John Snow Health Zambia Limited

USAID Controlling HIV Epidemic for Key and Underserved Populations (CHEKUP II) Activity

REQUEST FOR PROPOSALS – PROCUREMENT OF CONSULTING SERVICES

RFP No: RFPCU230417

Issuance Date: 11th August 2023

Submission of Quotations:

Deadline for Receipt of Proposals: 17th August, 2023 17:00hrs.

Submission to: procurement_chekupii@jsh-z.com  

Point of Contact: Procurement Lead, USAID CHEKUP II Project

Procurement Description: 

John Snow Health Zambia (herein referred to as “JSH”) is soliciting proposals for consulting services for Baseline Assessment for USAID CHEKUP II Project.

This procurement is funded by the United States Agency for International Development (USAID) and is subject to all applicable Federal Rules and Regulations and Provisions.

Please submit your most competitive proposal in accordance with the attached instructions, with all required certifications. Any award issued as a result of this RFP will be subject to all instructions, certifications, terms and conditions, and specifications included in this RFP. This solicitation document includes the following parts:

PART A: INSTRUCTIONS & STATEMENT OF WORK

PART B: CERTIFICATIONS

PART C: GENERAL TERMS & CONDITIONS

PART D: FUNDER REQUIRED CLAUSES

All proposals, inquiries, and correspondence, pertaining to this solicitation as well as submission of offers, must be clearly referenced “RFPCU230417” and are to be directed to the attention and email stated above.

PART A: INSTRUCTIONS

1. PROPOSAL SUBMISSION INSTRUCTIONS

Interested consultants are invited to submit a technical and financial proposal. The technical proposal should outline the methodology and provide information on the qualifications and experience of the consultant/team members (attach the resumes). The financial proposal should provide the breakdown of all expected costs of the consultancy for the duration highlighted above. These documents should be sent to procurement_chekupii@jsh-z.com by 17:00 hours on 15th August 2023.

2. STATEMENT OF WORK

Background

Led by John Snow Health Zambia (JSH), USAID Controlling HIV Epidemic for Key and Underserved Populations (CHEKUP II) is a USAID Zambia activity that is designed to address the needs of people living with HIV (PLHIV) and those most at risk of acquiring HIV and contribute to HIV mitigation and epidemic control. CHEKUP II seeks to improve the health outcomes of priority and key populations in Zambia’s highest HIV burdened provinces by preventing new HIV infections and ensuring that PLHIV are not only diagnosed, but also initiated on treatment, and attain viral suppression.

Populations to be reached and served by the CHEKUP II Activity are key populations (KP), including men who have sex with men (MSM), female sex workers (FSW), transgender people (TG), and prisoners, as well as priority populations (PP) such as adolescent girls and young women (AGYW) aged 10 to 24, adolescent boys and young men (ABYM) aged 10 to 24, discordant couples, mobile populations, men aged 25 to 34, and PLHIV.

The project has the following objectives:

Identify and reach individuals at high risk of HIV infection in communities.
Identify and link HIV-positive people to HIV treatment and care services.
Capacitate communities to implement community-driven interventions.
Build the capacity of the CHEKUP II implementer and its local sub-partners.

Scope of Work

I. Summary

The CHEKUP II Activity will conduct a mixed methods baseline assessment to inform the design and adaptation of activities under the Activity’s objectives 1-4 and create a baseline to monitor progress over time, including three main components as indicated below:

(1) Secondary data collection of quantitative data from the national DREAMS database (AGYW) that will look at retrospective outcomes including uptake of services among AGYW in the DREAMS spaces; (2) Development and documentation of key population district profiles and documentation of key population size estimates using the 2021 Key population size estimate

(3) A synthesis of findings from recently conducted Human Centered Design workshops among key and priority populations under the USAID CHEKUP II Activity.

The purpose of the overall baseline study is to develop a better understanding of the current health status, risks and vulnerabilities, availability, access and use of clinical and non-clinical HIV-related services among target key and priority populations, and to establish recommendations/ a roadmap for follow-up mid- and end-line data collection.

The data and insights gathered through this baseline study will enable CHEKUP II to design and adapt appropriate interventions, evaluate progress toward its defined outcomes and results, and evaluate the effectiveness of interventions in producing desired outcomes.

II. Activities, Level of Effort (LOE) and timing

The consultant will be supported by, and report to, the Director of Strategic Information. Specific activities and the number of days needed for each include the following:

Activity
1.   Collaboratively develop an implementation and analysis plan that will guide the assessment process. ~ LOE (days) – 5 days ~ Time period – August.
2.   Conduct descriptive analysis on DREAMS extracted data. This will include collaborating with the DREAMS Advisor to ensure that variables of interest to the project are captured in the analysis. ~ LOE (days) – 10 days ~ Time period – August.
3.   Conduct a rapid desk review including secondary data. Sources of information will include previous HCD workshop reports, National AIDS Council Key Populations District profiles, and existing Key Population size estimations and integrated biological and behavioral surveillance (IBBS) reports. ~ LOE (days) – 15 days ~ Time period – August/September.
4.   Present preliminary results in PPT format to get feedback from JSH/ CHEKUP team. ~ LOE (days) – 2 days ~ Time period – September.
5.   Develop and submit draft baseline report based on agreed-upon outline. ~ LOE (days) – 10 days ~ Time period – September.
6.   Finalize and share baseline report and report summary in PPT format, based in JSH/CHEKUP team feedback. ~ LOE (days) – 5 days ~ Time period – September.
7.    Finalize and share district level report based on agreed-upon outline. ~ LOE (days) – 5 days ~ Time period – September.

III. Required Skills and Qualifications

●      Previous experience developing Key population and AGYW (DREAMS) programming

●      Previous experience in Zambia and/or the region

●      Experience in conducting extensive desk reviews

●      Previous experience with the technical content relating to KP and PP-related programming

●      Ability to use secondary data to conduct specific contextual analysis to identify programming gaps that need to be filled

●      Qualitative/participatory research and analysis skills

●      Collaborative working style

●      Ability to produce deliverables in a results-oriented, time-sensitive environment

●      Excellent communication, writing, and organizational skills

IV. Deliverables

• Data collection tools
• Data analysis tables and outputs
• Final baseline report
• Slide deck summarizing the final report
• District level reports

3. COST PROPOSAL REQUIREMENTS

a) Pricing

• Unit price per deliverable and/or service fees and total price quoted net of VAT, duty and taxes in Zambian Kwacha (ZMW)
• JSH is exempted from payment of VAT, taxes and duties. Appropriate documentation will be provided to successful bidders at the time of customs clearance.
• Quotes must include validity of prices, no less than 90 days;
• Disclose in the quotation any legal or regulatory actions pending against the Offeror;
• The Offeror must clearly specify all terms of payment and/or fees;
• The selected Offeror will be required to submit completed and signed certifications in this RFP

b) Business Information Requirements

• Valid business license/ certificate of incorporation.
• Company Profile. This should include an overview of the company’s experience in the supply of these consulting services as stated in this RFP.

4. AWARD BASIS

JSH will evaluate proposals on a best value basis and on overall responsiveness to RFP requirements. To be considered responsive:

• Offers must be submitted on time
• Offers must be responsive to requirements outlined above
• All necessary certifications must be included
• Note; Quotes that don’t meet these requirements may be disallowed from further consideration.

Technical (50 points)

• Degree to which proposal coincides with the request.
• Ability to provide the requested services (organizational capacity assessment)
• Understanding and adherence to the scope of work deliverables.

Service Delivery and Timeline (15 points)

• The agency should submit a detailed timeline for undertaking the capacity assessment

Experience and Past Performance (15 points)

• General experience providing similar services.
• References from clients who have bought similar products preferably international NGOs.
• Quality of previous business relationship with JSH, if any.
• Demonstration of experience in undertaking similar works in the past.
• References (relating to reliability and quality of services) from clients who have bought similar services

Legal (5 points)

• The organization should have legal documents to support their eligibility to be considered as a consultancy agency i.e. certificate of registration, ZRA certificate etc.

Price (Financial Proposal) (15 points)

• Reasonableness of cost proposal for proposed consultancy activities.

OTHER CLAUSES

TERMS OF AWARD

This document is a request for proposals and in no way obligates JSH or its donor to make any award. Please be advised that under a fixed price contract the work must be completed within the specified total price. Any expenses incurred in excess of the agreed upon amount in the PO/ contract will be the responsibility of the contractor and not that of JSH or its donor. Therefore, the offeror is duly advised to provide its most competitive and realistic proposal to cover all foreseeable expenses related to provide requested goods/services.

All deliverables produced under the future award/contract shall be considered the property of JSH. JSH may choose to award a contract for part of the activities in the RFP. JSH may choose to award a contract to more than one offeror for specific parts of the activities in the RFP.

PROPOSAL/QUOTE VALIDITY 

The offeror’s proposal/quote must remain valid for not less than 120 calendar days after the deadline specified above. Quote’s must be signed by an official authorized to bind the offeror to its provisions.

PAYMENT TERMS

JSH payment cycle is net 30 days upon receipt of deliverables, goods/services, inspection and acceptance of goods/services as in compliance with the terms of the award and receipt of vendor invoice. Full cooperation with JSH in meeting the terms and conditions of payment will be given the highest consideration.

FINANCIAL RESPONSIBILITY 

Offerors which are firms and not individuals must include in the capabilities statement that they have the financial viability and resources to complete the proposed activities within the period of performance and under the terms of payment outlined below. JSH reserves the right to request and review the latest financial statements and audit reports of the offeror as part of the basis of the award.

LANGUAGE

The proposal, as well as correspondence and related documents should be in English.

NEGOTIATIONS 

The most competitive proposal is requested. It is anticipated that contracts will be awarded solely on the basis of information received. However, JSH reserves the right to request responses to questions and conduct negotiations with any potential supplier prior to awarding a contract.

REJECTION OF PROPOSALS

JSH reserves the right to reject any and all proposals received, or to negotiate separately with any and all competing offerors, without explanation.

INCURRING COSTS 

JSH is not liable for any cost incurred by offerors during preparation, submission, or negotiation of an award for this RFP. The costs are solely the responsibility of the 0fferor.

MODIFICATIONS 

JSH reserves the right, in its sole discretion, to modify the request, to alter the selection process, to modify or amend the specifications and scope of work specified in this RFP.

CANCELLATION 

JSH may cancel this RFP without any cost or obligation at any time until issuance of the award.

Part B: Certifications

REQUIRED CERTIFICATION

As a condition of accepting a subcontract under this RFP, the selected vendor is required to certify to the following mandatory clause:

CERTIFICATION REGARDING TERRORIST FINANCING

Within the following certification the term “JSH” shall be substituted for the term “USAID”.  “Quote/proposal shall be substituted for the term “application”.

CERTIFICATION:

By signing and submitting this certification, the prospective recipient provides the certification set out below:

1. 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 3.

2. The following steps may enable the Recipient to comply with its obligations under paragraph 1: 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.

b. 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.

c. 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.

d. The Recipient also will implement reasonable monitoring and oversight procedures to safeguard against assistance being diverted to support terrorist activity.

3. For purposes of this Certification:

a. “Material support and resources” means currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.”

b. “Terrorist act” means:

(I) An act prohibited pursuant to one of the 12 United Nations Conventions

and Protocols related to terrorism (see UN terrorism conventions Internet site:

http://untreaty.un.org/English/Terrorism.asp); or

(ii) an act of premeditated, politically motivated violence perpetrated against

noncombatant targets by subnational groups or clandestine agents; or

(iii) any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act.

c. “Entity” means a partnership, association, corporation, or other organization, group or subgroup.

d. 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.

e. The Recipient’s obligations under paragraph 1 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 any agreement issued as a result of this application, and any violation of it shall be grounds for unilateral termination of the agreement by USAID prior to the end of its term.

OFFEROR: _______________________________________

Authorized Signatory: _______________________________________

Title: _______________________________________

Date: __________________

ATTACHMENT 2

REQUIRED CERTIFICATION

As a condition of accepting a subcontract under this RFP, the selected vendor is required to certify to the following mandatory clause:

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR PROPOSED DEBARMENT

By signing and submitting this certification, the prospective recipient provides the certification set out below:

By signing and submitting this certification, the prospective recipient provides the following assertion:  to the best of its knowledge and belief, the prospective recipient and/or any of its Principals are ( ) are  not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for award of contracts by any Federal agency.

OFFEROR: _______________________________________

Authorized Signatory: _______________________________________

Title: _______________________________________

Date: __________________

PART C: GENERAL TERMS & CONDITIONS

1. GOODS AND RELATED SERVICES: The contractor shall deliver the goods and services described on the Purchase Order (PO)/ contract, of the type, in the quantity, at the delivery date and at the price as indicated on the PO/contract.  The quantity of the goods and services shall conform in all respects to the requirements of the PO/contract. All goods (including but not limited to materials, parts, components and sub-assemblies thereof) shall be new, unused, non-remanufactured and non-refurbished.

2. INSPECTION/ACCEPTANCE: The Vendor shall tender for acceptance only those items that conform to the requirements of this purchase order/contract. JSH reserves the right to inspect or test any supplies or services that have been tendered for acceptance. JSH may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in purchase order price. JSH must exercise its post acceptance rights: (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. JSH has unilateral authority to determine if the performance results have been met.

3. INVOICE REQUIREMENTS: Invoices shall be submitted prior to payment. Each invoice shall identify the Vendor’s name, address, invoice number, dates of performance and specify the payment amount. It shall also include a reference to the purchase order number, and specify the goods that have been delivered or the services that have been rendered or the deliverables that have been submitted as a requirement for payment. Upon acceptance of the goods or deliverables by JSH, payment shall be made to the Vendor as per the payment terms and in the currency stated on the purchase order.

4. TERMINATION FOR CONVENIENCE: JSH reserves the right to terminate this purchase order/contract, or any part, for its convenience. In the event of such termination, the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of the purchase order, the Vendor shall be paid a percentage of the purchase order price reflecting the percentage of the work performed prior to the termination.

5. TERMINATION FOR CAUSE: JSH reserves the right to terminate this purchase order/contract, or any part, for cause in the event of any defaults by the Vendor, or if the Vendor fails to comply with the terms and conditions of the purchase order/contract, or fails to provide JSH with adequate assurances of future performance. In the event of termination for cause, JSH shall not be liable for any amount of supplies or services not accepted, and the Vendor shall be liable to JSH for any and all rights and remedies provided by law.

6. WARRANT: Vendor warrants that the goods and/or services delivered and rendered hereunder conform to the purchase order/contract requirements, are free of latent defects, and are merchantable and fit for use for the particular purpose described in the purchase order (or, if no such purpose is specifically described, for the purposes for which the goods or services, as applicable, are ordinarily used).

7. CHANGES: Changes in the terms and conditions of this purchase order may be made only by written amendment issued by JSH.

8. RISK OF LOSS: Unless the purchase order/contract specifically provides otherwise, risk of loss or damage to the supplies provided under this purchase order shall remain with the Vendor until, and shall pass to JSH upon delivery of the supplies to JSH at the destination specified in the purchase order. This clause is applicable to goods only.

9. CONFLICT OF INTEREST: Vendor agrees that there is no conflict of interest in accepting this purchase order/contract, which might affect the ability to conduct fair and useful technical assistance on behalf of JSH.

10. CONFIDENTIALITY: The Vendor agrees to treat all information provided by JSH or gathered during the course of providing services as confidential and privileged and to not publish or disseminate such information or otherwise share such information with any third party without the written consent of JSH.

11. RIGHTS IN WORK PRODUCT: Vendor agrees that JSH retains the entire right, title and interest in all deliverables, data, and other intellectual property produced by the Vendor under this agreement (collectively “Work Product”).  Vendor agrees that the Work Product is specially commissioned and works made-for-hire, and that JSH is deemed the author for copyright purposes. To the extent that any Work Product is not deemed work made-for-hire, Vendor hereby assigns to JSH all its right, title and interest in such Work Product.

12. PRICES: The Prices (Unit Prices and extended prices) specified in the purchase order/contract are firm, fixed, all-inclusive total prices including all taxes or duties as may be applicable, and covering performance of all of Vendor’s

obligations under the purchase order, including, but not limited to, delivery of the goods and/or services in accordance with the purchase order delivery term and performance of all associated and related services.

13. LIQUIDATED DAMAGES: Both parties acknowledge that the time fixed for delivery in this Purchase Order/contract is of the essence as well as the difficulty of ascertaining at the time of contracting the precise nature and amount of actual damages JSH will suffer in the event of Vendor’s delayed performance. In the event of delay in performance, JSH reserves the right, in addition to any other remedies under this PO, to retain as liquidated damages from any payment due the Vendor an amount equal to one percent (1%) of the cost of the PO for every complete week of delay or a part thereof, reckoning from the time fixed by the PO. The total amount of the liquidated damages shall, however, be limited to ten percent (10%) of the value of the delayed contract. The parties agree that these amounts represent a reasonable estimate of the actual damages anticipated at the time of contracting, and confirm they have been negotiated and agreed upon.

14. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION: The Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for disbarment, excluded or otherwise disqualified from participation in this transaction by any U.S. Federal Government department or agency,

15. IMPLEMENTATION OF E.O. 13224 – EXECUTIVE ORDER ON TERRORIST FINANCING: The Vendor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. This includes individuals or entities that appear on the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Treasury (online at:  http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) or the United Nations Security designation list (online at: http://www.un.org/sc/committees/1267/aq_sanctions_list.shtml). It is the legal responsibility of the Vendor to ensure compliance with these Executive Orders and laws.

16. MANDATORY DISCLOSURES/ANTI-TRAFFICKING:

a. Vendor must disclose to JSH any credible evidence received that alleges fraud, conflict of interest, bribery, or gratuity violations potentially affecting this purchase order or the Prime Contract/Agreement. Vendor shall not discharge, demote, or otherwise discriminate against any employee as a reprisal for the employee’s disclosing such information to JSH or an authorized official of a Federal agency. Disclosures of credible evidence must be submitted to the JSH Code of Conduct Helpline via telephone number 1-855-715-2899 or online at www.JSI.ethicspoint.com.

b. JSH is committed to high standards of ethics and integrity including the prohibition of actions that would support trafficking in persons and procedures to prevent such acts and report any violations. As such, JSH’s Anti-Trafficking Policy is incorporated into this purchase order. This policy prohibits JSH and its partners, consultants, vendors, and other agents from engaging in trafficking in persons, procurement of commercial sex acts, use of forced labor, and other acts that directly support or advance trafficking in persons. This policy also requires that Vendor immediately report to JSH any information obtained that alleges that any employee, subcontractor, or subcontractor employee has engaged in trafficking in persons, procured commercial sex acts, or used forced labor in the performance of this purchase order. Violations of the JSH Anti-Trafficking Policy must be reported to the JSH Code of Conduct Helpline via telephone number 1-855-715-2899 or online at www.JSI.ethicspoint.com.

c. By signing this Agreement, the Vendor confirms that the Vendor has read, understands and agrees to comply with the JSH Anti-Trafficking Policy attached.

17. COMPLIANCE WITH LAWS: Vendor explicitly warrants that it is in compliance with all applicable Federal, state and local laws, as amended, including, as applicable, 41 CFR 60-1.4, 41 CFR 60-250.4, and 41 CFR 60-741.4, with respect to nondiscrimination in employment on the basis of race, religion, color, national origin, or sex, equal opportunity, affirmative action, employment of disabled veterans, and veterans of the Vietnam era, and employment of the handicapped. If this is a Purchase Order for services, Vendor also shall not discriminate against any of the intended beneficiaries of the program for which services are provided, such as, but not limited to, by withholding, adversely impacting, or denying equitable access to the benefits provided through the program on the basis of any factor not expressly stated in this agreement.

18. ANTI-LOBBYING: The Vendor, by signing this purchase order/contractor, 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 purchase order.

19. REMEDIES: Violation of any of the terms and conditions of this agreement constitutes grounds for termination of the assignment and may result in the Vendor being barred from future assignments with JSH. The exercise of these rights does not limit JSH’s right to also seek any and all other legal remedies.

20. INDEMNIFICATION: The Vendor shall indemnify and hold JSH harmless from any claim, suit, loss, damage, cost or expenses (including reasonable attorneys’ fees) arising out of or in connection with the Vendor’s negligence, willful misconduct, breach of this agreement, or other legal wrong-doing in any way connected with activities under this Agreement.

21. DISPUTES: In the event of any claims or disputes arising from or relating to this Purchase Order, the parties shall use their best efforts to settle the claims or disputes. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they fail to reach such a solution within sixty (60) days, either Party may refer the matter to arbitration, which shall be the exclusive method of resolving such disputes. The arbitration shall be conducted Lusaka, Zambia. The arbitration shall be administered by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its International Arbitration Rules before a single arbitrator appointed in accordance with such rules.  The results of arbitration shall be final and binding on the Parties and shall be in lieu of any other remedy. Judgment may be entered upon the award in any court of competent jurisdiction.

22. FORCE MAJEURE: Neither party shall be liable in damages for any default in performing hereunder if such default is caused by a force majeure event, including, but not limited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

23. GENERAL:

a. This Purchase Order is the sole and entire agreement between the parties relating to the subject matter hereof, and supersedes all prior understandings, agreements, and documentation relating to the subject matter hereof. This Purchase Order may be amended only by an instrument executed by the authorized representatives of both parties.

b. Every provision of this Purchase Order is intended to be severable. If any term or provision of this agreement is illegal or invalid for any reason, the illegality or invalidity shall not affect the legality or validity of the remainder of this agreement, and all other provisions of this agreement shall remain in full force and effect.

c. This Purchase Order shall be interpreted in accordance with the substantive law of the Republic of Zambia.

PART D: FUNDER REQUIRED CLAUSES

1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE. (a) This contract incorporates one or more clauses by reference. When applicable, these clauses are given the same force and effect as if they were given in full text. Upon request, JSH will make their full text available. Also, the full text of a clause may be accessed electronically at these address(is):

https://www.usaid.gov/ads/policy/300/303maa

(b) For purposes of those clauses that provide for rights, obligations and procedures effecting the Government’s rights and JSH’s obligations under the prime agreement, references to the “Recipient” or “Contractor” shall mean “Vendor” and “Award”, “Agreement” or “Contract” shall mean “Purchase Order”; references to the “Government” shall mean the “Government and JSH”, “the Contracting Officer” shall mean the “Contracting Officer and JSH.” In all other instances, references to the “Government” shall mean “JSH;” references to the “Government Agreement Officer” shall mean the “JSH.”

USAID Standard Provisions for U.S. Nongovernmental Organizations

(ADS Reference 303maa – Mandatory Reference for ADS 303)

Number Title Date M3 NONDISCRIMINATION JUNE 2012

M8 USAID ELIGIBILITY RULES FOR GOODS AND SERVICES JUNE 2012

M17 TRAVEL AND INTERNATIONAL AIR TRANSPORTATION DECEMBER 2014

M18 OCEAN SHIPMENT OF GOODS JUNE 2012 M20 TRAFFICKING IN PERSONS APRIL 2016

M24 PILOT PROGRAM FOR ENHANCEMENT OF GRANTEE EMPLOYEE WHISTLEBLOWER PROTECTIONS

M26 PROHIBITION OF REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

SEPTEMBER 2014 MAY 2017

M29 NONDISCRIMINATION AGAINST BENEFICIARIES NOVEMBER 2016

RAA5 VOLUNTARY POPULATION PLANNING ACTIVITIES – SUPPLEMENTAL REQUIREMENTS (JANUARY 2009)

2. CONDOMS (ASSISTANCE) (SEPTEMBER 2014)

JANUARY 2009

Information provided about the use of condoms as part of projects or activities that are funded under this agreement shall be medically accurate and shall include the public health benefits and failure rates of such use and shall be consistent with USAID’s fact sheet entitled, “USAID HIV/STI Prevention and Condoms.” This fact sheet may be accessed at:

http://www.usaid.gov/sites/default/files/documents/1864/CondomSTIIssueBrief.pdf

The prime recipient must flow this provision down in all sub awards, procurement contracts, or subcontracts for HIV/AIDS activities.

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

(a) This U.S. Government is opposed to prostitution and related activities, which are inherently harmful and dehumanizing, and contribute to the phenomenon of trafficking in persons. None of the funds made available under this agreement may be used to promote or advocate the legalization or practice of prostitution or sex trafficking. Nothing in the preceding sentence shall be construed to preclude the provision to individuals of palliative care, treatment, or post-exposure pharmaceutical prophylaxis, and necessary pharmaceuticals and commodities, including test kits, condoms, and, when proven effective, microbicides.

(b) (1) Except as provided in (b)(2), by accepting this award or any sub award, a non-governmental organization or public international organization awardee/sub awardee agrees that it is opposed to the practices of prostitution

This company is registered as Coalition Health Zambia Limited and this organization’s trading name is John Snow Health Zambia Limited.

and sex trafficking.

(2) The following organizations are exempt from (b)(1):

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

ii. U.S. non-governmental organization recipient’s/sub recipients and contractors/subcontractors iii. Non-U.S. contractors and subcontractors if the contract or subcontract is for commercial items and services as defined in FAR 2.101, such as pharmaceuticals, medical supplies, logistics support, data management, and freight forwarding.

(3) Notwithstanding section (b)(2)(iii), not exempt from (b)(1) are non-U.S. recipients, sub recipients, contractors, and subcontractors that implement HIV/AIDS programs under this assistance award, any sub award, or procurement contract or subcontract by:

I. providing supplies or services directly to the final populations receiving such supplies or services in host countries;

ii. providing technical assistance and training directly to host country individuals or entities on the provision of supplies or services to the final populations receiving such supplies and services; or iii. providing the types of services listed in FAR 37.203(b)(1) -(6) that involve giving advice about substantive policies of a recipient, giving advice regarding the activities referenced in (I) and (ii), or making decisions or functioning in a recipient’s chain of command (e.g., providing managerial or supervisory services approving financial transactions, personnel actions).

(c) The following definitions apply for purposes of this provision:

“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.

“Prostitution” means procuring or providing any commercial sex act and the “practice of prostitution” has the same meaning.

“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act (22 U.S.C. 7102(9)).

(d) The recipient must insert this provision, which is a standard provision, in all sub awards, procurement contracts or subcontracts for HIV/AIDS activities

(e) This provision includes express terms and conditions of the award and any violation of it shall be grounds for unilateral termination of the award by USAID prior to the end of its term.

RFP NO: 2021_01