Request for Proposals (RFP) Child Survival Action and Child Health Task Force Advocacy RFP No: 37709-CHTF-CSA at John Snow Inc - JSI

Part A: Cover Page

Issuance Date:   December 16, 2024 

Questions Due Date/Time:  December 20, 2024, 5:00PM and Eastern Standard Time

Proposal Due Date/Time:   December 27, 2024, 5:00PM and Eastern Standard Time

The MOMENTUM Routine Immunization Transformation and Equity project, herein referred to as “the project”, implemented by JSI Research & Training Institute, Inc., is soliciting proposals to support the Child Health Task Force and Child Survival Action Advocacy Group. The MOMENTUM Routine Immunization Transformation and Equity project is funded by the United States Agency for International Development (USAID) and is subject to all applicable Federal regulations and provisions.

Please submit your most competitive proposal in accordance with the instructions to offerors and terms of reference.  Any award issued as a result of this RFP will be subject to all instructions, terms of reference/ specifications, certifications, terms and conditions and funder required clauses.  This RFP document includes the following parts:

 PART A:                Cover Page

 PART B:                Instructions to Offerors

 PART C:                Terms of Reference 

 PART D:                Certifications

 Attachment A:   General Terms & Conditions

 Attachment B:   Funder Required Clauses

JSI is committed to the highest standards of ethics and integrity in procurement.  JSI has zero tolerance for fraud and strictly prohibits bribes, kick-backs, gratuities, and any other gifts in-kind or in monetary form.  JSI also strictly prohibits collusion (bid rigging) between vendors and between vendors and JSI staff. JSI selects vendors on merit and will only engage vendors who demonstrate strong business ethics. Vendors must not participate in bid-rigging or attempt to offer any fee, commission, gift, gratuity or any compensation in-kind or in monetary form to JSI employees. Vendors who do so will be disqualified from doing business with JSI. Additionally, JSI has a conflict of interest policy that requires staff to disclose when there is a potential conflict of interest due to the staff-member’s relationship with a vendor, and if necessary, to refrain from participation in a procurement involving that vendor.  If at any time your organization has concerns that an employee has violated JSI policy, you may submit a report via JSI’s Code of Conduct Helpline at: www.jsi.ethicspoint.com.

Part B: INSTRUCTIONS TO OFFERORS

DEFINITIONS 

Offeror:  The individual or firm providing proposals for the supplies or services requested under this RFP.

Contractor/Vendor: The individual or firm awarded the services requested under the RFP in the form of a PO/contract.

Buyer: JSI Research and Training Institute, Inc. (JSI).

2. PROPOSAL SUBMISSION AND REQUIREMENTS 

Offerors are encouraged to read the RFP document in its entirety and ensure that their proposal addresses all of the items cited in the proposal instructions and meets the selection criteria. All proposals must be submitted by the deadline established on the cover page of this RFP. Offers received after this due date and time will not be accepted for consideration. 

Questions:

All questions or clarifications regarding this RFP must be in writing and submitted to momentumri@jsi.com, no later than December 20, 2024. Questions and requests for clarification, and the responses thereto, will be posted on JSI website or circulated to all RFP recipients who have indicated interest in this RFP.

Only written answers from JSI’s authorized representative will be considered official and carry weight in the RFP process and subsequent evaluation. Any answers received outside the official channel, whether received verbally or in writing, from employees of JSI, the project, or any other party, will not be considered official responses regarding this RFP.

Submission of Proposals:

The proposals must be prepared in two separate volumes:

Technical Proposal; and Cost Proposal. The technical and cost proposal must be kept separate.  Technical proposals must not make reference to pricing data in order to evaluate the technical proposal strictly on the basis of technical merit. 

The written proposal must contain the following information and documentation:

Technical Proposal Requirements/ Proposed Plan and Approach

 The Technical proposal shall describe how the offeror intends to carry out the Terms of Reference as stated in Part C. It should be concise, specific, complete, and demonstrate a clear understanding of the work to be undertaken and the responsibilities of all parties involved. It must demonstrate the offeror’s eligibility, as well as their capabilities and expertise in conducting each step of the activity. 

Offerors shall include only information necessary to provide a clear understanding of the proposed action and the justification for it. Greater detail than necessary, as well as insufficient detail may detract from a proposal’s clarity. Assume that the reader is not familiar with the particular context in which the project will be implemented. Minimize or avoid the use of jargon and acronyms as much as possible. If acronyms or abbreviations are used, include a separate page explaining the terms. 

Capabilities and Past Performance

The offeror must submit a capabilities statement along with documentary evidence of past performance. 

The capabilities statement should not exceed five (5) pages in length and will be used to evaluate the offeror’s organizational, financial, and technical capacity, in relation to the Terms of Reference in Part C. The Capabilities Statement must include, but is not limited to: size of the agency, financial resources available to complete this work, staffing competencies and capabilities, past experience performing similar work with other donor organizations, and a company profile and/or brochure.

Cost Proposal Requirements

• The offeror should submit their most competitive and complete cost proposal.
• A fixed unit cost and total cost proposal for completion of works as described in the terms of reference (Part C). 
• All costs must be stated in USD.
• A fixed price for each category of deliverable, each of which will be considered a fixed price budget for that specific segment of work. The price of the PO/ contract to be awarded will be an all-inclusive fixed price. No profit, fee or additional costs can be included after the award. All items/ services must be clearly labeled and included in the total offered price. 
• Please indicate all prices exclusive of VAT, Excise or other taxes. 
• The offeror should submit a cost proposal budget narrative. 

Cost Proposal Budget Narrative Preparation Instructions

A detailed budget narrative that justifies the costs as appropriate and necessary for the successful completion of proposed activities should be attached to the budget. The budget narrative should clearly describe the project and cost assumptions. All proposed costs and estimates must be reasonable and allowable in accordance with the US Government’s Cost Principles established in 2CFR200, Subpart E. All proposed costs must be directly applicable to performing the work under the award and budgeted amounts should not exceed the market cost/value of an item or service. 

The budget narrative should be of sufficient detail so that someone unfamiliar with your organization or the activity could review and adequately understand and grasp the assumptions, reasonableness and calculation method used. 

Budget narrative must be prepared using Microsoft Word software. Supporting information must be provided in adequate detail for conducting a comprehensive analysis. 

Certifications 

The proposal shall be accompanied by all required Certifications in Part D, signed by an authorized official of the offeror.

• Representations and Certifications
• Certification Regarding Debarment, Suspension, or Proposed Debarment

AWARD

JSI intends to issue a fixed price purchase order / contract in the estimated amount of 210,000 USD to the offeror(s) who best meet the criteria specified in this RFP and are determined to be responsible and eligible contractor to provide the required goods/services. 

EVALUATION CRITERIA

Proposals will be evaluated first to ensure that they meet all mandatory requirements and are responsive. To be determined responsive, a proposal must include all documentation as listed in section 2.  Proposals that fail to meet these requirements will receive no further consideration. A non-responsive proposal to any element may be eliminated from consideration. 

Responsive proposals will be evaluated and ranked by a committee on a technical basis according to the criteria below. Those proposals that are considered to be technically acceptable shall then be evaluated in terms of cost.

For the purpose of selection, the evaluation will be based on the following weighted point scale (totaling 100 points) of the proposal in its entirety, including, but not limited to, the following:

No.	Criteria	Points
1	Technical Approach, Methodology and Implementation plan Comprehensiveness of proposal approach. Clarity and appropriateness of proposed activity. Implementation plan and proposed timeline are realistic and include all proposed elements of activity. Responsiveness to Terms of Reference	40
2	Capabilities and Past Performance Organizational, financial and technical capabilities and resources to implement this work. Previous successful past experience implementing similar activities.	20
3	Personnel / Staffing  Technical, programmatic and financial and administrative staff proposed to successfully manage the award. Qualifications and experience of proposed staff.	20
4	Proposed Costs  Reasonableness of proposed budget based on scope of activities proposed. Summary budget, detailed budget, and budget notes included. Comparative lowest price.	20
	Total	100

TERMS OF AWARD

This document is a request for proposals only, and in no way obligates JSI or its donor to make any award. Please be advised that under a fixed price contract the work must be completed within the specified total price. Any expenses incurred in excess of the agreed upon amount in the PO/ contract will be the responsibility of the contractor and not that of JSI or its donor.  Therefore, the offeror is duly advised to provide its most competitive and realistic proposal to cover all foreseeable expenses related to provide requested goods/services. 

All deliverables produced under the future award/contract shall be considered the property of JSI. JSI may choose to award a contract for part of the activities in the RFP.  JSI may choose to award a contract to more than one offeror for specific parts of the activities in the RFP. 

PROPOSAL VALIDITY 

The offeror's technical and cost proposals must remain valid for not less than 120 calendar days after the deadline specified above.  Proposals must be signed by an official authorized to bind the offeror to its provisions.

PAYMENT TERMS

JSI payment cycle is net 30 days upon receipt of deliverables, goods/services, inspection and acceptance of goods/services as in compliance with the terms of the award and receipt of vendor invoice.  Full cooperation with JSI in meeting the terms and conditions of payment will be given the highest consideration. 

FINANCIAL RESPONSIBILITY 

Offerors which are firms and not individuals must include in the capabilities statement that they have the financial viability and resources to complete the proposed activities within the period of performance and under the terms of payment outlined below. JSI reserves the right to request and review the latest financial statements and audit reports of the offeror as part of the basis of the award.

LANGUAGE

The proposal, as well as correspondence and related documents should be in English.

Source/Nationality: 

All goods and services offered in response to this RFQ must meet the source and nationality requirements set forth in United States Code of Federal Regulations, 22 CFR 228. Cuba, Iran, Iraq, Laos, Libya, North Korea, and Syria are prohibited source countries and no goods can be produced or sourced from those countries.

The authorized geographic code for this RFQ is 937. Code 937 is defined as the United States, the cooperating country, and developing countries other than advanced developing countries, and excluding prohibited sources. This means goods not located in the U.S. can only be shipped from the U.S. or a developing country (excluding advanced developing countries). The list of eligible developing countries is at: https://www.usaid.gov/sites/default/files/documents/1876/310maa.pdf. The list of advanced developing countries is at: https://www.usaid.gov/sites/default/files/documents/1876/310mab.pdf.

NEGOTIATIONS 

The offeror's most competitive proposal is requested.  It is anticipated that any award issued will be made solely on the basis of an offeror’s proposal. However, the project reserves the right to request responses to additional technical, management and cost questions which would help in negotiating and awarding a contract. The project also reserves the right to conduct negotiations on technical, management, or cost issues prior to the award of a PO/ contract.  In the event that an agreement cannot be reached with an offeror the Project will enter into negotiations with alternate offerors for the purpose of awarding a PO/ contract without any obligation to previously considered offerors.

REJECTION OF PROPOSALS 

JSI reserves the right to reject any and all proposals received, or to negotiate separately with any and all competing offerors, without explanation. 

INCURRING COSTS 

JSI is not liable for any cost incurred by offerors during preparation, submission, or negotiation of an award for this RFP.  The costs are solely the responsibility of the offeror.

MODIFICATIONS 

JSI reserves the right, in its sole discretion, to modify the request, to alter the selection process, to modify or amend the specifications and scope of work specified in this RFQ. 

CANCELLATION 

JSI may cancel this RFP without any cost or obligation at any time until issuance of the award. 

Part C: Terms of Reference

Purpose:                        Child Survival Action and Child Health Task Force Advocacy           

Activity Manager:          Dyness Kasungami, Project Director, Global Child Health Task Force

Period of Performance:                January 2025 – September 30, 2025

Place of Performance:                   Remote 

Activity Code:                                   2.1A CHTF Annex

DESCRIPTION OF REQUIREMENT (GOODS OR SERVICES):

Background 

MOMENTUM (Moving Integrated, Quality Maternal, Newborn, and Child Health and Family Planning and Reproductive Health) Routine Immunization Transformation and Equity, herein referred to as “the project” aims to strengthen routine immunization (RI) programs to overcome the entrenched obstacles contributing to stagnating and declining immunization rates and barriers to reaching zero-dose and under-immunized children with life-saving vaccines. The project also provides country, regional, and global technical support for routine immunization of children and older populations.

The Child Health Task Force (CHTF) is a global network of implementing partners, governments, donors, multi-laterals, academic institutions, private sector entities and individuals working together to strengthen comprehensive and equitable child health programs. The Secretariat, led by JSI, receives funding from USAID Africa and Global Health Bureaus through the project. 

The Secretariat also coordinates Child Survival Action (CSA), a renewed call to action to support the 59 countries (the majority in sub-Saharan Africa) off track to achieving the SDG under-five mortality target of 25 deaths or fewer per 1,000 live births. Operationalizing the call to action requires a country-led process to identify the communities and families where children are at greatest risk, understand the vulnerabilities and barriers to accessing quality healthcare, prioritize interventions to address the major causes and risk factors of death through primary health care (PHC) (inclusive of community level and multi-sectoral approaches), and finance and implement accelerated solutions. CSA was officially launched in April 2023 and includes three action teams – Country Engagement, Results & Accountability, and Advocacy. The following scope of work is focused on the advocacy component of CSA. However, collaboration across teams is critical and expected.

This year, CHTF plans to expand the CSA Advocacy team to encompass the broader work conducted by the CHTF, including advocacy for children aged above five years and those living outside of the 59 off-track countries. However, CSA advocacy will remain an emphasis of the group given the time-bound nature and high regional burden.

Objectives 

The purpose of this scope of work is to provide support to guide the expanded CHTF and CSA Advocacy Group to:

• Strengthen prioritization of child health and development, resulting in sustained political will and increased resources dedicated to child health programming and integration of child health within broader agendas across the health and relevant non-health sectors (e.g., environment, education), especially in the countries off-track to achieve SDG 3.2.
• Energize and support African leaders to champion CSA in their countries and on the continent.
• Build on existing relationships with country governments and civil society organizations (CSOs), and build new relationships, to support the 59 off-track countries to advocate for accelerated actions for child survival.
• Develop the capacity of CSOs in select countries to lead advocacy efforts, including resource mobilization and advocacy plan development, to elevate child survival in their respective countries.

Activities/Tasks 

Activities:
1. Regional and national leadership	Energize and support African leaders to champion CSA in their countries and on the continent through supporting key events including a Summit for the African Child and Parliamentarian trainings, and through continued partnership with key regional partners including Africa Center for Disease Control (CDC), Organization of African First Ladies for Development (OAFLAD), African Leaders Malaria Alliance (ALMA) and the African Union. Coordinate, prepare, and refine a draft article publication on CSA, authored by an African leader, linked to a policy window or strategic event agreed on with Secretariat and partners. Following finalization and approval by the JSI activity manager, submit the article for publication. Revise the draft article as needed based on feedback from the target publication(s). Support dissemination and socialization of the article following publication.
2. Regional Advocacy Plan implementation	Implement the CSA Regional Advocacy Plan, including by outlining key global and regional events and opportunities to socialize CSA in 2025-2026 with a focus on the African continent. Global-level opportunities with a strong reach with key African stakeholders (e.g., WHA) should also be included in the outline. Maintain and update this outline throughout the year as needed. Support the Secretariat and CSA partners to implement side-events or other engagement mechanisms (e.g., booths, exhibits, abstracts) at priority global and regional convenings. Support may include support in concept note development, support for event planning and coordination, and day-of-event support. Coordinate and collaborate with the CSA Results & Accountability Action Team and where relevant, the CSA Country Engagement Action Team, to design evidence-based advocacy products for dissemination during key policy windows and convenings. Refine and implement the Communications/Social Media Toolkit to build support for CSA, especially via channels with regional popularity. This may include developing materials and messaging for posts, as well as advising on opportunities to strengthen social media presence. Collaborate with the CHTF Communications Advisor to disseminate social media messaging via CHTF channels.
3. Country-led advocacy	Coordinate with the CSA Country Engagement Team, including through regular attendance at Country Engagement Team meetings, and provide identified advocacy support within a national and sub-national context. Examples of types of support to be provided include support for country-led workshops or forums and support for developing advocacy plans and/or key messaging to advance CSA at the country level. Build CSOs' capacity to effectively advocate for investments in child survival. Examples of capacity-building efforts may include supporting CSOs in grant writing and hosting workshops with CSOs to develop advocacy plans and advance their advocacy capacity. Use the tools developed for the country CSA toolkit to provide TA to countries for their local advocacy efforts.
4. Coordination of the CHTF Advocacy Subgroup/CSA workstream	Serve as a co-chair for the CHTF Advocacy subgroup, or the CSA workstream including facilitating meetings, leading annual priority setting, setting agendas, coordinating with other subgroup co-chairs on support needs, and aligning with related initiatives to support the continuum of care. Update the existing CSA advocacy blueprint as needed to ensure alignment with the broadened advocacy agenda.

Deliverables and Schedule

Deliverables	Description
1.  Plan for the Summit for the African Child	Expand on the existing concept note and socialize the expanded plan for the Summit on the Africa Child with key stakeholders in the industry. The deliverable includes A) An expanded plan with a tentative timeline and budget, reviewed and approved by the Sierra Leone Ministry of Health and the JSI activity manager, and B) A report on the feedback from key stakeholders including funders with whom the concept note is socialized.
2. Regional events operational plan	Building on the existing Regional Advocacy Plan, develop a proposed operational plan for 2025-2026 including a calendar of key regional & global events to engage African leaders and other CSA partners, engagement strategy, and social media messages for each event. All plans, social products, and messages should be developed in collaboration with advocacy partners and reviewed and approved by the JSI activity manager before finalization.
3. Final journal article/opinion piece	Final article, focused on child survival, linked to a policy window or strategic event, and authored by an African leader, submitted to an outlet that is approved by the author and the JSI activity manager. This deliverable also includes any revisions following feedback from the publisher.
4. ALMA Parliamentarians – Strategy	Final report summarizing the consultant’s role in conducting outreach and advocating for CSA inclusion in the ALMA Parliamentarian workshops
5. Report on ALMA Parliamentarian workshops	Final report summarizing A) Objectives, participants, and key takeaways and outcomes of CSA inclusion in the ALMA Parliamentarian workshops; and B) Recommended follow-up actions to continue CSA engagement with parliamentarians.
6. Report on country-level CSO advocacy support	Final report summarizing engagement and support provided to country-based CSOs, including a) A summary of discussions held with CSO(s) and how these discussions will contribute to capacity-strengthening for CSO(s); b) Recommended follow-up actions to continue and expand CSA engagement with the CSO(s). Each of the five CSO reports will focus on one country and a minimum of two CSOs in that country.
7. CSO in-person workshop report	Coordinate and assume financial responsibility for an in-person workshop with CSOs in a country agreed upon by the JSI activity manager and CSA partners to finalize and adopt advocacy tools, develop a national-level advocacy work plan, and define actions to accelerate CSA advocacy at national and sub-national levels. The final report will include a copy of the adopted advocacy tools, the draft national level advocacy work plan and/or resource mobilization plan, and a summary of the workshop including participants, key takeaways, and recommended next steps for continued engagement.
8. Country Platform operational plan	Expanded plan for designing, building, and adopting a country platform for peer engagement, networking, and accountability among CSA countries. The expanded plan will build upon an existing “Country Platform” document, and should include the following: A) The structure and design of the proposed country platform, approved by the JSI activity manager and CSA partners before finalization; B) An explanation for how the country platform will complement CSA structure and function; and C) An outline of proposed steps for adopting and implementing the country platform into CSA
9. Report on the African Leaders Dialogue	Liaise with African ministers of health and allied ministers to establish a quarterly meeting for dialogue, advocacy, and accountability among ministers of health. Present a report on the first series of dialogue which will include a) a summary of the dialogue series including key participants and discussion points; b) key outcomes of the dialogue series; and c) recommendations for improving the dialogue series and/or following up on key outcomes. Present a report on subsequent meetings and progress made as per the agreed upon cadence.
10. Monthly Summaries	Monthly summary of progress made under the CSA advocacy subgroup. This deliverable includes coordinating the subgroup as a co-chair, attending group meetings and check-in meetings with the Secretariat, collaborating with CSA action teams and CHTF subgroups to support their advocacy expertise needs, and creating linkages with relevant regional forums, professional associations, or other stakeholder groups. Each summary report should include the following: A) A summary of work conducted as co-chair of the advocacy subgroup; B) A summary of support provided to CSA and/or CHTF partners; and C) A summary of any other relevant work supported by the consultant to implement the CSA Regional Advocacy Plan. Monthly summaries may note work that is conducted under a separate deliverable under this SOW where relevant. However, the primary focus of monthly summaries should be on the support provided by the consultant that is not otherwise documented by another deliverable under this SOW, such as time dedicated to leading and coordinating CSA/CHTF Advocacy subgroup workstreams.
11. Resource Mobilization Operational Plan	Develop and submit at least four series of concept notes to support engagement with potential funding partners. Conduct outreach with the target funding partners. In addition, develop an operational plan to work with the Global Fund and other existing funding mechanisms to catalyze resources for countries to develop, monitor, advocate for and implement CSA plans. The final deliverable should include A) the four concept notes; B) a copy of meeting notes and suggested follow up activities with four potential funding partners; and C) a copy of the above-described operational plan.
12. Trip reports for conducting advocacy during the  selected events and policy windows   CPHIA Meeting Trip report African Union Trip Report	Leverage key policy windows to engage with African leaders and civil society actors and influence priority setting. This deliverable includes coordinating CSA activities (e.g., side event, exhibit, abstract, etc.) at the given convening, supporting the development of and/or socialization of advocacy products for the convening, and participating and networking at the convening as a CSA/CHTF representative. Each trip report should include key takeaways, findings and accomplishments, action items from the conversations with target African leaders and next steps for CSA/CHTF. The African Union trip will be subject to a go/no-go milestone, at which time the JSI activity manager will approve whether to proceed with spending, depending on the agenda and planned activities to be held at the convening.  All advocacy products (including concept notes for events, run of shows, abstracts, evidence-based advocacy products, or other materials) that were developed for the convening, must be attached to the trip report.
Requirements:
Key personnel must have a masters degree in communications, public policy, and/or a development field e.g. public health or international development with a communications or advocacy focus. Key personnel must have a minimum 10 years of experience in advocacy and communications for global development. Demonstrated experience and results in advocacy for health in Africa, with a focus on child health or related issue areas. Demonstrated success in developing advocacy strategies with global health networks and coalitions. Experience in high-level collaboration with partners from a multi-sectoral and multi-cultural perspective, including experience collaborating with key global health partners on the African continent. Experience working with donors, multilaterals, international NGOs, local NGOs, CSOs, and governments on health-related issues. Experience coordinating and planning side-events or sessions at global or regional health or development convenings. Strong interpersonal communication skills. Strong writing skills. Strong coordination and organizational skills. Fluency in both English and French preferred

Part D: Certifications

A. Representations & Certifications 

Part I – Certifications and Assurances

1. Certification Regarding Lobbying

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Cooperative Agreement, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned must complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions.

3. The undersigned must require that the language of this certification be included in the award documents for all subawards at all tiers (including contracts, subawards, and contracts under grants, loans, and cooperative agreements) and that all subrecipients must certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, United States Code. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

 

2. Certification Regarding Terrorist Financing, Implementing Executive Order 13224

By signing and submitting this application, the prospective Vendor provides the certification set out below:

1. The Vendor, to the best of its current knowledge, did not provide, within the previous ten years, and will take all reasonable steps to ensure that it does not and will not knowingly provide, material support or resources to any individual or entity that commits, attempts to commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to commit, facilitated, or participated in terrorist acts, as that term is defined in paragraph 3.  The Certification in the preceding sentence will not be deemed applicable to material support or resources provided by the Vendor pursuant to an authorization contained in one or more applicable licenses issued by the U.S. Treasury’s Office of Foreign Assets Control (OFAC).

 

2. The following steps may enable the Vendor to comply with its obligations under paragraph 1:

 

a. Before providing any material support or resources to an individual or entity, the Vendor will verify that the individual or entity does not (i) appear on the master list of Specially Designated Nationals and Blocked Persons, which is maintained by OFAC, or (ii) is not included in any supplementary information concerning prohibited individuals or entities that may be provided by USAID to the Vendor.

b. Before providing any material support or resources to an individual or entity, the Vendor also will verify that the individual or entity has not been designated by the United Nations Security (UNSC) sanctions committee established under UNSC Resolution 1267 (1999) (the “1267 Committee”) [individuals and entities linked to the Taliban, Usama bin Laden, or the Al-Qaida Organization].  To determine whether there has been a published designation of an individual or entity by the 1267 Committee, the Vendor should refer to the consolidated list available online at the Committee’s Web site: http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm.

c. Before providing any material support or resources to an individual or entity, the Vendor will consider all information about that individual or entity of which it is aware and all public information that is reasonably available to it or of which it should be aware.

d. The Vendor also will implement reasonable monitoring and oversight procedures to safeguard against assistance being diverted to support terrorist activity.

3. For purposes of this Certification -

a. “Material support and resources” means currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.”

(i) “Training" means instruction or teaching designed to impart a specific skill, as opposed to general knowledge.

(ii) “Expert advice or assistance" means advice or assistance derived from scientific, technical, or other specialized knowledge.

 

b. “Terrorist act” means -

(i) an act prohibited pursuant to one of the 12 United Nations Conventions and Protocols related to terrorism (see UN terrorism conventions Internet site: http://untreaty.un.org/English/Terrorism.asp); or

(ii) an act of premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents; or

(iii) other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act.

 

c.  “Entity” means a partnership, association, corporation, or other organization, group or subgroup.

d. References in this Certification to the provision of material support and resources must not be deemed to include the furnishing of USAID funds or USAID-financed commodities to the ultimate beneficiaries of USAID assistance, such as recipients of food, medical care, micro-enterprise loans, shelter, etc., unless the Vendor has reason to believe that one or more of these beneficiaries commits, attempts to commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to commit, facilitated or participated in terrorist acts.

e. The Vendor’s obligations under paragraph 1 are not applicable to the procurement of goods and/or services by the Vendor that are acquired in the ordinary course of business through contract or purchase, e.g., utilities, rents, office supplies, gasoline, etc., unless the Vendor has reason to believe that a vendor or supplier of such goods and services commits, attempts to commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to commit, facilitated or participated in terrorist acts.

This Certification is an express term and condition of any agreement issued as a result of this application, and any violation of it will be grounds for unilateral termination of the agreement by USAID prior to the end of its term.

3. Representation by Organization Regarding a Delinquent Tax Liability or a Felony Criminal Conviction

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, none of the funds made available by that Act may be used to enter into an assistance award with any organization that –

1. “Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency has direct knowledge of the conviction, unless the agency has considered, in accordance with its procedures, that this further action is not necessary to protect the interests of the Government”; or
2. “Has any unpaid Federal tax liability that has been assessed for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency has direct knowledge of the unpaid tax liability, unless the Federal agency has considered, in accordance with its procedures, that this further action is not necessary to protect the interests of the Government”.

It is USAID’s policy that no award may be made to any organization covered by (1) or (2) above, unless the M/OAA Compliance Division has made a determination that suspension or debarment is not necessary to protect the interests of the Government.

b. Applicant Representation:

1. The Applicant represents that it is [          ] is not [                ] an organization that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
2. The Applicant represents that it is [          ] is not [                ] an organization that has any unpaid Federal tax liability that has been assessed for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

4. Prohibition on Providing Federal Assistance to Entities that Require Certain Internal Confidentiality Agreements – Representation (May 2017) 

(a) Definitions.

“Contract” has the meaning given in 2 CFR Part 200.

“Contractor” means an entity that receives a contract as defined in 2 CFR Part 200.

“Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the Vendor requires any of its employees or subrecipients to sign regarding nondisclosure of vendor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that vendor employees or subrecipients sign at the behest of a Federal agency.

“Subaward” has the meaning given in 2 CFR Part 200.

“Subrecipient” has the meaning given in 2 CFR Part 200.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for federal assistance to a non-Federal entity that requires its employees, subrecipients, or contractors seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements that prohibit or otherwise restrict its employees, subrecipients, or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c )The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its application, the prospective Vendor represents that it will not require its employees, subrecipients, or contractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting its employees, subrecipients, or contractors from lawfully reporting waste, fraud, or abuse related to the performance of a Federal award to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (for example, the Agency Office of the Inspector General).

5. Certification of Vendor

By signature hereon, or on an offer incorporating these Representations, Certifications, and Other Statements of Offerors, the offeror certifies that they are accurate, current, and complete.  These assurances are binding on the Vendor, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign these assurances on behalf of the Vendor.

Offeror Name
Signature
Signatory Name
Signatory Title
Date

ATTACHMENT A: GENERAL TERMS & CONDITIONS

• GOODS AND RELATED SERVICES: The contractor shall deliver the goods and services described on the Purchase Order (PO), of the type, in the quantity, at the delivery date and at the price as indicated on the PO.  The quantity of the goods and services shall conform in all respects to the requirements of the PO. All goods (including but not limited to materials, parts, components and sub-assemblies thereof) shall be new, unused, non-remanufactured and non-refurbished. 
• INSPECTION/ACCEPTANCE: The Vendor shall tender for acceptance only those items that conform to the requirements of this purchase order. JSI reserves the right to inspect or test any supplies or services that have been tendered for acceptance. JSI may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in purchase order price. JSI must exercise its post acceptance rights: (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. JSI has unilateral authority to determine if the performance results have been met. 
• INVOICE REQUIREMENTS: Invoices shall be submitted prior to payment.  Each invoice shall identify the Vendor’s name, address, invoice number, dates of performance and specify the payment amount.  It shall also include a reference to the purchase order number, and specify the goods that have been delivered or the services that have been rendered or the deliverables that have been delivered as a requirement for payment. Upon acceptance of the goods or deliverables by JSI, payment shall be made to the Vendor as per the payment terms and in the currency stated on the purchase order. 

TERMINATION FOR CONVENIENCE: JSI reserves the right to terminate this purchase order, or any part, for its convenience.  In the event of such termination, the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.  Subject to the terms of the purchase order, the Vendor shall be paid a percentage of the purchase order price reflecting the percentage of the work performed prior to the termination. 

TERMINATION FOR CAUSE: JSI reserves the right to terminate this purchase order, or any part, for cause in the event of any defaults by the Vendor, or if the Vendor fails to comply with the terms and conditions of the purchase order, or fails to provide JSI with adequate assurances of future performance.  In the event of termination for cause, JSI shall not be liable for any amount of supplies or services not accepted, and the Vendor shall be liable to JSI for any and all rights and remedies provided by law.

WARRANT: Vendor warrants that the goods and/or services delivered and rendered hereunder conform to the purchase order requirements, are free of latent defects, and are merchantable and fit for use for the particular purpose described in the purchase order (or, if no such purpose is specifically described, for the purposes for which the goods or services, as applicable, are ordinarily used).

CHANGES:  Changes in the terms and conditions of this purchase order may be made only by written amendment issued by JSI.

RISK OF LOSS: Unless the purchase order specifically provides otherwise, risk of loss or damage to the supplies provided under this purchase order shall remain with the Vendor until, and shall pass to JSI upon delivery of the supplies to JSI at the destination specified in the purchase order. This clause is applicable to goods only.

INDEPENDENT CONTRACTOR: The relationship between the Parties pursuant to this Purchase Order is that of independent contractors, and nothing contained herein shall be deemed to create a relationship of partners, joint ventures, agent and principal, employer and employee, or any relationship other than that of independent contractors. At no time shall either Party make any commitments or incur any charges or expenses for or in the name of the other Party.

CONFIDENTIALITY: The Vendor agrees to treat all information provided by JSI or gathered during the course of providing services as confidential and privileged and to not publish or disseminate such information or otherwise share such information with any third party without the written consent of JSI. The Vendor also agrees to not use such information for any purpose other than to fulfill its obligations under this purchase order without the written consent of JSI.

RIGHTS IN WORK PRODUCT: Vendor agrees that JSI retains the entire right, title and interest in all deliverables, data, and other intellectual property produced by the Vendor under this agreement (collectively “Work Product”). Vendor agrees that the Work Product is specially commissioned and works made-for-hire, and that JSI is deemed the author for copyright purposes. To the extent that any Work Product is not deemed work made-for-hire, Vendor hereby assigns to JSI all its right, title and interest in such Work Product.

PRICES: The Prices (Unit Prices and extended prices) specified in the purchase order are firm, fixed, all-inclusive total prices including all taxes or duties as may be applicable, and covering performance of all of Vendor's obligations under the purchase order, including, but not limited to, delivery of the goods and/or services in accordance with the purchase order delivery term and performance of all associated and related services.

LIQUIDATED DAMAGES: Both parties acknowledge that the time fixed for delivery in this Purchase Order is of the essence as well as the difficulty of ascertaining at the time of contracting the precise nature and amount of actual damages JSI will suffer in the event of Vendor’s delayed performance. In the event of delay in performance, JSI reserves the right, in addition to any other remedies under this PO, to retain as liquidated damages from any payment due the Vendor an amount equal to one percent (1%) of the cost of the PO for every complete week of delay or a part thereof, reckoning from the time fixed by the PO.  The total amount of the liquidated damages shall, however, be limited to ten percent (10%) of the value of the delayed contract.  The parties agree that these amounts represent a reasonable estimate of the actual damages anticipated at the time of contracting, and confirm they have been negotiated and agreed upon. 

DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION: The Vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for disbarment, excluded or otherwise disqualified from participation in this transaction by any U.S. Federal Government department or agency, and is not delinquent on any State or Federal tax.

COMPLIANCE WITH U.S. SANCTIONS: The Vendor represents that: 1) it and, to the best of its knowledge, its owners, principals, and affiliates are not subject to economic sanctions administered by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, and; 2) except as authorized by OFAC, the goods delivered under this contract, including any component or ingredient thereof, are not manufactured in a sanctioned country or sourced from a country, person or organization subject to OFAC sanctions.. Entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx.

IMPLEMENTATION OF E.O. 13224 – EXECUTIVE ORDER ON TERRORIST FINANCING: The Vendor 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. This includes individuals or entities that appear on the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Treasury (online at: http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) or the United Nations Security designation list (online at: https://scsanctions.un.org/search/). It is the legal responsibility of the Vendor to ensure compliance with these Executive Orders and laws.

CODE OF CONDUCT AND MANDATORY DISCLOSURES: 

• JSI is committed to high standards of ethics and integrity and expects the same from its partners. Vendor shall conduct itself in an ethical manner and in compliance with applicable laws. This includes exercising due diligence to prevent and detect fraud, and other criminal or unethical conduct.
• Vendor certifies that no actual or potential conflict of interest exists that would conflict in any manner or degree with the performance of its obligations under this purchase order. The Vendor must disclose to JSI any actual or potential conflicts of interest that currently exists or that arises during performance.
• Vendor will not offer or accept money, gifts, or other things of value directly or indirectly for the purpose of improperly influencing any act or decision relating to this purchase order. Vendor certifies that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any agency, Member of Congress, or employee or officer thereof on its behalf in connection with the awarding of this purchase order. 
• If this is a Purchase Order for services, Vendor shall not discriminate against any of the intended beneficiaries of the program for which services are provided, such as, but not limited to, by withholding, adversely impacting, or denying equitable access to the benefits provided through the program on the basis of any factor not expressly stated in this agreement.
• JSI has zero tolerance for human trafficking, any form of sexual exploitation or abuse, as well as any form of child abuse, exploitation or neglect. That zero tolerance extends to the actions of its business partners and their employees. 
• JSI's Anti-Trafficking Policy is incorporated into this purchase order. This policy prohibits Vendor, its employees, its subcontractors and subcontractor employees from engaging in trafficking in persons, procurement of commercial sex acts, use of forced labor, and other acts that directly support or advance trafficking in persons. By signing this purchase order, the Vendor confirms that the Vendor has read, understands and agrees to comply with the JSI/WEI Anti-Trafficking Policy posted at http://www.jsi.com/anti-trafficking-policy.
• JSI's Child Safeguarding Standards of Behavior are incorporated into this purchase order. Vendor agrees to comply with these standards and to prohibit its personnel, second tier subcontractors, and other agents from engaging in child abuse, exploitation or neglect. Vendor further agrees to comply with applicable local and international child welfare standards and/or laws. JSI's Child Safeguarding Standards of Behavior are included in JSI’s Child Safeguarding Policy posted at https://www.jsi.com/child-safeguarding-policy/
• Vendor agrees it will ensure that its employees act in a manner consistent with the standards for United Nations (UN) employees in Section 3 of the UN Secretary-General’s Bulletin - Special Measures for Protection from Sexual Exploitation and Sexual Abuse (ST/SGB/2003/13). This prohibits Vendor employees from engaging in sexual exploitation or abuse including the exchange of money, employment, goods or services for sex, including sexual favors, or other forms of humiliating, degrading or exploitative behavior. 
• Vendor must immediately report to JSI any credible allegations of trafficking in persons (including procurement of commercial sex acts and use of forced labor), sexual exploitation or abuse, or child abuse, exploitation or neglect related to this purchase order. 
• Vendor is responsible for maintaining procedures to prevent and address violations of these requirements. Vendor’s violation of these policies may result in termination of the purchase order, along with additional action as required (e.g. referral to appropriate authorities or funder).
• In addition to the other reporting requirements of this clause, Vendor must disclose to JSI, in a timely manner, any credible evidence received that alleges fraud, conflict of interest, bribery, gratuity violations, or discrimination potentially affecting this purchase order or the prime contract. Vendor shall not discharge, demote, or otherwise discriminate against any employee as a reprisal for the employee making any disclosures under this provision to JSI, a Member of Congress, or an authorized official of a Federal agency. 
• Vendor must submit the mandatory disclosures or reports required by this clause to the JSI Code of Conduct Helpline via telephone number 1-855-715-2899 or online at www.jsi.ethicspoint.com.
• COMPLIANCE WITH LAWS: Vendor certifies that its employees are authorized to work in the US under US law. Vendor explicitly warrants that it is in compliance with all applicable Federal, state and local laws, as amended, including, as applicable, 41 CFR 60-1.4, 41 CFR 60-250.4, and 41 CFR 60-741.4, with respect to nondiscrimination in employment on the basis of race, religion, color, national origin, or sex, equal opportunity, affirmative action, employment of disabled veterans, and veterans of the Vietnam era, and employment of the handicapped. If this is a Purchase Order for services,
• REMEDIES: Violation of any of the terms and conditions of this agreement constitutes grounds for termination of the assignment and may result in the Vendor being barred from future assignments with JSI. The exercise of these rights does not limit JSI’s right to also seek any and all other legal remedies.
• INDEMNIFICATION: The Vendor shall indemnify and hold JSI harmless from any claim, suit, loss, damage, cost or expenses (including reasonable attorneys’ fees) arising out of or in connection with the Vendor’s negligence, willful misconduct, breach of this agreement, or other legal wrong-doing in any way connected with activities under this Agreement.
• DISPUTES: In the event of any claims or disputes arising from or relating to this Purchase Order, the parties shall use their best efforts to settle the claims or disputes. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they fail to reach such a solution within sixty (60) days, either Party may refer the matter to arbitration, which shall be the exclusive method of resolving such disputes. The arbitration shall be conducted in Boston, Massachusetts or, if JSI determines at its sole discretion it would be more convenient, in the country of performance. The arbitration shall be administered by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its International Arbitration Rules before a single arbitrator appointed in accordance with such rules. The results of arbitration shall be final and binding on the Parties and shall be in lieu of any other remedy. Judgment may be entered upon the award in any court of competent jurisdiction.
• FORCE MAJEURE: Neither party shall be liable in damages for any default in performing hereunder if such default is caused by  a force majeure event, including, but not limited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. 

GENERAL: 

• This Purchase Order is the sole and entire agreement between the parties relating to the subject matter hereof, and supersedes all prior understandings, agreements, and documentation relating to the subject matter hereof. This Purchase Order may be amended only by an instrument executed by the authorized representatives of both parties. 
• Every provision of this Purchase Order is intended to be severable. If any term or provision of this Purchase Order is illegal or invalid for any reason, the illegality or invalidity shall not affect the legality or validity of the remainder of this Purchase Order, and all other provisions of this Purchase Order shall remain in full force and effect.
• This Purchase Order shall be interpreted in accordance with the substantive law of the Commonwealth of Massachusetts. 

ATTACHMENT B: FUNDER REQUIRED CLAUSES

• NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE.
• This contract incorporates one or more clauses by reference. When applicable, these clauses are given the same force and effect as if they were given in full text. Upon request, JSI will make their full text available. Also, the full text of a clause may be accessed electronically at these address(es):  https://www.usaid.gov/ads/policy/300/303maa
• For purposes of the those clauses that provide for rights, obligations and procedures effecting the Government’s rights and JSI’s obligations under the prime agreement, references to the “Recipient” or “Contractor” shall mean “Vendor” and “Award”, “Agreement” or “Contract” shall mean “Purchase Order”; references to the “Government” shall mean the “Government and JSI”, “the Contracting Officer” shall mean the “Contracting Officer and JSI.” In all other instances, references to the “Government” shall mean “JSI;” references to the “Government Agreement Officer” shall mean the “JSI.”

USAID Standard Provisions for U.S. Nongovernmental Organizations (ADS Reference 303maa - Mandatory Reference for ADS 303)
Number	Title	Date
M3	NONDISCRIMINATION	JUNE 2012
M8	USAID ELIGIBILITY RULES FOR GOODS AND SERVICES	JUNE 2012
M17	TRAVEL AND INTERNATIONAL AIR TRANSPORTATION	DECEMBER 2014
M18	OCEAN SHIPMENT OF GOODS	JUNE 2012
M20	TRAFFICKING IN PERSONS	APRIL 2016
M24	PILOT PROGRAM FOR ENHANCEMENT OF GRANTEE  EMPLOYEE WHISTLEBLOWER PROTECTIONS	SEPTEMBER 2014
M26	PROHIBITION OF REQUIRING CERTAIN INTERNAL  CONFIDENTIALITY AGREEMENTS OR STATEMENTS	MAY 2017
M29	NONDISCRIMINATION AGAINST BENEFICIARIES	NOVEMBER 2016
RAA5	VOLUNTARY POPULATION PLANNING ACTIVITIES –  SUPPLEMENTAL REQUIREMENTS (JANUARY 2009)	JANUARY 2009

CONDOMS (ASSISTANCE) (SEPTEMBER 2014)

Information provided about the use of condoms as part of projects or activities that are funded under this agreement shall be medically accurate and shall include the public health benefits and failure rates of such use and shall be consistent with USAID’s fact sheet entitled, “USAID HIV/STI Prevention and Condoms.” This fact sheet may be accessed at: http://www.usaid.gov/sites/default/files/documents/1864/CondomSTIIssueBrief.pdf

The prime recipient must flow this provision down in all subawards, procurement contracts, or subcontracts for HIV/AIDS activities.

PROHIBITION ON THE PROMOTION OR ADVOCACY OF THE LEGALIZATION OR PRACTICE OF PROSTITUTION OR SEX TRAFFICKING (ASSISTANCE) (SEPTEMBER 2014)

• This U.S. Government is opposed to prostitution and related activities, which are inherently harmful and dehumanizing, and contribute to the phenomenon of trafficking in persons. None of the funds made available under this agreement may be used to promote or advocate the legalization or practice of prostitution or sex trafficking. Nothing in the preceding sentence shall be construed to preclude the provision to individuals of palliative care, treatment, or post-exposure pharmaceutical prophylaxis, and necessary pharmaceuticals and commodities, including test kits, condoms, and, when proven effective, microbicides.
• (1) Except as provided in (b)(2), by accepting this award or any subaward, a non-governmental organization or public international organization awardee/subawardee agrees that it is opposed to the practices of prostitution and sex trafficking.

The following organizations are exempt from (b)(1):

• The Global Fund to Fight AIDS, Tuberculosis, and Malaria; the World Health Organization; the International AIDS Vaccine Initiative; and any United Nations agency.
• U.S. non-governmental organization recipients/subrecipients and contractors/subcontractors
• Non-U.S. contractors and subcontractors if the contract or subcontract is for commercial items and services as defined in FAR 2.101, such as pharmaceuticals, medical supplies, logistics support, data management, and freight forwarding.

(3) Notwithstanding section (b)(2)(iii), not exempt from (b)(1) are non-U.S. recipients, subrecipients, contractors, and subcontractors that implement HIV/AIDS programs under this assistance award, any subaward, or procurement contract or subcontract by:

• providing supplies or services directly to the final populations receiving such supplies or services in host countries;
• providing technical assistance and training directly to host country individuals or entities on the provision of supplies or services to the final populations receiving such supplies and services; or
• providing the types of services listed in FAR 37.203(b)(1)-(6) that involve giving advice about substantive policies of a recipient, giving advice regarding the activities referenced in (i) and (ii), or making decisions or functioning in a recipient’s chain of command (e.g., providing managerial or supervisory services approving financial transactions, personnel actions). 
• The following definitions apply for purposes of this provision:

Commercial sex act means any sex act on account of which anything of value is given to or received by any person.

Prostitution means procuring or providing any commercial sex act and the “practice of prostitution” has the same meaning.

Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act (22 U.S.C. 7102(9)).

• The recipient must insert this provision, which is a standard provision, in all subawards, procurement contracts or subcontracts for HIV/AIDS activities
• This provision includes express terms and conditions of the award and any violation of it shall be grounds for unilateral termination of the award by USAID prior to the end of its term.