Request for Quotations (RFQ)

RFQ Number:              GHSC-PSM/RFQ/PMU002/June/24

Issuance Date:                  July 12, 2024

Deadline for Offers:       August 30, 2024

Description:                 Request for quotations for legal services in Burundi

For:                              United States Agency for International Development (USAID) Global Health Supply Chain Program – Procurement and Supply Management (GHSC-PSM) in Burundi

Funded By:                  United States Agency for International Development (USAID),

Contract No. AID-OAA-1-15-00004,

Task Order 1: AID-OAA-TO-15-00007

Task Order 2: AID-OAA-TO-15-00009

Task Order 3: AID-OAA-TO-15-00010

Implemented By:         Chemonics International Inc.

Point of Contact:          PSM Burundi PMU, burundipsmpmu@ghsc-psm.org

***** ETHICAL AND BUSINESS CONDUCT REQUIREMENTS *****

Chemonics is committed to integrity in procurement, and only selects vendors based on objective business criteria such as price and technical merit. Chemonics expects vendors to comply with our Standards of Business Conduct, available at https://www.chemonics.com/our-approach/standards-business-conduct/.

Chemonics does not tolerate fraud, collusion among offerors, falsified proposals/bids, bribery, or kickbacks. Any firm or individual violating these standards will be disqualified from this procurement, barred from future procurement opportunities, and may be reported to both USAID and the Office of the Inspector General.

Employees and agents of Chemonics are strictly prohibited from asking for or accepting any money, fee, commission, credit, gift, gratuity, object of value or compensation from current or potential vendors in exchange for or as a reward for business. Employees and agents engaging in this conduct are subject to termination and will be reported to USAID and the Office of the Inspector General. In addition, Chemonics will inform USAID and the Office of the Inspector General of any vendor offers of money, fee, commission, credit, gift, gratuity, object of value, or compensation to obtain business. Offerors responding to this RFQ must include the following as part of the proposal submission:

• Disclose any close, familial, or financial relationships with Chemonics or project staff. For example, if an offeror’s cousin is employed by the project, the offeror must state this.
• Disclose any family or financial relationship with other offerors submitting offers. For example, if the offeror’s father owns a company that is submitting another offer, the offeror must state this.
• Certify that the prices in the offer have been arrived at independently, without any consultation, communication, or agreement with any other offeror or competitor for the purpose of restricting competition.
• Certify that all information in the offer and all supporting documentation are authentic and accurate.
• Certify understanding and agreement to Chemonics’ prohibitions against fraud, bribery and kickbacks.

Please contact burundipsmpmu@ghsc-psm.org with any questions or concerns regarding the above information or to report any potential violations. Potential violations may also be reported directly to BusinessConduct@chemonics.com or by phone/Skype at 888.955.6881.

Section 1: Instructions to Offerors

1. Introduction: The Global Health Supply Chain Program – Procurement and Supply Management (GHSC-PSM) project is a USAID project implemented by Chemonics International Inc. (Chemonics) in Burundi. The purpose of GHSC-PSM is to ensure uninterrupted supplies of health commodities in support of US Government-funded public health initiatives around the world.  The project provides direct procurement and supply chain management support to the President’s Emergency Plan for AIDS Relief (PEPFAR), the President’s Malaria Initiative (PMI), and USAID’s family planning and reproductive health program.

As part of project activities, GHSC-PSM in Burundi requires reputable local counsel to provide legal assistance and guidance relevant to the Burundian regulatory and legal context to effectively implement GHSC-PSM in compliance with the laws of Burundi. The purpose of this RFQ is to solicit quotations for these services

Offerors are responsible for ensuring that their offers are received by Chemonics in accordance with the instructions, terms, and conditions described in this RFQ.  Failure to adhere with instructions described in this RFQ may lead to disqualification of an offer from consideration.

2. Offer Deadline and Protocol: Offers must be received no later than 5:00 PM local Bujumbura, Burundi time on August 30, 2024, by email to burundipsmpmu@ghsc-psm.org

Please reference the RFQ number in any response to this RFQ. Offers received after the specified time and date will be considered late and will be considered only at the discretion of Chemonics.

3. Questions: Questions regarding the technical or administrative requirements of this RFQ may be submitted no later than 5:00 PM local Bujumbura, Burundi time on August 30, 2024, by email to burundipsmpmu@ghsc-psm.org. Questions must be submitted in writing; phone calls will not be accepted. Questions and requests for clarification—and the responses thereto—that Chemonics believes may be of interest to other offerors will be circulated to all RFQ recipients who have indicated an interest in bidding.

Only the written answers issued by Chemonics will be considered official and carry weight in the RFQ process and subsequent evaluation. Any verbal information received from employees of Chemonics, or any other entity should not be considered as an official response to any questions regarding this RFQ.

4. Scope of Work: Section 3 contains the Scope of Work for the required services.
5. Quotations: Quotations in response to this RFQ must be priced on an hourly-basis for ad-hoc or as-needed services a fixed-price, all-inclusive basis. Prices must be presented in BIF. Prices must be inclusive of all costs (including worker’s compensation insurance mandated by U.S. Defense Base Act (DBA insurance). Offers must remain valid for not less than forty five (45) calendar days after the offer deadline. Offerors are requested to provide quotations on their official quotation format or letterhead; in the event this is not possible, offerors may complete the table in Section 3.

In addition, offerors responding to this RFQ are requested to submit the following:

• Organizations responding to this RFQ are requested to submit a copy of their official registration or business license.
• Individuals responding to this RFQ are requested to submit a copy of their identification card.
• Cover letter, signed by an authorized representative of the Offeror (see Section 4 for template);
• Company profile or 1–2 page introduction to company, areas of expertise and practice, description of the team, and main types of clients (international organization, local for-profit companies, etc.),
• A minimum of three (3) references (with name and contact information) indicating the relevant services carried out in the last three (3) years that best illustrate organization/individual’s qualifications and past performance. References from USAID or similar donor-funded projects are preferred. Independent verification of the references may be carried out. Chemonics reserves the right to obtain past performance information from sources other than those identified by the offeror;
• Narrative description of your firm’s past performance in providing legal services similar to those described in Section 3. This section should not exceed three pages and should describe the offeror’s experience in providing legal services described in Section 3;
• The CV of any persons who would perform the required services described in Section 3 of the RFQ. Offerors must include at least one CV;
• Communication and reporting approach: Communication and reporting plan detailing how the offeror will keep Chemonics informed of legal developments and respond to requests for legal information and advice
• Proof of Professional Liability Insurance: Certificate of professional liability insurance protecting the firm in the event of a professional negligence claim.
• Copy of the Offeror’s legal license(s) as granted by the Burundi Bar Association (applicable to each individual attorney proposed) and certificates of good conduct and Burundi Bar Association membership
• Privacy and Data Protection Policy: A copy of the offeror’s privacy and data protection policy, demonstrating compliance with regulations and best practices for the protection of sensitive and personal information.
• Conflict of Interest Statement: A statement indicating potential conflicts of interest with Chemonics or its partners and a description of how these conflicts will be managed if necessary.
• Federal Funding Accountability and Transparency Act (FFATA) Subaward Reporting Questionnaire, signed by an authorized representative of the Offeror (see Section 5 for questionnaire). This form shall be completed only if the value is over $30,000.

The price quotation be submitted separately from above documents. All other parts of this quotation must not make reference to pricing data in order that the technical evaluation may be made strictly on the basis of technical merit.

6. Delivery: As part of its response to this RFQ, each offeror is expected to provide an estimate (in calendar days) of the delivery timeframe (after receipt of order). The delivery estimate presented in an offer in response to this RFQ must be upheld in the performance of any resulting contract.
7. Source/Nationality/Manufacture:
8. All services offered in response to this RFQ or supplied under any resulting award must meet USAID Geographic Code 937 in accordance with the United States Code of Federal Regulations (CFR), 22 CFR §228. The cooperating country for this RFQ is Burundi.

Offerors may not offer or supply services or any commodities that are manufactured or assembled in, shipped from, transported through, or otherwise involving any of the following countries: Cuba, Iran, North Korea, Syria.

Any and all items that are made by Huawei Technology Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company will not be accepted. If quotes include items from these entities please note that they will be deemed not technically responsive, and excluded from competition.

1. The USG has implemented a blanket prohibition on providing direct government financing to international solar projects that source from suppliers that are the subject of a withhold release order (Hoshine Silicon Industry), on the Commerce Entity List, or otherwise sanctioned for their use of forced labor. The PRC energy companies that were added to the Commerce Entity List for their ties to forced labor are found below.

NOTE: Offerors may not purchase from any of the Suppliers listed below without advance written approval from Chemonics/USAID.

• Hoshine Silicon Industry (metallurgical grade silicon and silicon products) – also subject to a WRO
• Xinjiang Daqo New Energy (polysilicon, wafers)
• Xinjiang East Hope Nonferrous Metals (polysilicon, ingots, wafers)
• Xinjiang GCL-New Energy Material (polysilicon, ingots, wafers, cells, modules)
• Xinjiang Production and Construction Corps (state-owned paramilitary organization, electricity supplier)

This does not mean that all PRC-produced solar panels are immediately blocked. Currently, the restriction is just on any panels or products that are directly purchased using USG funds from any of those above companies. Should the purchase of any solar panels or components be required, Chemonics/USAID prior review and written approval is required.

8. Taxes and VAT: The agreement under which this procurement is financed does not permit the financing of any taxes, VAT, tariffs, duties, or other levies imposed by any laws in effect in the Cooperating Country. No such Cooperating Country taxes, VAT, charges, tariffs, duties or levies will be paid under an order resulting from this RFQ.
9. UEI Number: Companies or organizations, whether for-profit or non-profit, shall be requested to provide a Unique Entity Identifier (UEI) number if selected to receive an award in response to this RFQ valued greater than or equal to $30,000 (or equivalent in other currency). If the Offeror does not have a UEI number and is unable to obtain one before the offer submission deadline, the Offeror shall include a statement noting their intention to register for a UEI number should it be selected as the successful offeror or explaining why registration for a UEI number is not possible. UEI numbers can be obtained online at SAM.gov. Further guidance on obtaining a UEI number is available from Chemonics upon request.
10. Eligibility: By submitting an offer in response to this RFQ, the offeror certifies that it and its principal officers are not debarred, suspended, or otherwise considered ineligible for an award by the U.S. Government. Chemonics will not award a contract to any firm that is debarred, suspended, or considered to be ineligible by the U.S. Government.

Evaluation and Award: The award will be made to a responsible offeror whose offer follows the RFQ instructions, meets the eligibility requirements, and presents the best value based on the evaluation criteria below. The relative importance of each individual criterion is indicated by the number of points. The evaluation method will be the trade-off approach which will entail an analysis to be the best value based on application of the following evaluation criteria. Points will not be awarded for cost which will be primarily evaluated for realism and reasonableness. For overall evaluation purposes of this RFQ, technical evaluation factors other than cost, when combined, are considered approximately equal to cost factors. If technical scores are determined to be equal or nearly equal, cost will become the determining factor.

• Understanding of Legal Requirements (10 points): Offers will be evaluated based on the offeror’s understanding of Chemonics’ legal needs as outlined in the scope of work.
• Experience and Areas of Expertise (20 points): Offers will be evaluated based on the offeror’s experience and areas of expertise, including services provided to similar international organizations, programs, or agencies. Offerors should indicate the number of years of legal experience they have and describe services provided to similar international organizations, programs, or agencies, such as USAID-funded contractors and grantees similar to Chemonics and/or bilateral donors, particularly USAID or UKAid (FCDO), and other bilateral and multilateral donor-funded programs.
• Staff Qualifications (20 points): Offers will be evaluated based on the CVs of the proposed team members to determine if they have the experience and skills to carry out the project according to the criteria specified in the scope of work.
• Past Performance (20 points): Offerors must include 3 past performance references of similar work (under contracts or subcontracts) previously implemented as well as contact information for the companies for which such work was completed. Contact information must include at a minimum: name of point of contact who can speak to the offeror’s performance, name and address of the company for which the work was performed, and email and phone number of the point of contact. Chemonics will assess the past performance of the Offerors by contacting three references who may indicate the Offeror’s past performance for projects of similar size and scope.
• Communication and Reporting Plan (10 points): Offers will be evaluated based on the quality and appropriateness of the proposed communication and reporting plan, detailing how the offeror will keep Chemonics informed of legal developments and how it will respond to requests for legal information and advice

Please note that if there are significant deficiencies regarding responsiveness to the requirements of this RFQ, an offer may be deemed “non-responsive” and thereby disqualified from consideration. Chemonics reserves the right to waive immaterial deficiencies at its discretion. Best-offer quotations are requested. It is anticipated that award will be made solely on the basis of these original quotations. However, Chemonics reserves the right to conduct any of the following:

• Chemonics may conduct negotiations with and/or request clarifications from any offeror prior to award.
• While preference will be given to offerors who can address the full technical requirements of this RFQ, Chemonics may issue a partial award or split the award among various vendors, if in the best interest of the GHSC-PSM Project.
• Chemonics may cancel this RFQ at any time.

Please note that if there are significant deficiencies regarding responsiveness to the requirements of this RFQ, an offer may be deemed “non-responsive” and thereby disqualified from consideration. Chemonics reserves the right to waive immaterial deficiencies at its discretion.

Best-offer quotations are requested. It is anticipated that award will be made solely on the basis of these original quotations. However, Chemonics reserves the right to conduct any of the following:

• Chemonics may conduct negotiations with and/or request clarifications from any offeror prior to award.
• While preference will be given to offerors who can address the full technical requirements of this RFQ, Chemonics may issue a partial award or split the award among various Vendors, if in the best interest of the GHSC-PSM FEWS NET, and Salam Projects in Burundi.
• Chemonics may cancel this RFQ at any time.
• Chemonics may reject any and all offers, if such action is considered to be in the best interest of Chemonics.

Please note that in submitting a response to this RFQ, the offeror understands that USAID is not a party to this solicitation and the offeror agrees that any protest hereunder must be presented—in writing with full explanations—to the GHSC-PSM in Burundi Project for consideration, as USAID will not consider protests regarding procurements carried out by implementing partners. Chemonics, at its sole discretion, will make a final decision on the protest for this procurement.

11. Terms and Conditions: This is a Request for Quotations only. Issuance of this RFQ does not in any way obligate Chemonics, the GHSC-PSM Project, or USAID to make an award or pay for costs incurred by potential offerors in the preparation and submission of an offer.

This solicitation is subject to Chemonics’ standard terms and conditions. Any resultant award will be governed by these terms and conditions; a copy of the full terms and conditions is available upon request. Please note the following terms and conditions will apply:

• Chemonics’ standard payment terms are net 30 days after receipt and acceptance of any commodities or deliverables. Payment will only be issued to the entity submitting the offer in response to this RFQ and identified in the resulting award; payment will not be issued to a third party.
• Any award resulting from this RFQ will be firm fixed price or based on a fixed hourly rate in the form of a legal services agreement under the Chemonics template.
• No services or commodities may be supplied that are manufactured or assembled in, shipped from, transported through, or otherwise involving any of the following countries: Cuba, Iran, North Korea, Syria.
• Any international air or ocean transportation or shipping carried out under any award resulting from this RFQ must take place on U.S.-flag carriers/vessels.
• United States law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. The vendor under any award resulting from this RFQ must ensure compliance with these laws.

1. DEFENSE BASE ACT (DBA) INSURANCE
2. FAR 52.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT INSURANCE) (Jul 2014) [Updated by AAPD 22-01- 6-10-22]

The Subcontractor shall (a) provide, before commencing performance under this Subcontract, such workers’ compensation or security as the Defense Base Act (DBA) (42 U.S.C. 1651, et seq.) requires and (b) continue to maintain it until performance is completed. The Subcontractor shall insert, in all lower-tier subcontracts authorized by Chemonics under this Subcontract to which the Defense Base Act applies, a clause similar to this clause imposing upon those lower-tier subcontractors this requirement to comply with the Defense Base Act. DBA insurance provides critical protection and limits on liability. The Subcontractor shall provide a proof of DBA insurance coverage to Chemonics upon request. Chemonics will verify coverage for, at least, projects in high-risk environments and where Chemonics may be providing security

(b) AIDAR 752.228-3 WORKERS’ COMPENSATION (DEFENSE BASE ACT) [Updated by AAPD 22-01- 6-10-22] As prescribed in AIDAR 728.308, the following supplemental coverage is to be added to the clause specified in FAR 52.228-3.

(1) The Subcontractor agrees to procure DBA insurance pursuant to the terms of the contract between USAID and USAID’s DBA insurance carrier unless the Subcontractor has a DBA self-insurance program approved by the U.S. Department of Labor or has an approved retrospective rating agreement for DBA.

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

(3) The Subcontractor further agrees to insert in all lower-tier subcontracts hereunder to which the DBA is applicable a clause similar to this clause, including the sentence, imposing on all lower-tier subcontractors authorized by Chemonics a like requirement to provide overseas workmen’s compensation insurance coverage and obtain DBA coverage under the USAID requirements contract.

(4) Contractors must apply for coverage directly to Starr Indemnity & Liability Company through its agent, Marsh McLennan Agency (MMA), using any of the following methods:

1. Website. There is a website with the option to print a PDF application form and submit it or complete an online application. The link to the website is: https://www.starr.com/Insurance/Casualty/Defense-Base-Act/USAID—Defense-Base-Act
2. Email. An application form can be emailed to: USAID@marshmma.com
3. Additional Contacts. Contacts for Starr Indemnity & Liability Company and its agent, Marsh MMA are available for guidance and question regarding the required application form and submission requirements:

• Tyler Hlawati (Starr) hlawati@Starrcompanies.com

Telephone: 646-227-6556

• Bryan Cessna (Starr) cessna@starrcompanies.com

Telephone: 302-249-6780

• Mike Dower (Marsh MMA) dower@marshmma.com

Telephone: 703-813-6513

• Diane Proctor (Marsh MMA) proctor@marshmma.com

Telephone: 703-813-6506

For instructions on the required application form and submission requirements, please refer to AAPD 22-01. Pursuant to AIDAR 752.228-70, medical evacuation is a separate insurance requirement for overseas performance of USAID funded subcontracts; the Defense Base Act insurance does not provide coverage for medical evacuation. The costs of DBA insurance are allowable and reimbursable as a direct cost to this Subcontract.

Before starting work, the offeror must provide Chemonics with a copy of the DBA coverage policy that covers each of its employees.