request for quotations (rfq) [acr-088-2019] · 2019-06-10 · page 3 of 34 rfq -acr-088-2019...

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Page 1 of 34 RFQ -ACR-088-2019 Provision of printing and delivery services for Grade 2 and 3 Pashto and Dari Supplementary Reading Material (SRM) in Kabul, Herat, Nangarhar and Laghman Provinces. REQUEST FOR QUOTATIONS (RFQ) [ACR-088-2019] RFQ Number: ACR-088-2019 Description: Provision of printing and delivery services for Grade 2 and 3 Pashto and Dari Supplementary Reading Material (SRM) in Kabul, Herat, Nangarhar and Laghman Provinces. Release Date: June 10, 2019 For: Afghan Children Read (ACR) Contractor: Creative Associates International, Inc., Washington, DC Funded by: United States Agency for International Development (USAID), USAID Contract No. AID-OAA-I-14-00072, Task Order AID-306-TO- 16-00003 Closing Date: June 23, 2019 [04:00PM Kabul Local Time] Creative Associates International, Inc., acting for the Afghan Children Read project in Afghanistan, is soliciting offers for the supply of printing and distribution services described in the attached pages. Creative is implementing an official project of the United States Agency for International Development (USAID) under USAID Contract No. AID-OAA-I-14-00072, Task Order AID-306-TO-16-00003. A Pre-Bid Conference will be held on June 18, 2019 at 10:00am (Kabul Local Time), to provide any clarifications regarding this request for quotations. Date: June 18, 2019 Time: (10:00am) Venue: Creative Associates International, Afghan Children Read (ACR) Program, Street#1, Saleh Muhammad Khan street, House#632, Shash darak, District 9, Kabul, Afghanistan. Offerors who are interested in participating in the pre-bid conference should send the personal details of their representative (name, company name and ID/Tazkera#) to the Creative ACR

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Page 1: REQUEST FOR QUOTATIONS (RFQ) [ACR-088-2019] · 2019-06-10 · Page 3 of 34 RFQ -ACR-088-2019 Provision of printing and delivery services for Grade 2 and 3 Pashto and Dari Supplementary

Page 1 of 34

RFQ -ACR-088-2019 Provision of printing and delivery services for Grade 2 and 3 Pashto and Dari Supplementary Reading Material (SRM) in Kabul, Herat, Nangarhar and Laghman Provinces.

REQUEST FOR QUOTATIONS (RFQ) [ACR-088-2019]

RFQ Number: ACR-088-2019

Description: Provision of printing and delivery services for Grade 2 and 3 Pashto

and Dari Supplementary Reading Material (SRM) in Kabul, Herat,

Nangarhar and Laghman Provinces.

Release Date: June 10, 2019

For: Afghan Children Read (ACR)

Contractor: Creative Associates International, Inc., Washington, DC

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

USAID Contract No. AID-OAA-I-14-00072, Task Order AID-306-TO-

16-00003

Closing Date: June 23, 2019 [04:00PM Kabul Local Time]

Creative Associates International, Inc., acting for the Afghan Children Read project in Afghanistan, is soliciting offers for the supply of printing and distribution services described in the attached pages. Creative is implementing an official project of the United States Agency for International Development (USAID) under USAID Contract No. AID-OAA-I-14-00072, Task Order AID-306-TO-16-00003.

A Pre-Bid Conference will be held on June 18, 2019 at 10:00am (Kabul Local Time), to provide any clarifications regarding this request for quotations. Date: June 18, 2019 Time: (10:00am) Venue: Creative Associates International, Afghan Children Read (ACR) Program,

Street#1, Saleh Muhammad Khan street, House#632, Shash darak, District 9, Kabul, Afghanistan.

Offerors who are interested in participating in the pre-bid conference should send the personal details of their representative (name, company name and ID/Tazkera#) to the Creative ACR

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procurement team via email at [email protected], at least two days before the conference to obtain security clearance All correspondence and/or inquiries regarding this Request for Quotations [RFQ] must reference the above RFQ number and be directed via email to [email protected].

Please submit your offer for the printing and distribution services described in the attached pages in accordance with the terms of the RFQ. This RFQ includes the following sections:

1.0 Introduction 2.0 Instructions to Offerors 3.0 Technical Specifications

Attachment A: Offerors Summary Sheet Attachment B: Statement on Source and Origin Attachment C: Minimum Technical requirements Attachment D: Price Schedule Attachment E: Delivery locations Attachment F: Terms and Conditions

1.0 Introduction

Afghan Children Read is a USAID-funded project implemented by contractor Creative Associates

International, Inc. (Creative). The goal of Afghan Children Read is to support the Government of

the Islamic Republic of Afghanistan (GIRoA) to improve early grade reading. Creative requires

quotations for the provision of printing and delivery services (specifications attached).

2.0 Instructions to Offerors

Offer Deadline: Offers must be received no later than 04:00 PM (Kabul Local Time) on (June 23, 2019) by sealed envelope to the Creative-ACR Tender box:

Creative-ACR Procurement Department

Street #1, Saleh Mohammad Street, House # 632, Shashdarak, District # 9, Kabul,

Afghanistan.

Kabul, Afghanistan.

Bids submitted via email will not be accepted and will be disqualified.

Offers received after the deadline date and time will be considered late and will be

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RFQ -ACR-088-2019 Provision of printing and delivery services for Grade 2 and 3 Pashto and Dari Supplementary Reading Material (SRM) in Kabul, Herat, Nangarhar and Laghman Provinces.

disqualified. 1. Source: All goods and services supplied under this order must meet USAID Geographic

Code 937 (special free world) in accordance with the US Code of Federal Regulations (CFR), 22 CFR 228. This means that items may be from any country with the exception of the seven countries outlined below. The cooperating country for this RFQ is Afghanistan.

2. Under no circumstances may items or items with components from the following

countries be purchased: Iran, Cuba, Iraq, Laos, Libya, North Korea, or Syria.

3. Offerors are also required to indicate the source of all products in Columns B and C.

Per 22 CFR 228, the following definitions apply:

4. Source: “Source” means the country from which a commodity is shipped to the

cooperating country or the cooperating country itself if the commodity is located therein at the time of purchase. However, where a commodity is shipped from a free port or bonded warehouse in the form in which received therein, “source” means the country from which the commodity was shipped to the free port or bonded warehouse.

Offerors are expected to provide information on: Provision of printing and distribution services.

a) Warranty if offered on any equipment must be valid in Afghanistan. Offers not

honoring warranty (if offered) in Afghanistan will be rejected.

b) Offerors shall confirm that all supplied materials are printed in Afghanistan, as Creative ACR program and procurement team will make regular quality assurance visits to the printing facility.

c) Furthermore, the successful Offeror shall be responsible for the reprinting, free of

charge, any material which is inspected by Creative ACR and deemed not to be in compliance with the specifications stipulated in the RFQ.

5. Delivery: Delivery will be arranged by the vendor. All delivery costs will be included

within the price offer. All books/guides must be delivered to the locations as specified in attachment E within 45 working days, once agreement/PO is signed.

6. Quotations: Prices must include delivery and transportation costs to the locations

specified in the price and delivery schedule (Attachment-E). Offers must show unit prices, and total price. At the time of award of Contract or Purchase Order Agreement, Creative reserves the right to vary (increase or decrease) the quantity of services and/or goods, by up to a maximum twenty-five per cent (25%) of the total offer, without any change in the

unit price or other terms and conditions. Quotations must be a fixed price, expressed in

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RFQ -ACR-088-2019 Provision of printing and delivery services for Grade 2 and 3 Pashto and Dari Supplementary Reading Material (SRM) in Kabul, Herat, Nangarhar and Laghman Provinces.

Local Currency.

Offerors shall fill in the unit price for each item in the Quotation/Offer (see Attachment D). For each item, the quantity given in the “Quantity” column shall be multiplied by the unit price and the result entered in the “Total Amount” column. In case of any discrepancy between a unit price and an amount, the unit price will be taken as correct and the amount adjusted accordingly. For any item for which a unit price or amount is not shown, it will be assumed that the Offeror is not including that item in their proposal.

Offers must remain valid for One hundred and twenty (120) calendar days after the offer deadline.

7. Negotiations: Best-offer quotations are requested. Award will be made to a

responsible supplier submitting the lowest price, technically compliant proposal.

Creative may award the procurement in full or in part to one Offeror, multiple Offerors,

or no Offerors.

Creative reserves the right to conduct negotiations and/or request clarifications prior to awarding a contract.

8. Evaluation and Award: The award will be made to a responsible Offeror(s) whose offer

is responsive to the RFQ instructions and meets the source/nationality requirements and the lowest price. A preliminary determination will be made to create a competitive class of offerors. Those in the competitive class will proceed to a final determination evaluation based on the following criteria: Preliminary Examination of the bids:

Documents to be submitted

Details Conform Nonconform

• Offeror must provide valid business license for the same nature of business/printing services.

Evaluation Criteria

Details Conform Nonconform

• Past performance for similar services (at least 3 contracts for similar services (textbooks Printing) with contact details, email address and organization and contract value).

• Ability to meet delivery timelines of 45 working days.

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• Ability to meet the technical requirements as per Attachment-C at the lowest price offered.

Competitive Class Evaluation:

Evaluation Criteria

Details Conform Non-

conform

• Before awarding the contract/PO Creative ACR Procurement Team will conduct a competitive class qualification (site/facility visit) to check the facility for the potential suppliers who meet the minimum technical requirements and offer the lowest prices.

• Samples to be provided within 4 working days after

the PO is awarded.

The proposal will be evaluated based on its responsiveness to the technical requirements listed in Section 3.0 Technical Specification and Attachment C, Minimum technical requirements.

11. Type of Contract: Creative intends to award a Firm Fixed-Priced Purchase Order (PO)

for this activity. Creative may award the procurement in full or in part to one Offeror, multiple Offerors, or no Offerors.

12. Terms and Conditions: This is a Request for Quotations only. Issuance of this RFQ

does not in any way obligate Creative or USAID to award a purchase order, nor does it commit Creative or USAID to pay for costs incurred in the preparation and submission of a proposal. Creative may award the procurement in full or in part to one Offeror, multiple Offerors, or no Offerors. This solicitation is subject to Creative standard terms and conditions. Any resultant award or purchase order will be governed by these terms and conditions.

Final Determination:

Creative will negotiate award to the technically qualified offeror that complies with the delivery

schedule and with the lowest price.

Inspection

ACR will provide final files for printing on the same day that the contract is signed. Samples for

proof reading and approval should be provided 4 days after the soft copy is received from ACR.

The samples should be provided for all the titles as per the technical specification of the RFQ

Attachment C: Minimum Technical Requirements. The selected service provider shall be

responsible for providing Creative written notification prior to each print run. Creative or a

representative will inspect all goods at the service provider’s facility prior to, during, and at the

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completion of each print run. Creative will inspect all print materials to determine whether they

conform to the specifications. Any print materials rejected or in excess of quantities ordered may

be returned to the service provider at no expense to Creative.

Delays in Implementation

If the offeror fails, under his own responsibility, to deliver any or all the goods or perform the services within the time limit of 45 days, Creative shall, without formal notice deduct 1% of the total POA value for each week delay, to a maximum of 5% of the total value of the contract.

Please note:

• The Type of Contract Creative intends to award will be a Firm Fixed Price Purchase Order and

payment will be done after completion of printing and delivery services.

• Creative terms and conditions referenced under Terms and Conditions shall be as attached in

Attachment F.

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RFQ -ACR-088-2019 Provision of printing and delivery services for Grade 2 and 3 Pashto and Dari Supplementary Reading Material (SRM) in Kabul, Herat, Nangarhar and Laghman Provinces.

3.0 Technical Specifications

SEE PAGE 10

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RFQ -ACR-088-2019 Provision of printing and delivery services for Grade 2 and 3 Pashto and Dari Supplementary Reading Material (SRM) in Kabul, Herat, Nangarhar and Laghman Provinces.

Attachment A: Offeror’s Summary Sheet Name of Offeror: Business License Number: Address: Telephone No.:

TOTAL COST Currency AFN

1. Description of Warranty (include name, address, and telephone number of the authorized person certifying that the material will be printed in Afghanistan.)

2. Delivery time (Offerors to acknowledge the implementation schedule for supply and delivery (see Attachment E.)

Signature:

Name: Title: Date:

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RFQ -ACR-088-2019 Provision of printing and delivery services for Grade 2 and 3 Pashto and Dari Supplementary Reading Material (SRM) in Kabul, Herat, Nangarhar and Laghman Provinces.

Attachment B

STATEMENT ON RULES ON SOURCE AND NATIONALITY FOR COMMODITIES AND

SERVICES FINANCED BY USAID

[CITE: 22CFR228.11], [CITE: 22CFR228.14]

Hereby the Offeror certifies that:

He/she has thoroughly studied the Section 2.2 of this RFQ containing “Rules on Source, and Nationality for Commodities and Services financed by USAID” [CITE: 22CFR228.11], [CITE: 22CFR228.14] and his/her company as well as all the components and commodities being offered in his/her Offer to this RFQ meet all required source and nationality eligibility criteria as specified under Section 2.2 of this RFQ.

Name

Title

Signature Date

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RFQ -ACR-088-2019 Provision of printing and delivery services for Grade 2 and 3 Pashto and Dari Supplementary Reading Material (SRM) in Kabul, Herat, Nangarhar and Laghman Provinces.

Attachment C: Minimum Technical Requirements

Physical Specifications for Batch 3 Pashto and Dari Supplementary Reading Materials

No

Title

Gra

de

Lan

guag

e

Illu

stra

tio

ns

Fon

t si

ze

No

of

Pag

es

Form

at

Po

rtra

it/

Lan

dsc

ape

Text

co

lors

Text

Mat

eri

al

Co

ver

colo

rs

Co

ver

Mat

eri

al

Co

ver

Fin

ish

ing

Bin

din

g

Pri

nt

Me

tho

d

Grade 2 Pashto Reading Supplementary Materials

1 Belal and cat

2

Pas

hto

On

e co

lor

full

Illu

stra

tio

n w

ith

tex

t o

n a

pag

e

30

pt

(tex

t)

14

A5

Po

rtra

it

4-c

olo

r

90

gsm

art

pap

er

4-c

olo

r

21

0 G

SM, A

rt C

ard

wit

h U

V

Lum

inat

ed

Gu

mm

ed &

Sta

ble

d

Off

set

CTP

2 Indiscriminate fear 14

3 Masjid is a place of worship 14

4 Jamals' illness 14

5 Environmental cleanliness 14

6 Honey Bee 14

7 Pigeons' baby 14

8 Elders’ rights 14

9 School 14

10 Snake and cat 14

11 Lost pen 14

12 Water pound 14

13 Hoarse and Goat 14

14 Our teachers 14

15 Games 14

16 Mine is dangerous 14

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RFQ -ACR-088-2019 Provision of printing and delivery services for Grade 2 and 3 Pashto and Dari Supplementary Reading Material (SRM) in Kabul, Herat, Nangarhar and Laghman Provinces.

17 Help with disable 14

18 Collective Volunteer Work 14

19 Being punctual 14

20 Friendship and fellowship 14

21 Teacher 14

22 Contentment 14

23 The children 14

24 Guiding's from elders 14

25 Friendship 14

26 Vaccination 14

27 Household Cleanness 14

28 Help 14

Grade 3 Pashto Supplementary Reading Materials

1 Song of Spring

3

Pas

hto

On

e co

lou

r fu

ll ill

ust

rati

on

wit

h t

ext

ever

y

oth

er p

age

24

pt

(tex

t)

14

A5

Po

rtra

it

4-c

olo

r

90

gsm

art

pap

er

4-c

olo

r

21

0 G

SM, A

rt C

ard

wit

h U

V

Lum

inat

ed

Gu

mm

ed &

Sta

ble

d

Off

set

CTP

2 Knowledge 14

3 Kind father 14

4 Pistachios forests 14

5 Water need of life 14

6 Respect 14

7 Ajmal's' glasses 14

8 The ancient city of Ghazni 14

9 Maiwand Malalai 14

10 Mohammad (PBUH) 14

11 Good neighbor 14

12 Peace 14

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RFQ -ACR-088-2019 Provision of printing and delivery services for Grade 2 and 3 Pashto and Dari Supplementary Reading Material (SRM) in Kabul, Herat, Nangarhar and Laghman Provinces.

13 Handicraft 14

14 National treasure 14

15 Vaccine 14

16 Neighbor rights 14

17 Carelessness 14

18 Father 14

19 Our beloved messenger 14

20 Public treasure 14

21 Mother 14

22 Maintain ourselves clean 14

23 Edison and electricity 14

24 Afs 14

25 Saffron 14

26 Garbage 14

27 Family economy 14

28 Help each other 14

Grade 2 Dari Supplementary Reading Materials

1 Prophet Muhammad (PBUH)

2 Dar

i

On

e co

lor

full

Illu

stra

tio

n

wit

h t

ext

on

a p

age

30

pt

(tex

t)

14

A5

Po

rtra

it

4-c

olo

r

90

gsm

art

pap

er

4-c

olo

r

21

0 G

SM, A

rt C

ard

wit

h

UV

Lum

inat

ed

Gu

mm

ed &

Sta

ble

d

Off

set

CTP

2 Ancient fastivals 14

3 Planting trees 14

4 Naw Roz 14

5 Clean Water and testy 14

6 I am not incapable 14

7 Contentment 14

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8 Captive birde 14

9 The Qur'an of Allah's Book 14

10 Pedestrian 14

11 Greetings 14

12 Wish of Jamila 14

13 Kids in the car 14

14 Cleanliness 14

15 The second season of the year 14

16 The source of vitamins 14

17 Father's advice 14

18 Comfortable sleep 14

19 Story book 14

20 Mighty student 14

21 Two reckless rabbits 14

22 Real friends 14

23 Eid al-Adha 14

24 Father dear than soul 14

25 The third season of the year 14

26 New books 14

27 The freedom 14

28 Holidays 14

Grade 3 Dari Supplementary Reading Materials

1 Our pattern is Muhammad

3 Dar

i

On

e co

lor

full

illu

stra

tio

n w

ith

text

eve

ry

oth

er

pag

e

24

pt

(tex

t) 14

A5

Po

rtra

it

4-c

olo

r

90

gsm

art

pap

er

4-c

olo

r

21

0 G

SM,

Art

Car

d

wit

h U

V

Lum

inat

e

d

Gu

mm

ed

& S

tab

led

Off

set

CTP

2 The importance of reading 14

3 Our new school 14

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4 Girl with litle dare 14

5 Kind neighbor 14

6 The winning team 14

7 Kindness of animals 14

8 Earth angel 14

9 patience 14

10 Grand mother garden 14

11 Our city is our home 14

12 Self Confidence 14

13 Eye light 14

14 Exercise is everyday work 14

15 I'm Ancient Herat 14

16 Summer vacation 14

17 orderly girl 14

18 Red Gold 14

19 Teacher's condition 14

20 Mines of Afghanistan 14

21 Kind Lake 14

22 Travel memories 14

23 Dr. Shahla 14

24 Goodness 14

25 Motherland 14

26 Read and tell me what am I 14

27 Lake 14

28 Javad and the kids 14

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Abbreviations:

GSM: Gram Per Square Meter it allows print buyers and print suppliers to know exactly about the quality of paper that is being ordered. The higher the GSM

number, the heavier the paper. Name: ___________________________ Title: _____________________________ Signature: _________________________ Date: _____________________________

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RFQ -ACR-088-2019 Provision of printing and delivery services for Grade 2 and 3 Pashto and Dari Supplementary Reading Material (SRM) in Kabul, Herat, Nangarhar and Laghman Provinces.

Attachment D: Price Schedule

No. Title Grade Language Quantity

for Nangarhar

Quantity for

Laghman

Quantity for Kabul

Quantity for Herat

Total

Cost Per Page (AFN)

Cost Per Book (AFN)

Total Cost (AFN)

1 Belal and cat

Gra

de

2

Pas

hto

5,319 1,488 3,220 72 10,099

2 Indiscriminate fear 5,319 1,488 3,220 72 10,099

3 Masjid is a place of worship 5,319 1,488 3,220 72 10,099

4 Jamals' illness 5,319 1,488 3,220 72 10,099

5 Environmental cleanliness 5,319 1,488 3,220 72 10,099

6 Honey Bee 5,319 1,488 3,220 72 10,099

7 Pigeons' baby 5,319 1,488 3,220 72 10,099

8 Elders’ rights 5,319 1,488 3,220 72 10,099

9 School 5,319 1,488 3,220 72 10,099

10 Snake and cat 5,319 1,488 3,220 72 10,099

11 Lost pen 5,319 1,488 3,220 72 10,099

12 Water pound 5,319 1,488 3,220 72 10,099

13 Hoarse and Goat 5,319 1,488 3,220 72 10,099

14 Our teachers 5,319 1,488 3,220 72 10,099

15 Games 5,319 1,488 3,220 72 10,099

16 Mine is dangerous 5,319 1,488 3,220 72 10,099

17 Help with disable 5,319 1,488 3,220 72 10,099

18 Collective Volunteer Work 5,319 1,488 3,220 72 10,099

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19 Being punctual 5,319 1,488 3,220 72 10,099

20 Friendship and fellowship 5,319 1,488 3,220 72 10,099

21 Teacher 5,319 1,488 3,220 72 10,099

22 Contentment 5,319 1,488 3,220 72 10,099

23 The children 5,319 1,488 3,220 72 10,099

24 Guiding's from elders 5,319 1,488 3,220 72 10,099

25 Friendship 5,319 1,488 3,220 72 10,099

26 Vaccination 5,319 1,488 3,220 72 10,099

27 Household Cleanness 5,319 1,488 3,220 72 10,099

28 Help 5,319 1,488 3,220 72 10,099

1 Song of Spring

Gra

de

3

Pas

hto

4,375 1,006 2,696 66 8,144

2 Knowledge 4,375 1,006 2,696 66 8,144

3 Kind father 4,375 1,006 2,696 66 8,144

4 Pistachios forests 4,375 1,006 2,696 66 8,144

5 Water need of life 4,375 1,006 2,696 66 8,144

6 Respect 4,375 1,006 2,696 66 8,144

7 Ajmal's' glasses 4,375 1,006 2,696 66 8,144

8 The ancient city of Ghazni 4,375 1,006 2,696 66 8,144

9 Maiwand Malalai 4,375 1,006 2,696 66 8,144

10 Mohammad (PBUH) 4,375 1,006 2,696 66 8,144

11 Good neighbor 4,375 1,006 2,696 66 8,144

12 Peace 4,375 1,006 2,696 66 8,144

13 Handicraft 4,375 1,006 2,696 66 8,144

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14 National treasure 4,375 1,006 2,696 66 8,144

15 Vaccine 4,375 1,006 2,696 66 8,144

16 Neighbor rights 4,375 1,006 2,696 66 8,144

17 Carelessness 4,375 1,006 2,696 66 8,144

18 Father 4,375 1,006 2,696 66 8,144

19 Our beloved messenger 4,375 1,006 2,696 66 8,144

20 Public treasure 4,375 1,006 2,696 66 8,144

21 Mother 4,375 1,006 2,696 66 8,144

22 Maintain ourselves clean 4,375 1,006 2,696 66 8,144

23 Edison and electricity 4,375 1,006 2,696 66 8,144

24 Afs 4,375 1,006 2,696 66 8,144

25 Saffron 4,375 1,006 2,696 66 8,144

26 Garbage 4,375 1,006 2,696 66 8,144

27 Family economy 4,375 1,006 2,696 66 8,144

28 Help each other 4,375 1,006 2,696 66 8,144

1 Prophet Muhammad (PBUH)

Gra

de

2

Dar

i

2,094 10,485 12,579

2 Ancient fastivals 2,094 10,485 12,579

3 Planting trees 2,094 10,485 12,579

4 Naw Roz 2,094 10,485 12,579

5 Clean Water and testy 2,094 10,485 12,579

6 I am not incapable 2,094 10,485 12,579

7 Contentment 2,094 10,485 12,579

8 Captive birde 2,094 10,485 12,579

9 The Qur'an of Allah's Book 2,094 10,485 12,579

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10 Pedestrian 2,094 10,485 12,579

11 Greetings 2,094 10,485 12,579

12 Wish of Jamila 2,094 10,485 12,579

13 Kids in the car 2,094 10,485 12,579

14 Cleanliness 2,094 10,485 12,579

15 The second season of the year 2,094 10,485 12,579

16 The source of vitamins 2,094 10,485 12,579

17 Father's advice 2,094 10,485 12,579

18 Comfortable sleep 2,094 10,485 12,579

19 Story book 2,094 10,485 12,579

20 Mighty student 2,094 10,485 12,579

21 Two reckless rabbits 2,094 10,485 12,579

22 Real friends 2,094 10,485 12,579

23 Eid al-Adha 2,094 10,485 12,579

24 Father dear than soul 2,094 10,485 12,579

25 The third season of the year 2,094 10,485 12,579

26 New books 2,094 10,485 12,579

27 The freedom 2,094 10,485 12,579

28 Holidays 2,094 10,485 12,579

1 Our pattern is Muhammad

Gra

de

3

Dar

i

1,875 9,845 11,720

2 The importance of reading 1,875 9,845 11,720

3 Our new school 1,875 9,845 11,720

4 Girl with litle dare 1,875 9,845 11,720

5 Kind neighbor 1,875 9,845 11,720

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6 The winning team 1,875 9,845 11,720

7 Kindness of animals 1,875 9,845 11,720

8 Earth angel 1,875 9,845 11,720

9 patience 1,875 9,845 11,720

10 Grand mother garden 1,875 9,845 11,720

11 Our city is our home 1,875 9,845 11,720

12 Self Confidence 1,875 9,845 11,720

13 Eye light 1,875 9,845 11,720

14 Exercise is everyday work 1,875 9,845 11,720

15 I'm Ancient Herat 1,875 9,845 11,720

16 Summer vacation 1,875 9,845 11,720

17 orderly girl 1,875 9,845 11,720

18 Red Gold 1,875 9,845 11,720

19 Teacher's condition 1,875 9,845 11,720

20 Mines of Afghanistan 1,875 9,845 11,720

21 Kind Lake 1,875 9,845 11,720

22 Travel memories 1,875 9,845 11,720

23 Dr. Shahla 1,875 9,845 11,720

24 Goodness 1,875 9,845 11,720

25 Motherland 1,875 9,845 11,720

26 Read and tell me what am I 1,875 9,845 11,720

27 Lake 1,875 9,845 11,720

28 Javad and the kids 1,875 9,845 11,720

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Transportation Cost to Kabul Province (Shakar Darah, Deh Sabz, PD 12 and Bagrami Districts) AFN:

Transportation Cost to Province (8 Districts including Herat city Districts) AFN:

Transportation Cost to Nangarhar and Laghman Province (2 districts in Laghman and 6 Districts in Nanagarhar including Jalal Abad City) AFN:

Grand Total AFN:

Please note the total cost should be all inclusive costs other than the above price schedule, the quantity may increase or decrease per office requirement.

Name: ___________________________ Title: _____________________________ Signature: _________________________ Date: _____________________________

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Attachment E: Delivery locations

S. No. District School Name Public/CBE Language

1 PD-12 Hazrat Ibrahim khalilullah High school Public Pashto

2 PD-12 Ghulam Sediq Mhbi High school Public Pashto

3 PD-12 Bebe Aisha Sediqa girls high school Public Pashto

4 PD-12 Ghazi Meer Zaman Khan girls High school Public Pashto

5 PD-12 Shahid Mawlod Baydwar High school Public Pashto

6 PD-12 Ghazi Mohammad Shah Khan High school Public Pashto

7 PD-12 Gul Pacha Ulfat high school Public Pashto

8 PD-12 Abdul Rauf Benawa High school Public Pashto

9 PD-12 Mohammad Akbar Pamir girls High school Public Pashto

10 PD-12 Qeyam uddin Khadam High school Public Pashto

11 PD-12 Puli Charkhi Girls High school Public Pashto

12 PD-12 Mohammad Ibrahim Khakhozai High school Public Pashto

13 PD-12 Sediqullah Reshteen High school Public Pashto

14 PD-12 Khan Abdul Ghafar Khan High school Public Pashto

15 PD-12 Ahmad Shah Baba Mina Girls High school Public Pashto

16 PD-12 Ghulam Mohammad Farhad High school Public Pashto

17 PD-12 Abdul Qayoom Wardak High school Public Pashto

18 PD-12 Puli Charkhi boys high school Public Pashto

19 PD-12 Shams tabrizi primary school Public Pashto

20 PD-12 Shahrak Hassanzai Primary school Public Pashto

21 PD-12 Mojahid Primary school Public Pashto

22 PD-12 Hazrat Omar bin khetab primary school Public Pashto

23 PD-12 Mohammad Mosa Shafiq High school Public Pashto

24 DehSabz Baba Qashqar High school Public Pashto

25 DehSabz Baba Qashqar CBE School Public Pashto

26 DehSabz Qala Mohammad Baba Primary school Public Pashto

27 DehSabz Khawja Ghar Secondary school Public Pashto

28 DehSabz Shena Zhawar primary school Public Pashto

29 DehSabz Shaikh Saad uddin Ansar High school Public Pashto

30 DehSabz Kochi hay hussain khel Public Pashto

31 DehSabz Deh sabz khas girls school Public Pashto

32 DehSabz Tarakhel girls primary school Public Pashto

33 DehSabz Kata khel secondary school Public Pashto

34 DehSabz Deh sabz khas boys high school Public Pashto

35 DehSabz Shekho boys secondary school Public Pashto

36 DehSabz Shekho girls primary school Public Pashto

37 DehSabz Ghulam Qader primary school Public Pashto

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38 DehSabz Tarakhel boys high school Public Pashto

39 DehSabz Baba Qashqar girls secondary school Public Pashto

40 DehSabz Harfawe Baba qashqar Public Pashto

41 DehSabz Qala Gulbaz Primary school Public Pashto

42 DehSabz Qala Shah Mohammad Primary school Public Pashto

43 DehSabz Ghazi Abad High school Public Pashto

44 DehSabz Abdara High school Public Pashto

45 DehSabz Qala Aqa Mohammad Primary school Public Pashto

46 DehSabz Safi kot primary school Public Pashto

47 DehSabz Solha High school Public Pashto

48 DehSabz Tarakhel girls high school Public Pashto

49 DehSabz Alla Gul Mojahid girls primary school Public Pashto

50 Shakardara Qalla-e-Muradbik High School Public Dari

51 Shakardara Mohammad Hassan Khan School Public Dari

52 Shakardara Haji. Paik High school Public Dari

53 Shakardara Ghaza School Public Dari

54 Shakardara Ghaza Girls School Public Dari

55 Shakardara Shakardarar High school Public Dari

56 Shakardara Behzadi School Public Dari

57 Shakardara Shakardarar girls High school Public Dari

58 Shakardara Karez girls School Public Dari

59 Shakardara Bala Karez High school Public Dari

60 Shakardara Dara-e-Gulli School Public Dari

61 Shakardara Qullab School Public Dari

62 Shakardara Anjirak school Public Dari

63 Shakardara Aqa Ali Khwaja School Public Dari

64 Shakardara Wazir Gul Shahid Public Dari

65 Shakardara Ibrahim Khail School Public Dari

66 Shakardara Basic Eduction Public Dari

67 Shakardara Dasht-e-Jalu School Public Dari

68 Shakardara Jahan Shah School Public Dari

69 Shakardara Alfatha School Public Dari

70 Shakardara Bunyade Karimullah Public Dari

71 Shakardara Khwaja Wojud School Public Dari

72 Shakardara Qala Murad Bek Primary school Public Dari

73 Shakardara Loko Primary school Public Dari

74 Shakardara Tolat Primary School Public Dari

75 Shakardara Koh Bacha School Public Dari

76 Shakardara Dara High school Public Pashto

77 Shakardara Boyazar School Public Pashto

78 Shakardara Hazrat Osman School Public Pashto

79 Shakardara Danishmand School Public Pashto

80 Shakardara Mohammad Ishaq School Public Pashto

81 Shakardara Sirak school Public Pashto

82 Shakardara Eltefat school Public Pashto

83 Shakardara Boyazar girl School Public Pashto

84 Shakardara Jangalak School Public Pashto

85 Shakardara Kochi High school Public Pashto

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86 Shakardara Cheshma-e-Osman School Public Pashto

87 Shakardara Akhund Khail School Public Pashto

88 Shakardara Omer Zai School Public Pashto

89 Shakardara Jangi khail School Public Pashto

90 Shakardara Char Khail School Public Pashto

91 Shakardara Takht School Public Pashto

92 Shakardara Alghavi School Public Pashto

93 Shakardara Dara girls high school Public Pashto

94 Shakardara Danishmand girls High school Public Pashto

95 Shakardara Kochkin School Public Pashto

96 Bagrami Abdul Shakur Reshah High School

Public Pashto

Dari

97 Bagrami Shewaki Boys high school

Public Pashto

Dari

98 Bagrami Sanator Janat Gul Boys High school Public Pashto

100 Bagrami Kamari Boys High school

Public Pashto

Dari

101 Bagrami Sahak Boys High School

Public Pashto

Dari

102 Bagrami Malak Gul Rahman Boys High school

Public Pashto

Dari

103 Bagrami Hussain Khail High school

Public Pashto

Dari

104 Bagrami Allo Khail High School

Public Pashto

Dari

105 Bagrami Weyar Ahmadzai High school

Public Pashto

Dari

106 Bagrami Aref Zarif High school

Public Pashto

Dari

107 Bagrami Omar Olumi High school

Public Pashto

Dari

109 Bagrami Yahkhdara High school

Public Pashto

Dari

110 Bagrami Qalla-e-Noman Hjigh school Public Pashto

111 Bagrami Qalla-e-Ahmad Khan Girls High school Public Pashto

112 Bagrami Both Khak girls High school

Public Pashto

Dari

113 Bagrami Sahak Girls high school Public Pashto

114 Bagrami Bagrami girls High school

Public Pashto

Dari

115 Bagrami Malak Gul Rahman girls high school Public Pashto

116 Bagrami Kochi Tribes Ahmad Zai Middle School Public Pashto

117 Bagrami Qala-e-Jabar Khan Middle school Public Pashto

118 Bagrami Janat Gull no 1 middle school Public Pashto

119 Bagrami Janat Gull no 2 middle school Public Pashto

120 Bagrami Qalla-e-Rahbaz Middle school

Public Pashto

Dari

121 Bagrami Mirwais Mina Middle school Public Pashto

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122 Bagrami Zafran Middle School Public Pashto

123 Bagrami Shamali Shahid Middle school Public Pashto

124 Bagrami Ali Jan Aka Khail Middle School

Public Pashto

Dari

125 Bagrami Naw Abad Middle school

Public Pashto

Dari

126 Bagrami Gulbotah Middle School Public Pashto

127 Bagrami Qala-e-Khandar Middle School Public Pashto

128 Bagrami Charkha Ab Middle school

Public Pashto

Dari

129 Bagrami Wardak Mina Middle school Public Pashto

130 Bagrami Etefaq Primery school

Public Pashto

Dari

131 Bagrami Gulzaman Abad Primery school Public Pashto

132 Bagrami Qala-e-Shanan Primery school Public Pashto

133 Bagrami Janat gul no 3 primery school Public Pashto

134 Bagrami Janat gul no 4 Primery school Public Pashto

135 Bagrami Janat Gul no 5 primery school Public Pashto

136 Bagrami Janat Gul no 6 primery school Public Pashto

137 Bagrami Janat Gul no 7 Primery school Public Pashto

138 Bagrami Janat Gul no 8 Primery school Public Pashto

139 Bagrami Shahid Abdullah Primery school Public Pashto

140 Bagrami Pacha Khan Primery School Public Pashto

141 Bagrami Gosfandara Primery School Public Pashto

142 Bagrami Sya Beni Primery school

Public Pashto

Dari

143 Bagrami Jahangir Primery School

Public Pashto

Dari

144 Bagrami Habib Jan Primery School Public Pashto

145 Bagrami Mobile Kochi Primery School Public Pashto

146 Bagrami Noburja Girls Primery School Public Dari

147 Bagrami Qalla-e-Ahmad Khan Boys High school Public Dari

148 Bagrami Shina Boys high school Public Dari

149 Bagrami Kamari girls high school Public Dari

150 Bagrami Shina girls high school Public Dari

151 Bagrami Shewaki girls high school Public Dari

152 Bagrami Qalla-e-Wazir girls high school Public Dari

153 Bagrami botkhak Boys High school Public Dari

154 Bagrami Naw Burja Primery school Public Dari

155 PD-12 Hazrat Ibrahim khalilullah High school Public Dari

156 PD-12 Ghulam Sediq Mhbi High school Public Dari

157 PD-12 Bebe Aisha Sediqa girls high school Public Dari

158 PD-12 Ghazi Meer Zaman Khan girls High school Public Dari

159 PD-12 Shahid Mawlod Baydwar High school Public Dari

160 PD-12 Ghazi Mohammad Shah Khan High school Public Dari

161 PD-12 Gul Pacha Ulfat high school Public Dari

162 PD-12 Abdul Rauf Benawa High school Public Dari

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163 PD-12 Mohammad Akbar Pamir girls High school Public Dari

164 PD-12 Qeyam uddin Khadam High school Public Dari

165 PD-12 Puli Charkhi Girls High school Public Dari

166 PD-12 Mohammad Ibrahim Khakhozai High school Public Dari

167 PD-12 Sediqullah Reshteen High school Public Dari

168 PD-12 Khan Abdul Ghafar Khan High school Public Dari

169 PD-12 Ahmad Shah Baba Mina Girls High school Public Dari

170 PD-12 Ghulam Mohammad Farhad High school Public Dari

171 PD-12 Abdul Qayoom Wardak High school Public Dari

172 PD-12 Puli Charkhi boys high school Public Dari

173 PD-12 Shams tabrizi primary school Public Dari

174 PD-12 Shahrak Hassanzai Primary school Public Dari

175 PD-12 Mojahid Primary school Public Dari

176 PD-12 Hazrat Omar bin khetab primary school Public Dari

177 PD-12 Mohammad Mosa Shafiq High school Public Dari

178 DehSabz Payanmar boys High school Public Dari

179 DehSabz Shahrak Mohammadia High school Public Dari

180 DehSabz Usman Ghani Primary school Public Dari

181 DehSabz Deh Yahya girls High school Public Dari

182 DehSabz khawja chast girls school Public Dari

183 DehSabz Deh yahya boys high school Public Dari

184 DehSabz Nawabad Bakhtyaran primary school Public Dari

185 DehSabz Shahrak Erfan High school Public Dari

186 DehSabz techniq academic High school Public Dari

187 DehSabz Khawja chast boys high school Public Dari

188 DehSabz Mohammad Jan khan boys school Public Dari

189 DehSabz Mohammad jan khan girls high school Public Dari

Note: The transportation will take place once the books are packaged in the boxes based on the number of schools and delivery schedule provided by ACR, this will be done once the potential supplier is identified. Name: ___________________________ Signature: _________________________

Title: _____________________________ Date: _____________________________

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Attachment F: Terms and Conditions (ToC)

TERMS AND PROVISIONS

1) AGREEMENT AND CONDITIONS - This order and documents specifically incorporated

herein by reference contain all the agreements and conditions made between Creative and Subcontractor and supersede and replace all other agreements between Creative and Subcontractor. It may be modified in writing only, signed by the parties hereto.

2) COMPLETE AGREEMENT - This order, including any supplemental sheets, schedules,

exhibits, and riders annexed by Creative hereto, contains the complete and entire agreement between parties, superseding any previous communications, representations, or agreements, whether verbal or written, with respect to the subject matter hereof.

3) ACCEPTANCE - Unless otherwise provided herein, Subcontractor's acknowledgment of

this order or commencement of any work or performance of any services hereunder shall constitute acceptance by Subcontractor of this order and all of its terms and conditions. No term or condition stated by Subcontractor in acknowledging or otherwise accepting this order shall be binding upon Creative unless specifically accepted in writing by Creative. Any objection by Subcontractor will be ineffective unless Creative is advised in writing thereof within 10 days of the order.

4) LIQUIDATED DAMAGES – the time fixed for delivery is the essence of the contract, and all damages for late delivery or any other form of non-compliance with the contract terms shall be strictly enforced. In the event of delay in performance Creative reserves the right to retain as liquidated damages from any money due to the contractor an amount equal to one (1) percent of the cost of the undelivered portion for every week of delay or a part thereof, reckoning from the time fixed by the contract. The total amount of the liquidated damages shall, however, be limited to five (5%) percent of the value of the delayed contract.

The exercise of this liquidated damages penalty is not intended as the absolute remedy

for delinquent or deficient performance. Creative reserves the right to exercise all

other options available for delinquent or deficient performance including the right to

terminate the contract.

5) SUBCONTRACTS - Not Applicable.

6) ASSIGNMENT - Subcontractor will not assign this order or any rights thereunder or any

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monies due or to become due thereunder without the prior written consent of Creative, and no purported assignments by Subcontractor shall be binding on Creative without its written consent thereto.

7) INDEMNIFICATION - It is expressly understood that the Subcontractor shall hold

Creative harmless and indemnify it in respect to any loss or claim that may arise by virtue of, on the Subcontractor’s part, any professional misconduct, breach of trust, illegal acts or acts contrary to the applicable Government statutes. The Subcontractor, Creative, and the U.S. Government, if applicable, shall be mutually relieved from any liability as a result of the onset of a force majeure condition.

8) GOVERNING LAW AND LANGUAGE - This Purchase Order Agreement is governed by the

laws of the Government of The United States of America. All notices pursuant to the provisions of this Purchase Order Agreement shall be in English.

9) INDEPENDENT CONTRACTOR STATUS - This Agreement is made with Subcontractor as an independent contractor and not as an employee of Creative. Creative hereby retains Subcontractor and Subcontractor agrees to perform professional services for Creative.

10) COPYRIGHTS - Subcontractor agrees that all copyrightable material produced by

Subcontractor under this Purchase Order shall be a work for hire and, as such, the sole property of Creative. Creative shall have exclusive rights to reproduce such materials in any country or countries.

11) PATENTS - Subcontractor guarantees that the sale and use of each and all articles and things now or hereafter delivered hereunder will not infringe any patent or copyright; that Subcontractor will, at its own expense, defend any action, suit, or claim or assist in defense thereof, including any brought against the U.S. Government, in which an infringement of any patent or copyright is alleged with respect to the sale or use of such articles or things; and that Subcontractor will indemnify and save harmless Creative and its customers and uses, including the U.S. Government, from any and all losses, costs, and damage for infringement or alleged infringement of any patent or copyright because of the sale or use of such articles or things.

12) PATENT RIGHTS - Subcontractor will disclose promptly to Creative all ideas, inventions,

discoveries, and improvements, hereinafter referred to as "Subject Inventions", whether or not patentable, relating to the work hereunder that are in the performance of its work under this Purchase Order. Subcontractor agrees to keep a written record of its technical activities and that all such records and such Subject Inventions shall become the sole property of Creative. During or subsequent to the period of this Purchase Order, Subcontractor will execute and deliver to Creative all such documents and take such other actions as may be reasonably required by Creative to assist it in obtaining patents

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and vesting in Creative, or its designee, title to said Subject Inventions.

13) PROPRIETARY - Subcontractor agrees that all information disclosed, obtained, or discovered by Subcontractor or its representatives from, but not limited to, drawings, prints, publications, specifications, processes, manufacturing techniques, verbal explanations, schedules and the like, as a result of this order, are received in confidence and are the proprietary property of Creative, and that such information shall not be reproduced or used by Subcontractor or transmitted or disclosed to any person or organization by Subcontractor, without the prior written consent of Creative, provided, however, that upon prior written notice to Creative, Subcontractor shall have the right to use such information in the manufacture of end items for direct sale to the U.S. Government to the extent the U.S. Government has the right to authorize such use by Subcontractor, and further provided that Subcontractor identifies to Creative the information to be used, and to the extent practicable prominently identifies each such end item as being manufactured by the Subcontractor for direct sale to the U.S. Government.

14) WAIVER - The failure of Creative in any one or more instances to insist upon

performance of any of the terms or conditions or this order, or to exercise any right or privilege in this order contained, or the waiver of any breach of the terms or conditions of this order shall not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same will continue and remain in force and effect as if no waiver had occurred.

15) CREATIVE'S PROPERTY - If Creative furnishes material or special dies, molds, jigs, or

tools, title thereto shall remain with Creative, and Subcontractor shall dispose of or credit scrap and unused material and such special dies, molds, jigs, and tools as Creative may direct. Creative does not require Subcontractor to carry any insurance on any such property furnished by Creative, and Subcontractor will not include insurance cost therefore in the price under this order. If the cost of special dies, molds, jigs or tools involved in the manufacture of supplies covered by this order is amortized or included in the price hereunder, the same shall become the property of Creative under completion or termination of this order and will be disposed of as Creative may direct.

16) RISK OF LOSS - Subcontractor will bear all risk of loss on supplies called for by this order until final acceptance by Creative, or its customer at destination, unless otherwise specified in this order, except for loss occasioned by gross negligence of Creative or its customer. Subcontractor also assumes all risk of personal injury, and all risk of damage to or loss of personal property furnished by it.

17) LIABILITY FOR INJURY - Subcontractor agrees to be responsible for, and to indemnify

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and save harmless, Creative and its employees and customers from any and all injury, death, damage, and loss to persons or property arising from or incident to the work to be performed by Subcontractor pursuant to the order, whether performed on the premises of Subcontractor or Creative or elsewhere. Subcontractor agrees to carry and maintain insurance coverages satisfactory to Creative to cover the above and upon Creative's request, to furnish to Creative certificates or other appropriate evidence of such insurance.

18) LIEN WAIVERS - If the furnishing of any labor or material pursuant to this order could

give rise to any liens or lien rights against any premises of Creative or its customers, Subcontractor agrees to furnish, upon Creative's request at any time or times, good and sufficient lien waivers by Subcontractor and all other persons furnishing any such labor or material at Subcontractor's insistence or request.

19) NOTICE OF LABOR DISPUTES - Whenever an actual or potential labor dispute is delaying

or threatens to delay the timely performance of this order, Subcontractor shall immediately give notice thereof to Creative. Such notice shall include all relevant information with respect to such dispute.

20) PRICE AND DELIVERY - Subcontractor shall furnish the supplies and services called for

by this order in accordance with the price(s) and delivery schedule stated herein.

21) INSPECTION - All supplies and services will be subject to inspection and test by Creative, its customers, higher tier contractors, and the U.S. Government, at all times and places, as such parties may require. Subcontractor shall provide without additional charge all reasonable facilities and assistance for the safety and convenience of the foregoing parties in performance of such inspections and tests. In case any supplies or services are defective in material workmanship or otherwise not in conformity with the requirements of this order, Creative will, in addition to any other rights, have the right to: (i) reject same and rescind the order as to the rejected supplies or services; (ii) reject same and require the correction thereof by the Subcontractor; or (iii) accept same and deduct from the amount due Subcontractor the cost of remedying such defect. If Creative elects the foregoing (ii), Subcontractor will promptly replace same with supplies or services acceptable to Creative in accordance with Creative's instructions at no expense to Creative. If Subcontractor fails to replace or correct promptly such supplies or services in accordance with Creative's instructions, Creative may (i) by contract or otherwise replace or correct such supplies or services and charge Subcontractor the cost occasioned Creative thereby, or (ii) terminate this purchase order for default in accordance with the clause hereof entitled "Termination". Notification of prior rejection will be submitted with replacement of such rejected supplies and services. Final inspection and acceptance will be made by Creative or its customers at destination unless otherwise specified in this order. Subcontractor will

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provide and maintain an inspection system acceptable to Creative. Records of all inspection work by Subcontractor shall be kept complete and available to Creative during the performance of this order and for such longer period as Creative determines. No inspection (including source inspection, tests, approval including design approval), or acceptance by any of the foregoing parties shall relieve Subcontractor from responsibility for all defects or other failure to meet the requirements of this order or from any warranties. Rights hereunder are cumulative and in addition to any other rights or remedies provided in this order or in law of equity.

22) WARRANTY - Unless otherwise agreed to in writing by the parties, Subcontractor warrants that articles ordered to specifications will conform thereto and to any drawing, samples, or other description furnished or adopted by Creative, or if not ordered to specifications, will be fit and sufficient for the purpose intended, and that all articles will be merchantable, of good material and workmanship, and free from defect. Such warranties, together with Subcontractor's service warranties and guarantees, if any, shall survive inspection, test, acceptance of, and payment for the articles, and shall run to Creative, its successors, assigns, and customers. Except for latent defects, fraud, or such gross mistakes of Subcontractor as to amount to fraud, notice of any defect or nonconformity must be given by the Creative to the Subcontractor within six (6) months after delivery, or six (6) months after receipt of satisfactory qualification inspection reports, if required hereunder, whichever is later. . Creative may, at its option, either return for credit or refund or require prompt correction or replacement of the defective or nonconforming article or part thereof. Return to Subcontractor of any defective or nonconforming article and delivery to Creative of any corrected or replaced articles will be at Subcontractor's expense. Defective or nonconforming articles will not be corrected or replaced unless specified on Creative's written order. Articles required to be corrected or replaced will be subject to the provision of this clause and the clause hereof entitled "Inspection" in the same manner and to the same extent as articles originally delivered under this order, but only as to the corrected or replaced part or parts thereof.

23) PRICE WARRANTY - Subcontractor warrants that the prices of the items set forth herein do not exceed those charged by Subcontractor to any other customers purchasing the same items in like or smaller quantities.

24) PACKING AND SHIPPING - Unless otherwise provided herein, no extra charge will be

made by Subcontractor for containers, crating, boxing, bundling, dunnage, drayage, storage, or other packing requirements. All supplies will be packed, packaged, marked, and otherwise prepared for shipment in accordance with sound commercial practice to meet requirements for obtaining lowest transportation rates, or as otherwise specified herein. Subcontractor shall mark containers or packages with necessary lifting, loading, and shipping information, order number(s), account number, date of shipments, and names and addresses of consignor and consignee. An itemized packaging sheet must

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accompany each shipment unless otherwise specified.

25) DUAL EMPLOYMENT - If Subcontractor is performing work under this Purchase Order

while on annual leave or compensatory time from an agency or organization supported with federal funds, Subcontractor, concurrently with the filing of its invoice for payment, certifies to the following statement:

"The work or portion hereof for which payment is requested was performed while on

authorized annual or compensatory leave from an agency or organization supported

with federal funds and was performed with knowledge of that agency or organization."

Subcontractor further agrees that it shall not be entitled and shall not claim compensation for services performed under this Purchase Order for those hours of the day for which Subcontractor has received compensation from another source for the same hours of the same day. For purposes of this Section K, Representations and Certifications, included in US Government solicitations, payments by agencies or organizations funded by grants from or contracts with the United States shall constitute compensation from federal funds. It is further agreed that any claim for compensation submitted in violation of this clause shall be, if paid, recovered by Creative.

26) PROFESSIONAL STANDARDS - Creative agrees and represents that:

(i) Entering into this Purchase Order and performing the duties and services hereunder will not create a conflict of interest for Subcontractor or Creative;

(ii) All applicable laws and regulations governing the conduct of government contractors will be observed and complied with; and

(iii) Subcontractor recognizes it may be necessary for Creative to disclose to appropriate authorities the fact of Subcontractor's retention, the duties performed by Subcontractor and the compensation paid to Subcontractor. Subcontractor hereby consents to the disclosure of this and related information should Creative believe it is in its best interest to do so.

27) PROHIBITED ACTIVITIES - Subcontractor agrees it shall not provide any of the following

services under this Purchase Order, and that Creative shall not pay for such services: (i) services to improperly obtain, distribute or use information or data

protected by law or regulation; (ii) services intended to improperly influence contents of solicitations,

evaluation of proposals or quotations, or selection of sources for contract award by either the U.S. Government, prime contractor or subcontractor;

(iii) any activity which results in violation of any statute or regulation prohibiting improper business practices or conflicts of interest; and

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(iv) services inconsistent with the purpose and scope of those contracted for under this Purchase Order.

28) VARIATION IN QUANTITY – Creative reserves the right to increase/decrease the

quantity of a unit-priced item in this Purchase Order Agreement by not more than ten percent (25%) above or below the stated quantity. If Creative makes such an adjustment in quantity(ies), an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in the quantity at the fixed unit price associated with the item changed. Changes in quantity can only be made prior to the completion of the production of the item to be changed.

29) CHANGES - Creative may at any time, by written modification, suspend performance in

whole or in part; make changes in drawings, designs, specifications, methods of shipment or packing, or time or places of delivery; require additional supplies or services, or direct the omission of supplies or services. If any such change causes an increase or decrease in the cost of or the time required for the performance of this order, an equitable adjustment will be made in the contract price, or delivery date, or schedule, or both, and this order shall be modified in writing accordingly. Any claim for adjustment under this paragraph will conclusively be deemed waived unless asserted in writing within thirty (30) days from the date of receipt by Subcontractor of the change order. The amount of the claim will be stated when it is submitted. Where the cost of property made obsolete or excess as a result of a change is included in Subcontractor's claim for adjustment, Creative will have the right to prescribe the manner of disposition of such property. Any change order issued hereunder will not be binding on Creative unless issued by an authorized purchasing agent of Creative. Nothing in this paragraph will excuse Subcontractor from proceeding with the purchase order as changed. Creative's engineering and technical personnel may, from time to time, render assistance or give technical advice, or effect an exchange of information with Subcontractor's personnel in a liaison effort concerning the supplies or services to be furnished hereunder. Such exchange of information or advice shall not vest Subcontractor with authority to change the supplies or services hereunder or the provision of this order.

30) TERMINATION - Creative may terminate performance of work under this purchase

order, in whole or in part, if (a) the U.S. Government terminates in whole or in part the performance of the prime agreement or task order under which this purchase order is authorized, (b) funding of the prime agreement or task order is terminated by the U.S. Government, (c) the Subcontractor defaults in performing the Scope of Work and fails to cure the default within ten (10) days after receiving a notice from Creative specifying the default, (d) the U.S. Government orders the termination of the purchase order, (e)

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the U.S. Government terminates the scope of work or deliverables in the prime agreement that this purchase order supports, and (f) for the convenience of Creative.

Default includes failure of the Subcontractor to make progress in the work so as to endanger performance. If this purchase order is terminated for convenience, Creative shall be liable only for payment under the payment provisions of this agreement for services rendered before the effective date of termination. If terminated for cause, Creative shall not be liable to the Vendor for any amount for supplies or services not accepted by Creative.

Both parties to this contract have the right to terminate it. Thirty (30) days written notice is required for this purpose.