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Environment and Governance Experts/Research Team -United States Institute of Peace  Retour vers les opportunités


United States Institute of Peace

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18 Septembre 2023 Il y a 7 months

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Régions concernées par cette opportunité: Tunisie

Request for Proposals 

United States Institute of Peace 

Title: Environment and Governance Experts/Research Team 

Tunis, Tabarka, Siliana, Ben Guerdane, and Sfax  

(Open for International and National applicants) 

Release Date: August 25, 2023 

RFP Due Date: 23:00 Tunis Time on September 18, 2023

Refer Questions to:  Submit Response to:
Ms Sabrine Laribi  

Slaribi@usip.org

Ms Sabrine Laribi  

Slaribi@usip.org

Mr. Leo Siebert  

Lsiebert@usip.org

Mr. Leo Siebert  

Lsiebert@usip.org

Pertinent responses will be made  available to all offerors by e-mail.  No inquiries will be accepted after  specified time and date. The response must be submitted by  time and date listed above to be  considered. 

 

  1. Introduction  

The United States Institute of Peace (USIP) is a national, nonpartisan, independent institute,  founded by Congress and dedicated to the proposition that a world without violent conflict is  possible, practical, and essential for U.S. and global security. In conflict zones abroad, the Institute  works with local partners to prevent, mitigate, and resolve violent conflict. For more information,  please visit http://www.usip.org

In Tunisia, USIP works with the government, civil society, and other relevant actors to address  pressing challenges threatening the country’s stability, prosperity, and peace. This includes work  on security sector reform, community dialogue and conflict resolution, education and training,  civil society development, and responsive governance. 

USIP has recently launched a new project with support from U. S. Agency for International  Development (USAID) on local environmental governance. The project seeks to foster  collaboration between local communities, government, and other relevant stakeholders to solve priority local environmental issues in four locales across Tunisia: Tabarka, Siliana, Ben Guerdane  and Sfax. USIP is seeking expert services to conduct assessment missions in the four locales. 

This project contributes to USIP’s mission to prevent, mitigate, and resolve conflicts around the  world by engaging directly in conflict zones and linking analysis, training, and field programming  in partnership with those working for sustainable peace. By supporting state and non-state actors  to collaborate and address emerging climate and environment issues in different regions, USIP  will draw in knowledge and best practices that can pave the way for other countries from the  MENA region to rethink climate adaptation and environment preservation. 

  1. Purpose of the RFP 

USIP seeks a contractor/s (individual consultancy or research team) or organization to conduct in  depth environmental assessments in the four locales mentioned above. The assessment will further explore the priority local environmental issues USIP has identified as the following: waste  management in Sfax, water scarcity and pollution in Siliana, waste management in Tabarka, and  water scarcity in Ben Guerdane. The assessments shall include mapping relevant stakeholders; 

existing and previous efforts to address the issue, government policies and strategies relevant to  the issue including a study of the potential structural barriers and reform opportunities. These  four assessments shall be followed by a nationwide stakeholder mapping of similar environmental  governance initiatives across the country. 

III. Technical Requirements  

Offerors should have at least ten (10) years of professional experience in the fields of environment, climate change, good governance, public policy, or other related fields. Experience  and demonstrated knowledge of the World Bank’s environmental and social framework or other  similar environmental risk management standards is strongly preferred. Experience and  demonstrated knowledge in the relevant science and engineering surrounding the issues of waste  management and water management is strongly preferred. Prior peacebuilding and conflict  analysis expertise is desirable. 

USIP RFP August 2023 

This RFP will likely require a team of at least two individuals with a mix of skills in both social or  political science and environmental science and/or engineering. It is preferred that the two lead  researchers manage two separate but well-coordinated teams to conduct field work in two  locations, per each team, in parallel. This offer is open for research teams and consultants based  in Tunisia. International organizations can apply as long as the lead consultants and the research  team are primarily based in country. Proficiency in Arabic and English are required. French is  preferred.  

  1. Background and Scope of Work 

The results of these assessments will shape the immediate programmatic lines of effort. The  results shall provide USIP and its partners with up-to-date data to inform project implementation  and equip governmental and civil society organizations with the necessary knowledge to analyze  and understand the rooted causes of the priority environmental issues and open avenues of joint  reflection and constructive problem-solving to address them. 

Therefore, it is essential that the data collected is accurate and reliable. The contractor shall provide USIP with accurate data and evidence-based assessments on the pressing environmental  issues that USIP have already identified in consultation with civil society and local government. The assessments will further explore the following: the environmental issue of waste  

management in the Governorate of Sfax, water scarcity and pollution in the Governorate of  Siliana, waste management in Tabarka village -Jendouba Governorate, and water scarcity in the  Libyan-Tunisian border city of Ben Guerdane.  

The environmental issue assessment activity in the project’s four sites shall include:  

1- Local stakeholder mappings: Comprehensive overview of all relevant local actors and  their positions, interests, previous actions, relational power dynamics, and an assessment  of their organizational and institutional capacities.  

2- Technical environmental issue reports: Including data collection and analysis (primary  and secondary) on the impact of the environmental issue to support evidence-based  decision-making. 

3- Process review: Stock-taking exercise of all previous or existing efforts (conducted by the  government, international organizations, or local actors) to address the environmental  issue(s) at the local level, including best practices, lessons learned, persisting challenges,  and any other relevant experience. Contractor will deliver recommendations based on  lessons from the process review.  

4- Structural issue analyses: In-depth analysis of potential structural barriers to addressing  the environmental issue, including policy, financial, bureaucratic, technical, or  administrative barriers.  

Based on the information collected from the four assessments in each locale, the contractor will  conduct a national-level stakeholder mapping of relevant actors, initiatives, policies, and  strategiesrelevant to the identified local environmental issues in the four locales. This is intended  to identify synergies across the country, including at the national level, and to ensure local  solutions align with national strategies to the extent it is possible and relevant. 

USIP RFP August 2023 

To achieve these deliverables, the contractor shall be responsible for preparing systematic mapping methodology, drafting policy document reviews, identifying, and conducting data  collection, and developing final reports to inform the USIP Tunisia program and local partners.  The contractor will also lead on turning these reports into presentations for different external  audiences such as USAID and Tunisian State actors. 

USIP will work closely with the contractor throughout the assessment process.  Tentative Timeline 

A tentative timeline for the completion of deliverables is provided below. USIP will work with the  selected offeror to finalize deliverables and due dates upon selection.  

Deliverable  Estimated Due Date 
Environmental assessments in four (4) locales including:  1- Local stakeholder mappings 

2- Technical environmental issue reports 

3- Process review 

4- Structural issues analyses

December 10, 2023
National stakeholder mapping of relevant actors, initiatives,  policies, and strategies relevant to the identified local  environmental issues in the four locales  December 31, 2023

 

Level of Effort 

This is a part time contract. The total number of working days should be between 60 and 100,  depending on the composition of the research team. 

Expected Type of Contract: Fixed Firm Price

  1. Submission Requirements 

Any proposal that does not contain all items listed below may be considered nonresponsive. For  more detail on the selection process, including corresponding evaluation criteria, please see  Section V below. To be considered under this RFP, please submit the following: 

  1. Technical Requirements 

To be considered, please submit a proposal of no more than 5 pages with the following information: 

  • Interest and Specific Expertise: Summarize your interest in this opportunity, including  your relevant experience and demonstrated knowledge in environmental  governance.  
  • Prior Experience: Describe your prior experience with a project of similar scope and  complexity.  
  • Overall Approach and Methodology: Specify your approach or methodology for the  execution of the activities.  
  • Implementation timeframe: Clarify the implementation schedule to execute the  necessary activities to produce the required deliverables. 
  • Key Personnel and Staffing: Specify the composition, profiles, and roles of your  research team members. 
  1. Curriculum Vitae (CV) 

Please provide a CV of no more than 5 pages. CVs will not count towards technical narrative  proposal page limit. If you are applying as a team, include the CVs of all members. 

  1. Cost Proposal 

Provide a detailed budget explaining all costs and a budget narrative. Budget must be in US  dollars. Detailed budgets should be in spreadsheet format (e.g., Excel).

  1. References 

Provide the name and contact information for three (3) references, preferably those that have  experience supervising you or working with you on a similar project. 

  1. Financial Management Assessment Form 

Organizations must complete the Financial Management Assessment Form unless they have  received Federal grants, contracts or cooperative agreements in the past two years and can  provide their audited financial statement from their most recent fiscal year.  

  1. Certification Page 

Complete and sign the Certification Page below and submit with the proposal.USIP RFP August 2023 

  1. Selection Process 
  2. Schedule  
Date  Schedule
August 16, 2023  RFP issued
August 25, 2023  RFP modified and re-issued
September 4 , 2023  Questions concerning RFP and project emailed to slaribi@usip.org  and lsiebert@usip.org no later than 23:00 Tunis Time.
September 8, 2023  Answers to questions will be made available to all offerors.
September 18, 2023  Proposals are due no later than 23:00 pm Tunis Time. Late  submissions may not be accepted
October 4, 2023  Notification to selected offeror
October 15, 2023  Estimated project commencement date

 

USIP may adjust dates in the schedule or cancel this RFP at any time prior to contract award. 

  1. Evaluation Criteria 

Proposals will be evaluated based on the criteria below. For more detail on each submission  requirement, see Section IV of this RFP. The USIP Selection Committee will review all  proposals received on time using the evaluation criteria established below based on the best  value offered to USIP. The Selection Committee reserves the right to reject any or all  proposals, in whole or in part, to award multiple contracts, and/or to enter negotiations with  any party, in the best interests of the Institute.  

Evaluation Criteria  Weight
Technical requirements:  

Substantive understanding of the environmental assessments’ goals and expected outcomes.  

Clarity and quality of initial implementation plan, schedule, and methodology for conducting the assessments in all four  locales.  

Successful implementation of similar deliverables. 

40%
CV  10%
Cost Proposal  30%
References  20%

 

  1. General Instructions and Terms  
  2. Complete proposals must be submitted by email to slaribi@usip.org by 23:00pm  Tunis time on September 18, 2023.  
  3. The Institute is not liable for any costs incurred by offerors prior to issuance of an  executed contract with the Institute.  
  4. Submissions must be typed and submitted electronically and must include all  submission requirements outlined in the Submission of Requirements section of this  RFP. No changes or corrections to a response will be allowed after the deadline. 4. All submissions should be in English and US dollars. 
  5. Any questions concerning this RFP should be directed to Ms. Sabrine Laribi at  slaribi@usip.org or Mr. Leo Siebert lsiebert@usip.org . Pertinent responses will be  made available to all offerors by email. No inquiries will be accepted after specified  time and date. 
  6. Any proposal not addressing all RFP requirements may be considered non-responsive.  Late proposals may be rejected as non-responsive. 
  7. This RFP is not an offer to enter into an agreement with any party, but rather a request  to receive proposals from offerors (organizations or persons) interested in providing  the services outlined herein. Such proposals shall be considered and treated by USIP  as offers to enter a contract.  
  8. USIP shall not be obligated for the payment of any sums whatsoever to any recipient  of this RFP until and unless a written contract between the parties is executed. 9. Unless stated otherwise within this RFP, the Contractor shall be responsible for  providing all equipment and/or supplies required to perform the services. 10. The Contractor shall not discriminate against any person in accordance with Federal,  state, or local law. 
  9. The submission of any materials to USIP in response to this RFP will constitute (i) a  representation that the Offeror owns or has unrestricted license to use and license  such materials and all intellectual property expressed therein; and (ii) the grant of a  non-exclusive license to USIP to use such materials and intellectual property for any  purpose, including specifically the evaluation, negotiation, and documentation of a  contract with any party. 
  10. Offeror will commit to adhering to the attached USIP Terms & Conditions, else risk  removal from consideration. Exceptions to these terms must be clearly outlined in an  annex to the Technical Proposal. 

Certification Page  

(Please submit with the proposal) 

A. The Offeror certifies that: (1) Prices in the offer have been arrived at independently without consultation,  communication, or agreement with any other competitor; (2) Prices in the offer have not been and will not be  knowingly disclosed by the offeror, directly or indirectly, to any other competitor before bid opening or  contract award unless otherwise required by law; and (3) No attempt has been made or will be made by the  offeror to induce any other competitor to/not to submit an offer for the purpose of restricting competition. B. Has the offeror received funding from USIP? Yes/NO 

If yes, provide the grant or contract number and the offeror’s main point of contact at  

USIP:___________________________________________________________________________________  On Behalf of Offeror:

Name of Organization or Independent Contractor
Signature of Authorized Official
Printed Name of Authorized Official
Title
Date

 

  1. Independent Contractor

Contractor shall be an independent contractor with respect to performance of all work  performed under this Agreement, and neither Contractor nor anyone employed by Contactor  shall be deemed for any purpose to be the employee, agent, servant, or representative of USIP  nor shall it or they have any authority to speak for or otherwise to bind USIP in any manner. As  an independent contractor, you are responsible for the safety and security of individuals  working under this contract. USIP strongly encourages individuals who will be traveling and  working in conflict zones and areas prone to violence and instability, to acquire security  awareness training prior to operating in those environments. It is the responsibility of the  individual contractor to obtain this training. 

  1. USIP Name and Logo

USIP name and logo are the property of USIP. Neither shall be used by Contractor for any  purpose(s) except with the express, prior written authorization of USIP. 

  1. Confidentiality and Non-Disclosure

“Confidential Information” means all information in whatever form or in whatever medium  recorded, relating to the Work disclosed in writing, orally, or in any other form to Contractor  by USIP, either directly or indirectly, and all information compiled or developed during the  course of the Work, except for the following: 

(1) Information in the public domain through no action of Contractor in breach of this  Agreement; or 

(2) Information independently developed by Contractor; or 

(3) Information acquired by Contractor from a third party not delivered to Contractor in  breach of confidentiality agreements which said third party may have with USIP, the  Government, USIP’s other contractors or affiliates, or any other third party. 

Both during the term of this Agreement and following completion of the work or termination  of the Agreement, Contractor will retain in strict confidence, and not disclose to third parties  or use for the benefit of anyone other than USIP any Confidential Information, without the  prior written consent of USIP. 

All Confidential Information obtained or developed pursuant to the Agreement shall be subject  to this Agreement unless expressly excepted in writing by the USIP. 

Nothing contained herein shall be deemed to prevent disclosure of any Confidential  Information by Contractor if, in the written opinion of Contractor’s counsel, such disclosure is  required by any applicable federal or state law, rule, or regulation, or by any applicable order,  subpoena, judgment, or decree; provided, however, that Contractor shall give USIP at least ten  (10) days prior written notice before disclosing any Confidential Information and, in making 

such disclosure, Contractor shall take all reasonable steps to preserve the confidentiality of the  Confidential Information to the greatest extent possible. 

If and when requested in writing, Contractor shall, and shall cause its lower tier subcontractors  to execute any such confidentiality agreements as are deemed necessary for the protection of  USIP, the Government and/or any of their respective other contractors. 

  1. Indemnity – Intellectual Property

Except as specifically agreed by USIP, all original work of Contractor under the Contract shall  be treated as “work for hire” and all right, title and interest in such work shall be assigned to  or owned by USIP. 

Contractor represents and warrants that all intellectual property of any nature included in any  deliverable to USIP (or any other party under the Contract) shall be public domain property, or  the original work of Contractor, or shall be used with all applicable consents or licenses from  the owner, copyright holder or patent owner. 

Contractor shall indemnify, defend, save and hold harmless USIP from and against any and all  claims, actions, and damages which USIP may suffer or pay by reason of any claims or suits  arising out of claims of infringement of any patent rights, copyrights or other intellectual  property, proprietary or confidentiality rights relating to the work performed by contractor or  any of its subcontractors under or in connection with the Agreement. Any such suit or claim  shall be defended at Contractor’s expense by counsel satisfactory to USIP. If, in any such suit  or claim, a temporary restraining order or preliminary injunction is granted, Contractor shall  make every reasonable effort, by giving a satisfactory bond or otherwise, to secure the  suspension of the injunction or restraining order. If, in any such suit or claim, the work, or any  part, combination or process thereof, is held to constitute an infringement and its use is  permanently enjoined, Contractor shall promptly make every reasonable effort to secure for USIP or, at no cost to USIP, a license authorizing continued use of the infringing item. If  Contractor is unable to secure such suspension or such license within a reasonable time,  Contractor shall, at its own expense and without impairing USIP’s use of the work, either  replace the affected work, or part, combination or process thereof, with non-infringing  components or parts or modify the same so that same becomes non-infringing. 

  1. Publicity

Contractor shall not disclose the nature of its work under the Agreement or engage in any other  publicity or public media disclosures with respect to the work without the prior written consent  of USIP. 

  1. Acceptance and Inspection

USIP shall have the right to inspect all work performed under this Agreement upon delivery or  pursuant to such other terms as may be agreed upon in writing. Acceptance shall not occur  until after completion of inspection. Acceptance shall not absolve Contractor from correcting  errors, omissions, and other defects in workmanship under the Warranty provisions of the  Agreement to the extent that they are not patently apparent and discoverable upon 

reasonable inspection at time of delivery or as otherwise agreed upon. Payment shall be  conditioned upon USIP’s acceptance of the work under this Agreement. 

  1. Representation and Warranty of Work

No principal, employee or subcontractor of Contractor: 

(1) Is an employee of or personal services contractor to the Institute; or (2) Has a familial or other relationship with a USIP employee participating in the contracting for  or receipt of the Services under this Agreement except as specifically acknowledged and  consented to by USIP in a writing attached to this Agreement. Contractor warrants that all  work: 

(i) Shall, as applicable, be free of defects in workmanship, 

(ii) Shall be performed in accordance with the accepted professional standards and  industry codes applicable to the work in effect as of the award of the  Agreement, 

(iii) Shall be performed in a good and workmanlike manner, and (iv) Shall strictly conform to the Agreement. 

Upon receipt of written notice of a defect or deficiency in the work, Contractor shall at USIP’s  sole option and at no cost to USIP, promptly re-perform, repair, or replace, such defective or  deficient work so that it conforms with the requirements of the Agreement. If USIP deems it  inexpedient for Contractor to correct defective or deficient work, USIP may make a deduction  from the Contract price in lieu of such correction, as determined by USIP. 

  1. Compliance with Laws

In the performance of work under this Agreement, Contractor shall comply, and shall require  its subcontractors, agents, and other representatives to comply with all applicable laws,  treaties, ordinances, judgments, decrees, injunctions, writs and orders of any court or  governmental agency or authority, and rules, regulations, codes, orders, interpretations of any  Federal, District of Columbia, or other governmental entity or other body having jurisdiction  over the Agreement or any activity conducted at or in connection with the Agreement  (collectively “Laws”). Contractor agrees to indemnify and hold USIP harmless for, of, and from  any loss, including but not limited to fines, penalties, and corrective measures, USIP may  sustain by reason of Contractor’s failure to comply with any such Laws in connection with the  performance of its work for USIP under this Agreement. Contractor shall obtain and maintain  all permits, licenses, and consents required by governmental authorities for performance of  any work to be performed under this Agreement. At no time during the term of this Agreement  shall Contractor be debarred from contracting with the U.S. Government, subject to sanctions  promulgated or supervised by any U.S. Government agency, or otherwise ineligible to contract  with the U.S. Government for any reason. Such debarment, sanction status or exclusion at any  time shall be a material breach of the Agreement. Contractor’s subcontracting under this  Agreement with any person debarred, subject to sanctions, or ineligible to contract with the  U.S. Government shall be grounds for termination of this Agreement at the sole discretion of  USIP.

  1. Section 508 Compliance

Because USIP receives Federal funds for its work, to the extent Contractor’s work will involve  creating or modification of Information Technology hardware or software, Contractor shall  ensure that it is in compliance with the requirements section 508 of the Rehabilitation Act of  1973, as amended, as they may be applicable. 

  1. Compliance with Workplace Rules

Contractor, to the extent work is to be performed on the premises of USIP, shall conform its  activities to all procedures, work hours, and safety rules and regulations as may be in force at  USIP. Contractor shall also undergo such safety and other training as may be offered by USIP  with regard to its site. 

  1. Contractor Personnel Access to USIP Facilities

USIP also shall have the right in its sole discretion to request that Contractor remove and  replace any one or more of its staff working at USIP if such person is deemed by USIP to be  incompetent, disorderly, or otherwise unsatisfactory. Contractor shall promptly comply with  such request. USIP shall have the right in its sole discretion to revoke access to its premises for  any one or more of Contractor’s personnel. 

  1. Equal Opportunity

The Contractor agrees that it will not discriminate against any employee or applicant for  employment to be employed in the performance of work under this Agreement with respect  to hire, tenure, terms, conditions or privileges of employment, or matters directly or indirectly  related to employment because of age, sex, height, weight, marital status, race, color, religion,  sexual orientation, national origin, ancestry, disability or veteran status. Contractor also agrees  to comply with all applicable provisions of Executive Order 11246 of September 24, 1965, as  amended. Breach of this covenant may be regarded as a material breach of this Agreement. 

  1. Record Retention and Audits

Contractor and its subcontractors of any tier shall maintain true and correct sets of cost and  other records relating to the work and all transactions related to the Work and shall retain all  such records for at least three (3) years after final payment under this Agreement. 

USIP, itself or through its designated agent (e.g., audit firm), from time to time at any time after  the date of this Agreement until three (3) years after final payment under this Agreement, may  make an audit of any and all records of Contractor and any of its subcontractors of any tier that  pertain to the performance of work under the Agreement. Contractor shall assist USIP in  making the above audits. 

Such audits will not include Contractor’s payroll or other confidential information of  Contractor’s other clients unless it relates directly to this Agreement. Contractor shall include,  and shall require all its subcontractors of any tier to include, in all lower tier subcontracts in  connection with the work under this Agreement, a provision materially similar to this paragraph. USIP may at any time require Contractor to submit to the Institute a copy of its  latest Annual Audited Report (“annual audit” or “audit”). 

  1. Assignment

Neither this Agreement nor any part thereof nor any right arising therefrom shall be  transferred or assigned by Contractor to any other individual, firm, partnership, corporation,  institution, or government agency without the prior written consent of USIP. 

  1. Termination for Convenience

At any time, USIP may, in its discretion, terminate this Agreement in whole or in part for its  convenience, by giving five (5) business days written notice to Contractor. Upon receiving such  notice, Contractor shall: 

(a) Stop performance of all Work except that reasonably necessary to carry out  termination; and 

(b) Make no further monetary commitments except with the written consent of USIP. 16. Default by Contractor 

USIP shall have the right, in addition to all other rights or remedies it may have under this  Agreement or by law or in equity, to terminate this Agreement in whole or in part if Contractor: 

(a) fails: 

(i) to comply with the material terms of this Agreement; 

(ii)to make satisfactory progress toward completion of the work; or 

(iii) to perform its work in a satisfactory manner in terms of quality; 

(b) makes any assignment for the benefit of creditors, or 

(c) initiates or has initiated against it bankruptcy, insolvency, receivership, or similar  proceeding, by giving notice to Contractor. 

In the event of a breach under subparagraph (a), USIP shall afford Contractor a period of ten  (10) days to correct the breach or present an acceptable plan to USIP for correcting the breach.  The failure of USIP to terminate Contractor for any default shall not be deemed a waiver of its  right to terminate contractor for some other related, subsequent, or independent default.  Upon receipt of such notice, Contractor shall stop all Work. Contractor shall be entitled to be  paid only for Work previously submitted and accepted by USIP. USIP shall be entitled to recover  from Contractor the costs of retaining others to complete the Work agreed to under this  Agreement. 

  1. No Waiver of Breach

Any failure by USIP at any time, or from time to time, to enforce or require the strict compliance  with and performance by Contractor of any of the terms or conditions of the Agreement shall  not constitute a waiver by USIP or a breach of any such terms or conditions or any other breaches, or the right of USIP to avail itself of the remedies it may have for any such breach.

  1. Indemnity – General

Contractor shall indemnify, defend, hold and save USIP, USIP’s affiliates, and each of its/their  respective agents, successors, assigns, and any and all officers, directors, shareholders,  employees or representatives of any of the foregoing, harmless from and against any loss,  claim, liability, judgment, cost or expense (inclusive of attorney and expert fees), including but  not limited to any and all property damage, delay, business interruption, lost business  transactions or opportunities, or lost profits to Contractor and/or to any one or more third  parties and any and all personal injury to Contractor and/or to any one or more third parties,  including death, in the event such loss, claim, liability, cost or expense to any extent  whatsoever (even if any entity other than Contractor is contributory thereto) arises from or  relates to any act or omission of Contractor, its employees or affiliates in connection with the  Work. Contractor waives any right to assert immunity from these obligations under any  workers’ compensation or other employee benefit statute. 

  1. Damages / Limitation of Liability

In no event shall USIP or any of its affiliates, representatives or any directors, officers, or  employees of any of the foregoing be liable to contractor or any of its lower tier subcontractors,  whether based on delay, contract, tort, negligence, warranty, indemnity, strict liability, error  or omission or otherwise, for any consequential, special, incidental, indirect, exemplary,  multiple or punitive damages or damages arising from or in connection with loss of use or loss  of revenue or profit, actual or anticipated or otherwise, and contractor hereby releases USIP,  and its respective affiliates, representatives, directors, officers and employees from any such  liability. 

In no event shall USIP be liable to contractor, regardless of cause, for any amount in excess of  the total amount of this Agreement. 

  1. Insurance (for Contracts above $100,000.00)

Unless otherwise agreed to in writing, Contractor will procure and maintain during the period  that this Agreement remains in force insurance coverages with limits of not less than those  designated below, and which shall provide for written cancellation notice at least thirty (30) in  advance of such event: 

(a) Workers’ Compensation insurance as is required by the jurisdiction in which the contract is  to be performed; and Employer’s Liability insurance with limits of not less than the  following: 

(i) $500,000 trauma, each accident 

(ii)$500,000 disease, each employee 

(iii) $500,000 disease, policy limit 

(b) Commercial General Liability. The general liability policy shall include the following  coverage: 

(i) Coverage for the acts of independent contractors;

(ii)Coverage for claims arising out of products, ongoing and completed operations, which  shall be maintained for at least twelve (12) months after completion of the Services to  be provided under this Agreement; 

(iii) Coverage for liability assumed under this Agreement; 

(iv) Personal and Advertising Injury Liability; 

(v)An endorsement providing additional insured status to the Endowment of the United  States Institute of Peace, the United States Institute of Peace, their directors, officers,  employees and agents. Such coverage as provided thereunder to the additionally insured parties is to be considered as primary, not contributing with or in excess of any  other coverage that may otherwise be available to those additional insureds. 

(vi) If the nature of the work to be performed by Contractor involves any of the  construction trades, the aggregate limit will apply on a per project basis. 

The general liability policy shall have the following minimum coverage levels: 

(i) $2,000,000 combined single limit, general aggregate. 

(ii)$1,000,000 combined single limit, each occurrence, products and completed  operations. 

(iii) $1,000,000 per offense personal injury. 

(iv) $1,000,000 combined single limit each occurrence, bodily injury and property  damage liability. 

(c) Business Automobile Liability. Coverage must apply for any automobile, whether owned,  non-owned or hired: 

(i) $1,000,000 each accident combined single limit, bodily injury and property damage  liability. 

(d) Umbrella or Excess Liability. In addition to the above primary limits, Umbrella or Excess  Liability Insurance with limits of not less than the following: 

(i) $1,000,000 each occurrence. 

(ii)$1,000,000 general aggregate. 

(iii) $1,000,000 products/completed operations aggregate limit. 

Such Umbrella or Excess Liability policy shall contain a provision that it will not be more  restrictive than the primary insurance. 

(e) Professional Liability/Errors & Omissions. If Contractor is required to perform services of a  professional nature (such as accounting, computer consulting or legal), it must in addition  to the above requirements, maintain Professional/Errors & Omissions Liability coverage for  loss arising out of Contractor’s professional liability in the capacity for which it is being hired,  with the limit of liability being at least $1,000,000 each claim, $1,000,000 annual aggregate.  The retroactive date of such policy, if applicable, must be on or before the date of this  Agreement. Such coverage must be maintained for a period of at least three (3) years  following completion of the Contractor’s services to be performed under this Agreement. 

All policies of insurance required under this Agreement, with the exception of Workers’ USIP RFP August 2023 

Compensation and Professional Liability, shall be endorsed to provide additional insured status  to the Endowment of the United States Institute of Peace, the United States Institute of Peace,  their affiliates, directors, officers, employees and agents. Such coverage as provided  thereunder to the additionally-insured parties is to be considered as primary, not contributing  with or in excess of any other coverage that may otherwise be available to those additional  insureds. 

All policies of insurance required under this Agreement shall contain a waiver of subrogation  in favor of the same parties shown as additional insureds above. 

At the time of commencement of services under the Agreement, certificates of insurance  evidencing compliance with the requirements in this Section shall be provided. The Contractor  shall provide the Owner with updated certificates within five (5) days after the Owner’s  request. 

Contractor will require the same insurance coverage and limits from its subcontractors as  required of it, and upon request of USIP, will require its lower-tier subcontractors to certify  insurance coverage to USIP. 

USIP, by requiring the insurance coverage(s) listed above, in no way limits the obligations or  liabilities of Contractor assumed elsewhere in this Agreement. Deductibles, if any, are for the  account of Contractor. 

  1. Taxes

Contractor shall be responsible for the reporting and payment of all taxes which become  payable by operation of law or contract and shall save USIP harmless from all liability, loss, and  expense resulting from Contractor’s failure to comply with all requirements of such laws or  contracts. 

  1. Disputes, Continuation of Work

In the event a dispute arises between USIP and Contractor regarding the application or  interpretation of any provision of the Agreement, or with respect to an alleged breach of the  Agreement, the aggrieved party shall give notice in writing to the other party and the parties  shall negotiate in good faith and attempt to resolve such dispute. If the parties fail to resolve  the dispute within thirty (30) days after delivery of such notice, or during such longer period to  which they may agree in writing, each party shall have the right to pursue any and all remedies  available to it under the law. 

Notwithstanding the existence of a dispute between USIP and the Contractor and regardless  of whether such dispute is the subject of dispute resolution pursuant to this paragraph,  Contractor shall not be entitled to suspend or otherwise delay its performance of the work. 

  1. Governing Law, Jurisdiction, and Venue

This Agreement, and any disputes arising under or related to this Agreement, shall be governed  by and construed in accordance with the laws of the District of Columbia, excluding any provisions or principles thereof which would require the application of the laws of a different  jurisdiction. 

  1. Force Majeure

If performance of any obligation hereunder by the Contractor or USIP is prevented, rendered  impossible or unfeasible, by act of God (e.g., flood, earthquake, tornado, fire, etc.), an act or  regulation of any public authority, civil disturbance, strike, lock-out or labor dispute (whether or  not involving Contractor or USIP), epidemic, interruption or delay of transportation services, war  conditions or emergencies, terrorism, or any cause beyond the control of the parties  (collectively, “Force Majeure Occurrence”), such performance shall be required only up to the  time of such Force Majeure Occurrence, and there shall be no claim for damage by Contractor  or USIP arising from termination of this Agreement or a delay in work, and the contracted  obligations of the parties from and following the Force Majeure Occurrence shall be deemed  waived. 

  1. Anti-Deficiency

Contractor acknowledges that USIP is a quasi-official organization authorized by Congress under  the U.S. Institute of Peace Act, 22 U.S.C. 4601-11, and that USIP is subject to statutory limits on  its contracts and expenditures. Notwithstanding any other provision of this Contract, no  payment owed by USIP under this Contract shall be due or made by USIP if no appropriation or  appropriation authority exists for such payment. 

  1. Invoicing and Payments

An invoice with the contract number specified on the Purchase Order for this Agreement must  be submitted by the Contractor to invoices@usip.org no later than one (1) year from the end  date of this Agreement. Items or services must be accepted by USIP before invoices will be paid.  Payment will be made within thirty (30) days of receipt and acceptance of a proper invoice as  described in FAR 32.905(b).  

  1. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment

Contractor represents that it will not provide, whether directly or by subcontract or other  arrangement, covered telecommunications equipment or services to USIP in the performance  of this contract or in any extension or modification of this contract. Contractor further  represents that it does not use anywhere in its business operations, whether directly or by  subcontract or other arrangement, any equipment, system, or services that use covered  telecommunications equipment or services as a substantial or essential component of any  system, or as critical technology as part of any system.  

Contractor shall notify USIP within one business day of learning that covered  telecommunications equipment or services have been provided to USIP or are being used by  Contractor, whether directly or by subcontract or other arrangement.  

For purposes of this section, “covered telecommunications equipment or services” means (1) USIP RFP August 2023 

telecommunication or video surveillance equipment or services produced or provided by  Huawei Technologies Company or ZTE Corporation (including subsidiaries and affiliates of  either); and (2) equipment or services used specifically for national security purposes provided  by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or  Dahua Technology Company (including subsidiaries and affiliated of any of them). 

  1. Contract Execution

This Agreement is considered executed and the terms are therefore legally binding for both  parties once a Purchase Order has been issued by a USIP Authorized Representative and the  Contractor begins providing services or goods.  

Financial Management Assessment Form (1)

 

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