Request for Proposal (RFP)
Issued on: February 14, 2024
Solicitation Number: 2205-BHFA-CONSLT-001
For: Consultancy Services
Quotes Deadline: March 1, 2024
Background
Pathfinder is driven by the conviction that all people, regardless of where they live, have the right to decide whether and when to have children, to exist free from fear and stigma, and to lead the lives they choose.
Since 1957, we have partnered with local governments, communities, and health systems to remove barriers to critical sexual and reproductive health services. Together, we expand access to contraception, promote healthy pregnancies, save women’s lives, and stop the spread of new HIV infections, wherever the need is most urgent.
Our work ensures millions of women, men, and young people are able to choose their own paths forward.
Project Background
The USAID Building Healthy Families Activity (BHFA) is a five-year program (September 2022 to August 2027). Pathfinder is leading a team in implementing this project in 37 districts in Khyber Pakhtunkhwa (KP) and Sindh Provinces, whose overall goal is to improve the population’s health outcomes through strengthening the primary care systems so that uptake and continuation of voluntary Family Planning (FP)/Reproductive, Maternal, Newborn, and Child Health (RMNCH) services are encouraged. The project puts the Governments of Sindh and KP along with their respective Departments of Health (DOH), Population Welfare Department (PWD), and private sector providers at the forefront. The project aims to help achieve the Government of Pakistan’s (GoP) FP 2030 goals in providing a higher-performing health system and responding to the needs of Pakistanis – especially women, girls, children, youth, and disadvantaged and marginalized populations.
BHFA requires support in producing high quality, audience-specific and visually superior communication materials. The role of the communication consultant will include supporting the development of communication materials.
Therefore, BHFA is looking for an expert to support its designing, communication, and storytelling issues based on need, on a contractual basis. The support areas will be providing writing support, editing and designing quality technical briefs, success stories, booklets, producing well formatted reports and report summaries, and generalized communications materials (e.g., Pathfinder Website blogs and BHFA external project publications for dissemination with different stakeholders).
The Communications Consultant will be extending support to the project remotely with guidance and support from the Pathfinder BHFA Team in Pakistan under the supervision of the BHFA Chief of Party.
Scope of Work (SOW)
The person will be responsible for following tasks:
- Editing Technical Briefs and policy briefs in consultation with respective technical teams based on project needs and ideas.
- Producing illustrated and share-ready report summaries synthesizing from the project produced reports.
- Editing Success Stories for documentations, in consultation with the technical teams
- Producing/Editing social media contents from the collected success stories and other sources
- Support project with designing presentations and briefs of various project documents: assessments and surveys.
- Editing materials to obtain high-quality technical and communication materials that can achieve desired impacts and visibility.
- Providing print/share-ready well-designed project materials using compatible (Adobe Suits preferred) graphic design/desktop publishing software adhering to branding and communication guidelines.
- Extending assistance to technical and program staffs preparing various types of documentation that would capture the learning and innovation of the project.
Required Qualifications:
- Native English language skills with Literature/story telling background.
- Expert in dealing with technical documents and familiar with SRHR and FP terminologies.
- Up-to-date knowledge of design software such as Adobe Creative Cloud, specifically Adobe Illustrator, Adobe XD, Adobe Photoshop, and common wireframe tools.
- Previous communication experience on USAID projects.
Required Skills:
- Must have strong communication and analytical skills with attention to details. Able to determine and convey the intended message and develop high-quality product with creative ideas.
- Must have artistic and storytelling skills to create appealing designs.
- A high level of organizational and coordination skills
- Ability to produce quality work within the requested deadline and under pressure.
Expected Results and Deliverables
Activity
Deliverable
Work closely with BHFA Communications Officer in editing and BHFA Communication materials, including project brochure, PowerPoint presentation on the project. Strategy.
BHFA communication materials, including overview of project in a short brief and PowerPoint.
Provide writing support to BHFA technical teams as they document project impact, approaches, and interventions.
Edited project materials (learning briefs, technical briefs, policy briefs, success stories blog)
Edit and provide final design for project assessments, surveys, and studies
Well designed, easy-to-understand briefs and presentations on BHFA findings and recommendations using compatible (Adobe Suits preferred) graphic design/desktop publishing software adhering to branding and communication guidelines.
Performance Period
The scope of work will take place over approximately eight months, from the date of contract award, with an estimated level of effort of 90 days.
Inquiries
If you have any questions/inquiries, please e-mail [email protected] no later than close of business February 20, 2024 (3:00PM) with a subject line Inquiries: 2205-BHFA-CONSLT-001 – Communication Consultancy. The solicitation number indicated above must be included in the subject line. Responses will be posted to all known offerors.
Proposal Deadline
All written responses to this RFP must be received by Pathfinder no later than 11:59 PM for electronic submission, (Pakistan time) on March 1, 2024, with a subject line:2205-BHFA-CONSLT-001 – Communication Consultancy. Hardcopy submissions will not be accepted. A maximum of two files are permissible: one for technical documentation and one for financial details. The combined size of the email attachments should not exceed 20 MB.
Please email the quote and other information directly to: [email protected].
Modification
If at any time prior to award Pathfinder deems there to be a need for a significant modification to the terms and conditions of this RFP, Pathfinder will issue such a modification as a written RFP amendment to all competing offerors. No oral statement of any person shall in any manner be deemed to modify or otherwise affect any RFP term or condition, and no offeror shall rely on any such statement. Such amendments are the exclusive method for this purpose.
Resulting Award
As a result of this solicitation, Pathfinder anticipates engaging a single independent contractor/company. Pathfinder reserves the right to split the SOW and make multiple awards.
Any resulting contract will be subject to the terms and conditions contained in Annex B. Part B of this annex will only apply to USG-funded assignments.
Payment Terms
Pathfinder anticipates entering into a fixed-price contract with the selected contractor. Payment will be made according to milestones.
Proposal Guidelines and Instructions
Offerors will be required to submit two proposals, electronically, one a technical proposal and the other a cost proposal. All proposals must be signed and valid for a minimum of sixty (60) days.
Your proposal should provide basic information about your Individual and relevant service offerings. It should have a section addressing each of the following areas:
- Individual Profile
- Past Performance
- Technical Approach (offeror will be evaluated based on their responsiveness to the Scope of Work)
- References
- Relationship disclosure and mitigation plan
Responses should include the following information:
- Technical Proposal
- Individual Profile
- Provide a general description of the offeror in terms of domestic and international experience.
- Published reports, success stories and literature.
- Briefly summarize the offeror’s qualifications and experience of the activities described in the scope of work also as per criteria.
- Maximum attained education and certifications received.
- Past Performance
- Provide a detailed track record of previous similar work undertaken along with the names of the associated companies.
- Achievements, awards.
- Technical Approach
- Describe the offeror’s technical approach in responding to the scope of work.
- Describe the offeror’s experience dealing with the communication role.
- Describe the offeror’s capability in relation to the subject matter.
- References – pass/fail
- Submit (4) client references with complete details including contact name, designation, company name, contact number and email.
- Relationship disclosure – pass/fail
- Describe any current or past relationships your organization may have with Pathfinder, and if it is a potential conflict of interest. If there is a potential conflict of interest, please explain how this risk will be mitigated.
- Describe any personal or familial relationships any employee of the Contractor has with any employee of Pathfinder. If there is a relationship, please explain how any conflict-of-interest risk will be mitigated.
- Disclosure does not automatically disqualify offeror.
- Cost Proposal
Offerors pricing should be based on the following:
For Services performed during the Term, Consultant will be paid a fixed fee. Please submit your per day rate below in USD.
Fixed per day rate ________________
Evaluation Criteria
In evaluating the proposals, Pathfinder International will seek the best value for money rather than the lowest priced proposal. Pathfinder will use a two-stage selection procedure:
- the first stage will evaluate the Technical Proposal.
- the second stage will evaluate the Cost Proposal for proposals that pass the Technical Proposal evaluation.
Specifically, the selection committee will evaluate each proposal upon the following criteria:
Criteria
Weight
Bid Submission
- Bid submitted on time.
- Offeror is eligible to receive funding per background checks.
- Any potential conflict of interest is sufficiently mitigated.
- Reference checks yield positive result
Pass/Fail
Native English language skills with Literature/story telling background (Maximum 5 marks for Native English language proficiency and Maximum 5 points for Background in literature)
10 marks
Expert in dealing with technical documents and familiar with Sexual and Reproductive Health and Rights (SRHR) and Family Planning (FP) terminologies. (Maximum 5 marks for Proficiency in technical document handling and Maximum 5 points for Familiarity with SRHR and FP terminologies)
10 marks
Proficiency in Producing Illustrated Report Summaries and Success Stories
15 marks
Proficiency in Technical Writing, Design, Content Creation, and Social Media Management.
15 marks
Consultant technical approach to the scope of work, ability to work independently, capacity to communicate complex ideas clearly and concisely, and willingness to collaborate effectively with an international team across various time zones.
10 marks
Previous communication experience on USAID funded projects (maximum 20 marks, each year of experience will get 2 marks)
20 marks
Master’s degree (or equivalent) in project management, mass communications, journalism, development, social sciences, public relations, or related fields (maximum 10 marks)
10 marks
10 years of progressively responsible experience in communications role for health/development projects or equivalent (maximum 10 marks, each year experience will get 1 mark)
10 marks
Total Weight
100
Pathfinder is not bound to accept the lowest or any proposal and reserves the right to accept any proposal in whole or in part and to reject any or all proposals.
Pathfinder shall not be legally bound by any award notice issued for this RFP until a contract is duly signed and executed with the winning offeror.
Terms
Pathfinder reserves the right to cancel this solicitation at any point and is under no obligation to issue a subcontract as a result of this solicitation.
Pathfinder will not reimburse any expenses related to the preparation of any proposal related materials or delivery.
Agreement
Any resulting contract will be subject to the terms and conditions contained in the annex. See Annex A
Thank you,
BHFA Procurement Team
Pathfinder International
Annex A: General Terms and Conditions
Consulting agreement (CA)
between
Pathfinder international
Address
and
Name
address
(hereinafter “Consultant”)
Agreement Type
Cost Center
Ceiling
Purchase Order No.
Under the present agreement, Pathfinder retains the services of the Consultant to submit the deliverable(s) and/or perform the services as described in Part C. Scope of Work for consideration.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives below effective on the date first written above.
FOR PATHFINDER INTERNATIONAL FOR CONSULTANT
_____________________________ ______________________________
Name Name
_____________________________ ______________________________
Signature and Date Signature and Date
Agreement Schedule
Part A. General Terms and Conditions
Part B. US Government Terms and conditions (if applicable)
Part C. Scope of Work
Part D. Budget
Part E. Invoice Format
Part A. Genral Terms and Conditions
- Scope of Work. Under this Agreement, the Consultant identified above (hereinafter “Consultant”) will provide to Pathfinder International (hereinafter “Pathfinder”) the professional services and deliverables set forth in the Scope of Work (Annex A), hereby incorporated by reference. Time is of the essence with respect to performance, unless otherwise indicated in the Scope of Work.
- Term. Pathfinder agrees to engage Consultant, and Consultant agrees to provide the agreed-upon services for the period commencing [date] and ending on [date].
- Approvals. This agreement is contingent upon receipt of: satisfactory reference checks, background eligibility clearance, and confirmation of work authorization to work in the assigned country/countries. Pathfinder conducts background checks on all short-term Consultants.
- Relationship. It is understood and agreed that the Consultant is furnishing services to Pathfinder International as an Consultant, and nothing contained in the Agreement between Pathfinder and the Consultant shall create any association, partnership, joint venture, employer-employee or agent-principal relationship.
- Rate. Select 1: For services performed during the term, the Consultant will be paid in accordance with their daily rate of $XXX.XX per day/hr or (2) For services performed during the term, Consultant will be paid a fixed fee of $XXX.XX.
-
Terms of Payment.
- In no event shall the amount paid to Consultant exceed the fixed price or ceiling price, as applicable, stated in Part D. Budget without the express written authorization of Pathfinder.
- Invoice Submission. Consultant shall submit invoice(s) to the address to the attention of the Pathfinder employee identified in Article 22 below. Select one: (1)[For fixed-price agreements:] Invoices shall be submitted promptly upon completion of each milestone. (2) [Or for T&M agreements:] Invoices for level of effort (LOE) shall be submitted on a monthly basis. Invoices for all other expenses shall be submitted promptly upon completion of the required products/services.
- Not applicable for fixed price agreement: Level of Effort. Consultant may not work or be reimbursed for days beyond the maximum approved amount without prior written approval from Pathfinder. The maximum approved level of effort for this Agreement is XX days, based on a five/six-day workweek and including travel. A day is defined as eight (8) work hours.
- Method of Payment. Consultant will be paid via [SELECT ONE: (1) direct deposit to a U.S. bank account or (2) wire transfer to an international bank account]. Failure to provide accurate bank information in a timely manner may delay payment.
- Timing of Payments. Consultant shall be paid within thirty (30) days after Pathfinder’s receipt of an invoice in the format prescribed in Annex B of this Agreement and acceptance by Pathfinder of the completed products/services in accordance with “Inspection & Acceptance” below, together with any required supporting documentation as described in Article 6.6 below and “Budget” (Annex C). Pathfinder is under no obligation to pay Consultant’s invoices received later than ninety (90) days after completion of the required services/deliverables. Payment of Consultant invoices by Pathfinder shall not constitute final approval of the charges therein. All charges invoiced by Consultant may remain subject to Pathfinder and/or U.S. Government/Client audit and subsequent adjustment. Consultant agrees to reimburse Pathfinder for any costs disallowed by Client.
- Inspection & Acceptance. All deliverables shall be subject to final inspection by the individual stated in Article 23 below, and shall be accepted or rejected as promptly as practicable after delivery or performance. If a deliverable or service performed by Consultant is found to be defective, Consultant shall be given the opportunity to correct any deficiencies within a reasonable period of time, not more than 10 days, unless otherwise agreed-to by Pathfinder. If correction of such work is impracticable, Consultant shall bear all risk after notice of rejection and shall promptly make all necessary replacements at its own expense, if so requested by Pathfinder. To the extent that Pathfinder is held financially responsible for any deficiencies in the services performed by the Consultant, the Consultant agrees to cure such deficiencies at the sole cost to the Consultant. Consultant is responsible for any deficiency on the part of its suppliers or subConsultants. Consultant shall be responsible for any additional costs of re-procurement that exceed the fixed price or ceiling price, as applicable, specified in Article 5 as may be necessary for Pathfinder to secure the supplies/services as a result of Consultant’s inability to deliver or perform supplies or services that conform to the requirements of this Agreement.
- Late Deliveries. In addition to any remedies available to it in the event of late delivery, Pathfinder may deduct 1% of the amount invoiced for such delivery for each day said delivery was late. This will not exceed 10% of the fixed price or ceiling price, as applicable, set forth in Article 5 above.
- Confidential Information: Each party shall treat as confidential all information obtained from the other during the course of performance under the Agreement. Neither party shall disclose such information without prior written consent of the other, unless compelled to do so by law. All confidential information disclosed or otherwise made known to the Consultant as a result of the services remains the sole property of Pathfinder.
- Intellectual Property: The title to all Intellectual Property rights in or in relation to material created during the course of the services, including but not limited to designs, works of authorship, analyses, reports, improvements or processes, vests in Pathfinder upon its creation. These rights include title and interest in patent, copyright, trademark and other proprietary rights. At its sole discretion, Pathfinder may grant to the Consultant, a limited, royalty-free license to use material developed under this Agreement. In addition, nothing in this Agreement shall supersede the rights of donors supporting Pathfinder’s work.
- Non-Compete. While this Agreement is in effect, the Consultant shall not perform similar services with any party directly or indirectly in competition with Pathfinder without giving prior notice to and obtaining written consent from Pathfinder.
- Assignment. The Consultant may not assign its rights or responsibilities under this Agreement without the prior written consent of Pathfinder.
- Non-Solicitation. During the term of this Agreement and for twelve (12) months following its termination the Consultant agrees not to solicit, entice, induce, encourage, or attempt to solicit, entice, induce, encourage any Pathfinder employee, either directly or indirectly, to leave Pathfinder’s employ or to cause or attempt to cause any Pathfinder employee to become employed by any person or business entity competitive with or engaged in the business of Pathfinder.
-
Code of Conduct.
- Ethics and Integrity.
The Consultant agrees, in executing this Contract and in performing its obligations in connection therewith, to ensure that it, its officers, directors, employees, agents, lower-tier Consultants and suppliers scrupulously avoid violations of laws, regulations or rules; donor requirements; and ethical standards (“misconduct”).
- Conflict of Interest.
The Consultant must establish appropriate conflict of interest policies and maintain reasonable business standards, procedures and controls to ensure that no conflicts of interest arise during implementation of this Program. A conflict of interest may occur if an interest or activity influences or appears to influence the ability of an individual to exercise objectivity or impairs the individual’s ability to perform his or her responsibilities in the best interest of the Program. Therefore, Consultant represents that there is no competing interest between Consultant’s performance of this Contract and Consultant’s performance under any other contract or agreement to which it is now a party, or intends to become a party to in the future. In the event that Consultant believes that there is any such potential conflict of interest, or any competing interest arises during the term of this Contract or extension thereof, it will advise Pathfinder’s Contractual Contact in writing immediately. For more information on identifying and handling potential and actual conflicts of interest, please contact your Pathfinder Contractual Contact.
- Improper Payments to Government Officials.
Consultant represents that none of its directors, officers, employees or agents is a Government Official or a member of the immediate family (spouse, parent, child, sibling or sibling’s spouse) of a Government Official, and that no Government Official is, directly or indirectly, an owner of or investor in the Consultant, except as may be disclosed to the Pathfinder Contractual Contact.
Consultant agrees that, in performing any activity in connection with this Contract, neither Consultant nor any of its directors, officers, employees, agents, owners or shareholders:
- will pay, give, or authorize the payment or giving of, any money or anything of
- Trafficking in Persons.
value to any Government Official for the purpose of influencing any act or decision
of such Government Official or otherwise promoting the interests of Pathfinder or the Consultant in any respect.
b. will pay, give or authorize the payment or giving of any money or anything of value
to any third party knowing or having reason to know that such third party will in turn
give all or any portion of the payment or the item(s) of value directly or indirectly to
a Government Official for the purpose of influencing any act or decision of such
Government Official or otherwise promoting the interests of Pathfinder or the Consultant in any respect.
Consultant agrees to promptly notify Pathfinder in writing if, during the term of this Contract (a) any director, officer, employee or agent of Consultant or a member of the immediate family (spouse, parent, child, sibling or sibling’s spouse) of any of the foregoing becomes a Government Official, (b) any Government Official becomes, directly or indirectly, an owner of or investor in the Consultant; or (c) Consultant receives a request to take any action which would or might violate its obligations under subsection a or b immediately above.
Consultant represents that neither it nor any of its directors, officers, employees, agents, owners or shareholders (a) have made or authorized any payment, gift or transfer prohibited in subsection (e)(ii) immediately above, and (b) have been accused of, indicted for, or convicted of, making or authorizing any payment, gift or transfer prohibited in subsections a or b immediately above.
Definitions:
“Government Official” includes (i) any official or employee of any government, any political party, or any public international organization, and (ii) any candidate for political office; regardless of whether the person purports to act in a private capacity or serves without compensation.
“government” means any agency, department, embassy, instrumentality or other governmental entity, including any company or other entity owned or controlled by the government.
During the term of this Contract, Consultant must not engage in:
- Trafficking in persons (as defined in the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention against Transnational Organized Crime)
- Procurement of a commercial sex act;
- Use of forced labor in the performance of this award;
- Committing any act with respect to employees (including consultants and volunteers) that supports or advances TIP including (i) confiscating identity or immigration documents; (ii) failing to provide return transportation upon request to employees recruited from another country; (iii) making false or misleading representations concerning terms or conditions of employment; (iv) charging recruitment fees to an employee; (v) using recruiters that do not comply with labor laws in the country where the recruitment takes place; (vi) if required by law or contract, failing to provide a written employment agreement or work document setting out employment conditions in a language the employee understands; or (vii) housing employees in substandard conditions
- Anti-Bribery and Corruption
In the event of a violation of this provision, Pathfinder may terminate this Contract immediately, without penalty, and is also authorized to pursue any other remedial actions authorized as stated in section 1704(c) of the National Defense Authorization Act.
Consultant, its subsidiaries and affiliates must be committed to the highest standards of ethical and legal business conduct. This includes complying, without exception, with the letter and spirit of anti-bribery and anti-corruption laws.
Consultant, its subsidiaries and affiliates are strictly prohibited from:
- bribery of governmental officials at any rank or level;
- bribery of any other persons, including persons working for commercial businesses and non-governmental organizations;
- any involvement in corruption or corrupt practices; and
- engaging in bribery or corruption indirectly (for example, by channeling improper acts, payments, or requests through a third party).
Consultant agrees that, in connection with this Contract, it, or any person or entity acting on its behalf, will not commit any act or omission which causes or could cause an offence under, any laws relating to anti-bribery and/or anti-corruption including, “facilitation payment”. This is a legal term that refers to a small amount paid to secure or expedite a routine governmental action or service that a Consultant is legally entitled to receive. Facilitation payments are illegal in many countries and violate many donor agreements. Consultant is prohibited from making a facilitation payment without the written approval from Global Procurement Manager.
“Bribery” includes providing anything of value in order to obtain an improper business advantage.
- “Providing” includes giving, paying, offering, authorizing, or promising to pay, whether done directly or indirectly, such as through a third party;
- “Anything of value” includes money, gifts, hospitalities (meals, entertainment, hotels), charitable contributions, political contributions, offers of employment or consulting positions, referrals, in-kind services, loans, kickbacks, and stock or other ownership interests.
- “Improper business advantage” includes obtaining or retaining business, directing business to a particular person or persons, receiving a governmental approval, license, permit or other favorable action, and any other unfair advantage.
“Corruption” and “corrupt practices” include:
- authorizing improper payments to third parties;
- agreeing to improper requests or demands of government officials or other persons; and
- abusing one’s position or otherwise acting improperly or fraudulently for personal benefit of any kind.
- Safeguarding
Consultant must maintain and enforce policies which are adequate to ensure compliance with anti-bribery and corruption requirements. Consultant must notify Pathfinder in writing as soon as it becomes aware of any breach of this provision and/or has reason to believe that it, its subsidiaries and/or affiliates have engaged in bribery and/or corrupt practices.
In the event of a violation of this provision, Pathfinder may terminate this Contract immediately, without penalty, through written notice.
Pathfinder International is committed to Safeguarding, which means protecting people from harm. Pathfinder International’s commitment encompasses protecting its employees, beneficiaries, and (including but, not limited to children, young people, and vulnerable adults) from bullying, harassment, exploitation, abuse, and any other harm. Consultants are expected to adhere to these commitments.
- The Consultant is prohibited against using Pathfinder resources (i.e. cash, services, or goods) or associated position of authority to exploit any individual (i.e., coerce them into unwanted physical, sexual, or emotional service); and
- The Consultant is prohibited against engaging in sexual activity with children (persons under the age of 18) regardless of the age of majority or age of consent locally. Mistaken belief regarding the age of a child is not a defense.
- The Consultant is prohibited against watching, publishing, producing or sharing pornography showing children (persons under the age of 18);
- Operations must comply with all applicable local laws and regulations and if there is a question, the Consultant will seek guidance from Pathfinder.
- The Consultant has a responsibility and obligation to report known or suspected violations (see section B.2.8 for reporting channels).
In addition, the Consultant understands the following principles regarding safeguarding which build upon the Inter-Agency Standing Committee’s (IASC’s) six core principles:
- Exploitation and abuse perpetrated by Pathfinder representatives constitute acts of gross misconduct and are therefore grounds for termination of employment.
- Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of majority or age of consent locally. Mistaken belief regarding the age of a child is not a defense.
- Exchange or money, employment, goods, or services for sex, including sexual favors or other forms of humiliating, degrading, or exploitative behavior is prohibited. This includes exchange of assistance that is due to project participants.
- Sexual or physical service (e.g. domestic labor) relationships between Pathfinder representatives and project participants are strongly discouraged since they are based on inherently unequal power dynamics. Any pre-existing relationships should be disclosed to one’s manager.
- Where a Consultant representative develops concerns or suspicions regarding abuse or exploitation by a fellow representative, whether Consultant staff or not, they must report such concerns immediately to Pathfinder via channels below.
- Consultant representatives have an obligation to contribute to and uphold a work environment that discourages exploitation and abuse in all its forms, including in and out of the office.
In addition, Consultant staff working on the project will be required to participate in initial and annual Safeguarding training and sign Pathfinder’s Standards of Behavior. Pathfinder’s project managers will work with the Consultant to determine which staff need to complete these requirements.
- Reporting
Any actual or suspected misconduct by the Consultant, a Consultant representative, or party doing business with the Consultant during the execution of this contract and in performing its obligations in connection therewith, must be reported to Pathfinder as soon as reasonably possible after becoming aware of the actual or suspected misconduct.
Reporting Channels:
A. Code of Conduct: Any reports related to the Code of Conduct may be submitted through any of the following mechanisms:
· Contacting Pathfinder’s Programmatic or Contractual Contacts
· Reporting online through EthicsPoint* (available at www.pathfinder.org/ethics)
· Reporting by phone to EthicsPoint * Please locate the applicable phone number in the table below:
Pathfinder Country
Reverse Charge / Collect Calls
Contact your local operator and request a “reverse charge” or “collect call” be placed to the United States using the number listed for your country.
International Toll-Free Service
Dial the toll-free service number for your location
Direct Dial
Dial the access number for your location. At the prompt, dial
855-224-7186
Bangladesh*
Burkina Faso
503-597-4386
Burundi
503-597-4386
Cote d’Ivoire
503-747-1871
DRC
503-597-4386
Egypt (Cairo)
2510-0200
Egypt (Cellular)
02-2510-0200
Ethiopia
503-597-4386
India
000-800-100-1071 or
000-800-001-6112
Kenya
503-597-4386
Mozambique
503-597-4386
Niger
503-597-4386
Nigeria
0-708-060-1816
Pakistan
00-800-01-001
Peru
0800-52116
South Africa
080-09-92604
Tanzania
503-597-4386
Togo*
Uganda
503-597-4386
United States
1-855-224-7186
*Currently, EthicsPoint does not have a reliable telephone service for these countries. Individuals who wish to make an anonymous report from these countries can use the online reporting form at www.pathfinder.org/ethics.
*Note that the EthicsPoint an independent company which permits anonymous reporting in any language
· As applicable for donor reporting:
B. Safeguarding: Any reports related to Safeguarding may be submitted through the channels listed above or by emailing [email protected].
Consultant must inform its employees in writing, in the predominant language of the workforce, of the reporting options outlined in this provision.
- Protections for Reporting Persons
Consultant may not discharge, demote or otherwise discriminate against any employee as a reprisal for making a disclosure that the employee reasonable believes is evidence of:
- gross mismanagement of funds;
- an abuse of authority relating to the contract;
- a substantial and specific danger to public health or safety;
- a violation of law, rule, or regulation related to the contract.
Consultant must inform its employees in writing, in the predominant language of the workforce, of employee rights and protections regarding reporting.
- Indemnification. Consultant will indemnify and hold Pathfinder, its employees, and its customers harmless from all penalties, damages and expenses, including attorneys’ fees, incurred by Pathfinder and/or its customers (whether or not the agreement is canceled) caused by or arising out of Consultant’s breach of any term of this Agreement including, without limitation, the timely performance thereof.
- Compliance with Law. Consultant’s performance of work and all products to be delivered shall be in accordance with any and all applicable regulations: executive orders, Federal, State, municipal, local and host country laws and ordinances, and rules, orders, requirements and regulations. This Agreement shall be governed by and construed in accordance with the laws of the state of Massachusetts without regard to the conflict of laws principles thereof.
- Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions may continue in full force at the discretion of Pathfinder without being impaired or invalidated in any way. The invalid provision will be replaced with a valid provision which most closely approximates the intent and economic effect of the invalid provision.
- Force Majeure. Any non-performance or delay in performance of any obligation of either party under this Agreement may be excused to the extent such failure or non-performance is caused by an event or condition beyond the reasonable control of the non-performing party, and which, by the exercise of due diligence, could not be avoided or overcome (“Force Majeure”). However, in no event will any non-performance or delay in performance of any of Consultant’s suppliers or any labor disruption affecting Consultant specifically, and not Consultant’s industry generally, constitute Force Majeure for Consultant. If Consultant is affected by Force Majeure, it will (i) promptly provide notice to Pathfinder, explaining the particulars and the expected duration of the Force Majeure and (ii) use its best efforts to remedy the interruption or delay if it is reasonably capable of being remedied, and to mitigate the adverse effects of such interruption or delay on Pathfinder, including sourcing substitute providers of services from the market, in order to meet Pathfinders’s required completion dates. Consultant has an ongoing duty to keep Pathfinder apprised of the situation until resolved.
- Termination for Convenience: Pathfinder International reserves the right to terminate this Agreement or any part hereof for its sole convenience. In the event of such termination, the Consultant shall immediately stop all work hereunder. Subject to the terms of this Agreement, the Consultant shall be paid for services rendered up to the time of termination.
- Termination for Cause: Pathfinder International may terminate the Agreement or any part thereof, for cause in the event of any default by the Consultant, or if the Consultant fails to comply with any term or condition of the Agreement, or fails to provide Pathfinder upon request with adequate assurance of future performance, or in the event of termination of funding or the prime award for convenience. In the event of termination for cause, Pathfinder shall not be liable to the Consultant for any amount for services not accepted, and Consultant shall be liable to Pathfinder for any and all rights and remedies provided under the Agreement or by law. If it is determined that Pathfinder improperly terminated the Agreement for default, such termination shall be deemed a termination for convenience.
- Claims and Disputes.
- In the event of any dispute between Consultant and Pathfinder, a claim by the Consultant must be made in writing and submitted to Pathfinder’s Director of Grants and Contracts, who shall render a decision within thirty (30) days of receipt of the Consultant’s claim.
- Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, that cannot be resolved within a reasonable time following good faith attempts by the Parties shall be finally settled in accordance with the regulations of the American Arbitration Association (AAA). Proceeding shall be conducted in the state of Massachusetts, USA, unless another venue is mutually agreed upon in writing. Judgment upon any award rendered may be entered in any court of competent jurisdiction; provided, however, that the arbitrator shall have no authority to add to, modify, change, or disregard any lawful terms of this Agreement. The Parties expressly agree that the arbitrators shall have no power to consider or award punitive or exemplary damages, or any other multiple or enhanced damages, whether statutory or common law. This agreement to arbitrate shall be binding upon the heirs, successors, assigns, and any trustee, receiver, or executor of each Party. Unless otherwise ordered by the arbitrator, each party shall bear its own costs and fees, including attorneys’ fees and expenses. The Consultant shall proceed diligently with performance of this Agreement pending final resolution of any claim.
- Consultant Warranties, Representations, and Certifications.
- The violation of any of the following warranties, representations, or certifications shall represent a material breach and be grounds for termination for cause.
- Warranties for Supplies/Services. Consultant warrants all supplies/services to be free from all material defects and expressly represents that all such required supplies/services are capable of providing/performing the function or service for which they were intended. Consultant agrees to pass on all manufacturers’ warranties to Pathfinder. Consultant agrees to deliver/provide the products/services which are the subject-matter of this Agreement to Pathfinder free and clear of all liens, claims, and encumbrances. Consultant represents and warrants to Pathfinder that: (i) it has not entered into any agreement, or executed any document, with any individual or other organization that will prevent it from: (a) disclosing and assigning intellectual property in work product exclusively to Pathfinder; or (b) performing any other obligation under this Agreement; and (ii) it will not knowingly incorporate confidential information of any person or entity not a party to this Agreement into any materials furnished to Pathfinder without prior written notice to Pathfinder.
- Representations. Consultant represents and : (i) no kickback, bribe, gratuity or transfer of anything of value was offered, agreed to, or made, nor shall be made, to or for the benefit of any employee or representative of Pathfinder in return for or in connection with the award of this Agreement; (ii) the Consultant has not engaged in bid-rigging or other collusive agreements or behavior with any actual or potential competitor for this Agreement or any other person, which behavior could have had the effect of lessening competition for the award of this Agreement or of raising the price of the Deliverables or the Services procured; (iii) no offer, payment, consideration, or benefit of any kind, which constitutes an illegal or corrupt practice, has been made or shall be made, either directly or indirectly, as an inducement or reward for the award of this Agreement; and (iv) all statements of material fact contained in any proposal, response, certification, or questionnaire submitted by Consultant or any of its representatives in connection with the solicitation, award or negotiation of this Agreement were true and complete when made.
- Certifications. Consultant certifies by acceptance of this agreement that (i) neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any U.S. Federal Government department or agency; (ii) neither it nor its principals have been convicted of a narcotics offense or have been engaged in drug trafficking as defined in 22 CFR Part 140; (iii) neither it nor its principals are designated affiliates as “specially designated nationals” by the Office of Foreign Assets Control of the U.S. Department of Treasury; (iv) neither it nor its principals have been indicted or convicted on charges of terrorism or of providing support to terrorists; (v) Consultant agrees and certifies to take all necessary actions to comply with Executive Order No. 13244 on Terrorist Financing; blocking and prohibiting transactions with persons who commit, threaten to commit, or support terrorism. Note: Consultant is required to obtain the updated lists at the time of procurement of goods or services. The updated lists are available at: www.sam.gov, http://www.tresury.gov/resource-center/sanctions/Pages/default.aspx, and http://www.un.org/Docs/sc/committees/1267/consolist.shtml; and(vi) neither it nor its principals have been indicted or convicted for violating the Trafficking in Persons Policy; (vii) Consultant may not charge under this Agreement any item which has its source in, or is purchased from a supplier which has its nationality in, any restricted countries or prohibited sources, as designated in http://www.usaid.gov/ads/policy/300/310mac; and (viii) Consultant warrants that no offer, payment, consideration, or benefit of any kind, which constitutes an illegal or corrupt practice, has been made or shall be made, either directly or indirectly, as an inducement or reward for the award of this Agreement.
- Noticies. Except as otherwise noted, all notices, statements, requests, and other communications under this Agreement shall be in writing and shall be considered as having been given if delivered by mail, courier, hand delivery, facsimile or email to the other party at the designated physical address, facsimile number or email address. Notices shall be delivered as follows:
If to Pathfinder:
Pathfinder International
Insert Assignment Manger name:
9 Galen Street, Suite 217
Watertown, Massachuettes 02472 USA
Fax:
Email:
If to Consultant:
Name
Address
Fax:
Email:
- Waiver. Failure of Pathfinder to enforce at any time or for any period of time any of the provisions of this Agreement will not constitute a waiver of such provisions or of the right of Pathfinder to enforce each and every provision.
- Expense Report. The Consultant shall be reimbursed for properly documented travel and other expenses incurred in direct support of services performed under this agreement. Travel and other expenses must comply with Pathfinder’s travel policies and procedures for reimbursement, including submission of the Travel Expense Voucher (TEV) forms provided by Pathfinder. Expense reports submitted later than 15 calendar days after the end date of this Agreement will not be paid.
- Modification. The scope of work and other terms and conditions contained in this Agreement shall not be added to, modified, superseded or otherwise changed except by written modification.
- Entire Agreement. This Agreement supersedes all prior oral or written agreements, if any, between the parties concerning the work under this Agreement and constitutes the entire agreement between the parties with respect to the work to be performed under this Agreement**.**
Part B. U.S. GOVERNMENT TERMS AND CONDITIONS
NEVER CONTRACT WITH THE ENEMY
The regulations in 2 CFR part 183 affect covered contracts, grants and cooperative agreements that are expected to exceed $50,000 within the period of performance, are performed outside the United States and its territories, and are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities.
DOMESTIC PREFERENCE FOR PROCUREMENTS
(a) As appropriate and to the extent consistent with law, Pathfinder should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).
(b) For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber
This Agreement is financed with U.S. Government (“USG”) funds. Accordingly, the following U.S. Government Terms and Conditions are incorporated by reference into this Agreement, and apply to this Agreement as described below with the same force and effect as if they were set forth in full text. This Agreement is only between Consultant and Pathfinder and shall not be construed in any way to create a direct relationship between Consultant and the U.S. Government.
FUNDING FOR THIS AGREEMENT IS UNDER A USAID ASSISTANCE INSTRUMENT
- Consultant [SELECT ONE: is/is not] eligible for medical evacuation insurance coverage [SELECT ONE: and/or] overseas workers’ compensation through the Defense Base Act.
- USAID Standard Provisions. The following USAID standard provisions for U.S. NGOs flow-down and apply to this Agreement. The full text of the USAID standard provisions listed herein may be found at http://www.usaid.gov/ads/policy/300/303maa. References to “USAID,” “Government,” “U.S. Government,” “Agreement Officer (AO),” “Agreement Officer’s Representative (AOR),” etc., mean Pathfinder International USA, Inc. References to “Recipient,” “Awardee,” “Sub-Recipient,” “Sub-Awardee,” “Consultant,” etc., mean the Consultant.
No.
Title
Effective Date
M1
Applicability of 2 CFR 200 and 2 CFR 700
December 2014
M2
Ineligible countries
May 1986
M3
Nondiscrimination
June 2012
M4
Amendment of award
June 2012
M5
Notices
June 2012
M6
Subawards and contracts
December 2014
M7
OMB approval under the paperwork reduction act
December 2014
M8
USAID eligibility rules for goods and services
June 2012
M9
Debarment, suspension, and other responsibility matters
June 2012
M10
Drug-free workplace
June 2012
M11
Equal participation by faith-based organizations
June 2016
M12
Preventing terrorist financing – Implementation of Executive Order 13224
August 2013
M13
Marking and public communications under USAID-funded assistance
December 2014
M14
Regulations governing employees
August 1992
M15
Conversion of United States dollars to local currency
November 1985
M16
Use of pouch facilities
August 1992
M17
Travel and international air transportation
December 2014
M18
Ocean shipment of goods
June 2012
M19
Voluntary population planning activities – mandatory requirements
May 2006
M20
Trafficking in persons
April 2016
M21
Submissions to the Development Experience clearinghouse and publications
June 2012
M22
Limiting construction activities
August 2013
M23
USAID Implementing Partner Notices (IPN) portal for assistance
July 2014
M24
Pilot program for enhancement of grantee employee whistleblower protections
September 2014
M25
Submission of datasets to the Development Data Library (DDL)
October 2014
M26
Prohibition on requiring certain internal confidentiality agreements or statements
May 2017
M27
Child safeguarding
June 2015
M28
Mandatory disclosures
July 2015
M29
Nondiscrimination against beneficiaries
November 2016
RAA1
Negotiated indirect cost rates – predetermined
December 2014
RAA2
Negotiated indirect cost rates – provisional (nonprofit)
December 2014
RAA3
Negotiated indirect cost rate – provisional (profit)
December 2014
RAA4
Exchange visitors and participant training
June 2012
RAA5
Voluntary population planning activities – supplemental requirements
January 2009
RAA6
Protection of the individual as a research subject
April 1998
RAA7
Care of laboratory animals
March 2004
RAA8
Title to and care of property (cooperating country title)
November 1985
RAA9
Cost sharing (matching)
February 2012
RAA10
Prohibition of assistance to drug traffickers
June 1999
RAA11
Investment promotion
November 2003
RAA12
Reporting host government taxes
December 2014
RAA13
Foreign government delegations to international conferences
June 2012
RAA14
Conscience clause implementation (assistance)
February 2012
RAA15
Condoms (assistance)
September 2014
RAA16
Prohibition on the promotion or advocacy of the legalization or practice of prostitution or sex trafficking (assistance)
September 2014
RAA17
USAID disability policy (assistance)
December 2004
RAA18
Standards for accessibility for the disabled in USAID assistance awards involving construction
September 2004
RAA19
Statement for implementers of anti-trafficking activities on lack of support for prostitution
June 2012
RAA20
Eligibility of subrecipients of anti-trafficking funds
June 2012
RAA21
Prohibition on the use of anti-trafficking funds to promote, support, or advocate for the legalization or practice of prostitution
June 2012
RAA22
Universal identifier and system of award management
July 2015
RAA23
Reporting subawards and executive compensation
December 2014
RAA24
Patent reporting procedures
December 2014
RAA25
Access to USAID facilities and USAID’ information systems
August 2013
RAA26
Contract provision for insurance under recipient procurements
December 2014
RAA27
Award term and condition
April 2016
RAA28
Protecting life in global health assistance
May 2017
Part C. Scope of Work
Title
Assignment Manager
[Position title]
Project/Proposal
Period of Performance
[If exact dates are not known, specify month/year e.g., August – Sept 2018]
Place of Assignment
Agreement Type: (Select one)
- Time-and-Materials:
Estimated LOE (days): X days
X days in country + X travel days
- Fixed-Price
$$$$$
Background
Import from requisition request.
Description of Assignment
Tasks
Deliverables
Part D. Budget
Option 1:
- Payment Schedule: Fixed Price.
- The total fixed price found in Article 5 is inclusive of all costs necessary to perform this Agreement, including, but not limited to: labor, fringe benefits/payroll taxes, travel, materials, delivery (loading, transportation, unloading), all necessary and required insurance and all other costs including taxes and documentation relevant to the origin and transport of materials and other items. The fixed price also includes indirect costs and profit, if any.
- Pathfinder is not responsible for any fees, penalties, taxes or costs of, or profit associated with extra services.
Option 2:
- Payment Schedule: Time-and-Materials.
- The total ceiling price found in Article 5 consists of: (A) burdened labor (basic remuneration plus fringe benefits/payroll taxes, indirect costs, and profit, if any); and (B) all other direct costs (except burdened labor) necessary to perform this Agreement, including, but not limited to: travel, materials, delivery (loading, transportation, unloading), all necessary and required insurance (all other costs including taxes and documentation relevant to the origin and transport of materials and other items. The ceiling price is anticipated to be sufficient to cover all labor actually expended and all other direct costs actually incurred during the term of the Agreement. Consultant assumes responsibility for monitoring his/her actual costs expended in performance of this Agreement and for ensuring that the ceiling price is not exceeded.
- Burdened Labor. Consultant shall be paid for the actual number of days of burdened labor expended in performance of this Agreement at the fixed burdened unit rates specified below. Consultant must submit a certified time record reflecting the actual number of days performed during the invoice period. The fixed daily rate(s) shall not be changed under any circumstance without prior written modification to this Agreement.
- Other Direct Costs. Per the terms of Article 24 Consultant will also be reimbursed on an actual-cost basis for the following other direct costs (ODCs). Other direct costs may include: airport transfers- to/from HOR and to/from hotel, lodging, M&IE, Anti-malarial pills, medical exam/inoculations, local transportation- if use of a Pathfinder vehicle is not confirmed, communications- purchase of a SIM card skype credit, postage- to mail any hard copies of the final reports or passport, visa, and danger/hardship pay. The unit amounts specified above are estimates, and Consultant is authorized to adjust the actual unit costs provided that the ceiling price specified in Article 5 is not exceeded. Any other types or quantities of ODCs necessary to perform this Agreement which are not listed above shall be paid by Pathfinder only if prior approval has been issued to the Consultant. Any such approval will not constitute authorization for the Consultant to exceed the ceiling price specified in Article 5 unless Agreement is modified to accommodate this change.
TOTAL MAXIMUM REIMBURSEMENT (USD)
$
- Allowances.
- Consultant will receive allowances for short-term overseas assignments as permitted by the Award and in accordance with prevailing donor regulations and Pathfinder policies. Allowances listed in the Budget (D.1.3) are estimates represented by current rates.
- Consultant shall be reimbursed for Danger Pay and Hardship Pay only as specified in the prime agreement and at prevailing government rates, which are subject to change at any time. If the USG’s rates change during the term of this Agreement, Consultant shall be reimbursed at the revised rates, but within the set ceiling price, absent written modification of the Agreement.
- Consultant shall be reimbursed for Per Diem while in official travel status more than fifty (50) miles from his/her Home of Record (HOR) as specified. Consultant shall be reimbursed for the actual cost of lodging up to the maximum USG lodging rate for the location where the work is performed, exclusive of VAT unless Pathfinder grants written approval. General guidance regarding foreign per diem rates by location may be found on the U.S. Department of State webpage: http://aoprals.state.gov/web920/per_diem.asp. Domestic per diem rates can be found at the GSA webpage: http://www.gsa.gov/portal/content/104877.
- Travel by privately-owned vehicle (POV) may be reimbursed for travel one-way to/from the airport and for other approved domestic travel. Travel by POV will be reimbursed at the mileage rate established by the U.S. General Services Administration (http://www.gsa.gov/portal/content/100715).
Part E. Invoice Format
Consultant Invoice: Agreement Type: Time & Materials Fixed-Price
Consultant Name ____________________ Telephone ____________________
Agreement No. ____________________ Email ____________________
Invoice No. ____________________ Bank Name ____________________
PO # ____________________ Account No. ____________________
Agreement Ceiling ____________________ Routing No. ____________________
Labor
Daily Rate
x LOE (days)
$
Subtotal, Labor
$
Incentive Allowances
Danger Pay
Hardship Pay
$
$
Subtotal, Allowances
$
Other Direct Costs
Transportation
Lodging
Communications
Meeting Expenses
Mileage
Miscellaneous
$
$
$
$
$
$
Subtotal, ODCs
$
Less Advance
-$
TOTAL
$
Consultant Certification
By signing below, Consultant certifies that the quantity of labor shown above represents the actual number of units performed during the billing period, that the other direct reimbursable costs shown above reflect the actual costs incurred, and that services performed conform to the requirements of the above-numbered agreement.
Signature ____________________ Title ____________________
Name ____________________ Date ____________________
Notes:
- U.S. Citizens, Residents or those holding Permanent Residence Status are required to attach an IRS Form W-9 to the first invoice submitted.
- An electronic format of this template will be provided.
- For a time and materials agreement, Consultant is required to attach to this invoice a certified time record to support labor charges billed and receipts or other documentation to support the amount of other direct reimbursable costs being claimed. For international travel, Consultant must complete an international expense report.
- Failure to provide the required invoice information above will be cause for the invoice to be returned to the Consultant for correction, which may cause delay in payment.
Part E. Invoice Format
Consultant Invoice Agreement Type: Time & Materials Fixed-Price
Consultant Name ____________________ Telephone ____________________
Agreement No. ____________________ Email ____________________
Invoice No. ____________________ Bank Name ____________________
PO # ____________________ Account No. ____________________
Agreement Ceiling ____________________ Routing No. ____________________
Deliverables/Milestones
Date Submitted
Payment
$
$
$
Consultant Certification
By signature below, Consultant certifies that it has completed and submitted the milestone(s)/deliverable(s) specified above and that such milestone(s)/deliverable(s) conform to the requirements of the above-numbered Agreement.
Signature ____________________ Title ____________________
Name ____________________ Date ____________________
Notes:
- U.S. Citizens, Residents or those holding Permanent Residence Status are required to attach an IRS Form W-9 to the first invoice submitted.
- An electronic format of this template will be provided.
- For a time and materials agreement, Consultant is required to attach to this invoice a certified time record to support labor charges billed and receipts or other documentation to support the amount of other direct reimbursable costs being claimed. For international travel, Consultant must complete an international expense report.
- Failure to provide the required invoice information above will be cause for the invoice to be returned to the Consultant for correction, which may cause delay in payment.
How to apply
Inquiries
If you have any questions/inquiries, please e-mail [email protected] no later than close of business February 20, 2024 (3:00PM) with a subject line Inquiries: 2205-BHFA-CONSLT-001 – Communication Consultancy. The solicitation number indicated above must be included in the subject line. Responses will be posted to all known offerors.
Proposal Deadline
All written responses to this RFP must be received by Pathfinder no later than 11:59 PM for electronic submission, (Pakistan time) on March 1, 2024, with a subject line:2205-BHFA-CONSLT-001 – Communication Consultancy. Hardcopy submissions will not be accepted. A maximum of two files are permissible: one for technical documentation and one for financial details. The combined size of the email attachments should not exceed 20 MB.
Please email the quote and other information directly to: [email protected].