Request for Proposal (RFP)
PF No. and Title: 24/11/665) Consultant for Private Sector Landscape Assessment
RFP Issue Date: 21/11/2024
RFP Questions to be Submitted By: 20/01/2025
Proposal Submission Deadline: 31/01/2025
Estimated Award Date: 01/03/2025
Contracting Entity: Helen Keller Intl
Place of Performance: Akwa Ibom
Contents of this Document

SECTION 1: Introduction, Eligibility of Bidders, and Definitions…………………………………………………… 1

SECTION 2: Scope of Work………………………………………………………………………………………………………… 2

SECTION 3: Proposal Instructions……………………………………………………………………………………………….. 5

SECTION 4: Evaluation Criteria and Basis for Award…………………………………………………………………… 7

SECTION 5: Source of Funding and Authorized Geographic Code………………………………………………… 8

SECTION 6: Proposal Validity, Submission Deadline and Instructions…………………………………………… 8

SECTION 7: Negotiations……………………………………………………………………………………………………………. 9

SECTION 8: Terms of the Solicitation………………………………………………………………………………………….. 9

ANNEX A: Conflict of Interest Disclosure………………………………………………………………………………….. 11

ANNEX D: USAID Contract Provisions…………………………………………………………………………………….. 15

Bidders are encouraged to read this RFP and all attachments in its entirety paying specific attention to the instructions and requirements. Issuance of this RFP does not in any way obligate Helen Keller International to award a contract, nor does it commit Helen Keller International to pay for costs incurred in the preparation and submission of a proposal. All recipients of this RFP shall treat all information and details included herein as private and confidential.

SECTION 1: Introduction, Eligibility of Bidders, and Definitions

Introduction

Guided by the remarkable legacy of its co-founder, Helen Keller, Helen Keller Intl partners with communities that are striving to overcome longstanding cycles of poverty. By delivering the essential building blocks of good health, sound nutrition and clear vision, the organization helps millions of people create lasting change in their own lives. Working in 20 countries – across Africa, Asia, Europe, and the United States – and together with a global community of supporters, Helen Keller Intl helps to ensure every person has the opportunity – as Helen did – to reach their true potential.

Helen Keller is seeking a consultant to conduct a comprehensive private sector landscape assessment in Akwa Ibom State to identify and analyse private sector entities, such as hospitals, pharmacies, and traditional birth attendants, that are suitable as collection points for Multiple Micronutrient Supplement for pregnant women and Micronutrient powder (MNP) for children. The findings will guide the strategic engagement of these entities and ensure effective delivery of nutrition commodities to vulnerable populations in designated local government areas in the state. The consultant will work under the supervision of the Senior program Advisor and M&E manager of the Advancing Nutrition project

Helen Keller Intl invites all eligible Bidders to submit proposals to deliver services in the course of 25 days. The purpose of this Request for Proposals (RFP) is to select an individual that will provide best value to Helen Keller Intl, when both technical and cost factors are combined.

Eligibility of Bidders

This RFP is open to an individual capable of implementing the scope of work with a solid record of integrity and business ethics, and that meets the eligibility requirements stated in this Section.

Bidders that submit proposals in response to this RFP must meet the following requirements:

Be an individual consultant with the legal right to work in Nigeria.
Have demonstrated capacity and expertise to successfully implement the Scope of Work
Have completed the required representations and certifications incorporated in this RFP
Be willing to comply with relevant donor rules and regulations and Helen Keller Intl requirements.
Bidders and proposed products must be of Source and Nationality designated in the authorized

Geographic Code, as described in Section 5 “Source of Funding and Authorized Geographic Code.”

Nationality refers to the place of legal organization, ownership, citizenship, or lawful permanent residence (or equivalent immigration status to live and work on a continuing basis) of suppliers of commodities and services.
1. Source means the country from which a commodity is shipped to the cooperating/recipient country or the cooperating/recipient country itself if the commodity is located therein at the time of the purchase, irrespective of the place of manufacture or production, unless it is a prohibited source country. Where, however, 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.}

Note: Helen Keller Intl will not award a contract to any individual that is debarred, suspended, or proposed for debarment by the U.S. Government, or who proposes to do business with firms or firms’ principals who are debarred, suspended, or proposed for debarment, in the performance of the requirement of this activity.

SECTION 2: Scope of Work

Helen Keller Intl will evaluate all proposals received in response to this RFP in accordance with the evaluation criteria described in this document.

This RFP contains the following Annexes:

Annex A: Conflict of Interest Disclosure
Annex B: Format of CV to be used for Personnel (one document per person)
Annex C: Financial Offer template (separate Excel spreadsheets)
Annex D: USAID Contract Provisions

Program Background

The Advancing Nutrition in Nigeria project, funded by USAID and implemented by Helen Keller Intl, is a 5-year initiative aimed at improving the nutrition and resilience of vulnerable populations, particularly women, adolescents, and children aged 0–59 months. The project focuses on promoting healthy diets, strengthening health systems, and expanding access to essential nutrition commodities such as Multiple Micronutrient Supplements (MMS) and Micronutrient Powders (MNP). Through multi-sectoral collaboration with government agencies, civil society organizations, and private sector actors, the project is aligned with USAID’s Multi-Sectoral Nutrition Strategy (MSNS), advancing efforts to sustainably address malnutrition in Nigeria. In Akwa Ibom State, the project seeks to partner with private health providers to improve access to MMS and MNP for vulnerable populations. The private sector’s involvement in this process is key to establishing sustainable supply chains and ensuring widespread availability of these essential nutrition products. By leveraging private sector capacity, the project will strengthen local distribution channels and enhance coordination between the government and private stakeholders, contributing to long-term nutrition outcomes.

Scope of Work, Key Objectives and Activities

Key Objectives

The primary objective of this consultancy is to conduct a private sector landscape assessment in Akwa Ibom State to identify and analyse suitable private sector entities that will serve as access point for multiple micronutrient supplement MMS) and micronutrient powder (MNP). The assessment will inform the project’s strategy for engaging the private sector to reach vulnerable populations effectively

The consultant will perform the following tasks over a 25-day period:

Mapping of Private Sector Entities: Identify and assess private hospitals, pharmacies, andtraditional birth attendant homes in Akwa Ibom State, focusing on their capacity and willingness to participate in the distribution of MMS and MNP.
Development of a Directory of Private Health Providers: Compile a comprehensivedirectory of identified private sector health providers, including relevant details such as service areas and capacity.
Market Analysis: Analyze the market environment for MMS and MNP in Akwa Ibom State,focusing on demand, supply, and the potential barriers or incentives for private sector engagement in the nutrition supply chain.
Stakeholder Engagement: Consult key stakeholders, including the PharmaceuticalSociety of Nigeria and relevant government agencies, to validate findings and gather insights.
Recommendations and Strategy Development: Provide recommendations on suitableprivate sector entities for collaboration and develop a strategic framework for engaging these entities in sustainable MMS and MNP distribution.

Consultant Requirements

The ideal consultant will have:

Proven experience in private sector landscape assessments or market analysis, particularly in the health or nutrition sectors.
Strong understanding of the nutrition supply chain in Nigeria.
Excellent stakeholder engagement skills, with experience building private sector partnerships.
Proficiency in data analysis, report writing, and presentation skills.

REQUIREMENTS:

The selected individual should meet the following specific requirements and qualifications:

Educational Background:

A bachelor’s degree in Pharmacy, Public Health, Economics, Business Administration, or a related field is required.
Advanced degrees (e.g., master’s or PhD) are desirable but not mandatory if the candidate has significant relevant experience.

Experience and Skills

At least 10–15 years of professional experience in private sector engagement, health systems strengthening, or public-private partnerships, preferably within the health or nutrition sector in Nigeria or a similar context.
Proven track record in conducting landscape assessments, market analysis, or evaluations focused on the health and nutrition sectors.
Extensive experience engaging with private sector stakeholders, including private healthcare providers, pharmacies, and traditional birth attendants.
Working knowledge of private health providers and their operational dynamics in Akwa Ibom State, including their challenges, capacities, and service delivery models.
Familiarity with regulatory frameworks, policies, and incentives influencing private sector involvement in health and nutrition service delivery.
Strong analytical skills, including the ability to interpret data, identify trends, and generate actionable insights.
Demonstrated experience in stakeholder mapping, data collection, and qualitative and quantitative analysis techniques.
Excellent written and verbal communication skills, with the ability to produce high-quality reports and deliver presentations to diverse audiences.
Proficiency in engaging and coordinating with government agencies, NGOs, international organizations, and private sector stakeholders.

General Requirements

Strong problem-solving skills, with a focus on developing practical and context-specific solutions.
Ability to work independently and collaboratively in a dynamic environment.
High level of professional integrity, with a commitment to transparency and ethical standards.
Willingness to travel extensively within Akwa Ibom State and potentially other regions of Nigeria as required.
Proficiency in using software and tools for data collection, analysis, and reporting (e.g., Microsoft Excel, SPSS, or NVivo).

Deliverables

The consultant is expected to deliver the following:

Inception Report: Outlining the methodology, work plan, and timeline for theassessment.
Mapping Report: A comprehensive profile of identified private sector entities.
Directory of Private Health Providers: A detailed directory of private hospitals,pharmacies, and traditional birth attendant homes.
Market Analysis Report: An overview of market dynamics, barriers, and opportunities forprivate sector engagement.
Final Assessment Report: Consolidated findings and recommendations for strategicengagement with private sector entities.

Anticipated Contracting Period and Award Mechanism

The anticipated period of the resulting vendor professional services contract is expected to be 25 days beginning on /about 1^st to 25^th February. Bidders/ Consultants must clearly identify “start-up” support costs, if any, required to commence services.

Helen Keller Intl intends to award a Time and Material Type Professional Services Contract to the winning offer. No profit, fees, taxes, or additional costs can be added after the award. This RFP is subject to all the terms and conditions of the resulting contract. Any resultant award will be governed by these terms and conditions.

SECTION 3: Proposal Instructions

The Bidder’s proposal will consist of two separate documents:

Part 1 – Technical Offer

Part 2 – Financial Offer

The Technical Offer and the Financial Offer (altogether “proposal”) must be submitted separately. The Bidder should not include any cost data in the Technical Offer.

The proposal should be presented and structured, and should explain in detail the Bidder’s availability, experience and resources to provide the requested services.

Proposals that are incomplete or do not address these criteria may not be considered in the review process. All proposals must be submitted in English.

Both the Technical Offer and Financial Offer must be submitted with a Cover Letter which must include the following information and must be signed and stamped by the individual:

i. Date of Submission of the Proposal ii. Term of proposal validity (minimum {90} days)

iii. Address iv. Telephone v. E-mail

Taxpayer Identification Number
Other required documents that shall be included as attachments to the cover letter:
- A valid government-issued ID
- A current CV for the individual in a format provided in Annex B. The CV must not exceed three pages in length and shall be in chronological order starting with the most recent experience and summarizing relevant experience and qualifications.
- Photocopy of Certificates of Educational qualification.
- Evidence of past similar jobs

Bidders must also submit a signed Conflict of Interest Declaration Form. This form will be assessed to establish whether the Bidder has any present or potential future conflict of interest according to the definition in Annex A. If the conclusion is reached that any conflict of interest declared by the Bidder could have a negative impact on the Bidder’s ability to perform the Service, Helen Keller Intl may decide to reject the submitted proposal. Failure to accurately complete the Conflict of Interest Declaration Form may also lead to the rejection of the submitted proposal.

Part 1: TECHNICAL

The Technical Offer should be in the English language, typed in Microsoft Word, single-spaced, with each page numbered consecutively. A maximum number of pages for each component of the Technical Offer is given below.

The Technical Offer should include the following:

Bidder past performance record/relevant experience– {2} pages maximum

Information related to Bidder’s past performance/prior experience in conducting work in the country/region similar in nature and volume to the services requested (brief description, deliverables, date, client etc.).

Bidders must also provide contacts for at least three (3) professional references for previous work and/or experience under similar SOWs. Contact information should include, at a minimum: the name of the individual, name of the company, brief information on the relationship to Bidder, address, email, and phone number. Helen Keller Intl reserves the right to contact any and all references provided. Contact information for references is not subject to the page limitation for this section.

Technical approach – {7} pages maximum

The technical approach must describe the proposed approach to achieving the program objectives and must address the following:

Information as to whether the Bidder currently has a presence in the country/region, and the nature of this presence.
1. A brief description of the Bidder’s understanding of the objectives and scope of work for the consultancy.
1. An overview as to how the Bidder would propose to complete the requested services indicated in this RFP

Helen Keller Intl may choose to contact the Bidder prior to making a final decision. Please confirm whether this would be possible, ensuring that full contact details are also included in the resume (email, telephone number).

Part 2: FINANCIAL

This contract will be issued as a time and material type Professional Services Contract. The individual involved in the project will be compensated at a fixed hourly rate as outlined in the contract and the total payment shall not exceed the agreed-upon threshold. Payment will be made against deliverables as specified in the SOW. The Contractor shall submit detailed invoices, including the hours worked and the corresponding hourly rates.

Helen Keller Intl will only issue payment via electronic payment methods and all bank accounts must be in the name of the individual only.

As part of the Financial Offer, Bidders must include a detailed budget, submitted in Microsoft Excel, expressed in {Naira}, with an accompanying budget narrative, submitted in Microsoft Word, describing the basis for the listed cost elements. Supporting information should be provided in sufficient detail to allow a complete analysis and determination of the reasonableness of each cost element. Bidders are required to include and clearly label all costs deemed necessary to complete the work called for hereunder.

The Financial Offer template can be found in Annex C and must include the following:

Labor Cost: The Bidder must provide information related to daily rates and Level of Effort (LoE) (measured in days) for the deliverables listed. Please state assumptions made when submitting the cost information including any additional options and stating all conditions.
Other Direct Costs: The Bidder should provide a breakdown estimate of other main direct costs whichare considered necessary for completion of the work. Other direct costs will cover transportation costs, visa, and per diem. Any other direct costs shall be agreed prior with Helen Keller Intl.

SECTION 4: Evaluation Criteria and Basis for Award

Helen Keller Intl will follow a Best Value Trade-Off selection methodology. Helen Keller Intl may award to an eligible, responsible individual whose proposal is most advantageous to the program, with price and other factors considered proposal, including but not limited to compliance with the requirements of the RFP without material deviation. Bidders may not modify non-responsive offers after the proposal deadline to make them responsive. However, Helen Keller Intl may request a Bidder to clarify its offer as long as no material deviation exists.

The criteria below will serve as the basis upon which proposals will be evaluated. Selection will be based principally on the technical merits of the proposals, but price and other factors will be considered, and award will be made only if the proposal is determined to be technically acceptable and cost reasonable

Evaluation Criteria per Solicitation	Total Max Points
Past Performance/ Prior Relevant Experience	35%
Demonstrated experience conducting private sector landscape assessments, market analysis, or evaluations, particularly within the health or nutrition sectors in Nigeria or a similar context.
Proven track record in engaging with private healthcare providers, pharmacies, and other private sector stakeholders in Nigeria, with a focus on operational dynamics, challenges, and service delivery models
Familiarity with Akwa Ibom State’s health system and private sector landscape, including the regulatory frameworks and governance structures influencing private sector engagement.
Personnel Qualifications	20%
A bachelor’s degree in Pharmacy, Public Health, Health Systems Management, Economics, Business Administration, or a related field
Strong analytical and problem-solving skills, with the ability to interpret data, identify trends, and generate actionable insights
Excellent interpersonal skills and the ability to work collaboratively with a diverse range of stakeholders, including private health providers, government agencies, and donor organizations
Proven ability to produce high-quality reports and presentations tailored to different audiences
Technical Merit	30%
Strong expertise in stakeholder mapping, data collection methodologies (both qualitative and quantitative), and analysis techniques
Demonstrated ability to design and execute market research or assessments, including identifying gaps and opportunities for private sector engagement
Proficiency in using software and tools for data collection, analysis, and reporting (e.g Microsoft Excel, SPSS, NVivo).
Understanding of key policies and incentives influencing private sector engagement in Nigeria’s health sector
Operational Capability	15
Experience coordinating with government agencies, NGOs, and private sector stakeholders to ensure alignment and buy-in
Ability to travel extensively within Akwa Ibom State and adapt to dynamic project requirements
Demonstrated capacity to meet deadlines and deliver actionable recommendations under tight timeframes
Total Points	100

Upon completion of the evaluation of Technical Offers, Helen Keller Intl will evaluate Financial Offers for budget presentation, details of the budget narrative, and cost-effectiveness (reasonable, realistic, match the Technical Offer and meet requirements of RFP). No points are assigned to Financial Offers, but these criteria will be considered, in conjunction with the total score of the Technical Offer. This RFP utilizes the tradeoff process and Helen Keller Intl may award a contract to the offeror whose proposal represents the best value to Helen Keller Intl and the program. Helen Keller Intl may award to a higher priced offeror if a determination is made that the higher technical evaluation of that offeror merits the additional cost/price.

SECTION 5: Source of Funding and Authorized Geographic Code

Any award resulting from this RFP will be financed by USAID funding and will be subject to U.S. Government and USAID regulations. The authorized USAID geographic code for this RFP and any resulting contract is Code 937. A description of this code is available in USAID’s Automated Directives System, ADS 310 (http://www.usaid.gov/policy/ads/300/310.pdf). All commodities and services supplied under any award resulting from this RFP must meet this geographic code in accordance with the US Code of Federal Regulations (CFR), 22 CFR 228.}

SECTION 6: Proposal Validity, Submission Deadline and Instructions

Proposals should have a {90-day} validity period from the proposal submission date, as provided in the Cover Letter.

Proposals must be submitted electronically by the deadline listed on the cover page of this RFP by E-mail to [email protected] indicating in the subject line of the e-mail and the RFP number.

A full proposal submission will include the following documents, all of which must reference the RFP number as stated on the cover page of this document: – Cover Letter

Technical Offer
Financial Offer
Vaid ID
Conflict of Interest Disclosure Form
{USAID Contract Provisions if applicable}
Copies of Bidder legal documents like TIN registration number, Government approved ID Card
Other pertinent information relevant to the proposal submission

SECTION 7: Negotiations

Best offer proposals are requested. It is anticipated that an award will be made solely on the basis of the original offers received. However, Helen Keller Intl reserves the right to conduct discussions, negotiations and/or request clarifications prior to awarding a contract. Furthermore, Helen Keller Intl reserves the right to conduct a competitive range and to limit the number of bidders in the competitive range to permit an efficient evaluation environment among the most highly-rated proposals. Highest-rated bidders, as determined by the technical evaluation committee, may be asked to submit their best prices or technical responses during a competitive range. At the sole discretion of Helen Keller Intl, bidders may be requested to conduct oral presentations. If deemed an opportunity, Helen Keller Intl reserves the right to make separate awards per component or to make no award at all.

SECTION 8: Terms of the Solicitation

Issuance of this RFP does not constitute an award commitment on the part of Helen Keller Intl, nor does it commit Helen Keller Intl to pay for costs incurred in the preparation and submission of a bid.
Attached files are an integral part of this RFP.
Helen Keller Intl may contact Bidders to confirm the contact person, address, and bid amount and to confirm that the proposal was submitted for this solicitation.
False Statements: Bidders must provide full, accurate and complete information as required by this solicitation and its attachments.
Conflict of Interest Disclosure: In Annex A Bidders must provide disclosure of any past, present or future relationships with any parties associated with the issuance, review or management of this solicitation and anticipated award. Failure to provide full and open disclosure may result in Helen Keller Intl having to re-evaluate the selection of potential Bidders.
Right to Select/Reject: Helen Keller Intl reserves the right to select and negotiate with those firms it determines, in its sole discretion, to be qualified for competitive proposals and to terminate negotiations without incurring any liability. Helen Keller Intl also reserves the right to reject any or all proposals received without explanation.
Reserved rights: All RFP responses become the property of Helen Keller Intl and Helen Keller Intl reserves the right in its sole discretion to:
1. To disqualify any offer based on Bidder’s failure to follow solicitation instructions;
1. To waive any deviations by Bidders from the requirements of this solicitation that in Helen Keller Intl’s opinion are considered not to be material defects requiring rejection or disqualification or where such a waiver will promote increased competition;
1. Extend the time for submission of all RFP responses after notification to all Bidders;
1. Terminate or modify the RFP process at any time and re-issue the RFP to whomever Helen Keller

Intl deems appropriate;

Issue an award based on the initial evaluation of offers without discussion;
- Award only part of the activities in the solicitation or issue multiple awards based on solicitation activities.
Bidders shall disclose any factors that could limit the individual’s ability to independently perform the services such as relationship with counterpart employees, past employment, etc.

ANNEX A: Conflict of Interest Disclosure

Helen Keller Intl Code of Conduct & Ethics Policy: In accordance with the Helen Keller Intl Code of Conduct and Ethics Policy, Helen Keller Intl requires full and open disclosure when dealing with procurement. As such, Helen Keller Intl employees must avoid any conflict of interest or the appearance of a conflict of interest. Helen Keller Intl employees must at all times provide full disclosure of their actions or relationships with prospective vendors, contractors, or consultants. Helen Keller Intl employees shall not solicit, request, accept, or agree to accept any gift from a vendor or prospective vendor.

Helen Keller Intl reserves the right to reject any or all quotes when considered to be in the best interest of the organization and/or the people it serves. All parties submitting a proposal in response to this Request for Proposal are obligated to disclose the existence of any actual or possible conflict of interest relating to every country included within their proposal in the attached Conflict of Interest Declaration Form.

Failure to fully disclose such information could lead Helen Keller Intl to reject a proposal. If a party has no conflict to declare for any of the countries covered in their proposal, they may submit one form, listing all of the countries covered.

“Conflict of Interest” means a situation in which a Bidder, an Affiliate (as defined below), or a subcontractor (if any) of a Bidder, has interests (financial, organizational, personal, reputational or otherwise) that would or may appear to make it difficult for a Bidder to fulfil its obligations to Helen Keller Intl in its role as the vendor in an objective, independent and professional manner, or a situation in which it is reasonable to foresee that such an interest would arise. A Conflict of Interest may arise in the following circumstances, which are not exhaustive:

a Bidder has been, or is involved in the design of a proposal or request for funding that has been, or will be submitted to Helen Keller Intl;
a Bidder has been, or is involved in the provision of advice to an entity that is a Principal Recipient or a Sub-recipient;
a Bidder has been, or is involved in, or has provided advice in relation to the procurement of goods and/or services by a Principal Recipient and/or a Sub-recipient;
a Bidder has been, or is involved in the provision of auditing services to a Principal Recipient and/or a

Sub-recipient; or

a Bidder has submitted an expression of interest, tender, bid or otherwise indicated interest in providing services of any nature to a Principal Recipient or a Sub-recipient that remains valid at the time of, and for the duration of the term of this Contract.

“Affiliate” means a business concern, individual or other entity that, directly or indirectly: (i) controls or can control a Bidder; (ii) is controlled by, or can foreseeably be controlled by a Bidder; or (iii) along with a Bidder, is controlled by, or can foreseeably be controlled by the same third party.

Bidder Conflict of Interest Declaration Form

Please check one box below, as appropriate:

			The Bidder hereby declares that it has read and understood the Conflict of Interest rules set forth in the Request for Proposals (RFP) and warrants that no Conflict of Interest exists on the part of the Bidder or an Affiliate of the Bidder, with regard to the services to be performed under the RFP. The Bidder hereby agrees to comply with the Conflict of Interest rules set forth in the Request for Proposals (RFP).

			The Bidder wishes to disclose a real or potential Conflict of Interest situation(s) and propose mitigating action(s). Note: if this box is checked, please describe in an attachment, in detail, the situation and present a proposed mitigation plan/arrangement for consideration by Helen Keller Intl.

Bidder:

Signature:
Printed Name:
Title:
Date:

ANNEX B: Format of CV to Be Used for individual

Name:
Title:
Nationality:
Home/Office Address:
Professional Qualifications:
Language skills: Language: Reading: Speaking: Writing:
Relevant work experience, including duration and responsibilities:
References: Name: Position: Organization: E-mail: Address: Telephone: Relationship:	Name: Position: Organization: E-mail: Address: Telephone: Relationship:
Certification: I declare that the information provided in this CV is accurate and hereby authorize Helen Keller Intl to undertake whatever inquiries Helen Keller Intl may consider reasonable and necessary in the course of the assessment process, in relation to the information in this curriculum vita relating to my suitability for the position for which I have been nominated.
Signed:		Date:

ANNEX C Financial Offer Format ________________________

Principal’s Signature

*The Base for each of these percentages needs to be identified and documented through audited financial statements.

ANNEX D: USAID Contract Provisions

Include only if procurement is USAID-funded. If not, delete this Annex.

Contract Provisions for Non-Federal Entity Contracts Under Federal Awards

By signing below, the Bidder agrees to comply with these requirements, as applicable, in the event an award is made by Helen Keller Intl.

In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.

Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

All contracts in excess of $10,000 must address termination for cause and for convenience by the nonFederal entity including the manner by which it will be effected and the basis for settlement.

Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work

Helen Keller International Request for Proposals

week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 12511387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

§200.322 Procurement of recovered materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.