any association, partnership, joint venture, employer-employee or agent-principal relationship.

5. Rate.Select 1: For services performed during the term, the Consultant will be paid in accordance with their daily rate of $XXX.XX per day/hr or (2) For services performed during the term, Consultant will be paid a fixed fee of $XXX.XX.

6. Terms of Payment.

   1. In no event shall the amount paid to Consultant exceed the fixed price or ceiling price, as applicable, stated in Part D. Budget without the express written authorization of Pathfinder.
   2. Invoice Submission. Consultant shall submit invoice(s) to the address to the attention of the Pathfinder employee identified in Article 22 below. Select one: (1)[For fixed-price agreements:] Invoices shall be submitted promptly upon completion of each milestone. (2) [Or for T&M agreements:] Invoices for level of effort (LOE) shall be submitted on a monthly basis. Invoices for all other expenses shall be submitted promptly upon completion of the required products/services.
   3. Not applicable for fixed price agreement*: Level of Effort*. Consultant may not work or be reimbursed for days beyond the maximum approved amount without prior written approval from Pathfinder. The maximum approved level of effort for this Agreement is XX days, based on a five/six-day workweek and including travel. A day is defined as eight (8) work hours.
   4. Method of Payment. Consultant will be paid via [SELECT ONE: (1) direct deposit to a U.S. bank account or (2) wire transfer to an international bank account]. Failure to provide accurate bank information in a timely manner may delay payment.
   5. Timing of Payments. Consultant shall be paid within thirty (30) days after Pathfinder’s receipt of an invoice in the format prescribed in Annex B of this Agreement and acceptance by Pathfinder of the completed products/services in accordance with “Inspection & Acceptance” below, together with any required supporting documentation as described in Article 6.6 below and “Budget” (Annex C). Pathfinder is under no obligation to pay Consultant’s invoices received later than ninety (90) days after completion of the required services/deliverables. Payment of Consultant invoices by Pathfinder shall not constitute final approval of the charges therein. All charges invoiced by Consultant may remain subject to Pathfinder and/or U.S. Government/Client audit and subsequent adjustment. Consultant agrees to reimburse Pathfinder for any costs disallowed by Client.
   6. Inspection & Acceptance. All deliverables shall be subject to final inspection by the individual stated in Article 23 below, and shall be accepted or rejected as promptly as practicable after delivery or performance. If a deliverable or service performed by Consultant is found to be defective, Consultant shall be given the opportunity to correct any deficiencies within a reasonable period of time, not more than 10 days, unless otherwise agreed-to by Pathfinder. If correction of such work is impracticable, Consultant shall bear all risk after notice of rejection and shall promptly make all necessary replacements at its own expense, if so requested by Pathfinder. To the extent that Pathfinder is held financially responsible for any deficiencies in the services performed by the Consultant, the Consultant agrees to cure such deficiencies at the sole cost to the Consultant. Consultant is responsible for any deficiency on the part of its suppliers or subConsultants. Consultant shall be responsible for any additional costs of re-procurement that exceed the fixed price or ceiling price, as applicable, specified in Article 5 as may be necessary for Pathfinder to secure the supplies/services as a result of Consultant’s inability to deliver or perform supplies or services that conform to the requirements of this Agreement.
   7. Late Deliveries. In addition to any remedies available to it in the event of late delivery, Pathfinder may deduct 1% of the amount invoiced for such delivery for each day said delivery was late. This will not exceed 10% of the fixed price or ceiling price, as applicable, set forth in Article 5 above.

7. Confidential Information: Each party shall treat as confidential all information obtained from the other during the course of performance under the Agreement. Neither party shall disclose such information without prior written consent of the other, unless compelled to do so by law. All confidential information disclosed or otherwise made known to the Consultant as a result of the services remains the sole property of Pathfinder.

8. Intellectual Property: The title to all Intellectual Property rights in or in relation to material created during the course of the services, including but not limited to designs, works of authorship, analyses, reports, improvements or processes, vests in Pathfinder upon its creation. These rights include title and interest in patent, copyright, trademark and other proprietary rights. At its sole discretion, Pathfinder may grant to the Consultant, a limited, royalty-free license to use material developed under this Agreement. In addition, nothing in this Agreement shall supersede the rights of donors supporting Pathfinder’s work.

9. Non-Compete. While this Agreement is in effect, the Consultant shall not perform similar services with any party directly or indirectly in competition with Pathfinder without giving prior notice to and obtaining written consent from Pathfinder.

10. Assignment. The Consultant may not assign its rights or responsibilities under this Agreement without the prior written consent of Pathfinder.

11. Non-Solicitation. During the term of this Agreement and for twelve (12) months following its termination the Consultant agrees not to solicit, entice, induce, encourage, or attempt to solicit, entice, induce, encourage any Pathfinder employee, either directly or indirectly, to leave Pathfinder’s employ or to cause or attempt to cause any Pathfinder employee to become employed by any person or business entity competitive with or engaged in the business of Pathfinder.

12. Code of Conduct.

    1. Ethics and Integrity.

The Consultant agrees, in executing this Contract and in performing its obligations in connection therewith, to ensure that it, its officers, directors, employees, agents, lower-tier Consultants and suppliers scrupulously avoid violations of laws, regulations or rules; donor requirements; and ethical standards (“misconduct”).

1. 1. Conflict of Interest.

The Consultant must establish appropriate conflict of interest policies and maintain reasonable business standards, procedures and controls to ensure that no conflicts of interest arise during implementation of this Program. A conflict of interest may occur if an interest or activity influences or appears to influence the ability of an individual to exercise objectivity or impairs the individual’s ability to perform his or her responsibilities in the best interest of the Program. Therefore, Consultant represents that there is no competing interest between Consultant’s performance of this Contract and Consultant's performance under any other contract or agreement to which it is now a party, or intends to become a party to in the future. In the event that Consultant believes that there is any such potential conflict of interest, or any competing interest arises during the term of this Contract or extension thereof, it will advise Pathfinder’s Contractual Contact in writing immediately. For more information on identifying and handling potential and actual conflicts of interest, please contact your Pathfinder Contractual Contact.

1. 1. Improper Payments to Government Officials.

Consultant represents that none of its directors, officers, employees or agents is a Government Official or a member of the immediate family (spouse, parent, child, sibling or sibling's spouse) of a Government Official, and that no Government Official is, directly or indirectly, an owner of or investor in the Consultant, except as may be disclosed to the Pathfinder Contractual Contact.

Consultant agrees that, in performing any activity in connection with this Contract, neither Consultant nor any of its directors, officers, employees, agents, owners or shareholders:

1. will pay, give, or authorize the payment or giving of, any money or anything of

value to any Government Official for the purpose of influencing any act or decision

of such Government Official or otherwise promoting the interests of Pathfinder or the Consultant in any respect.

b. will pay, give or authorize the payment or giving of any money or anything of value

to any third party knowing or having reason to know that such third party will in turn

give all or any portion of the payment or the item(s) of value directly or indirectly to

a Government Official for the purpose of influencing any act or decision of such

Government Official or otherwise promoting the interests of Pathfinder or the Consultant in any respect.

Consultant agrees to promptly notify Pathfinder in writing if, during the term of this Contract (a) any director, officer, employee or agent of Consultant or a member of the immediate family (spouse, parent, child, sibling or sibling's spouse) of any of the foregoing becomes a Government Official, (b) any Government Official becomes, directly or indirectly, an owner of or investor in the Consultant; or (c) Consultant receives a request to take any action which would or might violate its obligations under subsection a or b immediately above.

Consultant represents that neither it nor any of its directors, officers, employees, agents, owners or shareholders (a) have made or authorized any payment, gift or transfer prohibited in subsection (e)(ii) immediately above, and (b) have been accused of, indicted for, or convicted of, making or authorizing any payment, gift or transfer prohibited in subsections a or b immediately above.

Definitions:

"Government Official” includes (i) any official or employee of any government, any political party, or any public international organization, and (ii) any candidate for political office; regardless of whether the person purports to act in a private capacity or serves without compensation.

"government" means any agency, department, embassy, instrumentality or other governmental entity, including any company or other entity owned or controlled by the government.

1. 1. Trafficking in Persons.

During the term of this Contract, Consultant must not engage in:

1. Trafficking in persons (as defined in the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention against Transnational Organized Crime)
2. Procurement of a commercial sex act;
3. Use of forced labor in the performance of this award;
4. Committing any act with respect to employees (including consultants and volunteers) that supports or advances TIP including (i) confiscating identity or immigration documents; (ii) failing to provide return transportation upon request to employees recruited from another country; (iii) making false or misleading representations concerning terms or conditions of employment; (iv) charging recruitment fees to an employee; (v) using recruiters that do not comply with labor laws in the country where the recruitment takes place; (vi) if required by law or contract, failing to provide a written employment agreement or work document setting out employment conditions in a language the employee understands; or (vii) housing employees in substandard conditions

In the event of a violation of this provision, Pathfinder may terminate this Contract immediately, without penalty, and is also authorized to pursue any other remedial actions authorized as stated in section 1704(c) of the National Defense Authorization Act.

1. 1. Anti-Bribery and Corruption

Consultant, its subsidiaries and affiliates must be committed to the highest standards of ethical and legal business conduct. This includes complying, without exception, with the letter and spirit of anti-bribery and anti-corruption laws.

Consultant, its subsidiaries and affiliates are strictly prohibited from:

1. bribery of governmental officials at any rank or level;
2. bribery of any other persons, including persons working for commercial businesses and non-governmental organizations;
3. any involvement in corruption or corrupt practices; and
4. engaging in bribery or corruption indirectly (for example, by channeling improper acts, payments, or requests through a third party).

Consultant agrees that, in connection with this Contract, it, or any person or entity acting on its behalf, will not commit any act or omission which causes or could cause an offence under, any laws relating to anti-bribery and/or anti-corruption including, “facilitation payment”. This is a legal term that refers to a small amount paid to secure or expedite a routine governmental action or service that a Consultant is legally entitled to receive. Facilitation payments are illegal in many countries and violate many donor agreements. Consultant is prohibited from making a facilitation payment without the written approval from Global Procurement Manager.

“Bribery” includes providing anything of value in order to obtain an improper business advantage.

1. “Providing” includes giving, paying, offering, authorizing, or promising to pay, whether done directly or indirectly, such as through a third party;
2. “Anything of value” includes money, gifts, hospitalities (meals, entertainment, hotels), charitable contributions, political contributions, offers of employment or consulting positions, referrals, in-kind services, loans, kickbacks, and stock or other ownership interests.
3. “Improper business advantage” includes obtaining or retaining business, directing business to a particular person or persons, receiving a governmental approval, license, permit or other favorable action, and any other unfair advantage.

“Corruption” and “corrupt practices” include:

1. authorizing improper payments to third parties;
2. agreeing to improper requests or demands of government officials or other persons; and
3. abusing one’s position or otherwise acting improperly or fraudulently for personal benefit of any kind.

Consultant must maintain and enforce policies which are adequate to ensure compliance with anti-bribery and corruption requirements. Consultant must notify Pathfinder in writing as soon as it becomes aware of any breach of this provision and/or has reason to believe that it, its subsidiaries and/or affiliates have engaged in bribery and/or corrupt practices.

In the event of a violation of this provision, Pathfinder may terminate this Contract immediately, without penalty, through written notice.

1. 1. Safeguarding

Pathfinder International is committed to Safeguarding, which means protecting people from harm. Pathfinder International’s commitment encompasses protecting its employees, beneficiaries, and (including but, not limited to children, young people, and vulnerable adults) from bullying, harassment, exploitation, abuse, and any other harm. Consultants are expected to adhere to these commitments.

1. The Consultant is prohibited against using Pathfinder resources (i.e. cash, services, or goods) or associated position of authority to exploit any individual (i.e., coerce them into unwanted physical, sexual, or emotional service); and
2. The Consultant is prohibited against engaging in sexual activity with children (persons under the age of 18) regardless of the age of majority or age of consent locally. Mistaken belief regarding the age of a child is not a defense.
3. The Consultant is prohibited against watching, publishing, producing or sharing pornography showing children (persons under the age of 18);
4. Operations must comply with all applicable local laws and regulations and if there is a question, the Consultant will seek guidance from Pathfinder.
5. The Consultant has a responsibility and obligation to report known or suspected violations (see section B.2.8 for reporting channels).

In addition, the Consultant understands the following principles regarding safeguarding which build upon the Inter-Agency Standing Committee’s (IASC’s) six core principles:

1. Exploitation and abuse perpetrated by Pathfinder representatives constitute acts of gross misconduct and are therefore grounds for termination of employment.
2. Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of majority or age of consent locally. Mistaken belief regarding the age of a child is not a defense.
3. Exchange or money, employment, goods, or services for sex, including sexual favors or other forms of humiliating, degrading, or exploitative behavior is prohibited. This includes exchange of assistance that is due to project participants.
4. Sexual or physical service (e.g. domestic labor) relationships between Pathfinder representatives and project participants are strongly discouraged since they are based on inherently unequal power dynamics. Any pre-existing relationships should be disclosed to one’s manager.
5. Where a Consultant representative develops concerns or suspicions regarding abuse or exploitation by a fellow representative, whether Consultant staff or not, they must report such concerns immediately to Pathfinder via channels below.
6. Consultant representatives have an obligation to contribute to and uphold a work environment that discourages exploitation and abuse in all its forms, including in and out of the office.

In addition, Consultant staff working on the project will be required to participate in initial and annual Safeguarding training and sign Pathfinder’s Standards of Behavior. Pathfinder’s project managers will work with the Consultant to determine which staff need to complete these requirements.

1. 1. Reporting

Any actual or suspected misconduct by the Consultant, a Consultant representative, or party doing business with the Consultant during the execution of this contract and in performing its obligations in connection therewith, must be reported to Pathfinder as soon as reasonably possible after becoming aware of the actual or suspected misconduct.

Reporting Channels:

A. Code of Conduct: Any reports related to the Code of Conduct may be submitted through any of the following mechanisms:

· Contacting Pathfinder’s Programmatic or Contractual Contacts

· Reporting online through EthicsPoint* (available at www.pathfinder.org/ethics)

· Reporting by phone to EthicsPoint * Please locate the applicable phone number in the table below:

Pathfinder Country

Reverse Charge / Collect Calls

Contact your local operator and request a “reverse charge” or “collect call” be placed to the United States using the number listed for your country.

International Toll-Free Service

Dial the toll-free service number for your location

Direct Dial

Dial the access number for your location. At the prompt, dial
855-224-7186

Bangladesh*

Burkina Faso

503-597-4386

Burundi

503-597-4386

Cote d’Ivoire

503-747-1871

DRC

503-597-4386

Egypt (Cairo)

2510-0200

Egypt (Cellular)

02-2510-0200

Ethiopia

503-597-4386

India

000-800-100-1071 or

000-800-001-6112

Kenya

503-597-4386

Mozambique

503-597-4386

Niger

503-597-4386

Nigeria

0-708-060-1816

Pakistan

00-800-01-001

Peru

0800-52116

South Africa

080-09-92604

Tanzania

503-597-4386

Togo*

Uganda

503-597-4386

United States

1-855-224-7186

*Currently, EthicsPoint does not have a reliable telephone service for these countries. Individuals who wish to make an anonymous report from these countries can use the online reporting form at www.pathfinder.org/ethics.

*Note that the EthicsPoint an independent company which permits anonymous reporting in any language

· As applicable for donor reporting:

B. Safeguarding: Any reports related to Safeguarding may be submitted through the channels listed above or by emailing safeguarding@pathfinder.org.

Consultant must inform its employees in writing, in the predominant language of the workforce, of the reporting options outlined in this provision.

1. 1. Protections for Reporting Persons

Consultant may not discharge, demote or otherwise discriminate against any employee as a reprisal for making a disclosure that the employee reasonable believes is evidence of:

• gross mismanagement of funds;
• an abuse of authority relating to the contract;
• a substantial and specific danger to public health or safety;
• a violation of law, rule, or regulation related to the contract.

Consultant must inform its employees in writing, in the predominant language of the workforce, of employee rights and protections regarding reporting.

1. Indemnification. Consultant will indemnify and hold Pathfinder, its employees, and its customers harmless from all penalties, damages and expenses, including attorneys' fees, incurred by Pathfinder and/or its customers (whether or not the agreement is canceled) caused by or arising out of Consultant's breach of any term of this Agreement including, without limitation, the timely performance thereof.
2. Compliance with Law. Consultant’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. This Agreement shall be governed by and construed in accordance with the laws of the state of Massachusetts without regard to the conflict of laws principles thereof.
3. Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions may continue in full force at the discretion of Pathfinder 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.
4. Force Majeure. Any non-performance or delay in performance of any obligation of either party under this Agreement 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 Consultant’s suppliers or any labor disruption affecting Consultant specifically, and not Consultant’s industry generally, constitute Force Majeure for Consultant. If Consultant is affected by Force Majeure, it will (i) promptly provide notice to Pathfinder, 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 Pathfinder, including sourcing substitute providers of services from the market, in order to meet Pathfinders’s required completion dates. Consultant has an ongoing duty to keep Pathfinder apprised of the situation until resolved.
5. Termination for Convenience: Pathfinder International reserves the right to terminate this Agreement or any part hereof for its sole convenience. In the event of such termination, the Consultant shall immediately stop all work hereunder. Subject to the terms of this Agreement, the Consultant shall be paid for services rendered up to the time of termination.
6. Termination for Cause: Pathfinder International may terminate the Agreement or any part thereof, for cause in the event of any default by the Consultant, or if the Consultant fails to comply with any term or condition of the Agreement, or fails to provide Pathfinder upon request with adequate assurance of future performance, or in the event of termination of funding or the prime award for convenience. In the event of termination for cause, Pathfinder shall not be liable to the Consultant for any amount for services not accepted, and Consultant shall be liable to Pathfinder for any and all rights and remedies provided under the Agreement or by law. If it is determined that Pathfinder improperly terminated the Agreement for default, such termination shall be deemed a termination for convenience.
7. Claims and Disputes.
8. 1. In the event of any dispute between Consultant and Pathfinder, a claim by the Consultant must be made in writing and submitted to Pathfinder’s Director of Grants and Contracts, who shall render a decision within thirty (30) days of receipt of the Consultant's claim.
   2. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, that cannot be resolved within a reasonable time following good faith attempts by the Parties shall be finally settled in accordance with the regulations of the American Arbitration Association (AAA). Proceeding shall be conducted in the state of Massachusetts, USA, unless another venue is mutually agreed upon in writing. Judgment upon any award rendered may be entered in any court of competent jurisdiction; provided, however, that the arbitrator shall have no authority to add to, modify, change, or disregard any lawful terms of this Agreement. The Parties expressly agree that the arbitrators shall have no power to consider or award punitive or exemplary damages, or any other multiple or enhanced damages, whether statutory or common law. This agreement to arbitrate shall be binding upon the heirs, successors, assigns, and any trustee, receiver, or executor of each Party. Unless otherwise ordered by the arbitrator, each party shall bear its own costs and fees, including attorneys’ fees and expenses. The Consultant shall proceed diligently with performance of this Agreement pending final resolution of any claim.
9. Consultant Warranties, Representations, and Certifications.
10. 1. The violation of any of the following warranties, representations, or certifications shall represent a material breach and be grounds for termination for cause.
    2. Warranties for Supplies/Services. Consultant 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 or service for which they were intended. Consultant agrees to pass on all manufacturers’ warranties to Pathfinder. Consultant agrees to deliver/provide the products/services which are the subject-matter of this Agreement to Pathfinder free and clear of all liens, claims, and encumbrances. Consultant represents and warrants to Pathfinder that: (i) 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 Pathfinder; or (b) performing any other obligation under this Agreement; and (ii) it will not knowingly incorporate confidential information of any person or entity not a party to this Agreement into any materials furnished to Pathfinder without prior written notice to Pathfinder.
    3. Representations. Consultant represents and : (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 Pathfinder in return for or in connection with the award of this Agreement; (ii) the Consultant has not engaged in bid-rigging or other collusive agreements or behavior with any actual or potential competitor for this Agreement or any other person, which behavior could have had the effect of lessening competition for the award of this Agreement or of raising the price of the Deliverables or the Services procured; (iii) 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 Agreement; and (iv) all statements of material fact contained in any proposal, response, certification, or questionnaire submitted by Consultant or any of its representatives in connection with the solicitation, award or negotiation of this Agreement were true and complete when made.
11. 1. Certifications. Consultant 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 or 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 Assets Control of the U.S. Department of Treasury; (iv) neither it nor its principals have been indicted or convicted on charges of terrorism or of providing support to terrorists; (v) Consultant 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: Consultant 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.tresury.gov/resource-center/sanctions/Pages/default.aspx, and http://www.un.org/Docs/sc/committees/1267/consolist.shtml; and(vi) neither it nor its principals have been indicted or convicted for violating the Trafficking in Persons Policy; (vii) Consultant may not charge under this Agreement any item which has its source in, or is purchased from a supplier which has its nationality in, any restricted countries or prohibited sources, as designated in http://www.usaid.gov/ads/policy/300/310mac; and (viii) Consultant 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 Agreement.
12. Noticies. Except as otherwise noted, all notices, statements, requests, and other communications under this Agreement shall be in writing and shall be considered as having been given if delivered by mail, courier, hand delivery, facsimile or email to the other party at the designated physical address, facsimile number or email address. Notices shall be delivered as follows:

If to Pathfinder:

Pathfinder International

Insert Assignment Manger name:

9 Galen Street, Suite 217

Watertown, Massachuettes 02472 USA

Fax:

Email:

If to Consultant:

Name

Address

Fax:

Email:

1. Waiver. Failure of Pathfinder to enforce at any time or for any period of time any of the provisions of this Agreement will not constitute a waiver of such provisions or of the right of Pathfinder to enforce each and every provision.
2. Expense Report. The Consultant shall be reimbursed for properly documented travel and other expenses incurred in direct support of services performed under this agreement. Travel and other expenses must comply with Pathfinder’s travel policies and procedures for reimbursement, including submission of the Travel Expense Voucher (TEV) forms provided by Pathfinder. Expense reports submitted later than 15 calendar days after the end date of this Agreement will not be paid.
3. Modification. The scope of work and other terms and conditions contained in this Agreement shall not be added to, modified, superseded or otherwise changed except by written modification.
4. Entire Agreement. This Agreement supersedes all prior oral or written agreements, if any, between the parties concerning the work under this Agreement and constitutes the entire agreement between the parties with respect to the work to be performed under this Agreement**.**

Part B. U.S. GOVERNMENT TERMS AND CONDITIONS

If the ICA is not funded under a USG: This section is not applicable under the present Agreement.

NEVER CONTRACT WITH THE ENEMY

The regulations in 2 CFR part 183 affect covered contracts, grants and cooperative agreements that are expected to exceed $50,000 within the period of performance, are performed outside the United States and its territories, and are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities.

DOMESTIC PREFERENCE FOR PROCUREMENTS

(a) As appropriate and to the extent consistent with law, Pathfinder should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).

(b) For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber

This Agreement is financed with U.S. Government (“USG”) funds. Accordingly, the following U.S. Government Terms and Conditions are incorporated by reference into this Agreement, and apply to this Agreement as described below with the same force and effect as if they were set forth in full text. This Agreement is only between Consultant and Pathfinder and shall not be construed in any way to create a direct relationship between Consultant and the U.S. Government.

FUNDING FOR THIS AGREEMENT IS UNDER A USAID ASSISTANCE INSTRUMENT

1. Consultant [SELECT ONE: is/is not] eligible for medical evacuation insurance coverage [SELECT ONE: and/or] overseas workers’ compensation through the Defense Base Act.
2. Only applicable for Construction Contracts:Equal Employment Opportunity. The clause at 41 CFR 60-1.4(b) (http://www.ecfr.gov/cgi-bin/text-idx?SID=945ef8753433ba2d4e41318b0f21ba66&mc=true&node=20150911y1.15) is incorporated herein by reference.
3. Only applicable for Construction Contracts:Davis-Bacon Act, As Amended. The Consultant must comply with the Davis-Bacon Act in 40 U.S.C. 3141-3148 (http://uscode.house.gov/view.xhtml?path=/prelim@title40/subtitle2/partA/chapter31/subchapter4&edition=prelim), as supplemented by U.S. Department of Labor regulations in 29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction” (http://www.ecfr.gov/cgi-bin/text-idx?SID=c961274a08c1423164e297c9d95b4e02&node=pt29.1.5&rgn=div5).
4. Only applicable for Construction Contracts:Copeland Anti-Kickback Act. The Consultant must comply with the Copeland Anti-Kickback Act in 40 U.S.C. 3145 (http://uscode.house.gov/view.xhtml?path=/prelim@title40/subtitle2/partA/chapter31/subchapter4&edition=prelim), as supplemented by U.S. Department of Labor regulations in 29 CFR Part 3, “Consultants and SubConsultants on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States” (http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=29:1.1.1.1.4).
5. Only applicable for Contractsabove $100,00 and that involve mechanics and/or laborers:Contract Work Hours and Safety Standards Act. The Consultant must comply with the Contract Work Hours and Safety Standards Act in 40 U.S.C. 3701-3708 (http://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleII-partA-chap37.pdf), as supplemented by U.S. Department of Labor regulations in 29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction” (http://www.ecfr.gov/cgi-bin/text-idx?SID=c961274a08c1423164e297c9d95b4e02&node=pt29.1.5&rgn=div5).
6. Only applicable for Contractsthat involve experimental, developmental, or research work:Rights to Inventions. If this Agreement is for experimental, developmental or research work, 37 CFR 401 applies to any invention or discovery conceived or first actually reduced to practice in the performance of work under this Agreement which is or may be patentable or otherwise protectable under Title 35 of the United States Code. The U.S. National Institutes of Health EDISON Patent Reporting and Tracking system (http://www.iedison.gov) must be used for disclosures under 37 CFR 401.14(c)(1). Note: This provision is not countermanded by paragraph 14 of the General Business Terms and Conditions set forth above.
7. Only applicable for Contracts above $100,000:Clean Air Act and the Federal Water Pollution Control Act, as Amended. The Consultant must comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act in 42 U.S.C. 7401-7671q (http://www.gpo.gov/fdsys/pkg/USCODE-2010-title42/html/USCODE-2010-title42-chap85.htm) and the Federal Water Pollution Control Act, as amended, in 33 U.S.C. 1251-1387 (http://www.gpo.gov/fdsys/granule/USCODE-2011-title33/USCODE-2011-title33-chap26-subchapI-sec1251/content-detail.html).
8. Only applicable for Contracts above $100,000Byrd Anti-Lobbying Amendment. As required by 31 U.S.C. 1352 (http://www.gpo.gov/fdsys/pkg/USCODE-2010-title31/pdf/USCODE-2010-title31-subtitleII-chap13-subchapIII-sec1352.pdf), by signature on the Cover Page of this Agreement, Consultant certifies that it will not and has not used U.S. Government appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any U.S. Government agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining this Agreement.
9. USAID Standard Provisions. The following USAID standard provisions for U.S. NGOs flow-down and apply to this Agreement. The full text of the USAID standard provisions listed herein may be found at http://www.usaid.gov/ads/policy/300/303maa. References to “USAID,” “Government,” “U.S. Government,” “Agreement Officer (AO),” “Agreement Officer’s Representative (AOR),” etc., mean Pathfinder International USA, Inc. References to “Recipient,” “Awardee,” “Sub-Recipient,” “Sub-Awardee,” “Consultant,” etc., mean the Consultant.

No.

Title

Effective Date

M1

Applicability of 2 CFR 200 and 2 CFR 700

December 2014

M2

Ineligible countries

May 1986

M3

Nondiscrimination

June 2012

M4

Amendment of award

June 2012

M5

Notices

June 2012

M6

Subawards and contracts

December 2014

M7

OMB approval under the paperwork reduction act

December 2014

M8

USAID eligibility rules for goods and services

June 2012

M9

Debarment, suspension, and other responsibility matters

June 2012

M10

Drug-free workplace

June 2012

M11

Equal participation by faith-based organizations

June 2016

M12

Preventing terrorist financing – Implementation of Executive Order 13224

August 2013

M13

Marking and public communications under USAID-funded assistance

December 2014

M14

Regulations governing employees

August 1992

M15

Conversion of United States dollars to local currency

November 1985

M16

Use of pouch facilities

August 1992

M17

Travel and international air transportation

December 2014

M18

Ocean shipment of goods

June 2012

M19

Voluntary population planning activities – mandatory requirements

May 2006

M20

Trafficking in persons

April 2016

M21

Submissions to the Development Experience clearinghouse and publications

June 2012

M22

Limiting construction activities

August 2013

M23

USAID Implementing Partner Notices (IPN) portal for assistance

July 2014

M24

Pilot program for enhancement of grantee employee whistleblower protections

September 2014

M25

Submission of datasets to the Development Data Library (DDL)

October 2014

M26

Prohibition on requiring certain internal confidentiality agreements or statements

May 2017

M27

Child safeguarding

June 2015

M28

Mandatory disclosures

July 2015

M29

Nondiscrimination against beneficiaries

November 2016

RAA1

Negotiated indirect cost rates – predetermined

December 2014

RAA2

Negotiated indirect cost rates – provisional (nonprofit)

December 2014

RAA3

Negotiated indirect cost rate – provisional (profit)

December 2014

RAA4

Exchange visitors and participant training

June 2012

RAA5

Voluntary population planning activities – supplemental requirements

January 2009

RAA6

Protection of the individual as a research subject

April 1998

RAA7

Care of laboratory animals

March 2004

RAA8

Title to and care of property (cooperating country title)

November 1985

RAA9

Cost sharing (matching)

February 2012

RAA10

Prohibition of assistance to drug traffickers

June 1999

RAA11

Investment promotion

November 2003

RAA12

Reporting host government taxes

December 2014

RAA13

Foreign government delegations to international conferences

June 2012

RAA14

Conscience clause implementation (assistance)

February 2012

RAA15

Condoms (assistance)

September 2014

RAA16

Prohibition on the promotion or advocacy of the legalization or practice of prostitution or sex trafficking (assistance)

September 2014

RAA17

USAID disability policy (assistance)

December 2004

RAA18

Standards for accessibility for the disabled in USAID assistance awards involving construction

September 2004

RAA19

Statement for implementers of anti-trafficking activities on lack of support for prostitution

June 2012

RAA20

Eligibility of subrecipients of anti-trafficking funds

June 2012

RAA21

Prohibition on the use of anti-trafficking funds to promote, support, or advocate for the legalization or practice of prostitution

June 2012

RAA22

Universal identifier and system of award management

July 2015

RAA23

Reporting subawards and executive compensation

December 2014

RAA24

Patent reporting procedures

December 2014

RAA25

Access to USAID facilities and USAID’ information systems

August 2013

RAA26

Contract provision for insurance under recipient procurements

December 2014

RAA27

Award term and condition

April 2016

RAA28

Protecting life in global health assistance

May 2017

Select one:If the agreement is a contract/subcontract, select this checkbox and delete #3-10 above (from the previous checkbox up to this point). The numbers should align #1-3.

FUNDING FOR THIS AGREEMENT IS UNDER A USAID AQUISITION INSTRUMENT

The term “FAR” means Federal Acquisition Regulation (48 CFR Chapter 1). The term “AIDAR” means the USAID Acquisition Regulation (48 CFR Chapter 7). The full text of the clauses listed herein may be found at http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48tab_02.tpl. http://www.usaid.gov/ads/policy/300/303maa. References to “USAID,” “Government,” “U.S. Government,” “Contracting Officer (CO),” “Contracting Officer’s Representative (COR),” etc., mean Pathfinder International USA Inc. References to “Consultant,” “SubConsultant,” etc., mean the Consultant.

1. For work to be performed outside the United States, Consultant is eligible for medical evacuation insurance coverage and overseas workers’ compensation through the Defense Base Act. Pathfinder will provide insurance coverage to the Consultant in the manner and to the extent set out in the insurer policy. The coverage is limited to the period of approved business travel.
2. The following regulations are incorporated into this Agreement by reference:

THESE CLAUSES APPLY TO ALL CONTRACTS- This section must match the prime contract with the USG donor. Edit as needed to match. No need to write out each FAR/AIDAR, incorporation by reference is sufficient.

CLAUSE TITLE

Definitions

Restriction on SubConsultant Sales to the Government

Taxpayer Identification

Data Universal Numbering System (DUNS)

Annual Representations & Certifications

Material Requirements

Liquidated Damages (1% of Contract Value/Day)

Terms and Conditions – Simplified Acquisition (Other Than Commercial Items)

Order of Precedence

Convict Labor

Child Labor- Cooperation With Authorities and Remedies

Combatting Trafficking in Persons

Privacy Act Notification

Restrictions on Certain Foreign Purchases

FAR CITE

52.202-1

52.203-6

52.204-3

52-204-6

52.204-8

52.211-5

52.211-11

52.213-4

52.215-8

52.222-3

52.222-19

52.222.50

52.224-1

52.225-13

CLAUSE TITLE

Patent Rights – Acquisition by the Government

Rights in Data – Special Works

Restrictions on Severance Payments to Foreign Nationals

Stop Work Order, Alternate I

Government Delay of Work

Changes-Fixed Price

Subcontracts

Consultant Liability for Personal Injury and/or Property Damage

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

FAR CITE

52.227-13

52.227-17

52.237-8

52.242-15

52.242-17

52.243-1

52.244-2

52.247-21

52.247-27

52.247-63

52.247-64

52.249-2

THESE CLAUSES APPLY TO CONTRACTS THAT EXCEED $10,000

CLAUSE TITLE

Protecting Government’s Interest When Subcontracting with Consultants Debarred, Suspended or Proposed for Debarment

Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000

Prohibition of Segregated Facilities

Affirmative Action Compliance

Equal Opportunity

FAR CITE

52.209-6

52.222-20

52.222-21

52.222-25

52.222-26

CLAUSE TITLE

Equal Opportunity for Veterans

Affirmative Action for Workers With Disabilities

Employment Reports on Veterans

Inspection of Supplies – Fixed Price

FAR CITE

52.222-35

52.222-36

52.222-37

52.246-2

THESE CLAUSES APPLY TO CONTRACTS FOR SERVICES

CLAUSE TITLE

Service Contract Act

HBCU and Minority Institution Representations

Changes – Fixed Price Services, Alternate II

FAR CITE

52.222-41

52.226-2

52.243-1

CLAUSE TITLE

Changes – Time & Materials/Labor Hours

Inspection of Services – Fixed Price

Inspection – Time & Materials/Labor Hours

FAR CITE

52.243-3

52.246-4

52.246-6

THESE FAR CLAUSES APPLY TO CONTRACTS THAT EXCEED $100,000

CLAUSE TITLE

Certificate of Independent Price Determination

Gratuities

Anti-Kickback Procedures

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 Postconsumer Fiber Content 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

52.203-7

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

Acquisition of EPEAT Registered Imaging Equipment

Acquisition of EPEAT Televisions

Authorization and Consent

Notice and Assistance Regarding Patent & Copyright Infringement

Federal, State, and Local Taxes

Taxes – Foreign Fixed-Price Contracts

Taxes-Foreign Cost –Reimbursement Contracts

Interest

Stop-Work Order

Competition in Subcontracting

Consultant 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

52.223-13

52.223-14

52.227-1

52.227-2

52.229-3

52.229-6

52.229-8

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

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

RESERVED

Health and Accident Insurance for AID Participant Trainees

Conflicts Between Contract and Catalog

Required Visa Form for AID Participants

Approvals

Acknowledgement and Disclaimer

Public Notices

AIDAR CITE

752.7009

752.7016

752.7018

752.7022

752.7023

752.7025

752.7034

752.7035

Part C. Scope of Work

Title

Assignment Manager

[Position title]

Project/Proposal

Period of Performance

[If exact dates are not known, specify month/year e.g., August – Sept 2018]

Place of Assignment

Agreement Type: (Select one)

1. Time-and-Materials:

Estimated LOE (days): X days

X days in country + X travel days

1. Fixed-Price

$$$$$

Background

Import from requisition request.

Description of Assignment

Tasks

Deliverables

Part D. Budget

Option 1:

1. Payment Schedule: Fixed Price.
   1. The total fixed price found in Article 5 is inclusive of all costs necessary to perform this Agreement, including, but not limited to: labor, fringe benefits/payroll taxes, travel, materials, delivery (loading, transportation, unloading), all necessary and required insurance and all other costs including taxes and documentation relevant to the origin and transport of materials and other items. The fixed price also includes indirect costs and profit, if any.
   2. Pathfinder is not responsible for any fees, penalties, taxes or costs of, or profit associated with extra services.

Option 2:

1. Payment Schedule: Time-and-Materials.

   1. The total ceiling price found in Article 5 consists of: (A) burdened labor (basic remuneration plus fringe benefits/payroll taxes, indirect costs, and profit, if any); and (B) all other direct costs (except burdened labor) necessary to perform this Agreement, including, but not limited to: travel, materials, delivery (loading, transportation, unloading), all necessary and required insurance (all other costs including taxes and documentation relevant to the origin and transport of materials and other items. The ceiling price is anticipated to be sufficient to cover all labor actually expended and all other direct costs actually incurred during the term of the Agreement. Consultant assumes responsibility for monitoring his/her actual costs expended in performance of this Agreement and for ensuring that the ceiling price is not exceeded.
   2. Burdened Labor. Consultant shall be paid for the actual number of days of burdened labor expended in performance of this Agreement at the fixed burdened unit rates specified below. Consultant must submit a certified time record reflecting the actual number of days performed during the invoice period. The fixed daily rate(s) shall not be changed under any circumstance without prior written modification to this Agreement.
2. 1. Other Direct Costs. Per the terms of Article 24 Consultant will also be reimbursed on an actual-cost basis for the following other direct costs (ODCs). Other direct costs may include: airport transfers- to/from HOR and to/from hotel, lodging, M&IE, Anti-malarial pills, medical exam/inoculations, local transportation- if use of a Pathfinder vehicle is not confirmed, communications- purchase of a SIM card skype credit, postage- to mail any hard copies of the final reports or passport, visa, and danger/hardship pay. The unit amounts specified above are estimates, and Consultant is authorized to adjust the actual unit costs provided that the ceiling price specified in Article 5 is not exceeded. Any other types or quantities of ODCs necessary to perform this Agreement which are not listed above shall be paid by Pathfinder only if prior approval has been issued to the Consultant. Any such approval will not constitute authorization for the Consultant to exceed the ceiling price specified in Article 5 unless Agreement is modified to accommodate this change.

TOTAL MAXIMUM REIMBURSEMENT (USD)

$

1. Allowances.
   1. Consultant will receive allowances for short-term overseas assignments as permitted by the Award and in accordance with prevailing donor regulations and Pathfinder policies. Allowances listed in the Budget (D.1.3) are estimates represented by current rates.
   2. Consultant shall be reimbursed for Danger Pay and Hardship Pay only as specified in the prime agreement and at prevailing government rates, which are subject to change at any time. If the USG’s rates change during the term of this Agreement, Consultant shall be reimbursed at the revised rates, but within the set ceiling price, absent written modification of the Agreement.
   3. Consultant shall be reimbursed for Per Diem while in official travel status more than fifty (50) miles from his/her Home of Record (HOR) as specified. Consultant shall be reimbursed for the actual cost of lodging up to the maximum USG lodging rate for the location where the work is performed, exclusive of VAT unless Pathfinder grants written approval. General guidance regarding foreign per diem rates by location may be found on the U.S. Department of State webpage: http://aoprals.state.gov/web920/per_diem.asp. Domestic per diem rates can be found at the GSA webpage: http://www.gsa.gov/portal/content/104877.
   4. Travel by privately-owned vehicle (POV) may be reimbursed for travel one-way to/from the airport and for other approved domestic travel. Travel by POV will be reimbursed at the mileage rate established by the U.S. General Services Administration (http://www.gsa.gov/portal/content/100715).

Part E. Invoice Format

Consultant Invoice: Agreement Type: Time & Materials Fixed-Price

Consultant Name ____________________ Telephone ____________________

Agreement No. ____________________ Email ____________________

Invoice No. ____________________ Bank Name ____________________

PO # ____________________ Account No. ____________________

Agreement Ceiling ____________________ Routing No. ____________________

Labor

Daily Rate

x LOE (days)

$

Subtotal, Labor

$

Incentive Allowances

Danger Pay

Hardship Pay

$
$

Subtotal, Allowances

$

Other Direct Costs

Transportation

Lodging

Communications

Meeting Expenses

Mileage

Miscellaneous

$

$

$

$

$

$

Subtotal, ODCs

$

Less Advance

-$

TOTAL

$

Consultant Certification

By signing below, Consultant certifies that the quantity of labor shown above represents the actual number of units performed during the billing period, that the other direct reimbursable costs shown above reflect the actual costs incurred, and that services performed conform to the requirements of the above-numbered agreement.

Signature ____________________ Title ____________________

Name ____________________ Date ____________________

Notes:

1. U.S. Citizens, Residents or those holding Permanent Residence Status are required to attach an IRS Form W-9 to the first invoice submitted.
2. An electronic format of this template will be provided.
3. For a time and materials agreement, Consultant is required to attach to this invoice a certified time record to support labor charges billed and receipts or other documentation to support the amount of other direct reimbursable costs being claimed. For international travel, Consultant must complete an international expense report.
4. Failure to provide the required invoice information above will be cause for the invoice to be returned to the Consultant for correction, which may cause delay in payment.

Part E. Invoice Format

Consultant Invoice Agreement Type: Time & Materials Fixed-Price

Consultant Name ____________________ Telephone ____________________

Agreement No. ____________________ Email ____________________

Invoice No. ____________________ Bank Name ____________________

PO # ____________________ Account No. ____________________

Agreement Ceiling ____________________ Routing No. ____________________

Deliverables/Milestones

Date Submitted

Payment

$

$

$

Consultant Certification

By signature below, Consultant certifies that it has completed and submitted the milestone(s)/deliverable(s) specified above and that such milestone(s)/deliverable(s) conform to the requirements of the above-numbered Agreement.

Signature ____________________ Title ____________________

Name ____________________ Date ____________________

Notes:

1. U.S. Citizens, Residents or those holding Permanent Residence Status are required to attach an IRS Form W-9 to the first invoice submitted.
2. An electronic format of this template will be provided.
3. For a time and materials agreement, Consultant is required to attach to this invoice a certified time record to support labor charges billed and receipts or other documentation to support the amount of other direct reimbursable costs being claimed. For international travel, Consultant must complete an international expense report.
4. Failure to provide the required invoice information above will be cause for the invoice to be returned to the Consultant for correction, which may cause delay in payment.

[1] Sendai Framework for Disaster Risk Reduction 2015–2030, 2015

[2] United Nations Office for Disaster Risk Reduction, Sendai Framework for Disaster Risk Reduction 2015- 2030 (Geneva. 2015). http://www.unisdr.org/we/coordinate/sendai-framework.

How to apply

Please refer to the attached RFP for instructions. All submissions to be sent to procurement@pathfinder.org