Request for Proposals: Design services for Tekwill network and Tekwill type Centers in Moldova

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Request for Proposals (RFP)

RFP Number:

ICTEC-2020-009

Issuance Date:

16.10.2020

Deadline for Offers:

30.10.2020

Description:

Design services for Tekwill network and Tekwill type Centers in Moldova

For:

Moldova ICT Excellence Center Project (ICTEC)

Funded By:

United States Agency for International Development (USAID), Contract Nr. AID-117-A-15-00002

Issued by:

National Association of ICT Companies (ATIC)

ATIC Point of Contact:

achirita@ict.md, contact person Ana Chirita, Tekwill Senior Project Coordinator

svoitovschi@ict.md, Sergiu Voitovschi, Program Manager

Section 1: Introduction and Instructions to Offerors

  • Acronyms and Definitions

ATIC

National Association of ICT Companies

ADS

USAID Automated Directives System

CFR

United States Code of Federal Regulations

Cooperating Country

Moldova

FAR

United States Federal Acquisition Regulation

RFP

Request for Proposals

US

United States

USAID

United States Agency for International Development

USG

United States Government

VAT

Value Added Tax

  • Introduction:

The National Association of ICT Companies (ATIC) is soliciting proposals from eligible and responsible companies that can provide design services for Tekwill network and Tekwill type Centers in Moldova, as described in the Annex 1 to this RFP.

Tekwill was inaugurated on March 15, 2017. During the 3 years of implementation (as the project was fully operational even before the official launch of the Tekwill center), Tekwill project completed or supported 188 educational initiatives, and 301 entrepreneurship initiatives, transforming Tekwill into one of the most successful initiatives in tech in Moldova and in the region. It has helped over 350 teams to reach better business, create opportunities and seek investment. Altogether it trained and oriented over 35,000 people.

The initial goal of the project is to contribute to the extension of the Tekwill project as a sustainable network and deploy its programs on regional/national level. The project aims at determining the operation model of the network, determining business plans for the relevant created centers or partners in the regions, deploy scalable activities to connect an estimated of 150,000 people to ICT (school and university students, community, etc.), deploy entrepreneurship programs aiming at both scaling up existing programs, as well as create inclusive innovation platforms for the regions with their respective specifics and potential to absorb/apply ICT. We envision a minimum 10,000 beneficiaries/year for each direction (education and entrepreneurship) As a result of the project, 2 main outcomes of the project are expected: more and better qualified skills and workforce developed leading to a stronger ICT industry in Moldova, as well as creating the premises for a Startup Moldova program driving opportunities for companies seeking capitalization.

The overarching goal of the Tekwill as a network is to ensure maximum impact on Moldova’s economy though enhancing the entrepreneurial and educational capacity, as well as Research & Development potential of the higher education institutions in line with the industry needs; hence achieving quantitative and qualitative increase in qualified ICT professionals and ICT skills and nurturing successful technology startups based on modern ecosystem and world-class sales and marketing force. The project will expand the current areas of cooperation and continue to contribute to growing competitiveness of the ICT industry and of other economic sectors on a national level.

  • Offer Deadline and Protocol:

Offers must be received no later than 17:00, local Chisinau time, on October 30, 2020 electronically and/or in hard-copy at the Moldova ICT Excellence Center Project office.

Any email offers must be sent to the following address:

In attention of, Sergiu Voitovschi

Program Manager

to: svoitovschi@ict.md

cc: In attention of, Ana Chirita

Strategic Projects Director

to: achirita@ict.md    

Any hard copy offers must be stamped and signed by the offeror’s authorized representative and delivered to the following address:

In attention of, Ana Chirita

Strategic Projects Director

Moldova ICT Excellence Center Project

Str. Studentilor 9/11, Chisinau, Moldova.

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

  • Questions and Requests for Clarifications:

Questions regarding the technical or administrative requirements of this RFP may be submitted no later than 17:00, local Chisinau time on October 30, 2020, by email to achirita@ict.md and svoitovschi@ict.md. Questions must be submitted in writing; phone calls will not be accepted. Questions and requests for clarification—and the responses thereto—that ATIC believes may be of interest to other offerors will be circulated to all RFP recipients who have indicated an interest in bidding.

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

  • Technical and Cost Volume
    • Technical Volume

The Technical Volume should describe in detail the offeror’s proposed plan for providing the services and commodities described in the technical specifications found in Annex 1. It should demonstrate a clear understanding of the work to be undertaken and the responsibilities of all parties involved. The plan should include details on equipment, personnel, and subcontractors that the offeror will make available to carry out the required activities. The plan should also provide details on the anticipated delivery schedule, including an estimated completion date.

There might be multiple offerors selected based on the area of expertise of the assignment. The offeror may provide the input for all or selected areas of expertise according to the details in Annex 1.

If the offeror chooses one or several particular areas this should be clearly stated in the submission email and subject line.

At a minimum, the Technical Volume must contain the following required completed documents:

  1. Letter of Transmittal (see Section 4)
  2. Offeror’s Summary Sheet (see Section 5)
  3. Completed/Signed Certifications (see Section 6).
  4. Past Performance Information
  5. Staffing capacity to undertake the current project
  6. Copy of official registration or business license
  7. CV of Team Members planned to be assigned
  8. Description of proposed services with a clear timeline (visuals will be considered a plus)

Subcontracting arrangements: 

If the execution of work to be performed by the offeror requires the hiring of subcontractors, the proposal must clearly identify the subcontractor(s), contact information of subcontractor(s), and the work they will perform.  ATIC will not refuse a proposal based upon the use of subcontractors; however, ATIC retains the right to approve or reject the specific subcontractors selected.

All electronic copies of documents in the Technical Volume must be in PDF, Microsoft Word or Microsoft Excel format. 

The information contained in the Technical Volume should not contain any cost- or price-related information.

  • Cost Volume

Taking into consideration the complexity of the work, the cost proposal is used to determine which proposals represent the best value and serves as a basis of negotiation before award of a subcontract.

It should offer a clear understanding upon the amount of work, different types of activities (if applicable), but offer a fixed price for the assignment taking into account all details.

The cost proposal shall also include a budget narrative that explains the basis for the estimate of every cost element or line item. Supporting information must be provided in sufficient detail to allow for a complete analysis of each cost element or line item. ATIC reserves the right to request additional cost information if the evaluation committee has concerns of the reasonableness, realism, or completeness of an offeror’s proposed cost.

The agreement under which this procurement is financed does not permit the financing of any taxes, VAT, tariffs, duties, or other levies imposed by any laws in effect in the Cooperating Country. No such Cooperating Country taxes, charges, tariffs, duties or levies will be paid under an order resulting from this RFP.

  • Validity Period

Offers must remain valid for at least 30 calendar days after the offer deadline.

  • Authorized USAID Geographic Code and Source/Nationality

All goods and services offered in response to this RFP or supplied under any resulting award must meet USAID Geographic Code 935 in accordance with the United States Code of Federal Regulations (CFR), 22 CFR §228, available at: http://www.gpo.gov/fdsys/pkg/CFR-2012-title22-vol1/pdf/CFR-2012-title22-vol1-part228.pdf.

The cooperating country for this RFP is Moldova.

Offerors may not offer or supply any commodities or related services that are manufactured or assembled in, shipped from, transported through, or otherwise involving any of the following countries: Burma (Myanmar), Cuba, Iran, North Korea, (North) Sudan, Syria.  Related services include incidental services pertaining to any/all aspects of this work to be performed under a resulting subcontract (including transportation, fuel, lodging, meals, and communications expenses).

  • Eligibility of Offerors

By submitting an offer in response to this RFP, the offeror certifies that it and its principal officers are not debarred, suspended, or otherwise considered ineligible for an award. ATIC will not award a contract to any firm that is debarred, suspended, or considered to be ineligible.

  • Evaluation and Basis for Award

An or multiple awards will be made to the offeror whose proposal is determined to be responsive to this solicitation document, meets the eligibility criteria stated in this RFP, meets the technical, management/personnel, and corporate capability requirements, and is determined to represent the best value to ATIC. Best value will be decided using the tradeoff process.

This RFP will use the tradeoff process to determine best value. That means that each proposal will be evaluated and scored against the evaluation criteria and evaluation sub-criteria, which are stated in the table below. Cost proposals are not assigned points, but for overall evaluation purposes of this RFP, technical evaluation factors other than cost, when combined, are considered approximately equal to cost factors. If technical scores are determined to be equal or nearly equal, cost will become the determining factor.

In evaluating proposals, ATIC will use the following evaluation criteria and sub-criteria:

Evaluation Criteria

Evaluation Sub-criteria

Maximum points

 

Concept and approach to the assignment

20 points

 

Timeframe

20 points

 

Past performance information

30 points

 

Overall cost proposal provided

30 points

Total Points – Technical and Cost Approach                                 100 points

This RFP utilizes the tradeoff process based on ATIC procedures. ATIC will award a subcontract to the offeror whose proposal represents the best value to ATIC. ATIC 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.

  • Negotiations

Best and final price quotations are requested from all offerors. It is anticipated that awards will be made solely on the basis of these original quotations. However, ATIC reserves the right to conduct negotiations and/or request clarifications prior to awarding a subcontract.

  • Terms and Conditions of Subcontract

This is a Request for Proposals only. Issuance of this RFP does not in any way obligate ATIC or USAID to award a subcontract, nor does it commit ATIC or USAID to pay for costs incurred in the preparation and submission of a proposal.

This solicitation is subject to the Draft Order Terms and Conditions detailed in Section 2. Any resultant award will be governed by these terms and conditions. ATIC reserves the right to make revisions to the content, order, and numbering of the provisions in the actual subcontract document prior to execution by ATIC and the selected awardee. Issuance of a subcontract award is subject to availability of sufficient funds.

Section 2.  Background, Scope of Work, Deliverables and Deliverable Schedule

  • Technical Specifications

As specified in Annex 1, ATIC is looking to subcontract one or several companies to deliver e-Learning content as stated in Annex 1 (Specifications).

  • Delivery Requirements

The delivery location for the items described in this RFP is ICTEC, str. Studentilor 9/11, Chisinau, Moldova.  As part of its response to this RFP, each offeror is expected to provide an estimate (in calendar days) of the delivery and execution timeframe (after receipt of order). The delivery estimate presented in an offer in response to this RFP must be upheld in the performance of any resulting contract.

The delivery estimate presented in any offers in response to this RFP must be honest, accurate, and upheld in the performance of any resulting subcontract or order.

 


 

Section 3. Draft Order Terms and Conditions

 Per Section 1.11 of this RFP, in the event of a subcontract award resulting from an offer submitted in response to this RFP, the following terms and conditions will apply: 

  1. All commodities, if applicable, delivered under this subcontract must be transferable to USAID, or another entity in the Cooperating Country designated by ATIC.
  1. Delivery Terms
  2. Delivery terms are ____TBD_____. The Subcontractor shall deliver the deliverables as set forth to the delivery locations
  3. Time is of the essence.  By executing this subcontract, the Subcontractor confirms that it accepts that the delivery schedule stated herein is reasonable, and will comply with the delivery schedule.
  4. Customs clearance.  The Subcontractor shall clear any international shipments through customs and deliver them to the appropriate location(s) specified in Article 5.  ATIC is responsible for providing the Subcontractor with the necessary documentation required by Moldovan customs officials for duty-free customs clearance.
  5. Consignee address.  For any international shipments requiring customs clearance in Moldova, the following consignee address shall be used on each shipment to facilitate duty-free and tax-free customs clearance.
  6. U.S.-flag requirement.  Any international transportation carried out under this subcontract shall take place on US-flag vessels/carriers.  Any international air transportation shall be in accordance with FAR 52.247-63 (“Preference for U.S.-Flag Air Carriers”) and FAR 47.403 (“Guidelines for Implementation of the Fly America Act”).
  1. Payment and financial obligations
    • Subcontract Price

The Subcontractor shall complete all work (including furnishing all labor, material, commodities, equipment, and services) required under this subcontract for the fixed price of             TBD                 . This price shall include all equipment, commodities, shipping costs, licenses, permits, administration costs, labor costs, materials, overhead, profit, and all other costs.

The Subcontractor will be paid the installment amounts listed under the column named “Payment Amount” only upon successful completion and acceptance by ATIC of all corresponding deliverables listed in the column named “Corresponding Deliverable Name.”

  • Payment Terms

ATIC will pay the total price through a series of installment payments as provided in Article 1.9 above, after Subcontractor’s completion of the corresponding deliverables and ATIC’ acceptance thereof. The Subcontractor may submit invoices for deliverables that have been accepted and approved by the authorized ATIC representative. ATIC will pay the Subcontractor’s invoice within fifteen (15) days after the following conditions have been fulfilled:

  1. the Subcontractor has delivered a proper invoice
  2. ATIC has issued an inspection certificate

Payment will be made in MDL or USD based on the location of the company providing services, paid via wire transfer to the account specified in the Subcontractor’s invoice. Payment of unpaid balances will be made upon completion and final acceptance of all works and deliverables by ATIC. Any invoices for services rendered and deliverables submitted—but not accepted by ATIC—will not be paid until the Subcontractor makes sufficient revisions to the deliverables such that ATIC may approve the deliverables and thus the invoice.

  • Invoice Requirements

The Subcontractor shall present an invoice to ATIC only for services and/or commodities that have been accepted by ATIC. The invoice must be an original invoice, submitted to:

ATIC

Attention: Accountant Office

National Association of ICT Companies

To constitute a proper invoice, the Subcontractor’s invoice must include the following information and/or attached documentation. This information will assist ATIC in making timely payments to the Subcontractor:

  1. Subcontractor legal name, subcontract number, invoice date, and invoice number.
  2. Deliverable(s) number, description of approved deliverable(s), and corresponding value.
  3. Bank account information to which payment shall be sent.
  • Cooperating Country Fees, Taxes, and Duties

This subcontract is entered into by ATIC on behalf of the ICTEC Project, an official program of the Government of the United States in Republic of Moldova. 

As such, this subcontract is free and exempt from any taxes, VAT, tariffs, duties, or other levies imposed by the laws in effect in Republic of Moldova.  The Subcontractor shall not pay any host country taxes, VAT, tariffs, duties, levies, etc. from which this USAID program is exempt.  In the event that any exempt charges are paid by the Subcontractor, they will not be reimbursed to the Subcontractor by ATIC.  The Subcontractor shall immediately notify ATIC if any such taxes are assessed against the Subcontractor or its subcontractors/suppliers at any tier.

The Subcontractor is responsible for payment of all applicable taxes, as prescribed under the applicable laws, associated with wages/salaries/compensation for services rendered by individuals employed by the Subcontractor and who are directed to work as required under this Subcontract.  The Subcontractor is liable for payment of all applicable taxes associated with revenues (profit), and other such taxes, fees, or dues for which Subcontractor is normally responsible as a result of operating its business.

  • Set-Off Clause

ATIC reserves the right of set-off against amounts payable to Subcontractor under this subcontract or any other agreement in the amount of any claim or refunds ATIC may have against the Subcontractor.

  1. Authorized USAID Geographic Code

The authorized USAID geographic code for this subcontract is USAID Geographic Code 935 in accordance with the United States Code of Federal Regulations (CFR), 22 CFR §228, available at: http://www.gpo.gov/fdsys/pkg/CFR-2012-title22-vol1/pdf/CFR-2012-title22-vol1-part228.pdf.

The source and nationality of all goods, commodities, and services provided under this subcontract must meet the above-specified USAID geographic code specified in accordance with the regulations found in 22 CFR 228.

The cooperating country for this subcontract is Moldova.

No commodities or related services may be supplied under this subcontract that are manufactured or assembled in, shipped from, transported through, or otherwise involving any of the following countries: Burma (Myanmar), Cuba, Iran, North Korea, (North) Sudan, Syria. Related services include incidental services pertaining to any/all aspects of this work to be performed under a resulting subcontract (including transportation, fuel, lodging, meals, and communications expenses).

  1. Restrictions on Certain Foreign Purchases (FAR 52.225-13)
  2. Except as authorized by the Department of Treasury’s Office of Foreign Assets Control (OFAC), the Subcontractor shall not acquire for its use in the performance of this subcontract, any supplies or services if any proclamation, U.S. Executive Order, U.S. statute, or OFAC’s implementing regulations (31 CFR Chapter V), would prohibit such a transaction by a U.S. person, as defined by law.
  3. Except as authorized by OFAC, most transactions involving Cuba, Iran, the Sudan, Burma and North Korea are prohibited, including importing/exporting to/from the United States, engaging in financial transactions, or facilitating any prohibited transactions by third parties. Lists of entities and individuals subject to economic sanctions – which are updated routinely - are included in OFAC’s List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn. It is the Subcontractor’s responsibility to remain informed as to sanctioned parties and to ensure compliance with all relevant U.S. sanctions and trade restrictions. More information about these restrictions, as well as updates, is available in the OFAC’s regulations at 31 CFR Chapter V and/or on OFAC’s website at http://www.treas.gov/offices/enforcement/ofac.
  4. The Subcontractor shall insert this article, including this paragraph (c), in all subcontracts and subawards issued under this subcontract.
  1. Compliance with U.S. Export Laws

 Subcontractor warrants and agrees to comply with all U.S. export laws and regulations and other applicable U.S. law and regulations, including but not limited to: (i) the Arms Export Control Act (AECA), 22 U.S.C. 2778 and 2779; (ii) Trading with the Enemy Act (TWEA), 50 U.S.C. App. §§ 1-44; (iii) International Traffic in Arms Regulations (ITAR), 22 C.F.R. Parts 120-130.; (iv) Export Administration Act (EAA) of 1979 and the Export Administration Regulations (EAR) 15 C.F.R. Parts 730-774, (including the EAR anti-boycott provision); (v) the International Emergency Economic Powers Act (IEEPA), 50 U.S.C. 1701-1706 and Executive Orders of the President under IEEPA, 50 U.S.C. app. §§ 2401-2420; (vi) Office of Foreign Asset Controls (OFAC) Regulations, 31 C.F.R. Parts 500-598; and (vii) other applicable U.S. laws and regulations. As required, subject to ATIC’ prior approval for all exports or imports under the Subcontract, Subcontractor shall determine any export license, reporting, filing or other requirements, obtain any export license or other official authorization, and carry out any customs formalities for the export of goods or services. Subcontractor agrees to cooperate in providing any reports, authorizations, or other documentation related to export compliance requested by ATIC. Subcontractor agrees to indemnify, hold harmless and defend ATIC for any losses, liabilities and claims, including as penalties or fines as a result of any regulatory action taken against ATIC as a result of Subcontractor’s non-compliance with this provision.

  1. Anti-Kickback
  2. Definitions: 
  • Kickback, as used herein, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind, which is provided, directly or indirectly, to ATIC, the ICTEC project office or any of its employees, the Subcontractor or Subcontractor employees, or vendors in any way related to the performance or subsequent activities of this subcontract, for the purpose of improperly obtaining or rewarding favorable treatment in connection with this subcontract.
  • Person,as used in this article, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.
  • Subcontractor employee, as used in this article, means any officer, partner, employee, or agent of the Subcontractor.     
  1. The Subcontractor and its employees, whether directly or indirectly engaged in the performance of this subcontract, agree to abide by the terms of The United States Anti-Kickback Act of 1986, which prohibits any person from providing or attempting to provide any kickback; soliciting, accepting, or attempting to accept any kickback; or including, directly or indirectly, the amount of any kickback in the contract price charged by the Subcontractor to ATIC.

When the Subcontractor has reasonable grounds to believe that a violation described in paragraph (b) of this provision may have occurred, the Subcontractor shall promptly report in writing the possible violation. Such reports shall be made to ATIC, who shall forward the report to the USAID Inspector General for investigation, as required.

The Subcontractor agrees to cooperate fully with any United States Government agency investigating a possible violation described in paragraph (b) of this article.

ATIC may offset the amount of the kickback against any monies owed by ATIC under this fixed price subcontract or order the monies withheld from future payments due the Subcontractor.

The Subcontractor agrees to include the substance of this article in any contract it may issue under this subcontract.

  1. Terrorist Financing Prohibition

The Subcontractor (including its employees, consultants, and agents) by entering into this subcontract certifies that it does not engage, support or finance individuals and/or organizations associated with terrorism. The Subcontractor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. A list of entities and individuals subject to restrictions, prohibitions and sanctions can be found at the web site of the Department of Treasury’s Office of Foreign Assets Control (OFAC), at http://treasury.gov/ofac. It is the legal responsibility of the Subcontractor to ensure compliance with the Executive Order 13224 and other U.S. laws prohibiting terrorist financing. This provision must be included in all subcontracts or subawards issued under this subcontract.

  1. Eligibility of Subcontractors

In accordance with Federal Acquisition Regulation (FAR) Clause 52.209-6, “Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment,” (SEP 2006), no commodities, software, goods, materials, or services shall be eligible for USAID financing or reimbursement under this subcontract if provided by a subcontractor or supplier (or a subcontractors’ or suppliers’ principle) that is debarred, suspended, or proposed for debarment by USAID or the USG. This applies to the Subcontractor and the Subcontractor’s subcontractors and suppliers as well.

  1. Compliance with Applicable Laws and Standards

The Subcontractor shall perform all work, and comply in all respects, with applicable laws, ordinances, codes, regulations, and other authoritative rules of the United States and Moldova and its political subdivisions and with the standards of relevant licensing boards and professional associations. The Subcontractor shall also comply with the applicable USAID regulations governing this subcontract, which are incorporated by reference into this subcontract, and appear in Article 35, Clauses Incorporated by Reference.

  1. Indemnity and Subcontractor Waiver of Benefits
  2. The Subcontractor waives any additional benefits and agrees to indemnify and save harmless ATIC, USAID, their officers, directors, agents, and employees from and against any and all claims and liability, loss, expenses, suits, damages, judgments, demands, and costs (including reasonable legal and professional fees and expenses) arising out of:

(1)   the acts or omissions of Subcontractor, its employees, officers, directors, agents or its subcontractors;

(2)   injury or death to persons, including officers, directors, employees, agents and subcontractors of Subcontractor, or loss of or damage to property, or fines and penalties which may result, in whole or in part, by reason of the buying, selling, distribution, or use of any of the goods or services purchased or provided under this Subcontract except to the extent that such damage is due to the negligence of ATIC;

(3)   the infringement or violation of any patent, copyright, trademark, service mark, trade secret, or other proprietary interest of any third party resulting from ATIC use, distribution, sale, sublicensing, or possession of the goods (including software and all forms of written materials) or services purchased or provided, as authorized hereunder, or from the use or possession of said goods or services by ATIC, USAID, as authorized hereunder; or false claims submitted by Subcontractor or its subcontractors under this Subcontract or as a result of a Subcontractor misrepresentation of fact or fraud by Subcontractor.

  1. Subcontractor shall defend and settle at its sole expense all suits or proceedings arising out of the foregoing, provided that Subcontractor has notice or is given prompt written notice of such claim or suit and, further, that Subcontractor shall be given necessary information, reasonable assistance and the authority to defend such claim or suit. Subcontractor shall not settle, compromise or discharge any pending or threatened suit, claim or litigation, arising out of, based upon, or in any way related to the subject matter of this subcontract and to which ATIC is or may reasonably be expected to be a party, unless and until Subcontractor has obtained a written agreement, approved by ATIC (which shall not be unreasonably withheld) and executed by each party to such proposed settlement, compromise or discharge, releasing ATIC from any and all liability.
  2. If any of the goods or services provided by Subcontractor hereunder, including without limitation software and all forms of written materials, become the subject of a claim of infringement or violation of a third party's intellectual property, privacy and/or proprietary rights, Subcontractor shall, at its own expense, use its best efforts—

(1)   to procure for ATIC the right to continue use and, if authorized under this Subcontract, distribution of the infringing goods or services or,

(2)   to modify the goods or services to make them non-infringing, or to replace them with equivalent, non-infringing counterparts. 

If none of the above-mentioned can be successfully implemented, then Subcontractor shall refund to ATIC all monies paid to the Subcontractor for the infringing goods and services.

  1. Intellectual Property Rights

The ownership of all copyright and other intellectual property rights in respect of any data compilations, research, spreadsheets, graphs, reports, diagrams, designs, work products, software, or any other documents, developed in connection with this subcontract will exclusively vest in or remain with ATIC, which shall have all proprietary rights therein, notwithstanding that the Subcontractor or its employees may be the author of the intellectual property. All documents relating to the intellectual property or otherwise connected with this fixed price subcontract, the services, or duties must be returned or delivered to ATIC at the time of the expiration or termination of the subcontract. The Subcontractor agrees not to publish or make use of any of the intellectual property, or documents relating thereto, without the prior written approval of ATIC and proper attribution.

  1. Modifications

Modifications to the terms and conditions of this subcontract, including any modification to the scope of work, may only be made by written agreement between authorized personnel of both Parties as stipulated in Article 16 of this subcontract. Each Party shall give due notice and consideration to any proposals for modification made by the other Party.

  1. Changes

In accordance with FAR Clause 52.243-1 “Changes—Fixed-Price” (AUG 1987), ATIC may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this subcontract in the services to be performed.

If any such change(s) causes an increase or a decrease in the cost, or the time required for the performance, or any part of the work under the subcontract, an equitable adjustment shall be made in the subcontract price or delivery schedule, or both, and the subcontract shall be modified in writing accordingly. Any claim by the Subcontractor for adjustment under this subcontract must be asserted within 30 (thirty) days from the date of receipt by the Subcontractor of the modification or change.

  1. Assignment and Delegation

This subcontract may not be assigned or delegated, in whole or in part, by the Subcontractor without the written consent of ATIC. Absent such written consent, any assignment is void.

  1. Termination

ATIC reserves the unilateral right to terminate this fixed price subcontract at any time, paying for all deliverables completed at the time of termination and a pro-rata share of any deliverable in progress, in accordance with FAR Clause 52.249-1, Termination for Convenience of the Government (Fixed Price) (Short Form) (April 1984), which is incorporated by reference in Article 35 herein.

In the event that the Subcontractor fails to make progress so as to endanger performance of this fixed price subcontract, or is unable to fulfill the terms of this fixed price subcontract by the completion date, the Subcontractor shall notify ATIC forthwith and ATIC shall have the right to summary termination of this fixed price subcontract upon written notice to the Subcontractor in accordance with the incorporated FAR Clause 52.249-8, Default (Fixed-Price Supply and Service).

Section 4: Letter of Transmittal

The following cover letter must be placed on letterhead and completed/signed/stamped by a representative authorized to sign on behalf of the offeror, as part of the Technical Volume:

To:                  National Association of ICT Companies

Str. Studentilor 9/11, Chisinau, Moldova

Reference:      RFP No. ICTEC-2020-009

To Whom It May Concern:

We, the undersigned, hereby provide the attached offer to perform all work required to complete the activities and requirements as described in the above-referenced RFP. Please find our offer attached.

We hereby acknowledge and agree to all terms, conditions, special provisions, and instructions included in the above-referenced RFP. We further certify that the below-named firm—as well as the firm’s principal officers and all commodities and services offered in response to this RFP—are eligible to participate in this procurement under the terms of this solicitation.

Furthermore, we hereby certify that, to the best of our knowledge and belief:

  • We have no close, familial, or financial relationships with any ATIC or above mentioned project staff members;
  • We have no close, familial, or financial relationships with any other offerors submitting proposals in response to the above-referenced RFP; and
  • The prices in our offer have been arrived at independently, without any consultation, communication, or agreement with any other offeror or competitor for the purpose of restricting competition.
  • All information in our proposal and all supporting documentation is authentic and accurate.
  • We understand and agree to ATIC’ prohibitions against fraud, bribery, and kickbacks.

We hereby certify that the enclosed representations, certifications, and other statements are accurate, current, and complete.

Authorized Signature: ______________________________________________________

Name and Title of Signatory: _________________________________________________

Date: ___________________________________________________________________

Company Name: __________________________________________________________

Company Address: ________________________________________________________

Company Telephone and Website: ____________________________________________

Company Registration or Taxpayer ID Number: __________________________________

Does the company have an active bank account (Yes/No)? _________________________

Official name associated with bank account (for payment): __________________________

Section 5: Offeror’s Technical Summary Sheet

The following information must be completed and submitted in the Technical Volume:

  1. Name of Offeror:                                                           

Tax ID No.:                                                                                       

DUNS No:                                                                                        

Address:                                                                                           

Telephone/Fax No.:                                                                         

  1. Is the Offeror an official dealer for the commodities offered? ____yes          _____no

III. International warranty on all commodities?                                 ____yes          _____no

Copy of warranty terms/conditions included?                                  ____yes             _____no

How many years for the warranty?                                                   _______ years

III. Authorized agent(s) in Republic of Moldova for service, warranty, etc.:

  1. Name(s):
  2. Address(s):
  3. Telephone No.(s):               Fax No.(s):
  4.  Contact:
  1. Delivery time

Deliverable Number

Deliverable Name

Delivery Schedule

1

   

2

   

3

   

4

   

5

   

etc.

   

(NOTE: Delivery data must be honest, accurate, and upheld in any resulting subcontract.)

                                                                      

Company Name

                                                                      

Name and title of authorized representative

                                                                      

Signature

                                                                      

Date


Section 6: Required Certifications

The following certifications must be completed and submitted in the Technical Volume:

 

Section 6-1: Certificate of Independent Price Determination

Certificate of Independent Price Determination

_________________________(hereinafter called the "offeror")

(Name of Offeror)

(a) The offeror certifies that—

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to— (i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory—

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

Company Name: ____________________________________________

By (Signature): ___________________ Title: ______________________

Printed Name: ____________________ Date: _____________________

Annex 1. Detailed Specifications and Requirements

  1. Background:

During Year 5, Tekwill project performed a feasibility study covering in depth information about the regions, their potential, their interests, availability of local teams and readiness of local authorities to co-finance Tekwill initiatives in the regions. 

The Feasibility Study project had the objective to support Tekwill project three-year program for the development of ICT Excellence Centers in various regions across Moldova. These Centers are expected to repeat the success of Tekwill center in Chisinau, launched in 2017, which contributes to the development of labor force and strengthening innovative companies and start-ups in the selected regions. 

Prior to commence the investment phase, the management of the project carried out a 360-degree analysis to be confident that every specific region has sufficient number of people and sufficient quality of their basic education to effectively absorb programs to be offered through regional excellence centers. In addition, Tekwill project team assessed existing and prospecting demand for educated ICT professionals in the region, seeking for regional partners selected to operate the excellence centers, each operational model being designed to ensure the center’s financial sustainability and return on investments done. 

The study assessed the following aspects: 

  1. Number of schools in the region, 
  2. Number of students with STEAM profile, 
  3. Existing universities/colleges/other type of institutions providing or interested to provide IT specialties, 
  4. Assessment of existing IT or STEAM related programs, curricula, etc., 
  5. Success rate of the students (participation at various contests, Olympiads, etc.), 
  6. Growth potential in the area of IT and/or related specialties, 
  7. Companies present in the region (IT and Telecom), 
  8. Potential for attraction and localization of IT/Telecom and IT in non-IT companies/startups, 
  9. Existing business incubators and/or other initiatives in the areas (not specifically the city), 
  10. Existing or potential private/donor/public stakeholders and their programs, including, but not limited to duration, target, expected impact, budget, if information available, 
  11. Potential sights/buildings provided by various local, preferably public authorities, their development stage and capacity that would allow Tekwill project team to understand the level of effort required in particular sights, 
  12. Identify the regional champions, 
  13. Other relevant information suitable for the regions assessed.

The study also assessed the possibility of existing ATIC/Tekwill programs expansion into the regions: 

  • Impact assessment and prioritization of specific programs,
  • Investment needs into specific physical vs nonphysical infrastructures, 
  • List of actions under specific regional development, 
  • Potential educational and entrepreneurship initiatives, 
  • Model of operations, 
  • Other aspects.

Based on the results of the regional assessment feasibility study Tekwill sent open call invitation to Moldovan regional authorities, regional business support institutions and the Universities proposing to manifest their interest to support Tekwill’s education and business development programs in their regions.

There were 11 application forms received including 10 from the regions and one from Balti Youth Directorate. Remaining 23 regions provided no answer.

In addition, Ion Creanga State Pedagogical University provided general letter of interest and the Academy of Economic Studies of Moldova (ASEM) replied with detailed cooperation proposal, available space, and the team. ASEM also provided detailed statistics as requested. 

Based on this approach three groups of regions were identified: 

  1. Regions with high capacity and sufficient local support. These are Balti municipality, UTA Gagauzia, Ungheni, Cahul and Orhei. There is sufficient size of the target group for Tekwill initiatives in these regions. Local authorities are ready to fund some education initiatives and provide premises and local team. 
  2. Regions with lower capacity but sufficient local support. These are Taraclia, Rezina and Riscani. These are relatively small regions however local authorities are motivated and ready to cooperate and support Tekwill. Rezina also assumes that the region may attract the youth from Ribnitsa (Transnistria). 
  3. Finally, there are some regions including Calaras, Singerei and Soldanesti where local business incubators and even lyceum expressed their interest to cooperate. The resources of these players are limited however they may contribute with a lot of commitment and efforts developing Tekwill’s programs in the regions. 

After a significant number of meetings and discussions with the representatives of the regions that expressed their interest, as well as based on the regions’ high interest to support initiatives were identified following partners for the 1st round of regional extension: Cahul City Hall, Ungheni Education Department, Singerei Business Incubator, Taraclia Education Department, UTA Gagauzia Education Department. 

Also, partnerships with Academia to support and boost IT education and training, together with Innovation and Entrepreneurship component are proposed with: ASEM, Technical University of Moldova (Chisinau City Center and TUM Chisinau Botanica), as well as `A.Russo` State University in Balti.

  1. Assignment and Deliverables

To develop the physical locations, ATIC/Tekwill needs to provide a clear guideline on physical space branding, including, but not limited to:

Assignment 1: 

  1. General Recommendation 
  2. Office plans and zoning
  3. Chromatic elements
  4. Graphic elements and usage of the logo inside the spaces 
  5. Typology of the doors, colors, furniture and lights  
  6. Furniture samples drawings 
  7. Other design details that can provide a general guideline for Tekwill type centers

 

Deliverables: 

  1. One document containing the recommendations and references mentioned above.
  2. Samples, including cost, size, etc.
  3. Alternative samples

Assignment 2: 

Assisting with design Center particularly for the proposed new locations such as: 

  1. Balti - Tekwill in Balti will aim to cover with programs the North region. With a Memorandum already signed between the Government of Moldova, USAID, the local University and industry association, the physical location in Balti is already in process of development via ADR Nord and Moldova Competitiveness Project. There are approx. 100 IT students at the university, and another approx. 200 for connecting industries (engineering). There is a strong Polytechnic College and professional school in Balti, that ATIC has worked before potentially covering the north region. The university already deploys orientation programs, therefore there is potential in this area to cover other rayons: Riscani, Donduseni, etc. The center in Balti will serve as a platform for converging other industries such as Automotive, Energy sector and other areas of production. Taking into consideration the existing university programs, besides the production industries, the focus may be put on arts and creativity, since there are already min 800 students per year trained in arts field. It is crucial to use the existing human capital, build the local team and ensure the sustainability of the Center as part of the network. Since it is the North node of Moldova, the Center in Balti will cover the whole north region. The deployment of content in partnership with the main operators, as well as creation of industry required digital content may lead to a big shift in education in the region. The support of converging tech startups and building the culture there will serve as an enabler for the whole regional economic growth. A total of apr. 1000-1200m2 is envisaged to be in Balti.

The deliverables will include: 

  1. Drawing border. Relevant plan. Photo fixing the existing situation. 
  2. Furniture location plan.
  3. 3D images.
  4. Walls plans
  5. Ceiling plan.
  6. Electrical network plan of the functional location.
  7. Plan to include sockets, switches and low voltage points
  8. Electrical network plan, including ceiling lighting.
  9. Lighting specifications
  10. Finishing of the walls plans.
  11. Deployment of wall design solutions
  12. Furniture specification plan.
  13. Furniture Designs.
  14. Railing drawings and other interior details
  15. Other suggestions may be included at the applicant’s suggestion. 

The proposal will include a clear breakdown of costs related to each of the above elements, including any additional services that may be provided and have not been taken into consideration initially.


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