Past Experience Along With Contracts

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PURCHASE ORDER
Afghanistan Value Chains Program

Kabul
Afghanistan
1. Purchase order# 2. Order date 3. Completion/delivery date
PUR-KBL-X-23-0082 Nov 30, 2023 Dec 31, 2023
4. Estimated period of performance / term of purchase order
NA
5. Vendor 6. Place of delivery / acceptance
Sikaram Spighar Construction and Logistic Services Co beside Noorband Qala hotel, behind Azizi Bank,
House No. 450, Street 10, Bamayan center
Taimani, PD 10 Bamyan, Bamyan Province
Kabul Afghanistan
Afghanistan
Tel: +93 (0) 786 343429
Email: spingharsikaram@gmail.com
7. Order table
# Qty Description/Activity Title Unit Unit Price Totals
1 12 Solar panel Each AFN 5,600.00 AFN 67,200.00

2 4 Battery Each 19,000.00 76,000.00
3 1 Solar Power Inverter Each 16,000.00 16,000.00
4 3 Automatic bag sewing machine Each 20,000.00 60,000.00
5 30 Cable Meters, Linear 230.00 6,900.00
6 1 Controll box Each 6,000.00 6,000.00
7 2 Plug Each 1,000.00 2,000.00
8 2 Switch Each 1,000.00 2,000.00
8. Total price 9. Ship via
AFN 236,100.00 N/A
10. Prime Award 11. Task / charge code #
Contract 1003456 / 101
DAI Prime Contract/TO/Cooperative Agreement #
72030618C00011
12. DAI Project Director/Chief of Party 13. DAI technical direction
Matthew Smither Michelle Morgan
14. DAI Procurement Officer 15. DAI Contracts Manager
Mohammad Anwar Sahibzada Robert Ridel
16. The Vendor agrees to deliver/perform all supplies/services set forth above and on any continuation sheet(s)
attached for the price specified in accordance with the terms and conditions set forth herein.
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17. The Vendor confirms that it is not providing any goods and/or services that utilize telecommunications and video
surveillance products from the following companies: Huawei Technologies Company, ZTE Corporation, Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company, or
any subsidiary or affiliate thereof, in compliance with FAR 52.204-25. See Article 19 of the attached Terms and
Conditions.
The Contractor: DAI Global, LLC The Vendor: Sikaram Spighar Construction and Logistic
Signature of authorized individual Services Co
Signature of authorized individual
Printed name:
Printed name: Sayed Nazeer Quraishi
Title: Dawood Digitally signed by
Dawood Aminzay
Title: Opraition manager
Date: Aminzay Date: 2023.11.30
13:57:37 +04'30'
Date: 30-Nov-2023
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Scope of Work/Specifications
Afghanistan Value Chains Program
Provision, Delivery, and Installation of Solar Equipment and Sewing Machine

SPECIFICATIONS
1- Solar Panel
Cell Type: Any

Maximum Power Output: 270 Watt
Positive Power Tolerance: +2 to +5 W
Maximum Efficiency: 15-18%
Maximum Power Voltage- Vmpp (V): 30-41 V
Maximum Power Current - Impp (A): 8-11 A
Open Circuit Voltage- Voc (V): 37-48 V
Short Circuit Current (A): 8-11 A
Standard weight, dimension, number of cells, voltage, and current as per the size/kw(Efficiency calibrated and
produced)
Maximum System Voltage: 1,000 V DC (IEC)
High resistance to snow, rain, high temperature, and low temperature (-40 to 85C˚)
Use for both: Off-grad and On-grid system.
2. Battery
Type: Gel Type

Usable Capacity: 200 Ah
Normal Voltage: 12V
Max charge current: 25 A
Max discharge current: 620 A
Cover material: ABS
Charge voltage (25C): Average charge 13.5V-14.7V
Cycles: 100% DoD 572, 50% DoD 1422, 30% DoD 2218
Standard and fast charging, resistant to high / low temperature
Weight, dimension, current, density, terminal type, and number of cells: according to the size/Ah (Efficiently
calibrated and produced)
3. Solar Power Inverter
Type: Hybrid
Max DC Power: 3 KW
Max DC Voltage: 450 - 1000 V
Rated DC Voltage: 350 -640 V
Min. DC Voltage to start Feed In: 75 - 180 V
Max DC Current: 13 - 16 A
MPP (T) Voltage range: 75 – 360 V & 180 – 950 V
No of MPP Trackers: 2
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Max AC Power: 2 -6.6 KW

Output AC Voltage Range: 185-276 V to 380 – 415 V
MX AC Current: 9.7 – 12 A
Rated AC Current: 8.7 A
Frequency: 50, 60 Hz
Power Factor: 0.8
Distortion (THD): <3%
Max Efficiency: 97 - 98%
Weight, dimension, current, and voltage: according to the size/kw (Efficiently calibrated and produced)
Nosie Level: Very Low
Operating Temperature: -25c˚to +60c˚
Transformer: Less
Cooling: with fan
Interface: RS 485, Ethernet, USB
Display: LCD
4. Automatic bag sewing machine
Motor Type: Computer

Number of Needles: 2
Warranty: 1 year
Weight: 30 – 36 Kg
Dimension: 58x25x52 cm
Along with a stand/sewing table and other required accessories.
5. Cable for solar panels, batteries and inverter.
2 core x 6mm cable with good quality.
6. Control box good quality.
Quality: Good Quality

Size: 20cm X 25cm
7. Plug standard and good quality.
Type: Electric Plug

Quality: Good Quality
Rated Power: 10A250
Electrical plug
Socket: General purpose
Plug: High standard
Product color: New style
8. Switch standard and good quality.
Single Pole, basic ON/OFF Switch that is used to connect or break the connection between two
terminals.
Delivery Terms: DDP (Delivered Duty Paid)
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Delivery Location: Beside Noorband Qala hotel, behind Azizi Bank Bamyan center, Bamyan province,
Afghanistan.
Period of Performance: Period of performance of this PO is November 30, to December 31, 2023
Payment Terms:
Once all the goods listed in the PO are delivered and installed, AVCP representatives will inspect the goods with the
specification stipulated in the PO. After successful inspection, the vendor will submit invoice for payment. AVCP will
make the payment as follows:
Payment will be paid through wire transfer only.
The payment will be made to the company bank account.
No cash or transfer to the individual accounts will be made
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Notwithstanding any other provision of this Purchase Order, failure by the Vendor to submit required reports or deliverables when due, or failure to perform any
of the required Services in accordance with the Purchase Order, may result in the withholding of payments otherwise due under the Purchase Order.
DAI
PURCHASE ORDER TERMS AND CONDITIONS
(For Goods or Non-Construction Services)
This purchase order ("order") is an offer made by development alternatives, Inc. or its subsidiaries and affiliates (collectively, "DAI") to purchase goods or
services on these terms and conditions, as may be modified by varying terms printed on the face of this order (collectively, "terms"). By acceptance of this order
and/or performance hereunder, vendor agrees to comply fully with these terms and any attachments to this order. Any attachments referred to in this order are
hereby incorporated herein by reference and considered an integral part of this purchase order. Acceptance of this order is expressly limited to these terms, and
vendor's terms and conditions in acknowledging or accepting this order shall not apply. Acceptance by DAI of the goods and/or services under this order is not
acceptance of vendor's terms and conditions. No employee, representative, or agent of DAI has any authority to bind DAI concerning this order unless
specifically stated herein or in a written amendment signed by an authorized representative of DAI's procurement department. When specified by DAI, vendor
shall comply with the geographic code requirements as set forth by the client and specified herein. Vendor will ensure that it does not engage in any procurement
activity or any financial transactions covered under this purchase order from the following countries: Cuba, Iran, Syria, Sudan and North Korea.
1. Definitions
"Agreement" means the Purchase Order, these terms, and any other mutually executed agreement between vendor and DAI under which this Purchase Order is
issued.
"Client" means the US Government or another client of DAI.
"DAI" means Development Alternatives, Inc., with its principal place of business at 7600 Wisconsin Avenue, Ste 200, Bethesda, MD 20814 or its subsidiaries and
affiliates.
"Goods" means goods specified by DAI in the Agreement.
"Order" means the purchase order issued by an authorized DAI representative.
"Services" means services specified by DAI in the Agreement.
"Taxes" means any and all applicable taxes, charges, fees, levies or other assessments applicable to the performance of services or the supply of goods hereunder.
"Terms" means the terms and conditions specified in the Agreement.
"Vendor" means a party receiving a purchase order from DAI which references the Terms.
2. Acceptance - Final inspection and acceptance of goods and services shall be at the DAI receiving point indicated in this Order. Nonconforming goods shall be
returned to Vendor, freight collect, and Vendor shall be debited for the transportation costs to DAI plus handling expenses. Such rejected goods shall be deemed to
be property of Vendor.
3. Price And Delivery
Vendor shall furnish the goods or services in accordance with the price and delivery terms stated herein. TIME AND RATE OF DELIVERY ARE OF THE
ESSENCE. Payments are due forty five (45) days after DAI’s receipt and approval of a complete and correct invoice in Oracle. Vendor certifies that each invoice
issued by it shall be based solely on Services actually performed by Vendor and Goods actually supplied by Vendor pursuant to this Purchase Order, and that no
part or portion of any invoice represents or is attributable to any payment, gift, gratuity or other thing of value given to any person, organization, entity or
governmental body (except for those payments required by law). Unless otherwise stated, the price terms contained herein include all costs or charges of any
kind that will by paid by DAI, and DAI shall not be liable for any other costs or charges, all of which shall be borne by Vendor, including, without limitation,
unspecified charges for inspection, packaging and shipping; all federal, state and municipal sales, use and other taxes and duties. Whenever any actual or potential
event occurs, including labor disputes, that delays or threatens to delay the timely performance of this Order, Vendor shall give immediate notice thereof to DAI.
4. Packaging And Shipping
Vendor shall be responsible for packaging, marking and shipping the goods in accordance with the terms hereof, good commercial practices and all applicable
laws. Each package shall be marked with handling instructions, shipping information, Order number and part or item number. An itemized packing list shall
accompany each shipment. DAI reserves the right to reject any shipment not meeting these requirements.
5. F.O.B., Risk Of Loss
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F.O.B. point shall be DAI's location unless otherwise stated in writing by DAI. Goods purchased f.o.b. Vendor's plant or shipping point shall not be considered
delivered until they have been accepted at the DAI receiving point indicated herein; however, DAI assumes responsibility at the f.o.b. point for carrier routing,
transportation charges, and risk of loss or damage to goods in transit, if properly prepared and packed. Vendor shall bear all risk of loss with respect to any goods
rejected by DAI.
6. Warranty
Vendor warrants all goods and services delivered or provided hereunder to be non-infringing, free from defect in title, material and workmanship, and fit for the
purpose intended for a period of twelve (12) months from delivery to DAI, or any other period specified, and to meet or exceed the specifications, drawings, or
sample specified or furnished and any supplementary documentation referenced herein. Vendor further warrants that all goods and services delivered or provided
hereunder comply with requirements of all applicable laws and regulations. This warranty shall survive any inspection, delivery, or acceptance of the goods and
services or payment therefore by DAI.
7. Remedies/Waiver
If Vendor fails to timely perform its obligations under this Order, DAI reserves the right to terminate this Order for default and purchase the goods or services
elsewhere. If any goods or services covered by this Order are defective or non-conforming or fail to meet applicable warranties ("Defective Material"), DAI may,
by written notice to the Vendor: (a) terminate this Order for default; (b) accept the Defective Material at an equitable reduction in price; or (c) reject the Defective
Material and (i) require the delivery of suitable replacements or re-performance of services or (ii) repair such material, perform such services or purchase the
Defective Material elsewhere. DAI may hold Vendor accountable for any additional cost or damages incurred by DAI. All Defective Materials replaced or re-
performed by Vendor are subject to these Terms to same extent as items initially furnished or originally ordered. This warranty provision shall survive any
inspection, delivery, acceptance, payment, expiration or earlier termination of this Order and such warranties shall run to DAI, its successors, assigns, employees,
students, and users of the goods or services. Rights and remedies of DAI hereunder are cumulative and in addition to those which DAI has under law and equity.
Any waiver by DAI of any particular breach or default hereunder by Vendor shall not constitute a continuing waiver or a waiver of any other breach or default.
Approval by DAI of Vendor's proposed design, test plans, and/or procedures and manufacturing process, methods, tooling, or facilities shall not relieve Vendor
from meeting all requirements of this Order.
8. Changes
At any time by written notice to Vendor, DAI may change the Order, including the specifications, design, delivery, testing methods, packing, destination or any
instructions. If any such required changes cause an increase or decrease in the cost of or the time required for performance, an equitable adjustment shall be made
in the contract price or delivery schedule, or both. Vendor will give written notice to DAI of any proposed equitable adjustment within ten (10) days of receiving
notice from DAI of such changes. Vendor and DAI will negotiate in good faith any proposed adjustments and upon agreement, DAI will incorporate issue an
amended Order incorporating the changes. Any change to be valid and binding upon DAI must be in writing and signed by an authorized representative of DAI's
Procurement Department.
9. Claims
For purchase orders associated with a prime contract between DAI and the US Government, Vendor
shall not acquire any direct claim or direct course of action against the US Government.
10. Termination
DAI shall have the right to terminate this Order in whole or in part by providing 14 days prior written notice to Vendor. DAI shall be liable for (a) the price of any
items on this Order previously accepted by DAI, and (b) reasonable costs incurred by Vendor for labor and materials for work in process and finished conforming
material plus a reasonable profit not to exceed 10% on such items. Such cost plus profit will not exceed the cost of the goods ordered. DAI may elect to take
possession of work in process and finished conforming material.
11. Bankruptcy
If any bankruptcy, reorganization or insolvency proceedings, voluntary or involuntary, are instituted by or against Vendor, or in the event of the appointment of an
assignee for the benefit of creditors or of a receiver, then DAI may cancel this Order and hold Vendor accountable for any costs or damages incurred by DAI.
12. Assignment
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DAI and Vendor each binds itself and its successors and assigns to all warranties, covenants, agreements, and obligations contained in this Order. Vendor may not
assign or delegate all or any part any of its rights (except to a lending institution in the normal course of business) or obligations hereunder without the prior
written consent of DAI, and no such assignment or delegation shall relieve Vendor of any such obligations. Any such assignment or delegation shall be voidable
at DAI's election.
13. DAI Property
All materials, tools, drawings, specifications and other items furnished or paid for by DAI shall be identified as DAI property, removable by DAI at any time at no
cost, used only in filling DAI Orders, inventoried by Vendor, kept separate from other such materials, treated as DAI confidential information, and disposed of by
Vendor when and as DAI shall direct. Vendor shall be responsible for loss or damage to any such DAI property excepting normal wear and tear. Vendor shall be
responsible and accountable for all DAI or Client provided property and, where applicable, Vendor shall comply with the requirements of 48 C.F.R. 45.5 with
respect to such property. Vendor assumes the risk of, and shall be responsible for, any loss or destruction of, or damage to, DAI or Client property upon its
delivery to Vendor employees. In the event of loss, damage or destruction of DAI or Client property by Vendor, DAI may initiate an equitable adjustment to the
Prices in favor of DAI. DAI may direct changes to the Agreement in writing, and Vendor shall comply immediately with such direction. If DAI directed changes
increase or decrease the cost or time required Vendor's deliverables under the Agreement, the parties shall negotiate an equitable adjustment in the price or
schedule, or both, to reflect the increase or decrease.
14. Information Disclosed
Information disclosed to Vendor by DAI contains DAI's confidential information, which Vendor shall not disclose to any third party (except as required by law)
without DAI's prior written consent. Unless expressly agreed to in writing by DAI, no information or knowledge disclosed to DAI in the performance of or in
connection with this Order shall be deemed to be confidential or proprietary and any such information or knowledge shall be free from restrictions as part of the
consideration for this Order.
15. Publicity
Vendor shall not issue any public announcement regarding this Order or use the DAI name or trademarks without prior written consent of DAI.
16. Indemnification - Vendor, at its sole expense, agrees to defend, indemnify and hold harmless DAI from and/or against any and all claims, damages, costs,
liability, and expenses, including reasonable attorneys' fees, that (i) arise out of any breach of representation, agreement, or warranty made by Vendor; (ii) the
performance of any service or the delivery, installation, use or service of any item listed on this Order; (iii) are caused in whole or in part by any act or omission
of Vendor, Vendor's subcontractor, or anyone for whose acts Vendor may be liable; or (iv) are attributable to bodily injury, sickness, or death; injury to or
destruction of property including the loss of use resulting therefrom; interference with the business or operations of any third party; or violation of any
governmental law or regulation. This paragraph shall survive the termination of this Order and shall continue in effect until any hearing, litigation, or claims have
been finally concluded and settled.
17. Insurance
As a minimum, Vendor shall, at its sole cost and expense, provide and maintain the following insurance coverage and insurance coverage limits: (1) Worker's
Compensation: Vendor shall provide and maintain worker's compensation insurance as required by the laws of the applicable jurisdiction, as well as employer's
liability coverage with minimum limits of $1,000,000 (or an equivalent value in the local currency), covering all of Vendor's employees who are engaged in any
work under the Agreement; and if any work is subcontracted, Vendor shall require the subcontractor to provide the same coverage for any of its employees
engaged in any work under the Agreement, (2) Commercial General Liability: Vendor shall maintain general liability coverage on a comprehensive broad form on
an occurrence basis in the minimum amount of $1,000,000 (or an equivalent value in the local currency) combined single limit (where the defense is in excess of
the limit of liability); (3) Automobile: Vendor shall maintain automobile liability insurance to include liability coverage, covering all owned, hired and non-owned
vehicles used in connection with the Agreement, and the minimum combined single limit shall be $1,000,000 (or an equivalent value in the local currency) bodily
injury and property damage, including: (a) $500,000 (or an equivalent value in the local currency) uninsured/underinsured motorist; and (b) $5,000 (or an
equivalent value in the local currency) medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the Vendor under the
Agreement. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage in accordance with the governing
jurisdiction(s). Vendor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies,
except as they may conflict with applicable laws or the Agreement. The limits of coverage under each insurance policy maintained by Vendor shall not be
interpreted as limiting the Vendor's liability and obligations under the Agreement.
18. Intellectual Property - Vendor grants DAI all rights and licenses necessary for DAI to use the Goods or Services. The parties acknowledge and agree that all
Services shall be deemed to be “works for hire”, with all intellectual property rights therein vesting in DAI, unless otherwise mutually agreed. Vendor agrees to
irrevocably transfer and assign all such rights to DAI, and comply with all reasonable requests by DAI to affect such transfer and assignments. Vendor represents
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and warrants that the materials delivered hereunder and their use by DAI will not infringe upon or misappropriate any patent, copyright, trademark, trade secret
or other property right of Vendor or any third party or require any payment by DAI in respect of such rights to Vendor or any third party. Vendor agrees to
indemnify and hold harmless DAI for any breach of the foregoing representation and warranty in accordance with the paragraph entitled “Indemnification.”
19. Compliance - Vendor shall comply with all laws and regulations of Federal, State, or local governments, as well as all U.S. statutes, regulations, and
administrative requirements regarding relationships with non-U.S. governmental and quasi-governmental entities including but not limited to the export control
regulations of the Department of State and the International Traffic in Arms Regulations (“ITAR”), the Department of Commerce and the Export Administration
Act (“EAA”), the anti-boycott and embargo regulations and guidelines issued under the EAA, and the regulations of the U.S. Department of the Treasury, Office
of Foreign Assets Control. Vendor shall give all notices and obtain all permits and licenses required under such laws. The anti-bribery provisions of the Foreign
Corrupt Practices Act of 1977 (“FCPA”), 15 U.S.C. 78dd-2”, et seq., make it unlawful for U.S. concerns, as well as their officers, directors, employees, and
agents, to corruptly offer or make a corrupt payment of money or anything of value to a foreign official for the purpose of obtaining or retaining business. Vendor
acknowledges and understands that Vendor must comply fully with the anti-bribery provisions of the FCPA. Specifically, Vendor understands and agrees that it
shall be unlawful for Vendor to pay, promise to pay (or authorize to pay or offer) money or anything of value to a foreign official in order to assist DAI in
obtaining or retaining business for or with, or directing business to, DAI. A “foreign official” means any officer or employee of a foreign government, a public
international organization, or any department or agency thereof, or any person acting in an official capacity. Vendor understands all applicable laws relating to
kickbacks. Vendor agrees to periodically verify its compliance with such laws and to inform DAI immediately of any violations thereof. Vendor shall maintain a
Code of Business Ethics and Conduct in accordance with the provisions of FAR 52.203.13. The provisions of 22 C.F.R. Part 140, Prohibition of Assistance to
Drug Traffickers apply to Vendor and shall have the same effect as if they were stated in their full text. DAI and Vendor (US Vendors only) shall abide by the
requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status
as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation,
gender identity, national origin, or for inquiring about, discussing, or disclosing information about compensation. Moreover, these regulations require that
covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion,
sex, sexual orientation, gender identity, national origin, protected veteran status or disability. DAI/Vendor agrees to comply with all the provisions set forth in 29
CFR Part 471, Appendix A to Subpart A (Executive Order 13496). The provisions of 48 C.F.R. 52.222-50, Combating Trafficking in Persons, apply to Vendor and
have the same effect as if they were stated in their full text. Vendor is reminded that U.S. Executive Orders and U.S. law prohibit transactions with, and the
provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of Vendor to ensure compliance with
these Executive Orders and laws. In addition, the following FAR provisions shall apply as required by the terms of the prime contract or by operation of law or
regulation, and shall be incorporated with the same force and effect as if they were given in full text: 52.203-12 Limitation on Payments to Influence Certain
Federal Transactions (Purchase Orders exceeding $150,000), 52.204-21, Basic Safeguarding of Covered Contractor Information Systems, other than subcontracts
for commercially available off-the-shelf items, if flow down is required in accordance with paragraph (c) of FAR clause 52.204-21 (US Vendors only), 52.204-23,
Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Section 1634 of Pub. L.
115-91, 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements, 52.219-8, Utilization of Small Business Concerns (15
U.S.C.637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities (US Vendors only), 52.204-25 Prohibition on Contracting With Entities
Using Certain Telecommunications and Video Surveillance Services or Equipment, specifically prohibits any equipment, system, or service that uses covered
telecommunications equipment or services from the following companies: Huawei Technologies Company, ZTE Corporation, Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company, or any subsidiary or affiliate thereof, 52.209-6 Protecting the
Government’s Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (Purchase Orders exceeding $35,000), 52.222-
17 Nondisplacement of Qualified Workers, 52.222-21 Prohibition of Segregated Facilities (US Vendors only), 52.222-37 Employment Reports on Veterans (US
Vendors only), 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (US Vendors only), 52.222-41 Service Contract Labor
Standards (US Vendors only), , 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or
Repair of Certain Equipment-Requirements (US Vendors only), 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for
Certain Services-Requirements, 52.222-54 Employment Eligibility Verification (US Vendors only), 52.222-55 Minimum Wages Under Executive Order 13658
(US Vendors only), 52.222-60 Paycheck Transparency (Executive Order 13673) (US Vendors only), 52.222-62 Paid Sick Leave Under Executive Order 13706
(US Vendors only), 52.224-3 Privacy Training (US Vendors only), 52.225-26 Contractors Performing Private Security Functions Outside the United States,
52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (US Vendors only), 52.247-64 Preference for Privately Owned U.S.-Flag Commercial
Vessels (US Vendors only), 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (US Vendors only).
The full text of the FAR clauses referenced herein may be found at https://www.acquisition.gov (https://www.acquisition.gov/). In all clauses listed
herein, terms shall be revised to suitably identify the parties to establish Vendor’s obligations to DAI and to the Client, and to enable DAI to meet its obligations
under the prime contract or higher-tier subcontract. If any of the FAR clauses listed herein do not apply to this Order, such clauses shall be considered self-
deleting. The effective versions of the FAR clauses referenced herein are based on the dates the clauses were in effect at the time of this agreement or the versions
of the clauses that were included in the prime contract that this purchase order supports, as applicable, and as modified from time to time in the contract/order
while active. Vendor agrees to flow down all applicable FAR and supplementary clauses to any lower-tier subcontractors or vendors working pursuant to this
Order.
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20. Exports - Vendor agrees to comply with all U.S. export control laws and regulations, specifically including but not limited to, the requirements of the Arms
Export Control Act, 22 U.S.C. 2751-2794, including the International Traffic in Arms Regulation (ITAR), 22 C.F.R. 120 et seq.; and the Export Administration
Act, 50 U.S.C. app. 2401-2420, including the Export Administration Regulations, 15 C.F.R. 730-774; including the requirement for obtaining any export license
or agreement, if applicable. Vendor agrees to notify DAI if any deliverable under the Agreement is restricted by export control laws or regulations. Vendor shall
immediately notify DAI if Vendor is or becomes listed in any Denied Parties List or if Vendor’s export privileges are otherwise denied, suspended, or revoked in
whole or in part by any U.S. Government entity or agency. Vendor shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and
expense, including attorney’s fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of Vendor, its officers, employees,
agents, or subcontractors at any tier, in the performance of any of its obligations under this section. Vendor shall include the Terms of this section in all
subcontracts issued when technical data is provided to such subcontractors.
21. DAI Requirements
Vendor will ensure that its employees, agents, or designees, when in or upon DAI's premises, shall obey all ethics and business conduct, workplace health, safety
and security rules and regulations established by DAI, regarding the conduct of its own employees and any additional rules and regulations established by DAI
for non-employees, including without limitation, security rules, and regulations.
22. Governing Law
This Order and the acceptance thereof shall constitute a valid, binding, and enforceable contract governed by the laws of the State of Maryland, without regard to
its principles of conflicts of law.
23. General
If any clause of this Order is held as a matter of law to be unenforceable or unconscionable, the remainder of this Order shall be enforceable without such clause.
This Order supersedes and replaces any previous documents, correspondence, conversations, or other oral or written understandings between DAI and Vendor
related to the subject hereof. This Order cannot be amended, changed, or modified in any respect unless each such, amendment, change, or modification shall
have been agreed upon in writing, signed and delivered by each party hereto.
24. Exclusion Of Damages - DAI shall not be liable for any consequential, punitive, exemplary, special or other indirect damages, in contract, tort or otherwise in
any action arising out of this Order. DAI will not be liable for any amount in excess of the amounts paid or payable to Vendor hereunder.
AVC-Livestock SPECIAL CLAUSES
25. Authorized Geographic Code
The authorized geographic code for the procurement of goods and service is 937 as specified in the 22 CFR 228. Code 937 is the United States, the recipient
country, and developing countries other than advanced developing countries, but excluding any country that is a prohibited source. For details related to the rules
of Source/Nationality and Geographic Codes refer to http://www.usaid.gov/sites/default/files/documents/1876/310.pdf
(http://www.usaid.gov/sites/default/files/documents/1876/310.pdf). A hardcopy may be provided by DAI upon request.
26. Insurance
The Vendor agrees that if DAI should legally incur any reasonable cost whatsoever resulting from the lack of the insurance aforementioned in Article 16, on the
part of the Vendor while engaged in work, the Vendor will, to the extent permitted by applicable law, indemnify, and hold harmless DAI and the Client
Organization from any such costs which they may legally be required to pay.
27. Government Withholding Tax
Pursuant to Article 72 in the Afghanistan Tax Law effective March 21, 2009, DAI is required to withhold "contractor" taxes from the gross amounts payable to all
Afghan for-profit subcontractors/vendors with aggregate amounts of $1,000.00 US Dollars or greater and transfer this to the Ministry of Finance. In accordance
with this requirement, DAI shall withhold two percent (2%) tax from all gross invoices to Afghan subcontractors/vendors under this Agreement with active AISA
or Ministry of Commerce license. For subcontractors/vendors without active AISA or Ministry of Commerce license, DAI shall withhold seven percent (7%)
"contractor" taxes per current Afghanistan Tax Law.
https://appssea.dai.com/Projects/Afghanistan/AVCExt/AVCExtSharedResources.nsf/pro_purchaseOrder_print.xsp?action=openDocument&docume… 10/17
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Before the signing of this Agreement, the subcontractor/vendor will provide a copy of the organization's AISA or Ministry of Commerce license and TIN (Tax
Identification Number). Amounts deducted from the invoices will be forwarded to the Ministry of Finance (MOF) Tax Division credited to the firm's TIN.
Records of payments to the MOF shall be maintained on file with DAI.
28. Executive Order on Terrorism Financing
The Contractor is reminded that U.S. Executive Orders (including E.O. 13224) and U.S. law prohibit transactions with, and the provision of resources and support
to, individuals and organizations associated with terrorism. FAR 25.701 prohibits agencies and their contractors and subcontractors from acquiring any supplies or
services from individuals or organizations, if any proclamation, Executive Order, Office of Foreign Assets Control (OFAC) regulations, or statute administered by
OFAC would prohibit such a transaction. Accordingly, the Contracting Officer must check the U.S. Department of the Treasury's OFAC List to ensure that the
names of the Contractor and proposed subcontractors (and individuals from those organizations who have been made known to them), are not on the list.
Mandatory FAR clause 52.225-13 Restrictions on Certain Foreign Purchases is included by reference in Section I.1 of this contract.
By accepting the contract, the Contractor acknowledges and agrees that it is aware of the list as part of its compliance with the requirements of that clause. This
clause must be included in all subcontracts/sub-awards issued under the contract.
29. H.28 USAID/AFGHANISTAN IMPLEMENTATION OF EXECUTIVE ORDER 13224 ON TERRORISM FINANCING (AUG 2016)
The Contractor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and
organizations associated with terrorism. It is the legal responsibility of the contractor to ensure compliance with these Executive Orders and laws. This provision
must be included in all subcontracts issued under this contract.
30. H.5 USAID/AFGHANISTAN SUB-AWARD REQUIREMENTS (APR 2016)
A. Applicability: This section limits the number of tiers of sub-awards to two tiers below the awardee for all awards. The Implementing Partner must not allow
lower-tier sub-awards without the express written approval of the Contracting Officer.
B. Definitions: The term "award" in this clause refers to the direct award between USAID and the Implementing Partner (IP). A "first-tier sub-award" is a direct
award between the IP and a sub-awardee (the "first-tier sub-awardee"). A "second-tier sub-award" is a direct award between the first-tier sub-awardee and its sub-
awardee (the "second-tier
sub-awardee").
C. USAID's objective is to promote, to the extent practicable, competitive, transparent, and appropriate local sub-awards with legitimate and competent sub-
awardees. IP’s must ensure that all sub-awardees at any tier are actively engaged in the performance of subawarded work. IP’s must ensure that sub-awardees do
not engage in "brokering" or "flipping" their sub-awards under this award and that all sub-awardees at any tier self- perform appropriate portions of the work.
"Brokering" or "flipping" is the practice of a sub-awardee receiving a sub-award and either selling such sub-award or not performing a significant percentage of
the work with the sub-awardee's own organization.
D. Should exceptional circumstances warrant sub-awards below two tiers, the IP must promptly request approval in writing from the Contracting Officer, which
for contracts may be done in conjunction with a request under FAR 44, provided that the additional information set forth in paragraph E. below is also provided.
E. An IP’s written request for approval to allow sub-awardees below the second tier will include the following information:
(i) Sub-award number and title (or a general description of the sub-award work) of the existing sub-award;
(ii) Detailed explanation regarding why the work to be performed by the lower-tier subawardee
Cannot be performed by the prime or the two levels of sub-awardees.
(iii) The total value of the work and total value of the work to be self-performed by the existing sub-awardee;
F. For purposes of calculating tiers, the following will not be considered a tier:
(i) subsidiaries of the awardee;
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(ii) members of a joint-venture, provided the joint venture is either the awardee or otherwise a "tier" hereunder;
(iii) employment awards for a single individual, provided that such individual issues no further sub-awards;
(iv) suppliers/service providers for component parts for a sub-award issued for finished commodities purchased on the market. Only the sub-awardee supplying
the finished commodity will be considered a "tier" for purposes of this clause/provision;
(v) suppliers of administrative or professional services incidental to the completion of the award nor their sub-awardees, such as legal or financial services,
provided such suppliers or their sub-awardees do not perform substantive work related to the award.
G. Unless an exception is provided per section D. above. The IP will include this clause in all sub-awards, and will require sub-awardees to include this clause in
all lower-tier subawards.
The IP is responsible for compliance with this clause/provision by all subawardees and lower-tier sub awardees.
31. Combating Trafficking in Persons (FEB 2009)
(a) Definitions. As used in this clause?

"Coercion" means?
(1) Threats of serious harm to or physical restraint against any person; (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to
perform an act would result in serious harm to or physical restraint against any person; or (3) The abuse or threatened abuse of the legal process.
"Commercial sex act" means any sex act on account of which anything of value is given to or received by any person. "Debt bondage" means the status or
condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the
value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively
limited and defined.
"Employee" means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or
involvement in contract performance.
"Forced Labor" means knowingly providing or obtaining the labor or services of a person?
(1) By threats of serious harm to, or physical restraint against, that person or another person; (2) By means of any scheme, plan, or pattern intended to cause the
person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or (3) By
means of the abuse or threatened abuse of law or the legal process.
"Involuntary servitude" includes a condition of servitude induced by means of?
(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another
person would suffer serious harm or physical restraint; or (2) The abuse or threatened abuse of the legal process. "Severe forms of trafficking in persons" means?
(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18
years of age; or (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion
for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
"Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.
(b) Policy. The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not?
(1) Engage in severe forms of trafficking in persons during the period of performance of the contract; (2) Procure commercial sex acts during the period of
performance of the contract; or (3) Use forced labor in the performance of the contract.
(c) Contractor requirements. The Contractor shall?
(1) Notify its employees of?
(i) The United States Government's zero tolerance policy described in paragraph (b) of this clause; and
(ii) The actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract,
reduction in benefits, or termination of employment; and
(2) Take appropriate action, up to and including termination, against employees or subcontractors that violate the policy in paragraph (b) of this clause.
(d) Notification. The Contractor shall inform the Contracting Officer immediately of?
(1) Any information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, or subcontractor
employee has engaged in conduct that violates this policy; and (2) Any actions taken against Contractor employees, subcontractors, or subcontractor employees
pursuant to this clause.
(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), or (f) of
this clause may result in?
(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract; (2) Requiring the Contractor to terminate a
subcontract; (3) Suspension of contract payments; (4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government
determined Contractor non-compliance; (5) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or (6)
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Suspension or debarment.
(f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts.
(g) Mitigating Factor. The Contracting Officer may consider whether the Contractor had a Trafficking in Persons awareness program at the time of the violation
as a mitigating factor when determining remedies. Additional information about Trafficking in Persons and examples of awareness programs can be found at the
website for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/g/tip (http://www.state.gov/g/tip).
32. National Security Screening (Non-US Party Vetting):
The Purchase Order was awarded after following the procedures in the Implementing Partner Notice No. OAA-IP-2011-004 and subsequent Notices related to
this matter which incorporated Mission Order No. 201.04 entitled, "National Security Screening (Non-US Party Vetting). Copies of the Implementing Partner
Notice(s) and the Mission Order can be obtained from the DAI's Representative named herein. For awards that meet the Vetting threshold, USAID had issued an
Eligibility Notice to DAI for the vendor prior awarding the Purchase Order. This Eligibility Notice is valid for 12 months. If the Purchase Order's Performance
Period exceeds 12 months, the Vendor shall provide an updated information used in filing the Partner Information Form (PIF) to start a new vetting process to
acquire a new Eligibility Notice for the Vendor. Also, during the course of the 12 months, if the information provided by the vendor has changed, the Vendor shall
notify DAI at once to update the Eligibility Notice issued for the Vendor.
33. Certification Regarding Provision of Support to Persons Engaged in Terrorism:
(a) By receiving this Purchase Order, the Vendor certifies, to the best of its knowledge and belief that:
(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 terrorism acts, or has committed, attempted to commit, facilitated, or participated in terrorist acts, as that term is defined in paragraph 3.
(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 list is maintained by the U.S. Treasury's Office of Foreign Assets Control (OFAC) and is
available online at OFAC's website: http://www.treas.gov/offices/eotffc/ofac/sdn/t11sdn.pdf
(http://www.treas.gov/offices/eotffc/ofac/sdn/t11sdn.pdf), or (ii) is not included in any supplementary information concerning prohibited
individuals or entities that may be provided by USAID to DAI.
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, Osama bin Laden, or the Al Qaidia Organization]. To determine whether there has been a published designation of an
individual or entity by the 1267 Committee, the Subcontractor should refer to the consolidated list available online at the Committee's website:
http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm (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 the purpose of this Certification.
a. "Material support and resources" means currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or
assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel,
transportation, and other physical assets, except medicine or religious materials.
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 (http://untreaty.un.org/English/Terrorism.asp)); or
(ii) an act of premeditated, politically motivated violence perpetrated against noncombatant targets by sub-national groups or clandestine agents; or
(iii) any other person not taking an active part in hostilities in situations 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 subgroups.
d. Reference in this Certification to the provision of material support and resources shall not be deemed to include the furnishing of USAID funds or USAID-
financed commodities to the unlimited 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.
(b) By accepting or start performing this Purchase Order, the Vendor acknowledges that it has a continuing obligation and shall notify DAI within 72 hours in
writing if it has intentionally or unintentionally taken any actions that have the result and effect of being inconsistent with the certification in subsection (a).
(c) The certification in paragraph (a) of this clause and the requirement to update DAI as to a change in status as set forth in paragraph (b) are representations
upon which reliance was placed when making the award. If it is later determined that the Vendor knowingly rendered an erroneous certification, or did not notify
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DAI in writing of a change in such certification, in addition to other remedies available to the U.S. Government and DAI, DAI may terminate this subaward for
default. DAI may also cease payments due to the Vendor even if goods and services have been provided.
34. Restrictions on Certain Foreign Purchases (JUNE 2008)
(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the
performance of this contract, any supplies or services if any proclamation. Executive order, or statute administered by OFAC, or if OFACs implementing
regulations at 31 CFR Chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.
(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the
United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals
and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn (http://www.treas.gov/offices/enforcement/ofac/sdn). More
information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR Chapter V and/or on OFAC's website at
http://www.treas.gov/offices/enforcement/ofac (http://www.treas.gov/offices/enforcement/ofac).
(c) The Contractor shall insert this clause, including this paragraph (c), in all sub-contracts.
(d) Before awarding any grant or similar instrument, the Contractor/Recipient shall obtain from the proposed sub-awardee the certification required under
USAID's Acquisition and Assistance Policy Determination 04-14 (AAPD 04-14), "Certification Regarding Terrorist Financing Implementation E.O. 13224
(Revision 2).
35. Employee Whistleblower Protections - This clause does NOT apply if (i) the Prime Award as identified on the first page of this Order is "Contract" AND (ii)
the Order's total value is less than USD 150,000.
This clause requires the vendor to (1) Inform its employees working under this award in the predominant native language of the workforce that they are afforded
the employee whistleblower rights and protections provided under 41 U.S.C. § 4712; and (2) Include such requirement in any subaward or subcontract made
under this award. 41 U.S.C. § 4712 states that an employee of a vendor may not be discharged, demoted, or otherwise discriminated against as a reprisal for
"whistleblowing." In addition, whistleblower protections cannot be waived by any agreement, policy, form, or condition of employment. Whistleblowing is
defined as making a disclosure "that the employee reasonably believes" is evidence of any of the following (1) Gross mismanagement of a Federal contract or
grant; (2) A gross waste of Federal funds; (3) An abuse of authority relating to a Federal contract or grant; (4) A substantial and specific danger to public health or
safety; or (5) A violation of law, rule, or regulation related to a Federal contract or grant (including the competition for, or negotiation of, a contract or grant). To
qualify under the statute, the employee's disclosure must be made to (1) A Member of the U.S. Congress, or a representative of a U.S. Congressional Committee;
(2) A cognizant U.S. Inspector General; (3) The U.S. Government Accountability Office; (4) A Federal employee responsible for contract or grant oversight or
management at the relevant agency; (5) A U.S. court or grand jury; or, (6) A management official or other employee of the vendor who has the responsibility to
investigate, discover, or address misconduct.
36. Pay Transparency Nondiscrimination Provision:
This provision applies to Vendors that (1) hold a single federal contract, subcontract, or federal assisted construction contract in excess of $10,000; (2) has federal
contracts or subcontracts that have a combined total in excess of $10,000 in any 12-month period; or (3) hold government bills of lading, serves as a depository of
federal funds, or is an issuing and paying agency for U.S. savings bonds and notes in any amount.
The vendor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their
own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as
a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to such
compensation information, unless such disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or (c) consistent with the contractor's legal duty to furnish information.
37. H.9 USAID/AFGHANISTAN USE OF SYNCHRONIZED PRE-DEPLOYMENT AND OPERATIONAL TRACKER (SPOT) FOR CONTRACTORS
SUPPORTING A DIPLOMATIC OR CONSULAR MISSION OUTSIDE THE UNITED STATES
(SUPPLEMENT TO FAR 52.225-19) (AUG 2016)
In accordance with paragraph (g) Personnel Data, of FAR clause 52.225-19 “Contractor Personnel in a Designated Operational Area of Supporting a Diplomatic
or Consular Mission Outside the United States (MAR 2008),” the Contracting Officer hereby identifies DoD’s
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Synchronized Pre-deployment and Operational Tracker (SPOT) as the required system to use for this contract in Afghanistan.
In accordance with Section 861 of the FY08 National Defense Authorization Act (FY08 NDAA), P.L. 110-181, USAID and the Departments of Defense (DOD)
and State (DOS) have entered into a Memorandum of Understanding (MOU) under which USAID has agreed to establish a common database including
information on contractors and contractor personnel performing work in Afghanistan. The MOU identifies SPOT as the common database to serve as the
repository for this information. Information with regard to Afghan nationals will be entered under procedures provided separately by the Contracting Officer.
All contractor personnel must be accounted for in SPOT. Those requiring SPOT-generated Letters of Authorization (LOAs) must be entered into SPOT before
being deployed to Afghanistan. If individuals requiring LOAs are already in Afghanistan at the time the contractor engages them or at the time of contract award,
the contractor must immediately enter into SPOT each individual upon his or her becoming an employee or consultant under the contract. Contract performance
may require the use of armed private security contractor personnel (PSCs). PSCs will be individually registered in SPOT. Personnel that do not require LOAs will
still be required to be entered into SPOT for reporting purposes, either individually or using an aggregate tally methodology. Procedures for using SPOT are
available at http://www.dod.mil/bta/products/spot.html (http://www.dod.mil/bta/products/spot.html). Further guidance may be obtained from
the Contracting Officer’s Representative or the Contracting Officer. It is emphasized that SPOT applies to sub-awards and that this provision must be included in
all sub-awards at any tier.
38. H.10 SERIOUS INCIDENT REPORTING (SIR) IN AFGHANISTAN (AUG 2016)
The prime implementing partner is responsible for reporting all serious incidents during performance of the award. This reporting shall apply to the prime
implementing partner and all sub-awardees regardless of the tier (subs of subs and lower, etc.). In addition to reporting, the prime implementing partner is
responsible for ensuring timely investigation of all serious incidents and maintaining on file all records of reported serious incidents.
A serious incident is defined (but not limited to) the following incidents affecting an employee or the implementation of activities paid for with U.S. Government
funding regardless of the funding source and tier of the organization:
1. Arrest – A legal detention by the Afghanistan National Security Forces (ANSF) or Coalition Forces (CF)
2. Complex Attack – An attack using multiple means of engagement such as an Improvised Explosive Device (IED) followed by small arms fire
3. Demonstration – An organized act of protest against legitimate operations that results in violence or the threat of violence
4. Harassment – Interference in legitimate operations by ANSF, RS, or local civilian forces
5. Indirect Fire (IDF) – Attacks in which weapons are not directly aimed at the target (such as mortars, artillery, emplaced rockets but not rocket propelled
grenades -RPGs)
6. Improvised Explosive Device (IED) – A bomb made and delivered in a nonconventional Way (body borne IED, vehicle borne IED, remote control IED,
magnetic IEDetc.)
7.Capture - Illegal or hostile detention by insurgents or criminals for any length of time
a. Abduction: the act of taking someone away by force or fraud
b. Kidnapping: the abduction of a person by force or fraud for use as a hostage
c. Hostage: a person given or held as security for the fulfillment of certain conditions or terms, promises, etc., by another.
8. Land Mine – A manufactured anti-personnel or anti-vehicle mine.
9. Motor Vehicle Accident (MVA) – An airplane, motorcycle, car, or truck crash which results in injury or damage.
10. Robbery – Non-insurgent related theft of property.
11. Small Arms Fire (SAF) – a hostile engagement by a direct fire weapon (such as a pistol, AK-47, PK machine gun, RPG etc.)
12. Threat – Verbal (in-person, telephone, etc.), SMS (text message), or written message threatening violence or demanding payment in any form.
13. Other – negligent or unintentional firearm discharge, physical altercation between employees, cybersecurity incident, sexual misconduct etc.
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INITIAL NOTIFICATION: Implementing partners must provide initial notification by email or telephone to the USAID Partner Liaison Security Officer
(PLSO), the Contracting Officer, and the Contracting Officer’s Representative (COR) for accountability purposes of any serious incident as soon as practical, if it
cannot be done immediately. This notification must provide as many details as are known at the time about the incident. The email address for the PLSO is
KabulAIDSSO@usaid.gov and/or KabulAIDSSO@state.gov and the telephone number is +1 (301) 490-1042 Ext. 3342 or Ext. 3115. A point of contact (POC)
for the prime implementing partner must be provided to the PLSO and COR/AOR in order for USAID personnel to follow up on the security incident details.
Additionally, if a serious incident which involves an employee wounded in action (WIA) who later succumbs of the wound(s), the implementing partner shall
provide the same notification within 24 hours of the death of the individual.
SERIOUS INCIDENT REPORT: Additionally, within 24 hours, the implementing partner must submit an initial Serious Incident Report (SIR) documenting the
incident in detail to the USAID PLSO using the form provided. The SIR must include, at a minimum, the award number, the name of the company, location
where the incident occurred (Latitude/Longitude, GPS or MGRS coordinates, location name, etc.), time when the incident occurred, a brief description of the
events of the incident, details about any known casualties, country of origin of all involved and a point of contact for the USAID PLSO to request further
information as needed. Each SIR must be completed as thoroughly as possible and sent to KabulAIDSSO@usaid.gov and/or KabulAIDSSO@state.gov. The
prime implementing partner must concurrently send a notice to the USAID (COR/AOR) and the Contracting/Agreement Officer that a SIR has been submitted to
PLSO.
Following the conclusion or solution of the reported incident, a Final Serious Incident Report should be submitted to the USAID PLSO to identify the resolution
of the reported event and provide details indicating the resolution thereof.
39. H.13
ADS 302.3.8.8 REPORTING OF FOREIGN TAXES (JUL 2007)
(a) The contractor must annually submit a report by April 16 of the next year.
(b) Contents of Report. The report must contain:
(1) Contractor name.
(2) Contact name with phone, fax and email.
(3) Contract number(s).
(4) Amount of foreign taxes assessed by a foreign government [each foreign government must be listed separately] on commodity purchase transactions valued at
$500 or more financed with U.S. foreign assistance funds under this agreement during the prior U.S. fiscal year.
(5) Only foreign taxes assessed by the foreign government in the country receiving U.S.assistance is to be reported. Foreign taxes by a third party foreign
government are not to be reported. For example, if a contractor performing in Lesotho using foreign assistance funds should purchase commodities in South
Africa, any taxes imposed by South Africa would not be reported in the report for Lesotho (or South Africa).
(6) Any reimbursements received by the contractor during the period in (4) regardless of when the foreign tax was assessed and any reimbursements on the taxes
reported in (4) received through March 31.
(7) Report is required even if the contractor did not pay any taxes during the report period.
(8) Cumulative reports may be provided if the contractor is implementing more than one program in a foreign country.
(c) Definitions. For purposes of this clause:
(1) “Agreement” includes USAID direct and country contracts, grants, cooperative agreements and interagency agreements.
(2) “Commodity” means any material, article, supply, goods, or equipment.
(3) “Foreign government” includes any foreign governmental entity.
(4) “Foreign taxes” means value-added taxes and custom duties assessed by a foreign government on a commodity. It does not include foreign sales taxes.
(d) Where. Submit the reports to:
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USAID/Afghanistan
Great Massoud Road
Kabul, Afghanistan
Email Address: KBLAIDFAST@usaid.gov
(e) Subagreements. The contractor must include this reporting requirement in all applicable subcontracts and other subagreements.
(f) For further information see http://www.state.gov/m/rm/c10443.htm (http://www.state.gov/m/rm/c10443.htm).
40. H.34 USAID/AFGHANISTAN COMPLIANCE WITH EXECUTIVE ORDER 13559 FACILITIES USED FOR RELIGIOUS ACTIVITIES (FEB
2016)
Unless otherwise authorized in writing by the Contracting Officer, the Implementing Partner must not use funds for any work related to facilities of any type
where the intended use of such a facility is for explicitly religious activities. In cases where work addressed by this provision is authorized by the Contracting
Officer, such authorization will be limited and explicit. The contractor shall insert this clause in its entirety in all subcontracts.
41. H.46 PROHIBITION ON THE USE OF FEDERAL FUNDS TO PROMOTE, SUPPORT, OR ADVOCATE THE LEGALIZATION OR PRACTICE
OF PROSTITUTION – TIP ACQUISITION (MAY 2007)
(a) The U.S. Government is opposed to prostitution and related activities, which are inherently harmful and dehumanizing, and contribute to the phenomenon of
trafficking in persons.
None of the funds made available under this contract may be used to promote, support, or advocate the legalization or practice of prostitution. Nothing in the
immediately preceding sentence shall be construed to preclude assistance designed to ameliorate the suffering of, or health risks to, victims while they are being
trafficked or after they are out of the situation that resulted from such victims being trafficked.
(b) The contractor shall insert this clause, in its entirety, in all sub-awards under this award.
(c) This provision includes express terms and conditions of the contract and any violation of it shall be grounds for unilateral termination of the contract, in whole
or in part, by USAID prior to the end of the term.
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11/30/23, 9:36 AM PUR-KBL-X-23-0082

Afghanistan Value Chains Program

1 12 Solar panel Each AFN 5,600.00 AFN 67,200.00

Provision, Delivery, and Installation of Solar Equipment and Sewing Machine

Cell Type: Any

Type: Gel Type

3. Solar Power Inverter

Max AC Power: 2 -6.6 KW

4. Automatic bag sewing machine

Motor Type: Computer

5. Cable for solar panels, batteries and inverter.

2 core x 6mm cable with good quality.

6. Control box good quality.

Quality: Good Quality

7. Plug standard and good quality.

Type: Electric Plug

8. Switch standard and good quality.

3. Price And Delivery

4. Packaging And Shipping

5. F.O.B., Risk Of Loss

13. DAI Property

14. Information Disclosed

subcontracts issued when technical data is provided to such subcontractors.

21. DAI Requirements

22. Governing Law

AVC-Livestock SPECIAL CLAUSES

25. Authorized Geographic Code

27. Government Withholding Tax

28. Executive Order on Terrorism Financing

clause must be included in all subcontracts/sub-awards issued under the contract.

30. H.5 USAID/AFGHANISTAN SUB-AWARD REQUIREMENTS (APR 2016)

awardee (the "second-tier

the work with the sub-awardee's own organization.

Cannot be performed by the prime or the two levels of sub-awardees.

(i) subsidiaries of the awardee;

all lower-tier subawards.

31. Combating Trafficking in Persons (FEB 2009)

(a) Definitions. As used in this clause?

32. National Security Screening (Non-US Party Vetting):

33. Certification Regarding Provision of Support to Persons Engaged in Terrorism:

34. Restrictions on Certain Foreign Purchases (JUNE 2008)

investigate, discover, or address misconduct.

36. Pay Transparency Nondiscrimination Provision:

SUPPORTING A DIPLOMATIC OR CONSULAR MISSION OUTSIDE THE UNITED STATES

(SUPPLEMENT TO FAR 52.225-19) (AUG 2016)

all sub-awards at any tier.

38. H.10 SERIOUS INCIDENT REPORTING (SIR) IN AFGHANISTAN (AUG 2016)

funding regardless of the funding source and tier of the organization:

4. Harassment – Interference in legitimate operations by ANSF, RS, or local civilian forces

a. Abduction: the act of taking someone away by force or fraud

b. Kidnapping: the abduction of a person by force or fraud for use as a hostage

8. Land Mine – A manufactured anti-personnel or anti-vehicle mine.

10. Robbery – Non-insurgent related theft of property.

ADS 302.3.8.8 REPORTING OF FOREIGN TAXES (JUL 2007)

(b) Contents of Report. The report must contain:

(1) Contractor name.

(2) Contact name with phone, fax and email.

(3) Contract number(s).

reported in (4) received through March 31.

(c) Definitions. For purposes of this clause: