Request for Quotations (RFQ)
Procurement of Motor Vehicles – SUVs and Mobile Vans – REPOSTED
RFQ No: RFQCU230350
Issuance Date: August 17, 2023
Closing Date for Questions: August 24, 2023
Submission of Quotations:
Deadline for Receipt of Quotations: August 22, 2023
Submission to: [email protected]
Point of Contact: Procurement Lead, John Snow Health Zambia
Procurement Description:
John Snow Health Zambia (herein referred to as “JSH”) is soliciting quotations for Motor Vehicles- SUVs and Mobile Vans for the USAID Controlling HIV Epidemic for Key and Underserved Populations (CHEKUP II) Activity. This procurement is funded by the United States Agency for International Development (USAID) and is subject to all applicable Federal Rules and Regulations and Provisions.
Please submit your most competitive quotation in accordance with the instructions and product specifications.  Any award issued as a result of this RFQ will be subject to all instructions, product specifications, certifications and terms and conditions included in this RFQ. This RFQ document includes the following parts:
PART A:  INSTRUCTIONS
PART B:  CERTIFICATIONS
PART C:  GENERAL TERMS & CONDITIONS
JSH is committed to the highest standards of ethics and integrity in procurement. JSH has zero tolerance for fraud and strictly prohibits bribes, kick-backs, gratuities, and any other gifts in-kind or in monetary form.  JSH also strictly prohibits collusion (bid rigging) between vendors and between vendors and JSH staff. JSH selects vendors on merit and will only engage vendors who demonstrate strong business ethics. Vendors must not participate in bid-rigging or attempt to offer any fee, commission, gift, gratuity or any compensation in-kind or in monetary form to JSH employees. Vendors who do so will be disqualified from doing business with JSH. Additionally, JSH has a conflict of interest policy that requires staff to disclose when there is a potential conflict of interest due to the staff-member’s relationship with a vendor, and if necessary, to refrain from participation in a procurement involving that vendor. If at any time your organization has concerns that an employee has violated JSH policy, you may submit a report via JSH’s Code of Conduct Helpline at: www.JSI.ethicspoint.com.
­­­­­­­­­­­­                                                                                                                           All quotations, inquiries, and correspondence pertaining to this solicitation as well as Submission of Quotes, must clearly reference “RFQCU230350” and are to be directed to the attention and email stated above.
PART A:  INSTRUCTIONS
QUOTATION SUBMISSION INSTRUCTIONS
Please submit a quotation addressing the terms and conditions of this RFQ by the date and email address specified on the cover page.
Any questions should be submitted via email as stated on the cover page. Responses to all questions will be sent by email to all companies who have expressed interest, received an RFQ, and provided contact email addresses by that time.
The Technical and Cost Quotations should be submitted together in clearly marked files. Hardcopy submissions will not be accepted.
PRODUCT & SERVICE SPECIFICATIONS
JSH requests a quotation for 8 Motor Vehicles that meet the below specifications.
The illustrations given below are for reference purposes. The Offeror may quote other comparable items meeting the required minimum specifications. All items must meet or exceed ZABS/ SABS or equivalent international quality standards.  JSH may adjust the quantities, if required prior to award.
A.
Item – 1
Description ; 4 x4 SUV (3 door, 13-seater) detailed specifications provided/attached.
Quantities – 6
 
B.
Item – 2
Description ; MOBILE VANS: Mobile vans with the following minimum specifications:
•4 x 4 Diesel Propelled Manual Transmission
•Ground clearance of 230mm
Workspace
Workspace to allow 2 clients at a time, Seating capacity 4- 6 (inclusive of Driver), 1 x Canopy (with cabin height of XXX), Vinyl Flooring (waterproof), Space to enable one way foot traffic, Separate entry and exit points. Optional and Privacy Windows
Equipment
2 x Table (foldable), 5 x Chairs (foldable)1 x Megaphone, Lockable storage cabinets, Power backup with plugs (Solar or Invertor) to  supply    (Airconditioning, computers, refrigerator), Refrigeration (option) , Handwashing station 1 x Adult weighing scale, 1 x BP Machine, 1 x Thermo scanner, 1 x Ambu bag (hand operated bag mask ventilatinon), 2 x Flash lights/lanterns, 1 x Portable defibrillator, 2 x Pulse Oximeter, 1 x Strecher, 1 x Dressing Kit, 1 x Suturing kit (Kidney dishes, forceps, sutures), 1 x Drip stand, 1 x Gluco Check Meter, Pedal bins -2 Black 2 x Yellow, 2 x Red, 1 x Room Thermometer, 1 x Emergency tray/kit, 2 x Sharp Boxes
Utilities
Adequate lighting (inside and outside the van) and Integrated Air-conditioning in Cabin.
Quantities – 2
TECHNICAL REQUIREMENTS
For each product quoted, include:

Completed quote template with detailed specification of the offered items (see (Part D) ).
Provide item description / brochure / specifications sheets for item(s) bid.
Past performance references, including contact details, from three previous customers for supply of similar goods as included in this RFQ.
A copy of manufacturer’s authorization as exclusive agents or distributor must be attached. Manufacturers and/or authorized dealers with agents should have demonstrate strong after sale and service network in Zambia. Please indicate if warranty / guarantee are valid in Zambia.
Appropriate documentation as an evidence of your company’s capacity for after sale service.
Specify country of manufacture and assembly.
Delivery time and method of delivery to LUSAKA, ZAMBIA needs to be stated in the quote together with shipping details (see Cost Requirement Section)
Quote availability ex-works and estimated lead time for delivery in-country. Specify the delivery transportation route.
Goods must be New.  Any used or reconditioned equipment are not acceptable.

Completed and signed certifications (Part C).

Representations and Certifications
Certification Regarding Debarment, Suspension, or Proposed Debarment
Certificate Regarding Site of Manufacture and Shipping

COST REQUIREMENTS
a)     Pricing
·       Unit price and total price quoted net of VAT, duty and taxes in Zambian Kwacha (ZMW)
·       JSH is exempted from payment of VAT, taxes and duties. Appropriate documentation will be provided to successful bidders at the time of customs clearance.
·       Price must include insurance, shipping and handling cost for delivery, if any (all-inclusive basis).
·       Quotes must include validity of prices, no less than 60-90 days;
·       The Offeror must clearly specify all terms of payment and/or fees;
·       The selected Offeror will be required to submit completed and signed certifications in this RFQ.
b)    Shipping
Shipments by Sea shall be on a Full Container Load (FCL) Basis, and via an American Flag Carrier, to the extent required by Cargo Preference Regulations. If a US-flag carrier is not available, a waiver must be pursued in coordination with JSH. Additional shipping instructions will be provided after award.
c)     Business Information Requirements
·       Valid business license/ certificate of incorporation.
·       Company Profile. This should include overview of company’s experience in the supply of these items.
AWARD BASIS
JSH will evaluate quotations on a best value basis and on overall responsiveness to RFQ requirements.  To be considered responsive:
·       Offers must be submitted on time
·       Offers must be responsive to requirements outlined above
·       All necessary certifications must be included
Quotes that don’t meet the above requirements may be disallowed from further consideration.
Technical (35 points)

Alignment with outlined specifications
Degree to which the features of proposed model coincide with the desired features.
In-country after sales service availability.
Warranty (length and coverage, and its applicability to Zambia).
Ease to the end-user of obtaining after-sales service

Delivery (25 points)

Delivery time: turn-around time from issuance of purchase contract to arrival at Lusaka, Zambia if not ex-stock.

Experience and Past Performance (10 points)

Supplier longevity and/or financial stability.
General experience providing similar goods/services.
References from clients who have procured similar products preferably international NGOs.
Quality of previous business relationship with JSH, if any. Price (30 points)

OTHER CLAUSES
TERMS OF AWARD
This document is a request for quotes only, and in no way obligates JSH or its donor to make any award. Please be advised that under a fixed price contract the work must be completed within the specified total price. Any expenses incurred in excess of the agreed upon amount in the PO/ contract will be the responsibility of the contractor and not that of JSH or its donor. Therefore, the offeror is duly advised to provide its most competitive and realistic quote to cover all foreseeable expenses related to provide requested goods/services.
All deliverables produced under the future award/contract shall be considered the property of JSH. JSH may choose to award a contract for part of the activities in the RFQ. JSH may choose to award a contract to more than one offeror for specific parts of the activities in the RFQ.
QUOTE VALIDITY 
The offeror’s quote must remain valid for not less than 60-90 calendar days after the deadline specified above.  Quote’s must be signed by an official authorized to bind the offeror to its provisions.
PAYMENT TERMS
JSH payment cycle is net 30 days upon receipt of deliverables, goods/services, inspection and acceptance of goods/services as in compliance with the terms of the award and receipt of vendor invoice.  Full cooperation with JSH in meeting the terms and conditions of payment will be given the highest consideration.
FINANCIAL RESPONSIBILITY
Offerors which are firms and not individuals must include in the capabilities statement that they have the financial viability and resources to complete the proposed activities within the period of performance and under the terms of payment outlined below. JSH reserves the right to request and review the latest financial statements and audit reports of the offeror as part of the basis of the award.
LANGUAGE
The quote, as well as correspondence and related documents should be in English.
SOURCE/NATIONALITY
All goods and services offered in response to this RFQ must meet the source and nationality requirements set forth in  United States Code of Federal Regulations, 22 CFR 228. The authorized geographic code for this RFQ is 935. Code 935 is defined as the United States, the cooperating country, and developing countries other than advanced developing countries, and excluding prohibited sources. This means goods not located in Zambia can only be shipped from the U.S. or a developing country (excluding advanced developing countries). The list of eligible developing countries is at: https://www.usaid.gov/sites/default/files/documents/1876/310maa.pdf. The list of advanced developing countries is at: https://www.usaid.gov/sites/default/files/documents/1876/310mab.pdf.
NEGOTIATIONS 
The offeror’s most competitive quote is requested. It is anticipated that any award issued will be made solely on the basis of an offeror’s quote. However, the project reserves the right to request responses to additional technical, management and cost questions which would help in negotiating and awarding a contract. The project also reserves the right to conduct negotiations on technical, management, or cost issues prior to the award of a PO/ contract.  In the event that an agreement cannot be reached with an offeror the Project will enter into negotiations with alternate offerors to award a PO/contract without any obligation to previously considered offerors.
REJECTION OF QUOTES
JSH reserves the right to reject any and all quotes received, or to negotiate separately with any and all competing offerors, without explanation.
INCURRING COSTS
JSH is not liable for any cost incurred by offerors during preparation, submission, or negotiation of an award for this RFQ.  The costs are solely the responsibility of the 0fferor.
MODIFICATIONS
JSH reserves the right, in its sole discretion, to modify the request, to alter the selection process, to modify or amend the specifications and scope of work specified in this RFQ.
CANCELLATION 
JSH may cancel this RFQ without any cost or obligation at any time until issuance of the award.
PART B:  CERTIFICATIONS
A. Representations & Certifications
Part I – Certifications and Assurances
1.     Certification Regarding Lobbying
The undersigned certifies, to the best of his or her knowledge and belief, that:
1.     No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Cooperative Agreement, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement.
2.     If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned must complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions.
3.     The undersigned must require that the language of this certification be included in the award documents for all subawards at all tiers (including contracts, subawards, and contracts under grants, loans, and cooperative agreements) and that all subrecipients must certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, United States Code. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
2.     Certification Regarding Terrorist Financing, Implementing Executive Order 13224
By signing and submitting this application, the prospective Vendor provides the certification set out below:
1.     The Vendor, to the best of its current knowledge, did not provide, within the previous ten years, and will take all reasonable steps to ensure that it does not and will not knowingly provide, material support or resources to any individual or entity that commits, attempts to commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to commit, facilitated, or participated in terrorist acts, as that term is defined in paragraph 3.  The Certification in the preceding sentence will not be deemed applicable to material support or resources provided by the Vendor pursuant to an authorization contained in one or more applicable licenses issued by the U.S. Treasury’s Office of Foreign Assets Control (OFAC).
2.     The following steps may enable the Vendor to comply with its obligations under paragraph 1:
a) Before providing any material support or resources to an individual or entity, the Vendor will verify that the individual or entity does not (i) appear on the master list of Specially Designated Nationals and Blocked Persons, which is maintained by OFAC, or (ii) is not included in any supplementary information concerning prohibited individuals or entities that may be provided by USAID to the Vendor.
b) Before providing any material support or resources to an individual or entity, the Vendor also will verify that the individual or entity has not been designated by the United Nations Security (UNSC) sanctions committee established under UNSC Resolution 1267 (1999) (the “1267 Committee”) [individuals and entities linked to the Taliban, Usama bin Laden, or the Al-Qaida Organization].  To determine whether there has been a published designation of an individual or entity by the 1267 Committee, the Vendor should refer to the consolidated list available online at the Committee’s Web site: http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm.
c) Before providing any material support or resources to an individual or entity, the Vendor will consider all information about that individual or entity of which it is aware and all public information that is reasonably available to it or of which it should be aware.
d) The Vendor also will implement reasonable monitoring and oversight procedures to safeguard against assistance being diverted to support terrorist activity.
3.     For purposes of this Certification –
a. “Material support and resources” means currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.”
(i)    “Training” means instruction or teaching designed to impart a specific skill, as opposed to general knowledge.
(ii)   “Expert advice or assistance” means advice or assistance derived from scientific, technical, or other specialized knowledge.
b. “Terrorist act” means –
(i)    an act prohibited pursuant to one of the 12 United Nations Conventions and Protocols related to terrorism (see UN terrorism conventions Internet site:  http://untreaty.un.org/English/Terrorism.asp); or
(ii)   an act of premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents; or
(iii) other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act.
c. “Entity” means a partnership, association, corporation, or other organization, group or subgroup.
d.   References in this Certification to the provision of material support and resources must not be deemed to include the furnishing of USAID funds or USAID-financed commodities to the ultimate beneficiaries of USAID assistance, such as recipients of food, medical care, micro-enterprise loans, shelter, etc., unless the Vendor has reason to believe that one or more of these beneficiaries commits, attempts to commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to commit, facilitated or participated in terrorist acts.
e. The Vendor’s obligations under paragraph 1 are not applicable to the procurement of goods and/or services by the Vendor that are acquired in the ordinary course of business through contract or purchase, e.g., utilities, rents, office supplies, gasoline, etc., unless the Vendor has reason to believe that a vendor or supplier of such goods and services commits, attempts to commit, advocates, facilitates, or participates in terrorist acts, or has committed, attempted to commit, facilitated or participated in terrorist acts.
This Certification is an express term and condition of any agreement issued as a result of this application, and any violation of it will be grounds for unilateral termination of the agreement by USAID prior to the end of its term.
3.     Representation by Organization Regarding a Delinquent Tax Liability or a Felony Criminal Conviction
(a)   As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, none of the funds made available by that Act may be used to enter into an assistance award with any organization that –
(1)   “Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency has direct knowledge of the conviction, unless the agency has considered, in accordance with its procedures, that this further action is not necessary to protect the interests of the Government”; or
(2)   “Has any unpaid Federal tax liability that has been assessed for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency has direct knowledge of the unpaid tax liability, unless the Federal agency has considered, in accordance with its procedures, that this further action is not necessary to protect the interests of the Government”.
It is USAID’s policy that no award may be made to any organization covered by (1) or (2) above, unless the M/OAA Compliance Division has made a determination that suspension or debarment is not necessary to protect the interests of the Government.
(b)   Applicant Representation:
(1)   The Applicant represents that it is [        ] is not [            ] an organization that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(2)   The Applicant represents that it is [        ] is not [            ] an organization that has any unpaid Federal tax liability that has been assessed for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
4.     Prohibition on Providing Federal Assistance to Entities that Require Certain Internal Confidentiality Agreements – Representation (May 2017)
(a)   Definitions.
“Contract” has the meaning given in 2 CFR Part 200.
“Contractor” means an entity that receives a contract as defined in 2 CFR Part 200.
“Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the Vendor requires any of its employees or subrecipients to sign regarding nondisclosure of vendor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that vendor employees or subrecipients sign at the behest of a Federal agency.
“Subaward” has the meaning given in 2 CFR Part 200.
“Subrecipient” has the meaning given in 2 CFR Part 200.
(b)   In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for federal assistance to a non-Federal entity that requires its employees, subrecipients, or contractors seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements that prohibit or otherwise restrict its employees, subrecipients, or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(c)   The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)   Representation. By submission of its application, the prospective Vendor represents that it will not require its employees, subrecipients, or contractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting its employees, subrecipients, or contractors from lawfully reporting waste, fraud, or abuse related to the performance of a Federal award to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (for example, the Agency Office of the Inspector General).
5.     Certification of Vendor
By signature hereon, or on an offer incorporating these Representations, Certifications, and Other Statements of Offerors, the offeror certifies that they are accurate, current, and complete.  These assurances are binding on the Vendor, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign these assurances on behalf of the Vendor
Offeror Name    ___________________ 
Signature             ___________________
Signatory Name  ___________________
Signatory Title    ____________________
Date                       ____________________
6.     Certification Regarding Source and Shipping
By signing and submitting this certification, the offeror certified that:
The source country/countries of all goods described and quoted in response to RFQ No. ___________ are: _________________________________________________________________
Source means the country from which a good is shipped to the cooperating/recipient country or the cooperating/recipient country itself if the good is located therein at the time of the purchase, irrespective of the place of manufacture or production, unless it is a prohibited source country. Where, however, a good is shipped from a free port or bonded warehouse in the form in which received therein, “source” means the country from which the good was shipped to the free port or bonded warehouse.
All goods are new and have not been sourced from: Cuba, Iran, Iraq, Laos, Libya, North Korea, or Syria.
In the event of ocean shipment of goods, all goods described and quoted in response to this RFQ will be shipped from _____________________ to Lusaka, Zambia in accordance with USG Flag Carrier requirements.
Vendor Name:                          _______________________________________
Signatures:                                _______________________________________
Signatory Name:                       _______________________________________
Signatory Title:                         _______________________________________
Date:                                        _______________________________________
PART C: GENERAL TERMS & CONDITIONS
1.      GOODS AND RELATED SERVICES: The contractor shall deliver the goods and services described on the Purchase Order (PO)/ contract, of the type, in the quantity, at the delivery date and at the price as indicated on the PO/contract.  The quantity of the goods and services shall conform in all respects to the requirements of the PO/contract. All goods (including but not limited to materials, parts, components and sub-assemblies thereof) shall be new, unused, non-remanufactured and non-refurbished.
2.      INSPECTION/ACCEPTANCE: The Vendor shall tender for acceptance only those items that conform to the requirements of this purchase order/contract. JSH reserves the right to inspect or test any supplies or services that have been tendered for acceptance. JSH may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in purchase order price. JSH must exercise its post acceptance rights: (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. JSH has unilateral authority to determine if the performance results have been met.
3.      INVOICE REQUIREMENTS: Invoices shall be submitted prior to payment.  Each invoice shall identify the Vendor’s name, address, invoice number, dates of performance and specify the payment amount.  It shall also include a reference to the purchase order number, and specify the goods that have been delivered or the services that have been rendered or the deliverables that have been submitted as a requirement for payment. Upon acceptance of the goods or deliverables by JSH, payment shall be made to the Vendor as per the payment terms and in the currency stated on the purchase order.
4.      TERMINATION FOR CONVENIENCE: JSH reserves the right to terminate this purchase order/contract, or any part, for its convenience.  In the event of such termination, the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.  Subject to the terms of the purchase order, the Vendor shall be paid a percentage of the purchase order price reflecting the percentage of the work performed prior to the termination.
5.      TERMINATION FOR CAUSE:  JSH reserves the right to terminate this purchase order/contract, or any part, for cause in the event of any defaults by the Vendor, or if the Vendor fails to comply with the terms and conditions of the purchase order/contract, or fails to provide JSH with adequate assurances of future performance.  In the event of termination for cause, JSH shall not be liable for any amount of supplies or services not accepted, and the Vendor shall be liable to JSH for any and all rights and remedies provided by law.
 
6.      WARRANT: Vendor warrants that the goods and/or services delivered and rendered hereunder conform to the purchase order/contract requirements, are free of latent defects, and are merchantable and fit for use for the particular purpose described in the purchase order (or, if no such purpose is specifically described, for the purposes for which the goods or services, as applicable, are ordinarily used).
7.      CHANGES:  Changes in the terms and conditions of this purchase order may be made only by written amendment issued by JSH.
8.      RISK OF LOSS: Unless the purchase order/contract specifically provides otherwise, risk of loss or damage to the supplies provided under this purchase order shall remain with the Vendor until, and shall pass to JSH upon delivery of the supplies to JSH at the destination specified in the purchase order. This clause is applicable to goods only.
9.      CONFLICT OF INTEREST: Vendor agrees that there is no conflict of interest in accepting this purchase order/contract, which might affect the ability to conduct fair and useful technical assistance on behalf of JSH.
10.   CONFIDENTIALITY: The Vendor agrees to treat all information provided by JSH or gathered during the course of providing services as confidential and privileged and to not publish or disseminate such information or otherwise share such information with any third party without the written consent of JSH.
11.   RIGHTS IN WORK PRODUCT: Vendor agrees that JSH retains the entire right, title and interest in all deliverables, data, and other intellectual property produced by the Vendor under this agreement (collectively “Work Product”). Vendor agrees that the Work Product is specially commissioned and works made-for-hire, and that JSH is deemed the author for copyright purposes. To the extent that any Work Product is not deemed work made-for-hire, Vendor hereby assigns to JSH all its right, title and interest in such Work Product.
12.   PRICES: The Prices (Unit Prices and extended prices) specified in the purchase order/contract are firm, fixed, all-inclusive total prices including all taxes or duties as may be applicable, and covering performance of all of Vendor’s obligations under the purchase order, including, but not limited to, delivery of the goods and/or services in accordance with the purchase order delivery term and performance of all associated and related services.
13.   LIQUIDATED DAMAGES: Both parties acknowledge that the time fixed for delivery in this Purchase Order/contract is of the essence as well as the difficulty of ascertaining at the time of contracting the precise nature and amount of actual damages JSH will suffer in the event of Vendor’s delayed performance. In the event of delay in performance, JSH reserves the right, in addition to any other remedies under this PO, to retain as liquidated damages from any payment due the Vendor an amount equal to one percent (1%) of the cost of the PO for every complete week of delay or a part thereof, reckoning from the time fixed by the PO.  The total amount of the liquidated damages shall, however, be limited to ten percent (10%) of the value of the delayed contract.  The parties agree that these amounts represent a reasonable estimate of the actual damages anticipated at the time of contracting, and confirm they have been negotiated and agreed upon.
14.   DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION: The Vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for disbarment, excluded or otherwise disqualified from participation in this transaction by any U.S. Federal Government department or agency,
15.   IMPLENTATION of E.O. 13224 – Executive Order on Terrorist Financing: The Vendor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. This includes individuals or entities that appear on the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Treasury (online at: http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) or the United Nations Security designation list (online at: http://www.un.org/sc/committees/1267/aq_sanctions_list.shtml). It is the legal responsibility of the Vendor to ensure compliance with these Executive Orders and laws.
16.   MANDATORY DISCLOSURES/ANTI-TRAFFICKING:
a. Vendor must disclose to JSH any credible evidence received that alleges fraud, conflict of interest, bribery, or gratuity violations potentially affecting this purchase order or the Prime Contract/Agreement. Vendor shall not discharge, demote, or otherwise discriminate against any employee as a reprisal for the employee’s disclosing such information to JSH or an authorized official of a Federal agency. Disclosures of credible evidence must be submitted to the JSH Code of Conduct Helpline via telephone number 1-855-715-2899 or online at www.JSI.ethicspoint.com.
b. JSH is committed to high standards of ethics and integrity including the prohibition of actions that would support trafficking in persons and procedures to prevent such acts and report any violations. As such, JSH’s Anti-Trafficking Policy is incorporated into this purchase order. This policy prohibits JSH and its partners, consultants, vendors, and other agents from engaging in trafficking in persons, procurement of commercial sex acts, use of forced labor, and other acts that directly support or advance trafficking in persons. This policy also requires that Vendor immediately report to JSH any information obtained that alleges that any employee, subcontractor, or subcontractor employee has engaged in trafficking in persons, procured commercial sex acts, or used forced labor in the performance of this purchase order. Violations of the JSH Anti-Trafficking Policy must be reported to the JSH Code of Conduct Helpline via telephone number 1-855-715-2899 or online at www.JSI.ethicspoint.com.
c. By signing this Agreement, the Vendor confirms that the Vendor has read, understands and agrees to comply with the JSH Anti-Trafficking Policy attached.
17.   COMPLIANCE WITH LAWS: Vendor explicitly warrants that it is in compliance with all applicable Federal, state and local laws, as amended, including, as applicable, 41 CFR 60-1.4, 41 CFR 60-250.4, and 41 CFR 60-741.4, with respect to nondiscrimination in employment on the basis of race, religion, color, national origin, or sex, equal opportunity, affirmative action, employment of disabled veterans, and veterans of the Vietnam era, and employment of the handicapped. If this is a Purchase Order for services, Vendor also shall not discriminate against any of the intended beneficiaries of the program for which services are provided, such as, but not limited to, by withholding, adversely impacting, or denying equitable access to the benefits provided through the program on the basis of any factor not expressly stated in this agreement.
18.   ANTI-LOBBYING: The Vendor, by signing this purchase order/contractor, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this purchase order.
19.  REMEDIES: Violation of any of the terms and conditions of this agreement constitutes grounds for termination of the assignment and may result in the Vendor being barred from future assignments with JSH. The exercise of these rights does not limit JSH’s right to also seek any and all other legal remedies.
20.   INDEMNIFICATION: The Vendor shall indemnify and hold JSH harmless from any claim, suit, loss, damage, cost or expenses (including reasonable attorneys’ fees) arising out of or in connection with the Vendor’s negligence, willful misconduct, breach of this agreement, or other legal wrong-doing in any way connected with activities under this Agreement.
21.   DISPUTES: In the event of any claims or disputes arising from or relating to this Purchase Order, the parties shall use their best efforts to settle the claims or disputes. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they fail to reach such a solution within sixty (60) days, either Party may refer the matter to arbitration, which shall be the exclusive method of resolving such disputes. The arbitration shall be conducted Lusaka, Zambia. The arbitration shall be administered by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its International Arbitration Rules before a single arbitrator appointed in accordance with such rules. The results of arbitration shall be final and binding on the Parties and shall be in lieu of any other remedy. Judgment may be entered upon the award in any court of competent jurisdiction.
22.  FORCE MAJEURE: Neither party shall be liable in damages for any default in performing hereunder if such default is caused by a force majeure event, including, but not limited to Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
23.   GENERAL:
a. This Purchase Order is the sole and entire agreement between the parties relating to the subject matter hereof, and supersedes all prior understandings, agreements, and documentation relating to the subject matter hereof. This Purchase Order may be amended only by an instrument executed by the authorized representatives of both parties.
b. Every provision of this Purchase Order is intended to be severable. If any term or provision of this agreement is illegal or invalid for any reason, the illegality or invalidity shall not affect the legality or validity of the remainder of this agreement, and all other provisions of this agreement shall remain in full force and effect.
c. This Purchase Order shall be interpreted in accordance with the substantive law of the Republic of Zambia.
Specification sheet for 13-Seater SUV:
Items offered should be based on manufacturer current production models, close as possible to the following specifications:
Vehicle Specifications                                    Your Offering
SUV (3 Door -13 Seater)
Quantity Needed: 6
Offered Vehicle Price per Vehicle:
Offered Vehicle Make:
Offered Vehicle Model:
Offered Vehicle Trim:
Offered Vehicle’s additional packages (if any)
Country of manufacturing and assembly
Country Shipping From
Provide detail on weight / dimensions of vehicle
Payload – minimum 900 kg, Ground clearance 230 mm
Engine Size and Displacement: minimum 6 cylinders, or 4 cylinders with turbo Displacement: minimum 2900
Electrics (volts) 12
Brakes front/rear: Disc/Drum or Disc/Disc
Fuel Type: Diesel
Fuel Tank Capacity : minimum 80 Liters plus extra fuel tank
Transmission : Manual (preferred)
Steering : Right Hand Drive with Power Assisted Steering (PAS) or Power Steering
Wheels / Tires: Wheels with inner tube, 255-265/70R16 or equivalent, one (1) spare wheel preferably underneath storage.
Suspension: Independent (preferred)
No of Doors: 3 Doors
Safety : Anti-lock braking system (ABS),  Airbags (driver and passenger).Alarm System, Anti-theft engine immobilizer
Number of Passengers/Seating : (minimum thirteen (13) seater (including driver))
Front & Rear Seat Belts
Propose possible seating configurations
Seat Cover : Fabric/Cloth/Leather
Floor Cover: Vinyl with set of rubber mats
Color: White but confirm options for colors
Air Conditioning
Windows: Manual but Automatic preferred
Heavy Duty Roof Rack
Heavy Duty Front Bumper Bull Bar
AM/FM Radio with CD Player or USB port
Front and rear tow hooks
Accessories: Lockable glove box, First-Aid Kit, Emergency Road Kit with Warning Triangle and jump cables, Tire Jack, 1 kg Fire Extinguisher
WARRANTY / AFTER SALES SERVICES
Warranty: describe warranty conditions
After sales service: describe after sales services, including services available in Zambia through authorized dealers
Transportation: Indicate route and mode of transportation to lusaka. Transportation by container + container on truck carrier is required as per USG regulations.
Delivery Time: Include any ex-stock vehicles (immediate availability) and time frame from date purchase order is signed.