RFP: PR and Communication Services Startup City Cahul

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Request for Proposals (RFP)

RFP Number:             EU4Moldova: StartupCityCahul-2020-002

Issuance Date:              20.10.2020

Deadline for Offers:       15.11.2020

Description:                 Communication and PR Services (12 consecutive months for the project)

For:                             EU4Moldova: Startup City Cahul

Funded By:                 European Union through Sweden, Reference Agreement 13797

Issued By:                   National Association of ICT Companies (ATIC)

Point of Contact:         a.chirita@ict.md, contact person Ana Chirita, Project Director

                                   vbordei@ict.md, Communication Consultant

Section 1: Introduction and Instructions to Offerors                                           

1.1       Acronyms and Definitions

            ATIC                           National Association of ICT Companies

            EU                               European Union

            ICT                              Information and Communication Technology

            IT                                Information Technology

STEM                         Science Technology, Engineering and Math

VAT                            Value Added Tax

1.2       Introduction

The Government of Sweden has entered into a delegated agreement with the European Union in June 2020 for the implementation of Startup City Cahul Project aiming to develop a regional ICT Innovation centre for the Cahul region.

The National Association of ICT Companies has entered into an agreement with Sweden on September 15, 2020 for the implementation of the project.

The project is in line with the Annual Action Programme 2019 in favour of the Republic of Moldova and its Action entitled ‘EU4Moldova: Startup City Cahul’, based on the Commission Decision ENI/2019/042-243.

The overall objective of the Action is to harness and strengthen the potential of the digital economy and enhance regional competitiveness, its business and its investment environment.

The specific objectives are:

  • ·        Foster partnerships for innovation and entrepreneurship between the private sector, public sector and educational institutions in the region of Cahul.
  • ·        Promote technology, problem solving and creative solutions in learning and make STEM topics (Science, Technology, Engineering and Mathematics) more attractive for women and men, girls and boys.
  • ·        Facilitate the emergence of start-ups in innovative sectors, build their capacity and investment readiness.

The Action is aligned to the Eastern Partnership priorities, the revised Association Agenda and the objectives of the 2017-2020 Single Support Framework (SSF) for Moldova and Chapter 18 of the European Union – Moldova Association Agreement. It will also support the implementation of the Eastern Partnership's ‘20 Deliverables for 2020’, as they relate to economic development. The proposed activities will support the implementation of the priorities identified in the European Joint Development Cooperation Strategy (Joint Programming Document) and the National Strategy for enhancing IT industry competitiveness ‘Digital Moldova 2020’.

Under the programmatic approach, the Action will contribute to the regional development of Cahul, in agreement with the Government of Moldova’s strategies for regional growth and well-being. The initiative will involve the major regional stakeholders and a general memorandum of understanding will be negotiated to seek commitment of the governmental authorities.

Swedish Regional Reform Cooperation Strategy 2014-2020

Area of Support 1: Enhanced economic integration with the EU and development of market economy

Objective 1.1: Competitive small and medium-sized enterprises make up a greater share of the economy

EU

Eastern Partnership priorities, 20 Deliverables for 2020

Revised Association Agenda / Chapter 18 of the European Union – Moldova Association Agreement

Objectives of the 2017-2020 Single Support Framework (SSF) for Moldova Sector 1: Economic development and market opportunities, including sustainable and inclusive economic growth

EU Joint Programming Area 1: Economic development and market opportunities including sustainable and inclusive economic growth, social protection and health

Sustainable Development Goals:

Goal 8: Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all / Targets 8.3-8.6

Goal 9: Build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation / Target 9.3

National Development Plan:

Moldova 2030 Goal 1: Increase revenues from sustainable sources and reduce economic inequalities

Moldova 2030 Goal 3: Improve working conditions and reduce informal employment

Sector Strategy: Digital Moldova 2020’

MDPA Relevance:

Rural Development, opportunities for youth, employment/SME outside of capital, Women/Girls in STEM

Duration:

4 years – September 2020-August 2024

References:

Moldova Priority:

  • ·        promote economic development nationwide through ICT sector development.
  • ·        creation of a network of “mini Tekwills” around the country, that will be based on the same formula as the Tekwill Chisinau with the participation of stakeholders from academia, private sectors, national and local authorities, as well as the donor community.
  • ·        Additional universities are seeking to be part of the initiative, to engage private sector and development partners in the modernization of the ICT and STEM curricular content.
  • ·        The Ministry of Education is open to optional training programmes developed by ATIC/Tekwill to become accessible in schools under a ‘Tekwill in every school programme’. The programmes having special focus on girls/women in STEM.

EU Support:

  • ·        EU to provide a key support to ICT sector development in the Cahul micro region, with some activities having a national coverage,

Synergies with other initiatives:

  • ·        create synergies and added value through a close collaboration with the Sida/USAID funded ICT innovation project in consolidating the capacity of the Tekwill Centre in Chisinau, while creating linkages with other universities and expanding activities to other regions in the country.

Cahul:

  • ·        almost no IT enterprises in the region today, even though both the University and the College have IT related specialties and they train altogether approximately 150 students/year.
  • ·        several companies have their operations in Cahul acquiring IT specialists

Overall objective:

To support inclusive economic development in Moldova by increasing the potential of the digital economy and enhancing regional competitiveness and its business and investment environment.

Expected Results:

Expected Result 1: The Regional Innovation and Technology Centre in Cahul (‘EU4Innovation Centre’) is established, fully functional and operated.

Expected Result 2: More young people, especially girls and women, are attracted to start a career/work in the ICT sector:

2.1. Content developed in line with the EU4Digital Agenda;

2.2. STEM programmes are expanded nationwide;

2.3. New up-to-date training courses and other skills development programmes are implemented, that meet the needs of the industry.

Expected Result 3: Enabling conditions for innovative sectors start-ups to emerge and grow are put in place:

3.1. The ICT entrepreneurship culture and community are strengthened;

3.2. Accelerations facilities and programmes for technology start-ups are created. 

Activities

  1.    Support the creation of a Regional Innovation and Technology Centre in Cahul (‘EU4Innovation Centre’). (EUR 2,020,696)
  • ·        Sub-activity 1: Support the establishment, operations and business model of the Cahul ICT EU4 Innovation Centre.
  • ·        Sub-activity 2: Cahul ICT EU4Innovation Centre – physical establishment and endowment
  • ·        Sub-activity 3: Content development for the Cahul EU4 Innovation Centre
  1.    Support a campaign and the development of a programme to promote technology, problem solving and creative solutions in learning and improve the attractiveness of STEM. (EUR 1,627,981)
  • ·        Sub-activity 1: Development of STEM activities as extracurricular Centre activities
  • ·        Sub-activity 2: Development of STEM activities as part of the systemic approach
  1.    Developing a seed funding and acceleration programme for digital and innovative start-ups and entrepreneurs, strengthening their capacity building and investment readiness. (EUR 1,642,463)
  • ·        Sub-activity 1: Feasibility study for the design of a startup and accelerator Seed Fund
  • ·        Sub-activity 2: Design a tool-box and training modules for start-ups
  • ·        Sub-activity 3: Establishment and operation of the Seed Fund
  • ·        Sub-activity 4: Promotion, communication and networking activities
  • ·        Sub-activity 5: Initiate entrepreneurship training activities

1.3       Assignment:

Responsible companies/individuals are invited to provide PR and communication services for one-year term assignment of the EU4Moldova: Startup City Cahul project and provide support to the following categories to assist the project team with:

  1. STRATEGIC COMMUNICATION PLAN DEVELOPED IN LINE WITH THE CONTRACT GUIDELINES
  2. Analysis of the existing target groups
  3. Analysis of the project deliverables and project activities
  4. Determining the main communication messages (overall, tailored, per program, per activity)
  5. Differentiate and propose key elements of the communication
  6. Perform a market research on the messages to be delivered based on the regional context, and what can/should be communicated.
  1. RESEARCH AND PREPARATION OF OVERALL STRATEGIC MESSAGES PER ACTIVITY AND OBJECTIVE
  2. Identification of the target groups and their segmentation by category of interaction or interest
  3. Develop methodology, conduct research, identify stakeholder expectations
  4. Elaboration of strategic communication messages
  5. Analyze and formulate conclusions based on the participants' reactions and adapt the communication messages
  1. CREATION OF THE COMMUNICATION PLAN
  2. Define the objectives in communicating with the audience and the expected results
  3. Defining communication tools and channels
  4. Identification of recommended communication tools
  5. Establishing performance indicators
  6. Develop conclusions and recommendations
  7. Development of the calendar of activities
  1. IMPLEMENTATION OF THE INSTRUMENTS ACCORDING TO THE COMMUNICATION PLAN
  2. Implementation of the proposed action plan and activities (monthly)
  3. Integration of the calendar of activities in the communication plan
  4. Management of the communication activities based monthly

The selected companies should take into consideration the recognition of the main stakeholders (namely EU and Sweden in this process), as well as approach targeted communication of the main partners/counterparts/ emphasizing the project outcomes and outreach. The project team will provide the selected company with the Branding/Communication internal documentation to be integrated into the strategic communication plan.

Strategic plan Deliverables:

  • ·           Presentation of the methodology. Detailed framework/design, implementation plan and data collection tools
  • ·           Strategic Communication plan and methodology to reach the plan
  • ·           Full .doc, .docx report with annexes in English (and Romanian)
  • ·           Short report / executive summary (should summarize key findings and recommendations (5-7 pages) and needs to be submitted as part of the final report) in English and Romanian
  • ·           Presentation to the team members and main stakeholders (donors) for approval
  • ·           Other that may be required.

Monthly Assistance expected deliverables will include:

  • ·        Submission of an ongoing plan in an .xls or .doc format for approval with the team
  • ·        Development, continuous update and implementation of the Communication and PR plan in order to achieve the set communication targets (PR activity, local media coverage to include interviews and appearances, concepts for press events, etc)
  • ·        Development of the communication materials (press releases, announcements, articles, press invitations and any other required PR materials);
  • ·        Development and publication in the local mass media of success stories to reflect and document the progresses reached within the project;
  • ·        Press event organization, including media relations before, during and after the press events;
  • ·        Media monitoring and reporting;
  • ·        Planning and providing support for the participation of Project representatives in interviews, TV and radio shows etc (preparing the information for the press and the possible questions, preparing the messages for the speakers etc);
  • ·        Executing targeted public relations campaigns to generate feature articles, event listings, and related publicity for Project activities;
  • ·        Development of social media campaigns to be aligned with the general communication for the Project.
  • ·        The assignment is expected to commence no later than 10 days after signing the contract.
  • ·        Monthly report for executed work

Questions and Requests for Clarifications

Questions regarding the technical or administrative requirements of this RFP may be submitted no later than November 3, 2020, 18:00 local Chisinau time by email to vbordei@ict.md, cc achirita@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.

1.4       Offer Deadline

Offerors shall submit their expression of interest to participate and propose offers until November 15, 2020 via e-mail to vbordei@ict.md, cc achirita@ict.md.

Offerors shall submit their offers in hard-copy and/or electronically.

Hard-copy offers must be received no later than November 15, 2020 at the following address: 

In attention of Mrs. Ana Chirita,

Strategic Projects Director

Str. Studentilor 9/11

Emailed offers must be received by the same time and date at the following address:

In attention of Mrs. Viorica Bordei, 

Communication Consultants

vbordei@ict.md

In attention of Mrs. Ana Chirita, 

Strategic Projects Director

achirita@ict.md

Offerors are responsible for ensuring that their offers are received in accordance with the instructions stated herein. Late offers may be considered at the discretion of ATIC. 

1.5       Protocol for Submission of Offers

Hard Copy Submissions:

Each offeror must submit its proposal in two separate volumes:  the Technical Volume and the Cost Volume.  The following number of copies is required in each submission:

  1.        Technical and Cost Volume:  Three (3) original hardcopies and one (1) electronic copy on electronic portable device of the technical volume, per the instructions below.
  2. All offers and related documents must be enclosed in sealed envelopes with the name and address of the offeror and the RFP number (“RFP No. Startup City Cahul-2020-002”) clearly marked on the outside.  The Technical Volume and the Cost Volume must be submitted together.   If multiple envelopes must be submitted due to the size of a proposal, offerors must ensure that each envelope is sealed and clearly marked with the information described above.
  1.       Electronic Submissions:

The Offeror must submit the proposal electronically with attachments compatible with MS Word, Excel, or Adobe Portable Document (PDF) format in a Microsoft environment. Those pages requiring original manual signatures should be scanned and sent in PDF format as an email attachment.

All offers must be prepared in English, Romanian or Russian.

1.5.1    Technical and Cost Volume

1.5.1    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.

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

For Consulting companies:

  1. Letter of Transmittal (see Section 3)
  2. Offeror’s Summary Sheet (see Section 4)
  3. Completed/Signed Certifications (see Section 5).
  4. Past Performance Information (see Section 2.4), including min 2 references from prior activities
  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

The proposals of each interested company/individual consultant should include:

  • ·        Timeframe and schedule of proposed implemented actions
  • ·        CV of key people working on the assignment
  • ·        Technical approach to complete the assignment
  • ·        Potential entry points/questionnaires to complete the assignment

Best candidates should demonstrate:

  • ·        Prior experience in communication, prior IT projects or collaborations will be considered a plus, prior assistance to donor driven projects will be considered an advantage
  • ·        Good understanding of the IT ecosystem and educational IT initiatives in the country
  • ·        Relevant international expertise will be considered a plus
  • ·        Fluency in all three Romanian, Russian and English will be considered a plus
  • ·        Prior and relevant expertise/knowledge in investments projects (if physical infrastructure will be chosen as an impact component of the future assignment)

For independent consultants (individual or consortium):

  1. CV
  2. Past performance information, including references
  3. Offer
  4. Concept of delivery of the assignment
  5. Copy of relevant licenses

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.

1.5.2    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.

In case the Offeror’s cost proposal exceeds the equivalent of EUR 50.000, the Offeror shall provide a bank guarantee in amount of 10% per model in annex No.3 below. The bank guarantee must be annexed to Cost Volume.

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.

The budget will be presented explicitly the cost for implementation and development of the solicited deliverables discussed at in section 1.2, as well as any potential additional works separately in a clear breakdown format by any specified compartments so that the evaluation committee can clearly differentiate and evaluate the proposed offers. 

Financial Offers:

Financial offers should be divided in 2 phases covering the development of the strategic communication plan, and assisting EU4Moldova: Startup City Cahul project with monthly communication (lump sum fee, excluding placement of paid articles). The monthly assistance fee should be proposed for a period of 12 consecutive months from the moment of the signature of the contract.

1.6       Validity Period

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

1.8       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.

1.9       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

Technical approach to complete the assignment

20 points

Timeframe

20 points

Past performance information

20 points

Overall cost proposal provided

40 points

Total Points – Technical and Cost Approach                                   100 points

1.10     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. 

1.11     Terms and Conditions of Subcontract

This is a Request for Proposals only. Issuance of this RFP does not in any way obligate ATIC, Sweden or EU to award a subcontract, nor does it commit ATIC, Sweden or EU 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

2.1      Technical Specifications

As specified in Annex 1, ATIC is looking to subcontract one or several companies to deliver consulting services as stated described at 1.2 (Assignement).

2.2       Delivery Requirements

The delivery location for the items described in this RFP is Tekwill, str. Studentilor 9/11.  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                                               

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 the donor, or another entity in the Cooperating Country designated by ATIC.
  2.    Delivery Terms
  3.    Delivery terms are ____TBD_____.  The Subcontractor shall deliver the deliverables as set forth to the delivery locations
  4.    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.
  5.   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.
  6.   Consignee address.  For any international shipments requiring customs clearance in the Moldova, the following consignee address shall be used on each shipment to facilitate duty-free and tax-free customs clearance.

PAYMENT AND FINANCIAL OBLIGATIONS

3.1 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, if appropriate and relevant to the subcontract.

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.”

3.2 Payment Terms

ATIC will pay the total price through a series of installment payments as provided in Article 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. a)     the Subcontractor has delivered a proper invoice
  2. b)     ATIC has issued an inspection certificate

Payment will be made in MDL or EUR 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.

3.3 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 | Startup City Cahul Project

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:

Subcontractor legal name, subcontract number, invoice date, and invoice number.

Deliverable(s) number, description of approved deliverable(s), and corresponding value.

Bank account information to which payment shall be sent.

3.4 Cooperating Country Fees, Taxes, and Duties

This subcontract is entered into by ATIC on behalf of the Startup City Cahul Project, financed by the European Union through Sweden. 

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 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.

3.5 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.

Grounds for disqualification:

  1. A firm may be excluded from the evaluation and the award of a contract, who:
  2. a) is bankrupt or is being wound up, whose affairs are being administered by court, who has entered into an arrangement with creditors, who has suspended business activities or who is subject of an injunction against running business by court;
  3. b) is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by court, or for an arrangement with creditors or of any other similar proceedings;
  4. c) has been convicted of an offence concerning his professional conduct by a court;
  5. d) has been found guilty of grave professional misconduct; or
  6. e) has not fulfilled obligations relating to payments of taxes or social security contributions.
  1. Economic resources provided by the EU under this Project shall not be made available to, or for the benefit of, third parties - whether entities, individuals or groups of individuals - designated by the EU as subject to restrictive measures in the lists provided at www.sanctionsmap.eu (“EU Restrictive Measures”).

Anti-Kickback

(a)       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 Startup City Cahul 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.          

(b)       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 donors for notification and investigation, as required.

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.

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 Sweden, European Union 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 EU and Sweden regulations governing this subcontract, which are incorporated by reference into this subcontract, Clauses Incorporated by Reference.

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.

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. Each Party shall give due notice and consideration to any proposals for modification made by the other Party.

Changes

fATIC 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.

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.

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 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.

Section 3: 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                    

Reference:      RFP No. Startup City Cahul-2020-002

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 4: Offeror’s Technical Summary Sheet                                                        

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

  1.         Name of Offeror:        

            Tax ID 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 5: Required Certifications                                                                              

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

Section 5-1: 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: _____________________

 


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