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