COI & PROCUREMENT POLICY

PART A — Conflict‑of‑Interest (COI) Policy

A1. Purpose

Eyumema USA safeguards objective, fair, and transparent decision‑making. This policy establishes written standards of conduct covering conflicts of interest and governing the actions of personnel engaged in the selection, award, and administration of contracts, subawards, and other organizational decisions.

A2. Scope

This policy applies organization‑wide and especially to anyone participating in planning, solicitation, evaluation, selection, award, administration, or oversight of procurements or subawards funded in whole or in part with Federal assistance (including USAID) or cost share.

A3. Definitions

• Conflict of Interest (COI): A real, potential, or apparent conflict exists when a personal, family, financial, or organizational interest could impair or appear to impair an individual’s objectivity or independence in organizational decisions.

• Immediate Family/Close Relations: Spouse or domestic partner; parents/stepparents; children/stepchildren; siblings/stepsiblings; in‑laws; any person in the individual’s household; or any business in which such persons have a financial interest.

• Financial Interest: Any direct or indirect compensation, investment, ownership, option, debt, gift, or promise of future employment, including non‑de minimis travel or hospitality.

• Organizational Conflict of Interest (OCI): Situations in which Eyumema USA or any of its agents has (i) biased ground rules (helped draft specs and can benefit), (ii) impaired objectivity, or (iii) unequal access to non‑public information that could affect a procurement or subaward decision.

A4. Standards of Conduct

1. No participation with COI. No covered person may participate in any procurement, subaward, or organizational decision if a real, potential, or apparent COI exists. Recusal is mandatory until resolved.

2. Gifts & gratuities. Personnel must not solicit or accept gifts, favors, loans, fees, or anything of monetary value from present or prospective suppliers, subrecipients, or applicants. Nominal items (≤ $20 per occurrence; ≤ $50 annually per source) are permissible only where not from vendors/applicants and where acceptance would not create an appearance of impropriety. Cash or cash equivalents are prohibited.

3. Outside employment & post‑employment. Prior written disclosure and approval are required for any outside role with a current or prospective vendor/subrecipient. A one‑year cooling‑off period applies before negotiating employment with an entity over which the individual had procurement/subaward decision authority.

4. Family and personal relationships. Personnel must disclose if an immediate family member or close relation is employed by, owns, or represents a vendor or subrecipient. Hiring or contracting involving family requires independent review and approval; persons with such ties are recused from all related actions.

5. Use of non‑public information. Personnel must not use or disclose non‑public or source‑selection information for private gain or to give an unfair advantage.

6. Organizational conflicts. Eyumema USA will avoid OCIs and, where unavoidable, will implement written mitigation (e.g., firewalls, exclusion from competitions, disclosure to USAID, independent validation).

A5. Disclosure, Review, and Recusal

• Annual certifications. All covered persons complete an Annual COI Disclosure (Appendix A). Updates are due within 10 calendar days of any change.

• Transaction‑specific disclosures. Prior to any procurement evaluation or award decision, evaluators sign a COI & Non‑Disclosure Statement (Appendix B). Any potential COI triggers immediate recusal and written mitigation.

• Reporting to USAID or pass‑through. When required or if a COI cannot be satisfactorily mitigated, the Compliance Officer will disclose in writing to the Agreement Officer/Prime per Federal policy before proceeding.

A6. Investigations, Sanctions, and Whistleblowing

• Allegations are investigated by the Compliance Officer (or an independent designee). Violations may result in removal from duty, disciplinary action up to termination, rescission of awards, and referral to authorities when appropriate.

• Eyumema prohibits retaliation against any person who, in good faith, raises a COI concern or participates in an investigation.

A7. Records

All COI disclosures, recusals, mitigation plans, determinations, and related correspondence are retained ≥ 3 years from the final financial report (or longer if litigation/audit is ongoing), consistent with record‑retention rules.

PART B — Procurement Policy (Uniform Guidance)

B1. Purpose

To ensure fair, open, and value‑for‑money procurement of goods and services, consistent with Uniform Guidance and USAID terms.

B2. Roles & Segregation of Duties

• Requestor (program): defines need/specification and independent cost estimate (ICE).

• Procurement (supply chain): manages solicitations, competition, documentation, and contract administration.

• Technical Evaluators: score offers per published criteria; sign conflict & NDA statements.

• Finance: confirms funds availability and conducts price/cost checks.

• Approving Official: awards within delegated authority, separate from the Requestor.

B3. Ethics & COI

All participants must comply with Part A (COI Policy). Any real/apparent COI triggers recusal and documentation.

B4. Competition & Methods

Procurements are conducted to provide full and open competition, avoid unfair competitive advantage, and prohibit geographic/preferences unless allowed by award terms.

B4.1 Informal Procurement (≤ Simplified Acquisition Threshold)

• Micro‑purchases (≤ Eyumema’s micro‑purchase threshold, default $10,000): may be awarded without soliciting competitive quotations if the price is reasonable and the purchase is distributed among qualified suppliers when practicable. Eyumema may self‑certify a higher micro‑purchase threshold up to $50,000 annually with written justification and documentation; increases over $50,000 require approval by the cognizant agency for indirect costs.

• Simplified acquisitions (> micro‑purchase and ≤ Simplified Acquisition Threshold (SAT)): obtain price/rate quotes from an adequate number of qualified sources (normally ≥ 3 when practicable). Use written solicitations with clear specifications and evaluation criteria.

B4.2 Formal Procurement (> SAT)

• Use Sealed Bids (preferred for construction) or Competitive Proposals (RFP) with public notice; include clear technical requirements and evaluation factors.

B4.3 Noncompetitive Procurement (allowed only when):

1. aggregate amount ≤ micro‑purchase threshold;

2. single source;

3. public exigency/emergency prevents delay;

4. written approval from the Federal agency/pass‑through; or

5. after soliciting several sources, competition is inadequate.
   All sole‑source actions require a Sole‑Source Justification (Appendix C) and, when above SAT, cost analysis.

B5. Socio‑economic & Domestic Preferences

• Take affirmative steps to include small, minority, women‑owned, veteran‑owned, and labor‑surplus‑area firms in solicitations and awards (e.g., diverse bidder lists, outreach, breaking requirements into smaller tasks when feasible).

• Apply domestic preferences for goods and materials to the greatest extent practicable and consistent with law and award terms. When USAID imposes Source & Nationality rules (e.g., 22 CFR 228), those rules govern over domestic preferences.

B6. Source & Nationality (USAID)

When the award includes USAID Geographic Code or Source & Nationality restrictions, Eyumema will:

• Include the applicable Geographic Code in solicitations and contracts;

• Verify supplier nationality and commodity source eligibility;

• Maintain documentation and any waivers; and

• Flow down restrictions to subcontracts.

B7. Prohibitions & Eligibility Checks

• Suspension & Debarment: Eyumema will not enter into contracts (or subawards) with parties suspended, debarred, or otherwise excluded. SAM.gov checks are conducted and documented for all awards ≥ $25,000 (and for lower amounts when risk warrants).

• Covered Telecom/Video Surveillance: Eyumema will not procure or extend/renew contracts for covered equipment or services (e.g., Huawei, ZTE, Hikvision, Dahua, Hytera), and will obtain supplier certifications and conduct due diligence.

• Anti‑terrorism & restricted parties: When required by USAID standard provisions, Eyumema will screen contractors and subrecipients against applicable lists and obtain required certifications.

B8. Environmental & Sustainability

• For designated items, procure products with recovered materials and consider reusability, recycled content, biobased content, and energy/water efficiency when practicable and consistent with award terms.

B9. Travel & Shipping

• Air travel and air cargo funded by the award must use U.S.‑flag carriers except as allowed by the Fly America Act and applicable Open Skies Agreements. Documentation of any exception is required in the procurement file.

B10. Cost/Price Analysis & Independent Cost Estimate (ICE)

• For every procurement > SAT, Eyumema performs a cost or price analysis appropriate to the facts and maintains documentation.

• Prior to issuing a solicitation, the Requestor prepares an Independent Cost Estimate (ICE).

• Price analysis compares prices/quotes; cost analysis reviews separate cost elements and profit for noncompetitive awards or where price analysis is insufficient.

B11. Contracts — Minimum Terms & Bonding

• Contracts must include all applicable clauses required by Appendix II to 2 CFR 200 (e.g., remedies, termination for cause/convenience, EEO as applicable, Davis‑Bacon if required by program legislation, Contract Work Hours & Safety Standards Act, Clean Air/Water, debarment language, Byrd Anti‑Lobbying, procurement of recovered materials, etc.).

• Construction or facility improvement contracts: require bid bond (≥5%), performance bond (100%), and payment bond (100%) unless the Federal agency/pass‑through accepts Eyumema’s alternative bonding policy and determines the Federal interest is adequately protected.

B12. Documentation & Records

Each procurement file must contain (as applicable):

• Requisition and ICE; funding approval; method of procurement; solicitations; proof of public notice (if formal); bidder list and outreach; conflict & NDA forms; evaluation plan, scores, and determination of responsibility; SAM check; domestic preference/Source & Nationality analysis when applicable; price/cost analysis; negotiation memo; award decision; contract with required clauses; bonds/insurance; kick‑off and acceptance documentation; change orders; invoices and payment approvals.

• Retention: Keep all records ≥ 3 years from the date of the final financial report (longer if required by award, if real property/equipment is involved, or if an audit/litigation is ongoing).

B13. Protests, Complaints, and Disputes

• Eyumema maintains a Bid Protest Procedure: timely written protests go to the Procurement Director; an independent review and written decision will be issued; remedies include corrective action or re‑competition where warranted. Nothing limits rights granted by law or Federal terms.

B14. Training & Monitoring

• Annual training on COI and procurement standards is mandatory for all personnel engaged in procurements.

• Compliance conducts periodic file reviews and reports results to the Board’s Audit/Finance Committee.

B15. Exceptions & Deviations

• Any exception or deviation from this policy requires written approval by the Compliance Officer and Executive Director, and when required, by the USAID Agreement Officer/pass‑through entity.

B16. Effective Date & Revision History

• Version 1.0 — [Sept, 9, 2020]. Future revisions will be logged here.