RFP: The Implications of Climate and Environmental Change on Migration and Displacement
Aug 6, 2021
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United States Institute of Peace
The United States Institute of Peace (USIP) has launched a request for proposals on "The Implications of Climate and Environmental Change on Migration and Displacement." RFPs are due 11:59 PM EST on August 22, 2021. The original proposal is here.
All questions should be submitted to Tegan Blaine (tblaine@usip.org) before the deadline for the RFP.
Proposals should be submitted to Tegan Blaine (tblaine@usip.org) before the deadline for the RFP.
Proposal Submission Requirements:
Any proposal that does not contain all items listed in the Submission Requirements section
below may be considered nonresponsive. For more detail including corresponding evaluation
criteria, please see “Evaluation Criteria and Submission Requirements” section below.
- Technical proposal (maximum eight pages)
- CVs
- Cost proposal
- Financial Management Assessment Form (for organizations only)
- Certification Page
I. Introduction and Background
USIP is a national, nonpartisan, independent institute, founded by Congress and dedicated to the proposition that a world without violent conflict is possible, practical, and essential for U.S. and global security. In conflict zones abroad, the Institute works with local partners to prevent, mitigate, and resolve violent conflict. For more information, please visit http://www.usip.org. USIP is building a new program on Climate, Environment, and Conflict (CEC). One of the initial focus areas for research and policy development includes migration and displacement related to climate and environmental change. While human mobility has been an important adaptive response to environmental change for thousands of years, the scale of the impacts of climate change and environmental degradation is quickly increasing. In sub-Saharan Africa alone, two million people were displaced in 2019 as a result of climate-linked disasters (Mbiyozo 2020), and the World Bank estimates that sub-Saharan Africa will have between 57 and 86 million internal climate migrants by 2050 (Groundswell Report 2018). In the absence of migration, by 2070, an estimated 30 percent of the global population may live in geographies that experience a mean annual temperature currently experienced by less than one percent of the Earth’s surface (Xi et al. 2019). In addition, half of currently displaced people end up in cities, and yet a third of cities globally already face acute environmental stress that is likely to intensify over the next few decades.
Such trends augur increasing risks of instability and potentially violence, as the number of displaced people rises, and they seek refuge, either temporarily or permanently, in urban areas already facing a variety of social, economic, political, and environmental fragilities. These trends also demand a more thoughtful global policy approach both to the immediate humanitarian issue of disaster-related displacement and to the long-term implications of slow-onset climate change that may cause even greater displacement in the future.
USIP is dedicated to producing cutting-edge research on preventing, mitigating, and resolving violent conflict. This call for proposals supports USIP’s mission by advancing evidence-based research that has a significant impact on peacebuilding scholarship, policy, and programming. USIP is particularly interested in innovative research that connects different levels of analysis (local, national, transnational, international), proposes new frameworks, and/or examines complex systems.
II. Purpose of the RFP
As USIP embarks on its new Climate, Environment, and Conflict (CEC) program, it seeks to support the development of up to three USIP Peaceworks publications to help guide USIP’s thinking and policy development in the area of migration and displacement related to climate and environmental change.
Those interested in applying should have demonstrated experience in research and strong scholarship related to peace and conflict studies. Scholars at all levels, from early career to the more established, are encouraged to apply.
Proposals should clearly describe the importance of the issue to be addressed, research objectives, and policy significance. Proposals should also demonstrate knowledge of the research subject and relevant literature.
III. Scope of Work
USIP expects to award up to three contracts for a major USIP Peaceworks publication to be completed over the next six months. Peaceworks publications target peacebuilding practitioners or academics (although not necessarily both at the same time), and range from 8,000 to 20,000 words, including endnotes. Peaceworks publications emphasize in-depth background, research, and analysis, and include detailed policy recommendations and
conclusions. The publication should offer recommendations to USIP, with a focus on the changing nature of conflict, to help guide its agenda for policy and practice-relevant research.
We invite researchers at universities or research institutions to submit proposals that address one of the issues outlined below; we will also consider innovative proposals on related questions. Proposals can be based on ongoing research that is ready to be turned into a policy piece; they can also propose additional research and analysis to be performed as part of the development of the Peaceworks publication. Research could include but is not limited to a meta-review/synthesis of academic and policy literature or datasets. USIP would also welcome follow-on components to an ongoing research project that addresses one of the below issues.
Potential issues of interest include:
- Policy options for enhancing post-disaster protections and/or establishing new protections for cross-border migrants.
- Policy research around statelessness related to climate change, including proactive clarification of the status of potential migrants.
- Exploration of the evidence base around whether facilitating voluntary migration, better supporting receiving communities, supporting local development to reduce climate and
- environmental risk, and/or other policy or development assistance options reduces the risk of violent conflict over migration.
- How migration into urban areas exacerbates (or not) existing political, social, economic, and environmental fragilities, and whether cooperation on environmental issues can
- contribute to reducing the risk of conflict.
- How slow-onset climate change is changing the likeliness of conflict that could put demands on the U.S. military or U.S. government more broadly for intervention and/or
- assistance.
The selected offeror(s) will be awarded a fix-priced contract to support up to six months for research and writing. During the award term, the winning offeror(s) will be expected to complete a major USIP Peaceworks publication. All offeror(s) must consider interaction with USIP’s technical and publication teams as part of their scope. The selected offeror(s) will receive the full award upon completion of the contract (i.e. when the publication is approved by USIP).
Tentative Deliverables and Timeline
Number | Deliverable | Estimated Due Date |
1 | Researcher/author and program team will determine publication goal, plan research, field work, or other activities | October 31 |
2 | Researcher/author will provide program team with conceptual outline | November 30 |
3 | Researcher/author will provide program team first draft of manuscript | January 31 |
4 | Program team will provide researcher/author with revision guidance | February 14 |
5 | Researcher/author will provide program team second draft of manuscript | February 28 |
6 | Program team will provide researcher/author with revision guidance* | March 14 |
7 | Researcher/author will provide program team final draft of manuscript | March 31 |
8 | Final Narrative and Financial Report covering entire contract period, sent to COTR and invoices@usip.org. Backup support documentation may also be required. | April 15 |
Expected Type of Contract: Firm fixed price.
IV. Submission Requirements
To be considered under this RFP, please submit the following:
i. Technical Narrative Proposal
The narrative proposal should be five to eight pages, excluding the bibliography, and adhere to standard formatting practices. It should include the following sections:
A. Description of proposed policy issue: Please describe the research and/or policy issue related to climate change, migration, and displacement and the significance of your proposed contribution.
B. Overall Approach and Methodology: As relevant, please describe the proposed approach to research, data collection, data analysis, and development of policy-relevant conclusions, and an implementation timeline. As noted above, the final research methodology and publication outline will be approved in consultation with USIP.
C. Key Personnel, Specific Expertise, and Past Experience: Describe the key personnel, their role, their level of knowledge, and how their experience is related and beneficial. Describe the overall staffing plan for the project. Please note that staff may be non-US citizens and do not require a security clearance. Describe at least two projects of similar scope and complexity the offeror has worked on previously. Provide a point of contact with telephone number and email address for at least one of the described projects. Also, please include whether the offeror and/or essential personnel have received funding from USIP in the past and if so, include a short description of the project, the name of the USIP main point of contact, and the grant or contract number, as applicable.
ii. Curriculum Vitae
For each of the key personnel, please provide a CV of no more than three pages. CVs will not count as part of the insert number pages of the technical proposal.
iii. Cost Proposal
The cost proposal shall include a detailed budget and a budget narrative. Budget must be in U.S. dollars and in a spreadsheet format (e.g., Excel). USIP allows organizations to include up to 12% indirect cost recovery on total direct costs for contracts.
iv. Financial Management Assessment Form
Organizations must complete the Financial Management Assessment Form unless they have received Federal grants, contracts or cooperative agreements in the past two years and can provide their audited financial statement from their most recent fiscal year.
v. Certification Page
Complete and sign the Certification Page below and submit with the proposal.
V. Selection Process
Proposed Schedule
August 6, 2021: RFP issued
August 13, 2021: Questions concerning RFP and project emailed to tblaine@usip.org no later than 12:00 PM Eastern Standard Time.
August 16, 2021: Answers to questions will be made available to all offerors.
August 22, 2021: Proposals are due no later than 11:59 PM Eastern Standard Time. Late submissions may not be accepted.
August 24, 2021: Notification to selected offeror(s)
September 15, 2021: Estimated project commencement date
The USIP Selection Committee will review all proposals received on time using the selection criteria established in this RFP based on the best value offered to USIP. The Selection Committee reserves the right to reject any or all proposals, in whole or in part, to award multiple contracts, and/or to enter into negotiations with any party, in the best interests of the Institute. The Institute may cancel this RFP at any time prior to contract award.
Selection Criteria
Proposals will be evaluated as follows. For more detail on each submission requirement, see the
Submission Requirements section of this RFP.
Evaluation Criteria | Corresponding Submission | Requirement Weight |
Importance of and potential impact of a policy paper on proposed issue | Technical Narrative Proposal | 30% |
Overall approach and methodology | Technical Narrative Proposal Cost Proposal | 35% |
Specific expertise and experience | Key Personnel, Specific Expertise, and Past Experience Staff CVs | 35% |
Total Cos | Cost Proposal | 10% |
VI. General Instructions and Terms
A. Complete proposals must be submitted by email to tblaine@usip.org by 11:59 PM on
August 22, 2021.
B. The Institute is not liable for any costs incurred by offerors prior to issuance of an
executed contract with the Institute.
C. Submissions must be typed and submitted electronically and must include all submission
requirements outlined in the Submission of Requirements section of this RFP. No changes
or corrections to a response will be allowed after the deadline.
D. All submissions should be in English and US dollars.
E. Any questions concerning this RFP should be directed to Tegan Blaine at tblaine@usip.org.
Pertinent responses will be made available to all offerors by email. No inquiries will be
accepted after specified time and date.
F. Any proposal not addressing all RPF requirements may be considered non-responsive.
Late proposals may be rejected as non-responsive.
G. This RFP is not an offer to enter into an agreement with any party, but rather a request to
receive proposals from offerors (organizations or persons) interested in providing the
services outlined herein. Such proposals shall be considered and treated by USIP as offers
to enter into a contract.
H. USIP shall not be obligated for the payment of any sums whatsoever to any recipient of
this RFP until and unless a written contract between the parties is executed.
I. Unless stated otherwise within this RFP, the selected Contractor shall be responsible for
providing all equipment and/or supplies required to perform the services.
J. The selected Contractor shall not discriminate against any person in accordance with
Federal, state, or local law.
K. The submission of any materials to USIP in response to this RFP will constitute (i) a
representation that the Offeror owns or has unrestricted license to use and license such
materials and all intellectual property expressed therein; and (ii) the grant of a nonexclusive
license to USIP to use such materials and intellectual property for any purpose,
including specifically the evaluation, negotiation, and documentation of a contract with
any party.
L. Offeror will commit to adhering to the attached USIP Terms & Conditions, else risk
removal from consideration. Exceptions to these terms must be clearly outlined in an
annex to the Technical Proposal.
Certification Page
(Please submit with the proposal)
A. The Offeror certifies that: (1) Prices in the offer have been arrived at independently without consultation,
communication, or agreement with any other competitor; (2) Prices in the offer have not been and will not be
knowingly disclosed by the offeror, directly or indirectly, to any other competitor before bid opening or
contract award unless otherwise required by law; and (3) No attempt has been made or will be made by the
offeror to induce any other competitor to/not to submit an offer for the purpose of restricting competition.
B. Representation. The Offeror certifies that it will not provide covered telecommunications equipment or
services to USIP in the performance of the contract, subcontract or other contractual instrument resulting
from this solicitation.
After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that does
not use covered telecommunications equipment or services, or use any equipment, system, or service that
uses covered telecommunications equipment or services.
As used in this Certification, “covered telecommunications equipment or services” is fully defined in the
Federal Acquisition Regulation, FAR 52.204-25.
C. If Offeror is not able to certify statement B above, Offeror must mark below and provide a disclosure with a
full description of the covered telecommunications equipment and/or services and any factors relevant to
determining if such use would be permissible.
__ Offeror is not able to certify representations above and disclosures are attachment to this certification
form.
On Behalf of Offeror:
Name of Organization or Independent Contractor
Signature of Authorized Official
Printed Name of Authorized Official
Title
Date
Terms and Conditions
1. Independent Contractor
Contractor shall be an independent contractor with respect to performance of all work performed under
this Agreement, and neither Contractor nor anyone employed by Contactor shall be deemed for any
purpose to be the employee, agent, servant, or representative of USIP nor shall it or they have any
authority to speak for or otherwise to bind USIP in any manner. As an independent contractor, you are
responsible for the safety and security of individuals working under this contract. USIP strongly
encourages individuals who will be traveling and working in conflict zones and areas prone to violence
and instability, to acquire security awareness training prior to operating in those environments. It is the
responsibility of the individual contractor to obtain this training.
2. USIP Name and Logo
USIP name and logo are the property of USIP. Neither shall be used by Contractor for any purpose(s)
except with the express, prior written authorization of USIP.
3. Confidentiality and Non-Disclosure
“Confidential Information” means all information in whatever form or in whatever medium recorded,
relating to the Work disclosed in writing, orally, or in any other form to Contractor by USIP, either
directly or indirectly, and all information compiled or developed during the course of the Work, except
for the following:
(1) Information in the public domain through no action of Contractor in breach of this Agreement; or
(2) Information independently developed by Contractor; or
(3) Information acquired by Contractor from a third party not delivered to Contractor in breach of
confidentiality agreements which said third party may have with USIP, the Government, USIP’s other
contractors or affiliates, or any other third party.
Both during the term of this Agreement and following completion of the work or termination of the
Agreement, Contractor will retain in strict confidence, and not disclose to third parties or use for the
benefit of anyone other than USIP any Confidential Information, without the prior written consent of
USIP.
All Confidential Information obtained or developed pursuant to the Agreement shall be subject to this
Agreement unless expressly excepted in writing by the USIP.
Nothing contained herein shall be deemed to prevent disclosure of any Confidential Information by
Contractor if, in the written opinion of Contractor’s counsel, such disclosure is required by any
applicable federal or state law, rule, or regulation, or by any applicable order, subpoena, judgment, or
decree; provided, however, that Contractor shall give USIP at least ten (10) days prior written notice
before disclosing any Confidential Information and, in making such disclosure, Contractor shall take all
reasonable steps to preserve the confidentiality of the Confidential Information to the greatest extent
possible.
If and when requested in writing, Contractor shall, and shall cause its lower tier subcontractors to
execute any such confidentiality agreements as are deemed necessary for the protection of USIP, the
Government and/or any of their respective other contractors.
4. Indemnity – Intellectual Property
Except as specifically agreed by USIP, all original work of Contractor under the Contract shall be
treated as “work for hire” and all right, title and interest in such work shall be assigned to or owned by
USIP.
Contractor represents and warrants that all intellectual property of any nature included in any
deliverable to USIP (or any other party under the Contract) shall be public domain property, or the
original work of Contractor, or shall be used with all applicable consents or licenses from the owner,
copyright holder or patent owner.
Contractor shall indemnify, defend, save and hold harmless USIP from and against any and all claims,
actions, and damages which USIP may suffer or pay by reason of any claims or suits arising out of
claims of infringement of any patent rights, copyrights or other intellectual property, proprietary or
confidentiality rights relating to the work performed by contractor or any of its subcontractors under or
in connection with the Agreement. Any such suit or claim shall be defended at Contractor’s expense by
counsel satisfactory to USIP. If, in any such suit or claim, a temporary restraining order or preliminary
injunction is granted, Contractor shall make every reasonable effort, by giving a satisfactory bond or
otherwise, to secure the suspension of the injunction or restraining order. If, in any such suit or claim,
the work, or any part, combination or process thereof, is held to constitute an infringement and its use is
permanently enjoined, Contractor shall promptly make every reasonable effort to secure for USIP or, at
no cost to USIP, a license authorizing continued use of the infringing item. If Contractor is unable to
secure such suspension or such license within a reasonable time, Contractor shall, at its own expense
and without impairing USIP’s use of the work, either replace the affected work, or part, combination or
process thereof, with non-infringing components or parts or modify the same so that same becomes noninfringing.
5. Publicity
Contractor shall not disclose the nature of its work under the Agreement or engage in any other publicity
or public media disclosures with respect to the work without the prior written consent of USIP.
6. Acceptance and Inspection
USIP shall have the right to inspect all work performed under this Agreement upon delivery or pursuant
to such other terms as may be agreed upon in writing. Acceptance shall not occur until after completion
of inspection. Acceptance shall not absolve Contractor from correcting errors, omissions, and other
defects in workmanship under the Warranty provisions of the Agreement to the extent that they are not
patently apparent and discoverable upon reasonable inspection at time of delivery or as otherwise agreed
upon. Payment shall be conditioned upon USIP’s acceptance of the work under this Agreement.
7. Representation and Warranty of Work
No principal, employee or subcontractor of Contractor:
(1) Is an employee of or personal services contractor to the Institute; or
(2) Has a familial or other relationship with a USIP employee participating in the contracting for or receipt
of the Services under this Agreement except as specifically acknowledged and consented to by USIP in
a writing attached to this Agreement. Contractor warrants that all work:
(i) Shall, as applicable, be free of defects in workmanship,
(ii) Shall be performed in accordance with the accepted professional standards and industry codes
applicable to the work in effect as of the award of the Agreement,
(iii) Shall be performed in a good and workmanlike manner, and
(iv) Shall strictly conform to the Agreement.
Upon receipt of written notice of a defect or deficiency in the work, Contractor shall at USIP’s sole
option and at no cost to USIP, promptly re-perform, repair, or replace, such defective or deficient work
so that it conforms with the requirements of the Agreement. If USIP deems it inexpedient for Contractor
to correct defective or deficient work, USIP may make a deduction from the Contract price in lieu of
such correction, as determined by USIP.
8. Compliance with Laws
In the performance of work under this Agreement, Contractor shall comply, and shall require its
subcontractors, agents, and other representatives to comply with all applicable laws, treaties, ordinances,
judgments, decrees, injunctions, writs and orders of any court or governmental agency or authority, and
rules, regulations, codes, orders, interpretations of any Federal, District of Columbia, or other
governmental entity or other body having jurisdiction over the Agreement or any activity conducted at
or in connection with the Agreement (collectively “Laws”). Contractor agrees to indemnify and hold
USIP harmless for, of, and from any loss, including but not limited to fines, penalties, and corrective
measures, USIP may sustain by reason of Contractor’s failure to comply with any such Laws in
connection with the performance of its work for USIP under this Agreement. Contractor shall obtain and
maintain all permits, licenses, and consents required by governmental authorities for performance of any
work to be performed under this Agreement. At no time during the term of this Agreement shall
Contractor be debarred from contracting with the U.S. Government, subject to sanctions promulgated or
supervised by any U.S. Government agency, or otherwise ineligible to contract with the U.S.
Government for any reason. Such debarment, sanction status or exclusion at any time shall be a material
breach of the Agreement. Contractor’s subcontracting under this Agreement with any person debarred,
subject to sanctions, or ineligible to contract with the U.S. Government shall be grounds for termination
of this Agreement at the sole discretion of USIP.
9. Section 508 Compliance
Because USIP receives Federal funds for its work, to the extent Contractor’s work will involve creating
or modification of Information Technology hardware or software, Contractor shall ensure that it is in
compliance with the requirements section 508 of the Rehabilitation Act of 1973, as amended, as they
may be applicable.
10. Compliance with Workplace Rules
Contractor, to the extent work is to be performed on the premises of USIP, shall conform its activities to
all procedures, work hours, and safety rules and regulations as may be in force at USIP. Contractor shall
also undergo such safety and other training as may be offered by USIP with regard to its site.
11. Contractor Personnel Access to USIP Facilities
USIP also shall have the right in its sole discretion to request that Contractor remove and replace any
one or more of its staff working at USIP if such person is deemed by USIP to be incompetent,
disorderly, or otherwise unsatisfactory. Contractor shall promptly comply with such request. USIP shall
have the right in its sole discretion to revoke access to its premises for any one or more of Contractor’s
personnel.
12. Equal Opportunity
The Contractor agrees that it will not discriminate against any employee or applicant for employment to
be employed in the performance of work under this Agreement with respect to hire, tenure, terms,
conditions or privileges of employment, or matters directly or indirectly related to employment because
of age, sex, height, weight, marital status, race, color, religion, sexual orientation, national origin,
ancestry, disability or veteran status. Contractor also agrees to comply with all applicable provisions of
Executive Order 11246 of September 24, 1965, as amended. Breach of this covenant may be regarded as
a material breach of this Agreement.
13. Record Retention and Audits
Contractor and its subcontractors of any tier shall maintain true and correct sets of cost and other records
relating to the work and all transactions related to the Work and shall retain all such records for at least
three (3) years after final payment under this Agreement.
USIP, itself or through its designated agent (e.g., audit firm), from time to time at any time after the date
of this Agreement until three (3) years after final payment under this Agreement, may make an audit of
any and all records of Contractor and any of its subcontractors of any tier that pertain to the performance
of work under the Agreement. Contractor shall assist USIP in making the above audits.
Such audits will not include Contractor’s payroll or other confidential information of Contractor’s other
clients unless it relates directly to this Agreement. Contractor shall include, and shall require all its
subcontractors of any tier to include, in all lower tier subcontracts in connection with the work under
this Agreement, a provision materially similar to this paragraph. USIP may at any time require
Contractor to submit to the Institute a copy of its latest Annual Audited Report (“annual audit” or
“audit”).
14. Assignment
Neither this Agreement nor any part thereof nor any right arising therefrom shall be transferred or
assigned by Contractor to any other individual, firm, partnership, corporation, institution, or government
agency without the prior written consent of USIP.
15. Termination for Convenience
At any time, USIP may, in its discretion, terminate this Agreement in whole or in part for its
convenience, by giving five (5) business days written notice to Contractor. Upon receiving such notice,
Contractor shall:
(a) Stop performance of all Work except that reasonably necessary to carry out termination; and
(b) Make no further monetary commitments except with the written consent of USIP.
16. Default by Contractor
USIP shall have the right, in addition to all other rights or remedies it may have under this Agreement or
by law or in equity, to terminate this Agreement in whole or in part if Contractor:
(a) fails:
(i) to comply with the material terms of this Agreement;
(ii) to make satisfactory progress toward completion of the work; or
(iii) to perform its work in a satisfactory manner in terms of quality;
(b) makes any assignment for the benefit of creditors, or
(c) initiates or has initiated against it bankruptcy, insolvency, receivership, or similar proceeding, by
giving notice to Contractor.
In the event of a breach under subparagraph (a), USIP shall afford Contractor a period of ten (10) days
to correct the breach or present an acceptable plan to USIP for correcting the breach. The failure of
USIP to terminate Contractor for any default shall not be deemed a waiver of its right to terminate
contractor for some other related, subsequent, or independent default. Upon receipt of such notice,
Contractor shall stop all Work. Contractor shall be entitled to be paid only for Work previously
submitted and accepted by USIP. USIP shall be entitled to recover from Contractor the costs of retaining
others to complete the Work agreed to under this Agreement.
17. No Waiver of Breach
Any failure by USIP at any time, or from time to time, to enforce or require the strict compliance with
and performance by Contractor of any of the terms or conditions of the Agreement shall not constitute a
waiver by USIP or a breach of any such terms or conditions or any other breaches, or the right of USIP
to avail itself of the remedies it may have for any such breach.
18. Indemnity - General
Contractor shall indemnify, defend, hold and save USIP, USIP’s affiliates, and each of its/their
respective agents, successors, assigns, and any and all officers, directors, shareholders, employees or
representatives of any of the foregoing, harmless from and against any loss, claim, liability, judgment,
cost or expense (inclusive of attorney and expert fees), including but not limited to any and all property
damage, delay, business interruption, lost business transactions or opportunities, or lost profits to
Contractor and/or to any one or more third parties and any and all personal injury to Contractor and/or
to any one or more third parties, including death, in the event such loss, claim, liability, cost or expense
to any extent whatsoever (even if any entity other than Contractor is contributory thereto) arises from or
relates to any act or omission of Contractor, its employees or affiliates in connection with the Work.
Contractor waives any right to assert immunity from these obligations under any workers’ compensation
or other employee benefit statute.
19. Damages / Limitation of Liability
In no event shall USIP or any of its affiliates, representatives or any directors, officers, or employees of
any of the foregoing be liable to contractor or any of its lower tier subcontractors, whether based on
delay, contract, tort, negligence, warranty, indemnity, strict liability, error or omission or otherwise, for
any consequential, special, incidental, indirect, exemplary, multiple or punitive damages or damages
arising from or in connection with loss of use or loss of revenue or profit, actual or anticipated or
otherwise, and contractor hereby releases USIP, and its respective affiliates, representatives, directors,
officers and employees from any such liability.
In no event shall USIP be liable to contractor, regardless of cause, for any amount in excess of the total
amount of this Agreement.
20. Insurance (for Contracts above $100,000.00)
Unless otherwise agreed to in writing, Contractor will procure and maintain during the period that this
Agreement remains in force insurance coverages with limits of not less than those designated below,
and which shall provide for written cancellation notice at least thirty (30) in advance of such event:
(a) Workers’ Compensation insurance as is required by the jurisdiction in which the contract is to be
performed; and Employer’s Liability insurance with limits of not less than the following:
(i) $500,000 trauma, each accident
(ii) $500,000 disease, each employee
(iii) $500,000 disease, policy limit
(b) Commercial General Liability. The general liability policy shall include the following coverage:
(i) Coverage for the acts of independent contractors;
(ii) Coverage for claims arising out of products, ongoing and completed operations, which shall be
maintained for at least twelve (12) months after completion of the Services to be provided under
this Agreement;
(iii) Coverage for liability assumed under this Agreement;
(iv) Personal and Advertising Injury Liability;
(v) An endorsement providing additional insured status to the Endowment of the United States
Institute of Peace, the United States Institute of Peace, their directors, officers, employees and
agents. Such coverage as provided thereunder to the additionally-insured parties is to be
considered as primary, not contributing with or in excess of any other coverage that may
otherwise be available to those additional insureds.
(vi) If the nature of the work to be performed by Contractor involves any of the construction trades,
the aggregate limit will apply on a per project basis.
The general liability policy shall have the following minimum coverage levels:
(i) $2,000,000 combined single limit, general aggregate.
(ii) $1,000,000 combined single limit, each occurrence, products and completed operations.
(iii) $1,000,000 per offense personal injury.
(iv) $1,000,000 combined single limit each occurrence, bodily injury and property damage liability.
(c) Business Automobile Liability. Coverage must apply for any automobile, whether owned, non-owned or
hired:
(i) $1,000,000 each accident combined single limit, bodily injury and property damage liability.
(d) Umbrella or Excess Liability. In addition to the above primary limits, Umbrella or Excess Liability
Insurance with limits of not less than the following:
(i) $1,000,000 each occurrence.
(ii) $1,000,000 general aggregate.
(iii) $1,000,000 products/completed operations aggregate limit.
Such Umbrella or Excess Liability policy shall contain a provision that it will not be more restrictive
than the primary insurance.
(e) Professional Liability/Errors & Omissions. If Contractor is required to perform services of a
professional nature (such as accounting, computer consulting or legal), it must in addition to the above
requirements, maintain Professional/Errors & Omissions Liability coverage for loss arising out of
Contractor’s professional liability in the capacity for which it is being hired, with the limit of liability
being at least $1,000,000 each claim, $1,000,000 annual aggregate. The retroactive date of such policy,
if applicable, must be on or before the date of this Agreement. Such coverage must be maintained for a
period of at least three (3) years following completion of the Contractor’s services to be performed
under this Agreement.
All policies of insurance required under this Agreement, with the exception of Workers’ Compensation
and Professional Liability, shall be endorsed to provide additional insured status to the Endowment of
the United States Institute of Peace, the United States Institute of Peace, their affiliates, directors,
officers, employees and agents. Such coverage as provided thereunder to the additionally-insured parties
is to be considered as primary, not contributing with or in excess of any other coverage that may
otherwise be available to those additional insureds.
All policies of insurance required under this Agreement shall contain a waiver of subrogation in favor of
the same parties shown as additional insureds above.
At the time of commencement of services under the Agreement, certificates of insurance evidencing
compliance with the requirements in this Section shall be provided. The Contractor shall provide the
Owner with updated certificates within five (5) days after the Owner’s request.
Contractor will require the same insurance coverage and limits from its subcontractors as required of it,
and upon request of USIP, will require its lower-tier subcontractors to certify insurance coverage to
USIP.
USIP, by requiring the insurance coverage(s) listed above, in no way limits the obligations or liabilities
of Contractor assumed elsewhere in this Agreement. Deductibles, if any, are for the account of
Contractor.
21. Taxes
Contractor shall be responsible for the reporting and payment of all taxes which become payable by
operation of law or contract and shall save USIP harmless from all liability, loss, and expense resulting
from Contractor’s failure to comply with all requirements of such laws or contracts.
22. Disputes, Continuation of Work
In the event a dispute arises between USIP and Contractor regarding the application or interpretation of
any provision of the Agreement, or with respect to an alleged breach of the Agreement, the aggrieved
party shall give notice in writing to the other party and the parties shall negotiate in good faith and
attempt to resolve such dispute. If the parties fail to resolve the dispute within thirty (30) days after
delivery of such notice, or during such longer period to which they may agree in writing, each party
shall have the right to pursue any and all remedies available to it under the law.
Notwithstanding the existence of a dispute between USIP and the Contractor and regardless of whether
such dispute is the subject of dispute resolution pursuant to this paragraph, Contractor shall not be
entitled to suspend or otherwise delay its performance of the work.
23. Governing Law, Jurisdiction, and Venue
This Agreement, and any disputes arising under or related to this Agreement, shall be governed by and
construed in accordance with the laws of the District of Columbia, excluding any provisions or principles
thereof which would require the application of the laws of a different jurisdiction.
24. Force Majeure
If performance of any obligation hereunder by the Contractor or USIP is prevented, rendered impossible
or unfeasible, by act of God (e.g., flood, earthquake, tornado, fire, etc.), an act or regulation of any public
authority, civil disturbance, strike, lock-out or labor dispute (whether or not involving Contractor or
USIP), epidemic, interruption or delay of transportation services, war conditions or emergencies,
terrorism, or any cause beyond the control of the parties (collectively, “Force Majeure Occurrence”), such
performance shall be required only up to the time of such Force Majeure Occurrence, and there shall be no
claim for damage by Contractor or USIP arising from termination of this Agreement or a delay in work,
and the contracted obligations of the parties from and following the Force Majeure Occurrence shall be
deemed waived.
25. Anti-Deficiency
Contractor acknowledges that USIP is a quasi-official organization authorized by Congress under the U.S.
Institute of Peace Act, 22 U.S.C. 4601-11, and that USIP is subject to statutory limits on its contracts and
expenditures. Notwithstanding any other provision of this Contract, no payment owed by USIP under this
Contract shall be due or made by USIP if no appropriation or appropriation authority exists for such
payment.
26. Invoicing and Payments
An invoice with the contract number specified on the Purchase Order for this Agreement must be
submitted by the Contractor to invoices@usip.org no later than one (1) year from the end date of this
Agreement. Items or services must be accepted by USIP before invoices will be paid. Payment will be
made within thirty (30) days of receipt and acceptance of a proper invoice as described in FAR 32.905(b).
27. Prohibition on Certain Telecommunications and Video Surveillance Services or
Equipment
Contractor represents that it will not provide, whether directly or by subcontract or other arrangement,
covered telecommunications equipment or services to USIP in the performance of this contract or in any
extension or modification of this contract. Contractor further represents that it does not use anywhere in
its business operations, whether directly or by subcontract or other arrangement, any equipment, system,
or services that use covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system.
Contractor shall notify USIP within one business day of learning that covered telecommunications
equipment or services have been provided to USIP or are being used by Contractor, whether directly or
by subcontract or other arrangement.
For purposes of this section, “covered telecommunications equipment or services” means (1)
telecommunication or video surveillance equipment or services produced or provided by Huawei
Technologies Company or ZTE Corporation (including subsidiaries and affiliates of either); and (2)
equipment or services used specifically for national security purposes provided by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua
Technology Company (including subsidiaries and affiliated of any of them).
28. Contract Execution
This Agreement is considered executed and the terms are therefore legally binding for both parties once a
Purchase Order has been issued by a USIP Authorized Representative and the Contractor begins providing
services or goods.