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									                     Kabul City Initiative Program – 22 Districts of Kabul province – Afghanistan

Contract No. EPP-I-00-04-00035-00                                          Task Order: EPP-I-05-04-00035-00

                        Tetra Tech ARD/KCI Request for Proposal No 002-147
                                                      00
     Date of Issuance:                          July 29, 2012

     Closing Date for Questions:                Aug 02, 2012-11:00 AM kciquestions@kci-tetratech-ard.com

     Bidders Briefing/Site Visit:               Aug 04, 2012-10:00 AM in Taimani, Street # 3 & 4, close to
                                                Malika Soraya Girls’ School, Kabul – Afghanistan.
                                                (Mandatory)
     Closing Date for
     Submission of Proposals:                   August 12, 2012 - 12:00 PM RFP@kci-tetratech-ard.com

     Opening Date for Financial
     Proposals:                                 August 13, 2012 – 01:00 PM (will be sent via email)


     SUBJECT:         Tetra Tech ARD/KCI Request for Proposal No 002-147 entitled: CONSTRUCTION OF
                      NEW TAIMANI PARK

     Dear Sir or Madam,

     You are hereby invited to submit a technical and financial proposal in support of Tetra Tech ARD/KCI’s
     subject Request for Proposal No. 002-147 CONSTRUCTION OF NEW TAIMANI PARK

     1.     Statement of Work:

     A description of the technical requirements for this Project is presented in the attached Statement of Work.
     (Appendix A)

     2.     Please note that:

           Costs of preparing the proposal and of negotiating a contract are not reimbursable.
           Your proposal must be valid for 60 days from the date of its submission.
           Tetra Tech ARD/KCI is not bound to accept any of the proposals submitted.

     3.     Questions

     All questions must be submitted prior to the Closing Date for questions stated on the RFP Cover Page. All
     Offerors must submit their questions to KCI via e-mail address: KCIQuestions@kci-tetratech-ard.com, and
     include in the subject line “RFP No. 002-147 CONSTRUCTION OF NEW TAIMANI PARK”

     All questions and subsequent replies will be distributed to all Offerors. In submitting questions each Offeror
     shall include his/her full name, the name of the Offerors Company, and contact details. Any questions

                                                                                                     Page 1 of 39
received, along with Tetra Tech ARD/KCI responses will be made available to all invited Offerors in the pre-
proposal meeting scheduled above and will provide answers to all questions electronically by a modification to
the RFP. Questions received after the date and time specified may not be answered.


4.       Proposal Compliance and Responsiveness Determination:

This will be the initial review of your proposals following bid opening to ensure that all forms and certifications
are complete, that all elements of the RFP have been addressed, and both the technical and financial proposal
are received. It should be also noted that all proposals not in Dari will be rejected.

5. Bidders Briefing and Site Visits:

ARD/KCI intends to hold a Bidders Briefing meeting and site visit on August 04, 2012 at 10:00AM
in Taimani, Street # 3 & 4, close to Malika Soraya Girls’ School, Kabul – Afghanistan, to discuss
questions or comments pertaining to the RFP. During this conference, Tetra Tech, ARD/KCI will
provide responses to all questions received by August 02, 2012 (11:00 AM) deadline and provide
details on how to prepare your proposal to better meet the requirements of the RFP.

The Bidders Briefing will be immediately followed by site visit and is mandatory to every bidder. Site
investigations and conditions affecting the work will be part of the subsequent contract award.
Offerors are urged and expected to inspect the site where the work will be performed.


6. Submittal Requirements:

Electronic Submission ONLY: Follow these instructions while submitting the proposals by email:

         The ARD/KCI email gateway accepts messages whose total size with attachments is 8 MB (no
          zipped or compressed files) and consist of two physically separate parts (Part A – Technical and
          Part B Financial);
         An email proposal must be submitted to RFP@kci-tetratech-ard.com and the subject line of the
          email must include “Request for Proposal No 002-147 CONSTRUCTION OF NEW TAIMANI
          PARK.”
         Acceptable native file formats are Microsoft Office Suite applications (.DOC, .XLS, .MDB) or
          adobe Acrobat (.PDF);
         Time of receipt of the email is the ARD/KCI email gateway time-stamp of the message header;
         It is the sole responsibility of the Offeror to ensure that the electronic media submitted is virus free
          and can be opened and read by TT ARD/KCI. If we are unable to open and read the offer you will
          be notified and shall have 24 hours to correct the deficiencies. After that time if the media cannot
          be opened or read by TT ARD/KCI staff the offer will be considered “Non Responsive” and
          rendered ineligible for award; and
         Late submissions – Any proposal received by TT ARD/KCI after the exact time specified for
          receipt of offers is “late” and will not be considered.
         Respondents are encouraged to request a “read receipt” of your email submission to assure
          that the date and time are in accordance with the RFP herein.




                                                                                                    Page 2 of 39
7. Technical and Financial Proposal Requirements:

Tetra Tech ARD has invited Technical and Financial proposals from firms who have expressed an interest
in performing work under this project. It is requested that Offerors organize their Technical and Financial.
Proposals as noted below. This request is made to facilitate Tetra Tech ARD/KCI’s review of the submitted
material thus enabling a rapid decision and contracting process.

8. Technical Proposal Requirements:

The technical proposal must be written in English and Dari excluding appendixes/supporting documents. A
maximum of 10 type-written pages (Type: Times New Roman, Font Size 11, Margins: 1” all around) will be
allowed with no more than 3 pages covering Company Information and Relevant Past Performance. The
technical proposal shall be submitted in the format set forth below, responding to points A through D as
follows:

      A. Firm Information

      Provide the name, address and license of your firm as well as the contact information for your
      primary contact for this project. If you are partnering with other firms or institutions, provide this
      information for each partner and the percentage of the work that they will be performing

      Please describe your firm’s management structure, list all owners and the identify the Key Personnel
      that would be working on this project assuming an award. Please include a brief statement about the
      capabilities and experience. CVs should be used. Please also comment on each team member’s
      English and Afghan language capabilities.

      B.   Past Performance

      Please outline the experience your firm has had in performing work similar to that described in
      Appendix A. For each project, please include the name of the client and his or her contact
      information (current and most recent information required, within the last year). It is Tetra
      Tech ARD/KCI’s intention to contact some of these clients for testimonials regarding your firm’s
      performance in these areas:

               The quality of the work performed by the Offeror,
               The timeliness of the effort performed by the Offeror, and
               Whether the Client would use Offeror’s services should they have similar needs in the
                future?

      C. Technical Approach

      Please submit a detailed technical write-up (project implementation strategy and management) for
      this specific project.

      D. Statement of Work:

Appendix A – Statement of Work – Construction of Repair and upgrading electrical system of district
office buildings Kabul Afghanistan.




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9.    Proposal Evaluation Criteria:

It is intended that any award resulting from this RFP will be based on Best Value Determination.
Technical and financial proposals will be evaluated in accordance with the following criteria

                            Technical Evaluation Criteria:                                 Maximum
                                                                                            Points

 Project Manager                                                                                   20

 Firm Experiences                                                                                  10

 Firm Past Performance References                                                                  10

 Project Plan                                                                                      5

 Safety Officer                                                                                    5
 Gender Equality( women in the project)
                                                                                                   10
 Total Possible Score                                                                          60


                            Financial Evaluation Criteria:                                 Maximum
                                                                                            Points

 Reasonableness of project cost                                                                20
 Bank Balance (The offeror must have Bank balance at least 40% of this
 project otherwise will be considered non responsive)                                          10
 Financial Capability (number of jobs completed equal or greater than the
 current bid)                                                                                  10
 Total Possible Score                                                                          40

To be considered qualified; the Offerors must score a minimum of 70 out of 100.

Evaluation Criteria for Oral Presentation:

The top three bidders will be evaluated based on the oral presentation once they get through the
technical and financial evaluation. And the final bidder will be selected from the results of oral
presentation. Each company will be given the opportunity to present the skills and abilities of their
company and their team. Interpreters will be provided by KCI, so that each team will have the choice
of presenting in their native language, or in English. Pictures of past projects should be presented, and
must include GPS coordinates. Presenters should also anticipate vigorous questions about the projects
and experience they present, and their problem solving abilities. If it becomes clear that any
information at any time in the review process has been misrepresented or falsified, the bidder will be
eliminated. The scoring breakdown for the oral presentation is illustrated in the following table.
Time limit: No more than 20 minutes will be spent on the oral presentation, so it is critical for the
bidder to develop a concise presentation, and leave time for questions and discussions.


                                                                                               Page 4 of 39
 Oral Presentation Evaluation             Maximum
 Criteria                                 Score
 Project Manager Review                                15
 Safety/Traffic Review                                  5
 Scheduling and Capacity                               15
 QA/QC                                                 10
 Gender Inclusion                                       5
 Total Possible Score                                  50

10.   Financial Proposal Requirements:

The Offeror should submit their cost proposal using the provided BOQ in appendix (B). Please be advised
that the cost proposals will be sent via email on August 13, 2012 at 01:00 PM.

The offeror’s proposal is presumed to represent its best effort in response to the solicitation. Any
inconsistency, whether real or apparent between promised performance and cost or price shall be explained
in your proposal. Any significant inconsistency, if unexplained, would raise a fundamental issue of the
offeror’s understanding of the nature and scope of work required and its fundamental ability to perform the
contract, and may be grounds for rejection of the proposal. The burden of proof as to cost credibility rests
with the offeror. All pricing information shall be furnished in the BOQ or cost proposal. Tetra Tech
ARD/KCI will not be responsible for cost/pricing figures provided in the BOQ or cost proposal.

It should be noted that a narrative describing the basis on which the costs were derived as well as an
explanation for whom, why, where, when, etc. and supporting information must be provided in sufficient
detail to allow a complete analysis of each CLIN or subCLIN cost/price.

11.     Negotiations:

Prior to the expiration of proposal validity, the Tetra Tech ARD/KCI shall notify the successful Offeror and
shall invite them to negotiate the Contract. The objective is to ensure that both parties have a mutual
understanding of project requirements and the Offeror’s plan to accomplish those requirements. If a contract
cannot be negotiated with the selected Offeror, Tetra Tech ARD/KCI reserves the right to commence
negotiations with other qualified Offerors. A sample contract for this project is included as Appendix (C).

12.     Start of Work:

The selected subcontractor is expected to commence work on the project immediately after contract execution
and meet with representatives of Tetra Tech ARD/KCI to present their detailed work plans within three days
after contract award.

13.     Payment Schedule:

A Proposed Payment Schedule for the subcontract is included in the Appendix C, draft contract. Offerors may
propose alternate payment schedules for discussion. A Firm Fixed Price contract is envisioned with payments
corresponding to contract deliverables.

14.     Unsuccessful Offerors:


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Tetra Tech ARD/KCI will notify all Offerors once a subcontract has been awarded and advise them of the areas
of their proposal contributed to their not being successful.

15.     Offeror’s Letter and Check List

All Offerors are required to submit their proposal using the Offeror’s Letter (Appendix D) and Check List
included herewith as Appendix (E). The purpose of this document is to help Offerors ensure that their proposal
is complete.

16. National Security Screening Process:

Please note in an effort to protect National Security Interests and because TT ARD/KCI is the steward of
USAID/US Government funding we are required by USAID/Afghanistan to take appropriate steps to ensure
that neither USAID funds nor USAID funded activities inadvertently or otherwise provide support to terrorist
or criminal groups. In an effort to cooperate fully with USAID requirements you may be asked to complete a
USAID Form 500-13(08/2008) and provide a copy of your valid AISA licenses, and for the individual
identified on that licenses a copy of his/her tazkira and/or passport. Please be advised that you are not required
to submit this information with your proposal, but you may be asked to provide it in the future.

Appendixes:

Appendix A- Statement of Work
Appendix B – BOQ (Bill of Quantity)
Appendix C – Draft Contract
Appendix D - Offeror’s Letter
Appendix E - Checklist for RFP
Appendix F – Conflict of Interest
Annex 1 – Technical Evaluation Table
Annex 2 – Financial Evaluation Table




                                                                                                   Page 6 of 39
                                             APPENDIX (A)

                                  STATEMENT OF WORK
                                          FOR
                            CONSTRUCTION OF NEW TAIMANI PARK


I.        BACKGROUND
Tetra Tech ARD, a US-based international development firm is implementing a USAID funded
project: the Kabul City Initiative (KCI) in Kabul, Afghanistan. The objectives of this project are to
create effective, responsive, transparent, and accountable municipal governance in the Kabul
Municipality (KM) which consists of a central administration and 22 administrative districts. The
goal of the KCI is to provide technical assistance to the KM to: 1) increase the capacity of GIRoA
officials in the Kabul Municipality; 2) markedly improve the delivery of municipal services and
infrastructure development; and, 3) increase municipal capacity to generate revenue and to account
for revenue and expenditures. It is anticipated that as a result of KCI, Kabul residents will receive
improved services, understand the responsibilities of municipal leaders, play an active role in the
municipal decision-making process, and see local governance structures as legitimate.
KCI is now soliciting bids from qualified firms to construct new Taimani Park in District 4.

II.       PROJECT SUMMARY
This project aims to provide a neighborhood park for the residents of District 4.
          A. Construction of a new park adjacent to the existing one.
          B. Construction of approximately 5500 square meters of a new park area. With the
             fabrication and installation of 130 meter perimeter iron fence (see the attached
             drawings). Five revolving pedestrian entry gates and one (two leaves door) must be
             fabricated and installed.
The other requirements of the park are as follows:
          C.   Construction of sidewalks
          D.   Construction of a rainwater harvest.
          E.   Construction of benches
          F.   Construction of gazebos
          G.   Construction of pergola/s
          H.   Providing of a buried pipe for park irrigation and a drainage system
          I.   Clearing of the current playground area is included in this proposal, as it must be
               graded flat, sand spread out. At no time shall be debris or equipment be placed on this
               cleared out area.


The bidder should note that the following items are NOT included/requested in this SOW. This
information is provided in drawings just for the sole purpose providing visual representation of the
proposed site plan for bidders, but will be installed by others. Those items are listed below:

         The provision and installation of playground equipment.
                                                                                           Page 7 of 39
          Small Guard/Maintenance building.
          Lighting—Subcontractor shall read and consider the future cabling system that will be
           extended to avoid any future conflicts. Additional drawings are attached for the
           subcontractor.
          Water Well.

2.1        PROJECT LOCATION

          This project is located in Taimani, Street # 3 & 4, close to Malika Soraya Girls’ School,
           Kabul – Afghanistan.
          The GPS Coordinates are as follows: 34°33'39.00"N           69° 9'26.13"E

2.2        PROJECT OBJECTIVES
          Providing green space and open space for leisure activities for the neighborhood.
          Eliminating the garbage dump that presently occupies the allocated piece of land, thus
           eliminating odors, pests, and the potential for disease.
          To provide recreational opportunities for youth and children.
          As the site is adjacent to a girls’ school, it will provide an opportunity for girls and teachers
           (mostly women) to use the park, and spend their free time in this secure place.
          To make visible improvements in the community that benefits citizens and lead them to
           view Kabul Municipality as a valid service provider.

III.       SCOPE OF WORK
The Subcontractor shall provide all skilled labor, unskilled labor, materials, equipment, tools,
transportation, and supervision to prepare and install all items according to this statement of work,
BOQ and KCI engineering specifications.
This SOW includes:

              All material, labor, and equipment required to develop a 5500 M2 Park, including but
               not limited to fences around the park and construction of sidewalks.
              Construction of a 2,25 meter high, 130 meter long fence at different parts of the park
               perimeter.
              Construction of sidewalks inside the park.
              Refurbishment of the boundary walls. Include but are not limited to: Demolishment of
               the old plasterwork, new plasterwork, adding bricks if there are missing, painting.
              Installation of gates, benches, gazebos, pergolas, trash bins and other park related
               facilities and features as identified in the attached drawings and specifications.

The Subcontractor is responsible for undertaking the work outlined in this SOW in a safe and
efficient manner. The Subcontractor’s responsibilities include but are not limited to:
          The Subcontractor shall not move from one designated work area to another work area
           without KCI’s concurrence.




                                                                                               Page 8 of 39
         The project occurs in a residential area, so the Subcontractor shall exercise due care to
          avoid damaging any property. The Subcontractor shall repair any damage caused by
          equipment in a timely manner at no additional expense.
         Extra construction materials in the work area and on adjacent city streets and sidewalks
          shall be cleared regularly each day. These areas must be left clear of debris and waste as is
          reasonable and practical under the conditions of this project.
         The Subcontractor shall work six (6) days per week, excluding holidays.
         The Subcontractor shall be expected to utilize and train local labor, and provide
          supervision, to the maximum extent possible.
         The Subcontractor shall ensure that all work is done in an efficient manner at all times and
          will maintain the site in a safe, secure and clean manner at all times.
         The Subcontractor or their associates of any sort shall not engage in any activities that are
          illegal or reflect negatively on themselves, the standards of the Government of the Islamic
          Republic of Afghanistan, Kabul Municipality, KCI or the United States Government.
         The Subcontractor shall maintain all equipment and tools in an operable and safe condition.
          All work will be executed in a safe manner to not endanger life, limb or property.
         Mobilization and demobilization of the work site is to be orderly and timely. The work site
          shall be left clean and free from dirt and waste.
         The Subcontractor shall confine all operations (including storage of materials) to only those
          worksite areas authorized or approved by KCI.
         The Subcontractor shall not hold Tetra Tech ARD, KCI, the Kabul Municipality, or
          officers and agents thereof for any inappropriate behavior or property damage by the
          Subcontractor while under contract.
         The Subcontractor shall preserve and protect all structures, equipment, and vegetation
          which are identified on the attached drawings as remaining as part of the park as well as all
          structures, vegetation and equipment adjacent to the work site.
         The work within this contract shall meet and be constructed in accordance with current
          International Building Codes (IBC).

IV.       GENERAL SUBCONTRACTOR RESPONSIBILITIES
4.1       ACCREDITATION
Only Subcontractors who have provided verifiable documentation identifying them as lawfully
registered to conduct business in Afghanistan will be eligible to participate in this project.

4.2       SAFETY AND LIABILITY
The Subcontractor assumes all responsibility for the day-to-day safety of the workers during the
conduct of this Project. The Subcontractor shall be liable for providing medical care for workers
injured on the job. The Subcontractor is expected to train his employees and workers as well as to
pre-plan all work to minimize the potential personal injury and property damages.


It is emphasized that this is an area where children pass on their way to and from school. Prior to
mobilization, a plan (drawing) showing barricades, fences, and temporary walkways will be
provided to KCI for review and amendment or approval. A fulltime female ‘Safety Officer’ will be

                                                                                          Page 9 of 39
included in the project by the Subcontractor with the sole responsibility of ensuring that no child or
citizen is injured during construction. Moreover, should any child/citizen be hurt as a result of this
work, the Subcontractor will be required to make full compensation for all injuries, including any
medical expenses incurred, until the injuries are fully and completely healed.
The Subcontractor shall fence off the entire area of construction using orange construction fencing.
He shall provide and use safety devices such as gloves, boots, helmets, orange vests, protective
barriers, ear protection, and danger signs to protect and warn workers and citizens around the
construction site. A First Aid Kit shall be on the project site at all times.
The Subcontractor must also ensure that his workers and employees do not use alcoholic beverages
or illegal drugs while working at the project site.
Safety inspection logs shall be attached to the Subcontractors' daily site log book and will be
evaluated and audited by KCI. Failure to perform the above duties will result in dismissal of the
superintendent and a project work stoppage. The project work stoppage will remain in effect
pending approval of a suitable replacement.
Prior to work beginning KCI shall verify that all personal and site safety provisions have been met
by the Subcontractor.
Any violation of these safety requirements shall result in a 200 AF penalty for a violation of
personal safety requirements, and up to a 2000 AF penalty for violation of a site safety requirement
(such as the area not being completely fenced). This fine will be assessed by the KCI Project
Engineer or designee, and is subject to his discretion and judgment. Fines will be deducted from
the next contractor payment made by KCI.
All of the equipment, tools, shall be checked and machinery shall be equipped with necessary
alarms and signals.
Phone Numbers: The phone numbers shall be posted at the project site for emergency cases to
contact the following:

          Kabul Ambulance
          Nearest Hospital
          Police
          Fire Department
          KCI Engineer
          District Manager
A Safety Plan will be required within 5 days after contract award and that no further work will be
authorized until this Safety Plan has been approved in writing by KCI.

4.3    SUBCONTRACTOR SITE RESPONSIBILITIES


The Subcontractor is responsible for all items included in this Statement of Work. The
subcontractor shall be responsible for repairing any damage caused by their workers during the
performance of work on this project.

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4.4    TRAFFIC CONTROL
The Subcontractor is responsible to ensure that nearby roads remain open to pedestrian and
vehicular traffic during construction. The Subcontractor shall submit a plan for maintaining traffic
flow during the period when deliveries are being made. Barricades shall be required whenever
safe public access to paved areas such as roads or parking areas may be temporarily interrupted to
ensure the safety of both pedestrian and vehicular traffic. Barricades shall be securely placed,
clearly visible with adequate illumination to provide reasonable visual warning of the hazard
during both day and night. It is recommended that persons working on roadways or providing
traffic control be issued reflective safety vests to enhance personal safety. Travel to and from the
project site shall be restricted to a route approved by the KCI Project Engineer.

4.5    UTILITY OUTAGES
Prior to initiating activities on project sites referenced in this contract, the Subcontractor is
required to locate and mark all subsurface utilities, including electrical, communications, gas,
water, and sewer lines. The Subcontractor is further required to take precautions necessary to
prevent damage to said subsurface utilities during all construction activities. The Subcontractor
shall be responsible for repairing any damages to utilities that result from their work. If a utility
outage is necessary it will be coordinated with the responsible agency, the applicable local
officials, and the impacted businesses and residents. All work will be arranged to insure that the
outage shall be of minimal duration once an outage is arranged and work begins.

4.6    MINE CLEARING
This area is believed to be clear of mine hazards, but it is not guaranteed. Should the
Subcontractor encounter mines and/or mine hazards during the course of the project, the
Subcontractor is directed to immediately cease work and seal off the site and contact the KCI
Engineer for further instructions. Upon receiving notification from the Subcontractor the KCI
Engineer shall immediately notify the KCI DCOP/Operations.

4.7    CLEAN UP
The Subcontractor shall ensure the work area free of debris upon completion of work each day, as
well as at the completion of the job. The Subcontractor shall remove and properly dispose of all
materials, at a site approved by KCI Engineering, and equipment at the completion of the job.
Materials or equipment owned by KCI shall be returned to a location designated by the KCI
Engineer. It is again emphasized that there are children in the project area, so all material and/or
equipment must be secured at all times to avoid injury children.

4.8    LABOR
A minimum of 80% of all skilled and unskilled labor used by the Subcontractor on this Project
shall be from the local District. At least three women shall be hired to wet concrete and will be
safety officer. Should appropriate local labor not be available, the Subcontractor shall consult with
the KCI Project Engineer, before hiring labor from outside the local community.




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V.        SUBCONTRACTOR PROJECT RESPONSIBILITIES
5.1       SITE INSPECTION
It is the Subcontractor’s responsibility during the proposal phase to perform the necessary
inspections to verify all conditions and measurements provided in this Scope of Work and
accompanying BOQ.
The Subcontractor shall provide a bid in strict compliance with the provided BOQ, but must also
include an addendum setting forth all deviations from the bidder’s price list and statement of work
found at the project site, along with any required price deductions or additions required to properly
complete the project. The addendum should also set forth all necessary or recommended
substitutions of specified materials or equipment required by local market conditions.
If the Subcontractor fails to include such an addendum, the Subcontractor will assume full
monetary responsibility for any and all additional work, materials, or equipment required to
complete the project that was not included in the statement of work or bidder’s price list that a
reasonable site inspection would have revealed. The Subcontractor will not be responsible for
unforeseen conditions that a reasonable site inspection would not have revealed.

5.2       CONTRACTOR SCHEDULING AND REPORTING
The Subcontractor will create and maintain a Project Schedule for this project. This Schedule shall
be in a timeline format as follows:

         Beginning of mobilization.
         Commencement of physical activities.
         Commencement of site cleaning, grubbing, and grading
         Laying out the park
         Commencement of installation of water supply piping system
         Commencement of PCC and RCC work
         Completed milestones on a weekly basis (How much work was performed vs. the contract
          schedule).
         Important issues that arise during the work.
         Anticipated and actual completion of the work.
The Subcontractor shall be responsible for updating the Project Schedule and including it in their
written bi-weekly report to the KCI Contracts Manager. This report shall also be used as a basis
for calculation of percentages of work tasks completed and for payment of invoices.
Anticipated problems or delays shall be reported to the KCI Contract Manager and the KCI Project
Engineer immediately upon recognition of problem.


The Subcontractor shall meet with KCI regularly to report and discuss all project related activities.
These meetings will include schedule, materials, labor, local conditions, construction, shipping and
transport, community and subcontractor relations, quality, safely, security and any other issue
related to this project

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5.3    SPECIAL REQUIREMENTS
       1. Tetra Tech ARD has the right to approve all of the Subcontractor’s subcontractors and
          subcontracts, and
       2. The Subcontractor is solely responsible for all payments to the Subcontractor’s staff
          and any of the approved subcontractors.

5.4    TECHNICAL SPECIFICATION
This Specification covers the minimum standards of workmanship and materials required by the
contract. All work shall be carried out with the approval of the KCI designated Engineer. Any
items that do not meet the requirements of this Specification shall be repaired or demolished and
re-installed at the Subcontractor’s expense. The Sub-contractor shall be liable for any delays to the
project caused as a result of repairing or demolishing defective work.
Any items of work not described in this Specification but forming part of the work shall meet the
internationally applied standards of workmanship and materials. Any clauses which relate to items
of work not covered in the Contract shall be deemed not to apply.
It is the Subcontractor’s responsibility to verify all conditions and measurements provided in this
Scope of Work. The Subcontractor assumes full monetary responsibility for any and all additional
work, materials, or equipment required to complete the project that may not be included in this
statement of work, but that a reasonable site inspection would reveal.

MATERIALS SPECIFICATIONS:
All materials used in this project shall meet the requirements of this specification; materials shall
not be re-cycled, previously used, or repaired. The technical specifications for materials used in
this contract are as follows:
Aggregate for Base Course:
Base course aggregate shall consist of crushed stone containing angular shapes and surfaces with
no rounded surfaces and with the following gradations: Sieve Size12.5 mm or smaller and 75% +/-
15 total aggregate weights. All aggregate shall contain less than 5% of shale, clay lumps, coal,
lignite, soft or unregimented stone, or other deleterious materials (no river gravel).

Concrete:
The concrete mixture shall consist of seven sacks per cubic meter. Each sack is 49 kg of Portland
cement. The mix ratio shall be 1:2:4 (Portland cement: sand: crushed angular aggregate (12.5 mm
max). ALL concrete shall be mixed in a mobile concrete mixer. No concrete shall be mixed on the
ground or in a wheel burrow. No Elephant brand cement will be allowed. Sand shall be clean
and free of all dirt. DO NOT use dirt in place of sand. It is the Sub-Contractor’s responsibility to
have clean water on site for the mixing of all materials. The Sub-Contractor will not be allowed to
use water that is from a stream or dirty water. Concrete shall be placed so that there is no
consolidation. Curing time for concrete shall be no less than seven days. If concrete is poured
during temperatures that are higher than 30 degrees Celsius, the concrete shall be covered with
damp burlap for no less than seven days. Control joints need to be placed as required.

                                                                                         Page 13 of 39
Cement grout:
Mixture shall consist of one part Portland cement to 4 parts washed sand. Water shall be mixed to
produce a flow able consistency in order to fill all cracks. ALL grout shall be mixed in a mobile
concrete mixer. No grout shall be mixed on the ground or in a wheel burrow. DO NOT use dirt in
place of sand. It is the Subcontractor’s responsibility to have clean water on site for the mixing of
all materials. The Subcontractor will not be allowed to use dirty water. No Elephant brand
cement will be allowed.
Mortar:
Mortar for pointing and any brick/stonework repair, will be a minimum of 1:3 ratio (1 part
Portland cement per 3 parts of sand) or higher ratio of mortar/concrete mix to sand. Sub-
Contractor may substitute mortar ready-mix instead of ready-mix concrete. Any other
substitutions must be approved by the KCI Engineer prior to use. DO NOT use dirt in place of
sand. It is the Sub-Contractor’s responsibility to have clean water on site for the mixing of all
materials. The Sub-Contractor will not be allowed to use dirty water.

Curing of concrete:
Particular attention shall be given to “curing” the concrete to allow the slow chemical hardening
process to be completed. Concrete requires all exposed surfaces to be kept continuously damp for
at least 7 (seven) days. The surface shall never be allowed to become dry during this period.
Curing shall start immediately after laying of the concrete and shall be maintained uninterrupted.
The Subcontractor shall develop a method of curing. Great care shall be taken to keep the
temperature of concrete as low as possible during hot weather so as to prevent cracking or crazing
of the concrete. In hot weather concreting operations must be carried out in the very early morning
or late evening. Subcontractor is not allowed to cast any PCC and RCC works prior to the
KCI Engineer approval. The KCI Project Engineer must approve the Subcontractor’s proposed
times for using concrete.

Rebar:
Provide high quality rebar for structural purposes. Rebar shall be Class A3 - SG 4000 (kg/cm2)
and hook should be Class A1- SG 2400 (kg/cm2) and shall not be smooth, and installation will be
double net.
Stone Masonry: The damaged parts of existing stone masonry boundary wall needs to be repaired
where required; Stones vary in size and shape, are roughly dressed, and laid in random courses in
mortar. Lay the stones with the longest face horizontal and the exposed face parallel to the
masonry face. All stone masonry walls shall be done with M400 (kg/cm2) cement mortar, properly
according to the drawing and technical design. Install 1.55 m high steel fence on top of the wall.

Pointing:
Crown the mortar in the joints on top surfaces slightly at the center of the masonry to provide
drainage. The repaired parts of stone masonry and existing stone masonry shall be pointed (1:3)
where required. All sidewalk stones shall be carefully grouted.


                                                                                       Page 14 of 39
Clean all face stone of mortar stains while the mortar is fresh. After the mortar sets, clean again
using wire brushes and acid. Protect the masonry during hot or dry weather and keep it wet for at
least 3 days after the work is completed. All pointing shall be done with M400 cement mortar.

SPECIFICATIONS FOR CONSTRUCTION/ INSTALLATION ACTIVITIES:
All construction activities and infrastructure will be completed to the specifications noted here-in,
or as noted in attached drawings. The KCI Project Engineer shall make final decisions regarding
construction specifications.
Cutting and filling:
All cutting and filling of the site shall be done under the direction of the KCI Project Engineer. All
extra materials shall be removed from the site and dumped to a location specified by Kabul
Municipality. Agricultural top soil shall be provided.

Sidewalks/paths:
All sidewalks and paths must be from color natural flat stone. The natural stones must be installed
carefully per attached plans – with a compacted soil sub grade, 5 cm of compacted gravel and 5
cm. of mortar. Sidewalks shall be constructed to connect all walkways with roads, gates, sport
courts and adjoining buildings where foot traffic is anticipated. Sidewalks shall be constructed
according to designed drawings.

Flower Pot:
All flower pots, tree pots, sand area and grass area shall be separated from each other by placing
PCC curbs.
Gazebo Floor:
The gazebo floor shall be made the same material as the sidewalk. (Flat stone)
Mortaring:
Where raked joints are required, squarely rake all mortar in exposed face joints and beds to the
required depth. Where weather joints are required, slightly rake the joints. Do not leave the
mortar flush with the stone faces. Clean all face stone of mortar stains while the mortar is fresh.
After the mortar sets, clean again using wire brushes and acid. Protect the masonry during hot or
dry weather and keep it wet for at least 3 days after the work is completed. All pointing shall be
done with M400 cement mortar.




                                                                                        Page 15 of 39
Greenery and Planting:
All greenery materials including trees, bushes, flowers, shrubs, and turf will be selected and
planted as per the instructions provided by the KCI Project Engineer. A lump sum is provided for
this planting. The surface of all green areas/lawns shall be covered by grass. All the greenery
materials, type must be reviewed and approved by the designated KCI Project Engineer and KM.
Gazebos:
Gazebos shall be constructed according to the design (see the attached drawings)

Pergola:
Pergola shall be constructed according to the design (see the attached drawings)
Park Boundary Wall/Fence (around park perimeter):
The technical specification for the fence installation is as follows:
       o The old and broken exterior wall plasters need to be removed.
       o If there are some missing bricks, new bricks will need to be added.
       o The boundary walls need to be plastered and painted.
       o The installation of 100x100x2 mm profile posts every 2 meters embedded in PCC. (See
           drawings)
       o Installation of 40x40x2 mm profile horizontal cord of the fence.
       o Installation 30x30 mm, 18 G profile vertical members of the fence.
       o Installation of sharp steel on top of one each other vertical member.
       o PCC work in the foundation of the posts. (See drawings)
       o All materials should be provided with high standard quality and according to the plan
           and designated engineer’s approval.
       o Construction of 2 vehicle gates with 2 leaves according to the drawing details.
       o The gate should have two latch locks, three hinges on each leave. The details and
           specification of the locks should be approved by the designated engineer.
       o PCC work in front of the main gate should be done according to the plan.
       o PCC work should be done at the ratio of (1:2:4)
       o The top end of the posts should be covered with a cap in order to prevent water flow in
           to the posts.

Park Irrigation and Water Supply System:
There is already a water well installed in the current area of the park. The Subcontractor’s
responsibility is to construct an underground irrigation piping system connected to the existing
well, and to include all facilities, in accordance with the contract documentation. It is assumed that
the park will require a maximum of 20 cubic meters of water per day for irrigation and bathroom
usage. This system will include ditch digging, installation of PPR pipe and installation of GI tap
stands.
The irrigation system of the existing park shall be improved.
    Four HG standpipes fitted with 1 inch faucets shall be installed per drawings.

Pipe:

                                                                                        Page 16 of 39
Provide PPR pipe used in irrigation and water system from direct pump. This must be stored out
of direct sunlight and will be installed in trenches of at least 0.8 meter deep to prevent winter
freezing.
Park draining System:
The Subcontractor’s responsibility is to construct an underground drainage pipe system connected
to the existing houses/kindergarten etc., and to include all facilities, in accordance with the contract
documentation. This system will include ditch digging, installation of PVC pipe along with all
required tolls and fittings.
     80 schedule PVC pipe 6 and 3 inch.
Sand for Playground: (see Architectural plan)
Sand should be free of dirt and clay. Over 90% should pass through a #8 sieve and at least 50%
through a #16 sieve. Sand should cover the playground surface to a depth of 5 cm.
Painting:
    Clean and prepare surfaces to be painted in accordance with manufacturer's written
       instructions for each particular substrate condition and as specified.
    Mix and prepare paint in accordance with manufacturer's written instructions. Stir paint
       thoroughly before applying and frequently during application to maintain color
       consistency.
    All black steel members shall be painted one coat anti-corrosion and 2 coats oil paint. The
       color of the paint will be selected by KCI engineer.
    Good quality of oil based paint shall be used for required surfaces including the railings,
       fences, shades, gazebos, etc.
    All black steel members shall be painted with one coat anti-corrosion.
    The painting shall be done in three coats.
    The contractor shall paint all the exteriors walls. The exterior walls shall be painted with
       acrylic based paint. The Engineer shall select colors
    The kindergarten walls shall be painted according the desire of kids (the kindergarten kids
       need to participate with the painting of the outside wall).
Paint Schedule:
    All Surfaces should be painted with a Water Based Primer of one coat
    The exterior walls should be painted with Acrylic Based Paint of three coats
           o All surfaces shall be free of dust, dry, and clean prior to painting. The time between
              coats shall conform to the time recommended by the manufacturer. The
              subcontractor will clean up all paint drips, splatters, and spills on surfaces such that
              no paint stain remains.
    The color of the paint shall be as per the selection of the Kabul Municipality and KCI
       assigned engineer instructions

Greenery Specifications:
Important technical points
    Evergreens must be brought to the site enclosed in an unbroken ball of earth from the
      nursery. The saplings uprooted from the nursery bed must immediately covered in large

                                                                                         Page 17 of 39
       plastic bags or cotton bags, which will be firmly tightened and transported to the permanent
       site.
      Under the pure plantation program the distance between two saplings should be kept 4
       meters by 4 meters apart. The evergreen stock for park areas must be at least one meter tall.
       The diameter of such saplings must not be smaller than the size of a thumb.
      The spacing of deciduous trees species depend upon the species. However, the space in
       between trees with large crowns must be wider versus trees with smaller crowns.
      Rose flowers must be planted with a with a specific distance of 50cm in between them.
      For planting of evergreen grass the contractor shall follow the formula below:
           o For each 100m2, 7Kgs of German evergreen grass seed, and 10-12 Bags of organic
               fertilizer shall be used.
      The Lagestrum ssp. shall be planted in two rows around the green area, and the distance
       between each plant shall not exceed 15cm.
      Honey sakal plant (climber plant) shall be planted 2 saplings in each 1m.
General Recommendations
    Plant saplings in either spring or autumn when the soil is moist.
    Plant in autumn six to eight weeks before winter weather begins.
    Saplings planted in fall have an extra advantage—they can grow new roots, stimulating
      before more seedlings are planted in spring.
    This extension of the growing season improves first year survival and growth. Often, high
      elevation sites should be planted in autumn because persistent snow on the planting site in
      spring prohibits planting. If the soil is too wet, planting may compact the soil and restrict
      sapling root growth. Here is a way to determine if your soil is too wet to plant: dig a hole,
      then shovel the soil back into the hole—if the soil does not fit back into the hole, it is too
      wet.
    Avoid winter planting in cooled climate zones because root growth makes seedlings likely
      to be pushed out of the ground by frost and suffer from winter withering.
    The earlier in spring saplings are planted, the better, but the soil should not be wet.
    Early spring planting allows seedlings to take full advantage of the growing season and
      available water.
    After seedlings leave the nursery and before they are out planted, keep the saplings cool,
      shaded, and out of the wind.
    Keep the roots moist. On the planting site, store saplings temporarily in a snow bank or in
      deep shade.
    Never place seedlings in full sun.
    Always carry polybags and saplings with a solid ball of earth
    Do not lay a tarp directly on a sapling for shade from sun. A tarp lying directly on seedlings
      will cause them to become warmer than if they were in direct sunlight. If a tarp is used,
      suspend it above the seedlings at least one meter so air will circulate between the tarp and
      the saplings
    When planting, make sure the soil is moist, that the hole is large enough for the entire root
      system, and that the entire root system can be planted in a natural vertical position.
    Always fill the hole with moist soil.
    Handle seedlings gently.

                                                                                      Page 18 of 39
          Plant seedlings as soon as possible after lifting.
          Protect seedlings from sun and wind.
          Always keep roots moist.
          Transport during cooler periods of the day.
          Plant seedlings straight.
          Water seedlings to improve survival and growth. Watering should be infrequently to
           encourage deep rooting.
          Control weeds in plantations, especially near seedlings.
          Protect seedlings from animal and children damage.
          Plant saplings in basins, allow rainwater to collect, and also facilitate watering the plants.
          Good mulch applied around the seedling will decrease evaporation from the soil.
          Seedlings grow better when weeds are controlled because weeds out compete seedlings for
           water and nutrients. Maintain at least a one meter by one meter weed-free square around
           seedlings for at least the first two to three years; the longer the better.
          Weed-free zones can be accomplished with hand-weeding or herbicides. Providing shade
           and mulches may also increase seedling survival
          Many animals eat saplings. Small rodents can quickly do serious and widespread damage
           to saplings. Large wild animals and domestic livestock can also destroy saplings and harm
           young plantations. The best way to protect saplings from small rodents is with a solid
           barrier or mash screen fence.

5.5       DEFINITIONS AND TERMS
Equipment and Materials: The Subcontractor shall supply all necessary materials and
equipment to complete the project. The Subcontractor will also ensure that there is a competent
person operating the equipment at all times. All equipment and materials used in this project shall
meet these specifications and meet the requirements of the KCI Project Engineer and shall not be
recycled, previously used or repaired.

5.6 QUALITY ASSURANCE AND QUALITY CONTROL (QA/QC) CHECKLIST:
Subcontractor Engineer and KCI Project Engineer shall be the designated QA/QC representatives.
Subcontractor shall provide a site book and shall be present at the site according to the KCI Project
Engineer instruction. The KCI Project Engineer shall provide a checklist of materials and methods
requiring QA/QC. Once the Subcontractor has completed all items of work in this statement, he
will coordinate for a final inspection to ensure all items are completed satisfactorily. All
deficiencies will be corrected and re-inspected prior to final payment and commencement of
opening ceremonies. Point of Contact (POC) for this document and for the project will be the
designated KCI Engineer.
The subcontractor is responsible to keep the site book available during the subproject inspection by
QA/QC engineer and visitors. The subcontractor shall return back the site book to KCI Engineer.

VI.        FINAL INSPECTION
The Subcontractor will notify the KCI Project Engineer and when the project is ready to be turned
over to the Kabul Municipality. A final inspection will be performed by the KCI and Kabul
Municipality (KM) and any remaining items of work will be identified on a “punch list”. Based on
                                                                                           Page 19 of 39
the punch list, KCI will determine if any supplemental inspections are required. Punch list items
will be corrected and/or repaired in a timely manner (3-5 days) at no cost to KCI. Once the punch
list items have been corrected or completed to the satisfaction of KCI and Kabul Municipality, the
project will be considered to have been successfully completed.




                                                                                     Page 20 of 39
       APPENDIX B

(BOQ) Is attached to the RFP




                               21
                               APPENDIX (C)
                                 Draft Contract


                                       For
                      Construction of New Taimani Park

               Issued under Contract No: EPP-I-00-04-00035-00
                     Task Order No: EPP-I-05-04-00035-00
               U.S. Agency for International Development (USAID)


               SUBCONTRACT No: Tetra Tech ARD-KCI ______


                                     Between

                             Tetra Tech ARD-KCI
                     Green Village, Off Jalalabad Road, PD# 6
                              Kabul, Afghanistan

                                       and

                                 Xxxx Company




ATTACHMENTS:


Attachment A   Subcontract SOW
Attachment B   General Terms & Conditions
Attachment C   Subcontract Budget
Attachment D   Subcontractor’s Final Release Certificate and Indemnity




                                                                         22
CONTRACT DATE:

In consideration of the services to be performed by:

Subcontractor:

Point of Contact:

(Hereinafter referred to as Subcontractor or (    )

And

Contractor:                  TETRA TECH ARD/KCI
                             Green Village, Off Jalalabad Road, PD#6
                             Kabul – Afghanistan


(Hereinafter referred to as Tetra Tech ARD-KCI) shall pay the total fixed amount of US$ (
xxxxxxx )according to the terms and conditions set forth below:

PART 1              STATEMENT OF WORK
PART 2              INSPECTIONS AND ACCEPTANCE OF WORK
PART 3              PAYMENT SCHEDULE
PART 4              EXCUSABLE DELAYS/FORCE MAJEURE
PART 5              DBA INSURANCE
PART 6              CHANGES
PART 7              LIMITATION OF LIABILITY
PART 8              EXCLUSION OF WORK RELATIONSHIP
PART 9              SUPERVISION
PART 10             LEGAL REQUIREMENTS
PART 11             RESTRICTIONS ON CERTAIN FOREIGN PURCHASES AND
                    PROHIBITION ON DRUG TRAFFICKERS
PART 12             TERMINATIONS
PART 13             DISPUTES
PART 14             TERMS AND CONDITIONS
PART 15             INCONSISTENCIES BETWEEN ENGLISH VERSION AND TRANSLATION
PART 16             INDEMNIFICATIONS
PART 17             PRIVITY OF CONTRACT
PART 18             REQUIRED CERTIFICATIONS
PART 19             WARRANTY
PART 20             GENERAL MATTERS




                                                                                      23
PART 1        STATEMENT OF WORK:


The Period of Performance for this contract shall be ______ days from the effective date of
the contract.


PENALTIES FOR LATE PERFORMANCE:

The Subcontractor will be penalized one half of one percent of the total contract amount for every
working day the project goes beyond the contractual period of performance. Should the
Subcontractor be unable or unwilling to complete the work, or should the Subcontractor fail to
appear on the job for three consecutive days without the expressed permission of KCI, he shall
have been deemed to quit, and shall forfeit any remaining payments, including payments
scheduled/due for work previously performed.


PART 2        INSPECTIONS AND ACCEPTANCE OF WORK:

The Subcontractor shall tender for acceptance only those items and services that conform to the
requirements of this subcontract. Tech ARD reserves the right to inspect or test any supplies or
services that have been tendered for acceptance. Tetra Tech ARD/KCI may require repair or
replacement of nonconforming supplies or re-performance of nonconforming services at no
increase in subcontract price. Tetra Tech ARD/KCI must exercise its acceptance rights in writing:

(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.

If, within three days of receipt of such notice, the Subcontractor does not improve performance as
determined by Tetra Tech ARD/KCI’s authorized representative, Tetra Tech ARD/KCI reserves
the right to terminate this subcontract.


PART 3        PAYMENT SCHEDULE:

                                                                               Due        Amount
 Payment                              Deliverable
                                                                               Date       in US$
 1         10%Project Schedule & Kick off Meeting                              TBD
 2         Work completion 50% of requirement per scope of work                TBD
 3         Work Completion 100% of requirements per scope of work              TBD
 4         10%Retention – 60 days following completion of all work                    10% of Total
                                        Total

The total amount of this subcontract shall be US $----TBD-------- Payments will be made as
shown above based upon receipt of an invoice in the specified amounts.


                                                                                               24
Tetra Tech ARD/KCI will pay the subcontractor in accordance with the payment schedule
stipulated above. Tetra Tech ARD/KCI reserves the right to withhold payment if the subcontractor
fails to meet its obligations, in part or in full, under this Subcontract; however Tetra Tech
ARD/KCI recognizes that holding the invoice may result in a delay or stop work by the
Subcontractor. Tetra Tech ARD/KCI will work with the Subcontractor to promptly resolve any
issues that could cause a delay as both the Subcontractor and Tetra Tech ARD/KCI wish to deliver
this project on time.

All invoices shall be addressed to:

       Lina Khawaja
       Finance Sr.Specialist
       Tetra Tech ARD/Kabul City Initiative Project (KCI)
       Green Village, Off Jalalabad Road, PD# 6
       Kabul, Afghanistan

One copy of the invoice shall be submitted concurrently to the Subcontracts Sr. Specialist at:

       Aiamuddin Azizi
       Senior Subcontract Specialist
       Tetra Tech ARD KCI/ Kabul City Initiative Project (KCI)
       Green Village, Off Jalalabad Road, PD#6
       Kabul – Afghanistan

A proper invoice must clearly indicate the following information:

   Contract # EPP-I-00-04-00035-00, Task Order No. 2, Kabul City Initiative
   Subcontract No:
   Project Name:
   Subcontractor Name and Remittance Address:
   Invoice Date and Number:
   Specific deliverable(s) completed:
   Period for which Costs Claimed:

The following information should be included with the invoice in order to expedite the wiring of
payment:

Account Name:
Account #:
Bank Name:
SWIFT#:
Correspondent US Bank:
Correspondent ABA #
Correspondent Account #

In addition, the following certification shall be included and signed by an authorized
representative of the subcontractor: "The undersigned hereby certifies that the invoice and any
attachments have been prepared from the books and records of the subcontractor in accordance
with the terms of this contract, and to the best of my knowledge and belief are correct."
                                                                                                 25
Certification:

I hereby certify, to the best of my knowledge and belief, that

     (1)         This invoice and any attachments have been prepared from the books and records
                 of the subcontractor in accordance with the terms of the Subcontract, and to the
                 best of my knowledge and belief, they are correct;
     (2)         The amounts requested are only for performance in accordance with the
                 specifications, terms, and conditions of the contract;
     (3)         The quantities and amounts involved are consistent with the requirements of the
                 Subcontract;
     (4)         If invoicing using hourly/daily rates, that the amount claimed is proper and due,
                 that all hourly/daily rates claimed are for actual hours/days (or fractions thereof)
                 which have been satisfactorily provided/performed;
     (5)         That other costs claimed are allowable and are actual direct costs incurred in
                 performance of the Subcontract, and have been paid by the subcontractor;
     (6)         All payments due to subcontractors and suppliers from previous payments received
                 under the contract have been made, and timely payments will be made from the
                 proceeds of the payment covered by this certification, in accordance with the
                 requirements of Chapter 39 of Title 31, United States Code;
     (7)         Appropriate refund shall be made to Tetra Tech ARD promptly upon request in the
                 event of disallowance of any costs by USAID resulted from any inconsistency for
                 services to be performed and/or goods to be supplied under the terms and
                 conditions of the subcontract; and
     (8)          This certification is not to be construed as final acceptance of the subcontractor’s
                 performance.

Tetra Tech ARD/KCI shall pay the subcontractor within thirty (30) calendar days after receipt of a
proper invoice and acceptance of deliverables detailed in above.

Tetra Tech ARD/KCI reserves the right to withhold payment if the subcontractor fails to meet its
obligations, in part or in full, under this Subcontract.

1      Final Invoice: Notwithstanding any other provision in this Subcontract to the contrary,
       Subcontractor is required to submit the final invoice, appropriately marked as such, under
       this Subcontract not later than ninety (90) calendar days after completion of the work, or
       any longer period as may be mutually agreed between the parties. All final invoices must
       be marked as such, and the following shall accompany the final invoice.

       -    A release certificate (Attachment D) signed by the Subcontractor discharging the
            Contractor and its Client of and from any liabilities, obligations, and claims arising
            out of or under the Subcontract.

2      Tax Withholding

      Pursuant to the revised provisions of the Government of Afghanistan Income Tax Law
      2010, Article 72, effective June 25, 2010, Tetra tech-ARD-KCI is required to withhold
      income tax at the prescribed rates at the time of making payment to the legal or natural
      person(s) providing supplies, materials, construction and services under varies contracts,
                                                                                             26
      including varies purchase order procurements whiten one fiscal year, for cumulative
      transactions of AFA 500,000 ($10,000.00) and above.

       Withholding Rate

      The prescribed rate of income tax withholding is 2% of the gross purchase amount for
      contractors/subcontractors who have a business license registered with the Afghanistan
      Investment Support Agency (AISA); 7% of the gross purchase amount for
      contractors/subcontractors not registered with AISA who are conducting business without a
      license or contrary to approved by-law.

       Remittance of Tax and Certificate of Withholding

      As the tax withholding entity, Tetra tech-ARD-KCI is required to remit the income tax
      amount withheld directly to the Ministry of Finance designated account by the 10th day of
      the month following the transaction.

      Tetra tech ARD-KCI will issue an income tax withholding certificate to the
      contractor/subcontractor listing the gross payment, the amount of income tax withheld and
      the net contract payment along with a copy of the payment form and deposit receipt for
      transfer made to the designated Ministry of Finance account.

      More detailed information on Afghanistan contract tax withholdings can be obtained at the
      website of the Ministry of Finance Afghanistan, www.mof.gov.af/?p=Article%2072.

PART 4          EXCUSABLE DELAYS / FORCE MAJEURE:

Subcontractor shall be liable for default unless nonperformance is caused by an occurrence beyond
the reasonable control of the Subcontractor and without its fault or negligence, such as acts of God
or the public enemy, acts of the Government in its sovereign or contractual capacity, fires, floods,
epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common
carriers. Subcontractor shall notify ARD in writing as soon as it is reasonably possible after the
commencement of any excusable delay, setting forth the full particulars in connection therewith,
shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice
to the ARD of the cessation of such occurrence.

PART 5          DBA INSURANCE

Subcontractors are required to purchase DBA (Defense Based Act) insurance for all
employees working on the project.

PART 6          CHANGES:

A) Tetra Tech ARD/KCI may, at any time, without notice to the sureties, by written order
   designated or indicated to be a change order, make any changes in the work within the general
   scope of the contract, including but not limited to changes:

           i.   in the specifications (including any tasks);
          ii.   in the method of manner of performance of the work;
         iii.   in the schedule for the performance of the work.
                                                                                                 27
B) Any change order will be in writing and will not be valid unless it is in writing.

C) If any change under this clause causes an increase or decrease in the Subcontractor's cost of,
   or the time required for, the performance of any part of the work under this contract, whether
   or not changed by any order, an equitable adjustment shall be made and the contract modified
   in writing accordingly:

D) If the Subcontractor intends to assert a claim for an equitable adjustment under this clause, he
   must, submit a proposal within 30 days after receipt of a written change order.

E) No claim by the Subcontractor for an equitable adjustment hereunder shall be allowed if
   asserted after final payment under this contract.

PART 7         LIMITATION OF LIABILITY:

The Subcontractor shall absorb all expenses associated with performance of the statement of work
and Tetra Tech ARD/KCI shall not be liable for payment in an amount greater than USD ---TBD--
unless otherwise agreed to in writing.

In the event that this subcontract is terminated by Tetra Tech ARD/KCI prior to completion, Tetra
Tech ARD/KCI shall pay the subcontractor for work completed through the date of such
termination in an amount determined solely by Tetra Tech ARD/KCI that is based on the approved
budget as presented in Attachment C. The cumulative amount of all payments under this
subcontract shall not exceed the cost of performance through the date of termination.

PART 8         EXCLUSION OF WORK RELATIONSHIP:

The parties declare that this Subcontract does not generate a labor relationship between Tetra Tech
ARD/KCI and the contracted personnel or personnel assigned by the Subcontractor.

PART 9         SUPERVISION:

Supervision of the work under this Subcontract will be the responsibility of Tetra Tech ARD-KCI
Project Manager or his/her designated person.

PART 10        LEGAL REQUIREMENTS:

The Subcontractor is reminded that U. S. Executive Orders and U.S. law prohibits transactions
with, and the provision of resources and support to, individuals and organizations associated with
terrorism. It is the legal responsibility of the Subcontractor to ensure compliance with these
Executive Orders and laws. This statement must be included in all subcontracts/sub-awards issued
under this Subcontract.

One of the applicable orders is Executive Order 13224, dated September 24, 2001. The web site of
the Office of Foreign Assets Control (OFAC), of the Department of Treasury, contains the text of
that order and a list of the individuals and entities designated thereunder. It also contains lists of
individuals and entities designated under other applicable statutes, regulations and Executive
Orders. See http://www.treas.gov/offices/enforcement/ofac/

                                                                                                   28
PART 11        RESTRICTIONS ON CERTAIN FOREIGN PURCHASES AND
               PROHIBITION ON DRUG TRAFFICKING:

A) The Subcontractor shall not acquire, for use in the performance of this subcontract, any supplies
   or services originating from sources within, or that were located in or transported from or through,
   countries whose products are banned from importation into the United States under regulations of
   the Office of Foreign Assets Control, Department of the Treasury. Those countries are Cuba,
   Iran, North Korea, and Syria.

B) By signing below I hereby certify that within the last ten years:
   i. I have not been convicted of a violation of, or a conspiracy to violate, any law or regulation of
        the United States or any other country concerning narcotic or psychotropic drugs or other
        controlled substances.
   ii. I am not and have not been an illicit trafficker in any such drug or controlled substance.
   iii. I am not and have not been a knowing assistor, abettor, conspirator, or colluder with others in
        the illicit trafficking in any such drug or substance.

C) The Subcontractor shall insert this clause, including this paragraph (b), in all lower-tier sub
   agreements.

PART 12        TERMINATION:

A) For convenience: Tetra Tech ARD/KCI reserves the right to terminate this subcontract, or
   any part hereof, for its sole convenience. In the event of such termination, the Subcontractor
   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 this subcontract, the
   Subcontractor shall be paid a percentage of the subcontract price reflecting the costs incurred
   prior to the notice of termination, plus reasonable charges that the Subcontractor can
   demonstrate to the satisfaction of Tetra Tech ARD/KCI, using its standard record keeping
   system, have resulted from the termination. The Subcontractor shall not be paid for any work
   performed or costs incurred that reasonably could have been avoided.

B) For cause: Tetra Tech ARD/KCI may terminate this subcontract, or any part hereof, for cause
   in the event of any default by the Subcontractor, or if the Subcontractor fails to comply with
   any subcontract terms and conditions, or fails to provide Tetra Tech ARD/KCI, upon request,
   with adequate assurances of future performance. In the event of termination for cause, Tetra
   Tech ARD/KCI- shall not be liable to the Subcontractor for any amount for supplies or
   services not accepted, and the Subcontractor shall be liable to Tetra Tech ARD/KCI- for any
   and all rights and remedies provided by law. If it is determined that Tetra Tech ARD/KCI
   improperly terminated this subcontract for default, such termination shall be deemed a
   termination for convenience.

PART 13        DISPUTES:

A) Should a dispute as to the proper interpretation of this Subcontract, or Statement of Work or
   material performed or furnished hereunder, arise which concerns the parties hereto only, or
   Subcontractor and other subcontractors or suppliers, the same shall be decided by binding
   arbitration, pursuant to the rules of arbitration of a recognized and mutually acceptable
   national arbitration entity.

                                                                                                    29
B) The Subcontractor shall proceed diligently with the Statement of Work, unless the subcontract
   has been cancelled, pending final determination pursuant to any Disputes clause or pursuant
   to any other action taken with respect to a claim or claims.

C) In the event either party institutes suit in court against the other party or against the surety of
   such party, in connection with any dispute or matter arising under this Agreement, the
   prevailing party shall be entitled to recover reasonable attorneys’ fees in addition to any other
   relief granted by the court.

PART 14        TERMS AND CONDITIONS: – simplified acquisitions (other than
               commercial items) (modified from far 52.213-4)

This subcontract agreement incorporates the Federal Acquisition Regulation (FAR) clauses listed
in Attachment B by reference. The text of each clause and the FAR shall be deemed to be
modified with respect to the identification of parties as provided in paragraphs a. and b. below.

A) Unless one of the exceptions provided in paragraph (C) below shall apply, the term "Contract"
   shall mean "Subcontract"; the term "Contractor" shall mean "Subcontractor"; the term
   "Government" shall mean “Tetra Tech ARD/KCI "; and the term "Contracting Officer" shall
   mean the “Tetra Tech ARD/KCI Subcontracts Manager.”

B) The following instances are exceptions to the general rules of construction as provided in
   paragraph (A):
   i. Where it is clear, by the context of the provision itself or the conditions under which it is
        being applied, that the reference is intended to refer to the Government, its officers or
        agents, or the prime contractor specifically;
   ii. Where an explicit provision of this subcontract states a contrary intent;
   iii. Where access to proprietary financial information or other proprietary data is required; or
   iv. Where interpretation in accordance with the rules stated above would place the prime
        contractor in a position of violating the equivalent or related provisions of the prime
        contract whereas construction of the terms without modification would not.

C) References in any provision incorporated by reference herein to the "Disputes" clause shall be
   construed as references to the “Disputes” clause contained in Part 12 of this subcontract. No
   provision herein shall be taken to imply any direct access on the part of the Subcontractor to
   the disputes process as defined in the terms of the Prime Agreement.
   The full text of a clause incorporated by reference may be accessed electronically at this/these
   address(s): http://www.arnet.gov/far and http://www.usaid.gov

PART 15        INCONSISTENCIES BETWEEN ENGLISH VERSION AND
               TRANSLATION:

In the event of inconsistencies between any terms of this subcontract and any translation into
another language, the English language meaning shall control.

PART 16        INDEMNIFICATIONS:

In addition to any other remedies that Tetra Tech ARD/KCI may have, the Subcontractor shall
indemnify, hold harmless and defend Tetra ARD and USAID from any and all claims, damages,
demands, suits, actions, judgments, liabilities or costs or expenses of any nature including legal
                                                                                                30
expenses and consequential or special damages or costs and including property damages or injury
to the Subcontractor, its employees, agents, lower tier subcontractors or to any third party or its
property, occasioned by any negligent or otherwise wrongful act of the Subcontractor, its lower
tier subcontractors or anyone for whose actions the Subcontractor is legally responsible or arising
from Subcontractor’s breach of this Subcontract or negligent performance hereunder and arising
out of work done under this Subcontract.

PART 17        PRIVITY OF CONTRACT:

a. The contractual relationship for this Subcontract is between Tetra Tech ARD/KCI and
   Subcontractor. There is no privacy of contract between Subcontractor and USAID.

b. All communications between Subcontractor and USAID must be approved in advance by
   Tetra Tech ARD's KCI Contracts Manager. In no event shall Subcontractor provide cost
   estimates or work products directly to USAID or any other third party.

c. Under no circumstances shall Subcontractor act upon directions given by a representative of
   USAID without the specific written confirmation by the Tetra Tech ARD/KCI Contract
   Manager. All such direction and technical liaison shall take place through Tetra Tech
   ARD/KCI. Tetra Tech ARD/KCI will not be liable for costs of work performed by
   Subcontractor outside of these terms. If Subcontractor receives such direction from any
   representative of USAID, Subcontractor shall notify the Tetra Tech ARD/KCI Contract Officer
   as soon as possible before taking any action based upon such direction.

d.   Publicity and News Release: In accordance with USAID regulations, no releases shall be made to the news
media or the general public relating to participation on the Program without the prior written approval of TETRA
TECH ARD/KCI, which approval shall not be unreasonably withheld. The parties further agree that news releases
made by either of them shall recognize the participation and contribution of the other party.


e.    Publications: Subcontractor shall not publish or publicly disseminate any information or data derived or
obtained from or in connection with any services rendered hereunder, without the prior written consent of TETRA
TECH ARD/KCI and USAID.
f.    Communications with USAID and Other Agencies: All of Subcontractor’s contractual written or oral
communications with or to USAID, or local agencies relative to the Works under the Subcontract, must be through
or with the authorization of TETRA TECH ARD/KCI COP.


PART 18        REQUIRED CERTIFICATIONS:

1.     Key Individual Certification Narcotics Offenses and Drug Trafficking

       I hereby certify that within the last ten years:

       1.      I have not been convicted of a violation of, or a conspiracy to violate, any law or
       regulation of the United States or any other country concerning narcotic or psychotropic
       drugs or other controlled substances.

       2.     I am not and have not been an illicit trafficker in any such drug or controlled
       substance.
                                                                                                     31
       3.      I am not and have not been a knowing assistor, abettor, conspirator, or colluder
       with others in the illicit trafficking in any such drug or substance.


       Signature: ____________________________ Date: ____________________________

       Name: _____________________________________________

       Title/Position: _______________________________________

       Organization: _______________________________________

        Address: __________________________________________

                  __________________________________________

NOTICE:

       1. You are required to sign this Certification under the provisions of 22 CFR Part 140,
          Prohibition on Assistance to Drug Traffickers. These regulations were issued by the
          Department of State and require that certain key individuals of organizations must sign
          this Certification.
       2. If you make a false Certification you are subject to U.S. criminal prosecution under 18
          U.S.C. 1001.


2.     Acquisition and Assistance Policy Directive Certification Regarding Terrorist
       Financing

Hereby, this is certified and provided by Subcontractor to TETRA TECH ARD/KCI Kabul-
Afghanistan.

The provided certificate is as a condition of entering into the referenced agreement, Subcontractor
hereby certifies that it has not provided and will not provide material support or resources to any
individual or entity that it knows, or has reason to know, is an individual or entity that advocates,
plans, sponsors, engages in, or has engaged in terrorist activity, including but not limited to the
individuals and entities listed in the Annex to Executive Order 13224 and other such individuals
and entities that may be later designated by the United States under any of the following
authorities: § 219 of the Immigration and Nationality Act, as amended (8 U.S.C. § 1189), the
International Emergency Economic Powers Act (50 U.S.C. § 1701 et seq.), the National
Emergencies Act (50 U.S.C. § 1601 et seq.), or § 212(a)(3)(B) of the Immigration and Nationality
Act, as amended by the USA Patriot Act of 2001, Pub. L. 107-56 (October 26, 2001)(8 U.S.C.
§1182). Subcontractor further certifies that it will not provide material support or resources to any
individual or entity that it knows, or has reason to know, is acting as an agent for any individual or
entity that advocates, plans, sponsors, engages in, or has engaged in, terrorist activity, or that has
been so designated, or will immediately cease such support if an entity is so designated after the
date of the referenced agreement.


                                                                                                   32
For purposes of this certification, “material support and resources” includes currency or other
financial securities, financial services, lodging, training, safe houses, false documentation or
identification, communications equipment, facilities, weapons, lethal substances, explosives,
personnel, transportation, and other physical assets, except medicine or religious materials.

For purposes of this certification, “engage in terrorist activity” shall have the same meaning as in
section 212(a)(3)(B)(iv) of the Immigration and Nationality Act, as amended (8 U.S.C.§
1182(a)(3)(B)(iv)).

For purposes of this certification, “entity” means a partnership, association, corporation, or other
organization, group, or subgroup.

This certification is an express term and condition of the agreement and any violation of it shall be
grounds for unilateral termination of the agreement by USAID prior to the end of its term.”

For the Subcontractor:
____________________________________
Authorized Signatory Name/Title

Signature

Date



3.     Certification Regarding Debarment, Suspension, Proposed Debarment, and Other
       Responsibility Matters (Mar 1996)

(a) (1) The Offering body certifies, to the best of its knowledge and belief, that:

       (i) The Offering body and/or any of its Principals:

            (A) Are not presently debarred, suspended, proposed for debarment, or declared
            ineligible for the award of contracts by any Federal agency;

            (B) Have not, within a three-year period preceding this offer, been convicted of or had
            a civil judgment rendered against them for: commission of fraud or a criminal offense
            in connection with obtaining, attempting to obtain, or performing a public (Federal,
            state, or local) contract or subcontract; violation of Federal or state antitrust statutes
            relating to the submission of offers; or commission of embezzlement, theft, forgery,
            bribery, falsification or destruction of records, making false statements, tax evasion, or
            receiving stolen property; and

            (C) Are not presently indicted for, or otherwise criminally or civilly charged by a
            governmental entity with, commission of any of the offenses enumerated in
            subdivision (a)(1)(i)(B) of this provision.

       (ii) The Offering body has not, within a three-year period preceding this offer, had one or
            more contracts terminated for default by any Federal agency.

                                                                                                   33
   (2) “Principals, for the purposes of this certification, mean officers; directors; owners; partners;
       and, persons having primary management or supervisory responsibilities within a business
       entity (e.g., general manager; plant manager; head of a subsidiary, division, or business
       segment, and similar positions).

       This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United
       States and the Making of a False, Fictitious, or Fraudulent Certification May Render the
       Maker Subject to Prosecution Under Section 1001, Title 18, and United States Code.

(b) The Offering body shall provide immediate written notice to the Contracting Officer if, at any
    time prior to contract award, the Offering body learns that its certification was erroneous when
    submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily
    result in withholding of an award under this solicitation. However, the certification will be
    considered in connection with determination of the Offering body's responsibility. Failure of
    the Offering body to furnish a certification or provide such additional information as requested
    by the Contracting Officer may render the Offering body non-responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of
    records in order to render, in good faith, the certification required by paragraph (a) of this
    provision. The knowledge and information of an Offeror is not required to exceed that which
    is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon
    which reliance was placed when making award. If it is later determined that the Offering body
    knowingly rendered an erroneous certification, in addition to other remedies available to the
    Government, the Contracting Officer may terminate the contract resulting from this solicitation
    for default.
Signature

By signature hereon, or on an offer incorporating these Representations, Certifications, and Other
Statements of Offering body, the Offering body certifies that they are accurate, current, and
complete, and that the Offering body is aware of the penalty prescribed in 18 U.S.C. 1001 for
making false statements in offers.

Date of Offer:
Subcontractor:


Authorized Signatory Name/Title


Signature




                                                                                                     34
PART 19        WARRANTY

The Subcontractor shall warrant that the work performed under this Agreement conforms to the
contract requirements and is free from any defect in equipment, material, design, finish or
workmanship performed by or the responsibility of the Subcontractor. This warranty shall
continue for a period of 120 days from the date of acceptance that 100% of the work has been
completed and shall end at the completion of the Retention Period.

(a)In addition to any other warranties in this contract, the Subcontractor warrants that work
performed under this contract conforms to the contract requirements and is free of any defect in
equipment, material, or design furnished, or workmanship performed by the Contractor or any
subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 120 days from the date of final acceptance of the
work. If the Kabul City Municipality takes possession of any part of the work before final
acceptance, this warranty shall continue for a period of 120 days year from the date the KCM
takes possession.

(c) The Subcontractor shall remedy at the Subcontractor's expense any failure to conform, or any
defect. In addition, the Subcontractor shall remedy at the Subcontractor's expense any damage to
Kabul Municipality owned or controlled real or personal property, when that damage is the result
of—

(1) The Subcontractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Subcontractor shall restore any work damaged in fulfilling the terms and conditions of this
clause. The Subcontractor’s warranty with respect to work repaired or replaced will run for 120
days from the date of repair or replacement.

(e) Tetra Tech ARD shall notify the Subcontractor, in writing, within a reasonable time after the
discovery of any failure, defect, or damage.

(f) If the Subcontractor fails to remedy any failure, defect, or damage within a reasonable time
after receipt of notice, Tetra Tech ARD shall have the right to replace, repair, or otherwise remedy
the failure, defect, or damage at the Subcontractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or
suppliers for work performed and materials furnished under this contract, the Subcontractor
shall—

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of Tetra Tech and the Kabul
Municipality.

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting
Officer.

                                                                                                     35
(h) In the event the Subcontractor’s warranty under paragraph (b) of this clause has expired, the
Tetra Tech ARD may bring suit at its expense to enforce a subcontractor's, manufacturer's, or
supplier's warranty.

(i) This warranty shall not limit the Tetra Tech ARD's rights under the Inspection and Acceptance
clause of this contract with respect to latent defects, gross mistakes, or fraud.

PART 20        GENERAL MATTERS:

This document sets forth all of the terms and provisions of the Subcontract between the parties
hereto. This Subcontract may not be modified, altered, amended, or changed except in writing
signed by the party against whom such a modification, amendment, or change is asserted or
claimed. This Subcontract shall be construed under the laws of the State of Vermont and the
United States of America.


I have read the above terms and conditions, and, as the Subcontractor's authorized representative,
my signature below legally represents the Subcontractor's concurrence with the terms and
conditions and the unconditional acceptance of this subcontract.

For Subcontractor                           For Tetra Tech ARD/KCI:



                                            KCI Chief of Party



Date                                        Date




                                                                                                    36
                                           Appendix (D)
                                         Offeror’s Letter


Tetra Tech ARD-KCI
Green Village, Off Jalalabad Road, PD# 6
Kabul, Afghanistan

Attention: Subcontracts Director

Subject: Tetra Tech ARD/KCI Request for Proposal No. 002-147 Construction of New Taimani
Park in District 4, Kabul Afghanistan.
Dear Sir:

We, the undersigned, offer to undertake subject work in accordance with your Request for
Proposal ------------ dated ------------------ and our Proposal (Technical and Cost volumes) are
attached.

This proposal shall remain valid for a period of sixty (60) days from the date of this submission.

Commissions and gratuities, if any, paid or to be paid by us to agents relating to this Proposal and
subcontract execution, if we are awarded the subcontract, are listed below. State NONE if none
are paid.
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________

We understand you are not bound to accept any Proposal you receive.

Our completed Check List is attached.

Thank you for the opportunity to participate in this important project.

Respectfully,

______________________
Authorized Signature:
Name and Title of Signatory:
Name of Firm:
Address:
Telephone:




                                                                                                     37
                                          Appendix (E)
                                         RFP Checklist


Offeror: ______________________________________________________


Have you?

       Submitted your technical and financial proposal to Tetra Tech ARD-KCI through this
email RFP@kci-tetratech-ard.com Acceptable native file formats are Microsoft Office Suite
applications (.DOC, .XLS, .MDB) or Adobe Acrobat (.PDF).

Does your proposal include the following?

       Cover Letter (use template in RFP)

       Priced Bill of Quantities

       Annex 1 – Technical Evaluation Table

       Annex 2 – Financial Evaluation Table

       Certification or Licensing Requirement

       Dari Translation of Technical Proposal

       Bank Statement (The offeror must have Bank balance at least 40% of this project otherwise
       will be considered non responsive)




                                                                                             38
                                         APPENDIX (F)

              This page must be signed by Offeror and returned with the quotation.

             CERTIFICATION OF ANTI-KICKBACK AND NO CONFLICT OF INTEREST

Offeror hereby acknowledges that Tetra Tech ARD/KCI is a USAID contractor and must fully
comply with all USAID regulations, including those relating to ethics and integrity in purchasing.

Specifically, there may be no transactions entered into by Tetra Tech ARD/KCI that involve
kickbacks and/or present a conflict of interest on the part of either Tetra Tech ARD/KCI or those
individuals or entities with which Tetra Tech does business.

Kickback, as used above, means any money, fee, commission, credit, gift, gratuity, thing of value,
or compensation of any kind which is provided, directly or indirectly, to any employee,
subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding
favorable treatment. No person or entity is to either provide or attempt to provide any kickback,
nor to solicit, attempt to solicit, or accept a kickback during the course of any transaction. Nor
will Offeror include, either directly or indirectly, the amount of any kickback in the price charged
to a USAID contractor.

Offeror will act in a manner consistent with his/her fiduciary responsibilities to Tetra
Tech ARD and will exercise particular care that no detriment to Tetra Tech ARD/KCI results from
conflicts between their interests and those of Tetra Tech ARD/KCI and/or any beneficiary to the
Kabul City Initiative. Offeror is considered to have a conflict of interest when Offeror has an
existing or potential financial or other interest that impairs or might appear to impair Offeror’s
independence of judgment in the discharge of responsibilities to Tetra Tech ARD/KCI or that may
result in undue benefit to any party to this transaction or beneficiary therefrom.

The Offeror shall have in place and follow reasonable procedures designed to prevent and detect
possible violations as described above in its own operations. When Offeror has reasonable
grounds to believe that a violation of the above may have occurred, Offeror shall promptly report
in writing the possible violation to Tetra Tech ARD/KCI in care of the Chief of Party, Kabul City
Initiative.

Therefore Offeror hereby states that, to the best of his/her knowledge, that no violation of the
above has or will take place in relation to the transaction currently under consideration.

On behalf of Offeror:

Name and Title: __________________________________________________


Signature: ____________________________ Date: ______________________


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