11.1 - OVERSEAS TECH ASSIST SUPPORT SOW FINAL.pdf

Federal Trade Commission

Office of International Affairs

Overseas Technical Assistance Program Support Services

Ukraine Project

Statement of Work

(SOW)

Overseas Technical Assistance Program -Ukraine Project

Table of Contents

1.0 INTRODUCTION

2.0 BACKGROUND

3.0 STATEMENT OF NEED

4.0 SCOPE OF WORK

5.0 REQUIRED TASKS

5.1 – TECHNICAL ASSISTANCE SUPPORT SERVICES

5.1.1 - PERFORMANCE ANALYSIS

5.1.2 - INTERPRETATION-TRANSLATION SERVICES

5.1.3 - PROFESSIONAL SERVICES ASSISTANT

5.1.4 - SENIOR ADVISOR

5.2 – HOUSING, UTILITIES, AND TRANSPORTATION SUPPORT SERVICES

5.2.1 – HOUSING AND UTILITIES

5.2.2 - TRANSITION TO UNITED STATES EMBASSY HOUSING

5.2.3 - TRANSPORTATION

6.0 KEY PERSONNEL

6.1.1 INTERPRETER/TRANSLATOR

6.1.2 PROFESSIONAL SERVICES ASSISTANT

6.1.3 SENIOR ADVISOR

7.0 DELIVERABLES

7.1 - SCHEDULED REPORTS

7.2 - AD HOC REPORTS

1.0 INTRODUCTION

The Federal Trade Commission (FTC) was created on September 26, 1914 when President

Woodrow Wilson signed the Federal Trade Commission Act into law; its purpose was to prevent unfair methods of competition in commerce as part of the battle to “bust the trusts.” In 1938, Congress extended the FTC’s mandate to consumer protection more broadly by directing it to prevent “unfair or deceptive acts or practices” in commerce. Over the years, Congress passed additional laws giving the agency greater authority to police anticompetitive, unfair, or deceptive conduct. The FTC has enforcement or administrative responsibility under more than 70 laws.

The FTC also has authority to adopt industry-wide trade regulation rules, and it administers and enforces numerous rules. The FTC is a bipartisan federal agency with a unique dual mission to protect consumers and promote competition.

The FTC’s mission is to protect consumers by preventing anticompetitive, deceptive, and unfair business practices, enhancing informed consumer choice and public understanding of the competitive process, and accomplishing this without unduly burdening legitimate business activity.

2.0 BACKGROUND

The Office of International Affairs (OIA) leads and coordinates the FTC’s work in international antitrust, consumer protection, and international technical assistance projects.

OIA works with competition and consumer protection agencies around the world to promote cooperation and convergence toward best practices, building a strong network of cooperative relationships with its counterparts abroad. OIA works closely with foreign law enforcement agencies on investigations and cases that affect U.S. consumers through arrangement and agreements with consumer protection enforcement agencies in foreign countries, and through multilateral organizations.

Additionally, OIA actively assists developing countries in their transition to market-based economies and their development of competition and consumer protection agencies. OIA provides advice to such agencies and, in partnership with the Antitrust Division of the

Department of Justice, operates a technical assistance program which includes placing experienced attorneys and economists as resident advisors to conduct short-term training workshops, provide on-the-job training, and help develop the investigative and analytical skills of the local agency staff.

Under interagency agreement AID-EGEE-T-16-00004 (Modification 1) with the United States

Agency for International Development (USAID), the Office of International Affairs provides a broad-based technical assistance program, known as the Competitive Markets Program (CMP) to enhance the ability of the Antimonopoly Committee of Ukraine (AMCU) and related institutions to effectively apply Ukraine’s competition law and policy in accordance with sound economic principles.

3.0 STATEMENT OF NEED

The Office of International Affairs has a need to obtain the services of a qualified contractor to provide in-country support to Federal Trade Commission personnel and/or advisors in the performance of their mission, specifically tasks related to FTC’s international technical assistance program.

4.0 SCOPE OF WORK

The contractor shall provide logistic and support services related to:

Technical Assistance Support Services

Housing, Utilities, and Transportation Support Services

5.0 REQUIRED TASKS

For the duration of the award, the contractor shall provide support, personnel, and materials necessary to complete the required tasks noted below.

5.1 – TECHNICAL ASSISTANCE SUPPORT SERVICES

5.1.1 - PERFORMANCE ANALYSIS

The contractor shall collect, analyze, and deliver performance measurement data related to the effectiveness of FTC implementation of the technical assistance program and related support provided to Antimonopoly Committee of Ukraine (AMCU)1.

The contractor shall:

Using methodology approved by FTC, develop a survey and interview questions to assess pre-and-post program performance of the AMCU;

Provide an analysis of AMCU effectiveness prior to implementation of FTC’s technical assistance program support, making recommendations as necessary;

Provide an analysis of AMCU effectiveness during implementation of FTC’s technical assistance program support, making recommendations as necessary; and

Provide an analysis of AMCU effectiveness after implementation of FTC’s technical assistance program support, making recommendations as necessary.

1Note: Pre-implementation surveys were completed during the performance of the previous contracts (29FTC116P0011 and 29FTC120C0014). The contractor may, with FTC approval, use the survey data collected from those contracts.

5.1.2 - INTERPRETATION-TRANSLATION SERVICES

The contractor shall provide a single, dedicated individual to provide interpretation and translation services to FTC personnel and/or advisors during normal working hours and, occasionally for special events outside of normal working hours as agreed by FTC and the contractor.

All communication and related notes shall be maintained in confidence and in accordance with

FTC’s non-disclosure requirements and regulations. All interpreter-translator notes are the property of the FTC and shall be turned over to the FTC.

When traveling outside of Kyiv, but within Ukraine, the interpreter-translator shall adhere to all

FTC travel guidelines and regulations and travel must be approved by FTC prior to actual travel.

If the assigned interpreter-translator is unable to travel, the contractor shall, with FTC approval, provide a local individual to provide the required services.

The interpreter-translator shall:

Maintain a professional working relationship with FTC personnel, advisors, and local counterparts;

Be knowledgeable of competition subject matter and terminology;

Provide accurate translation of project related documentation;

Provide high-standard consecutive interpretation for FTC personnel and/or advisor during meetings and workshops;

Provide, to the extent feasible, simultaneous interpretation during special events;

Facilitate communication and liaison with counterparts, including setting up of meetings;

Ensure proper documentation and record keeping of project files (i.e., work papers, files, notes, and other documents)

Assist the advisors in accomplishment of routine tasks (i.e., answering phones, setting up meetings, making small FTC approved purchases (tickets, supplies)).

5.1.3 - PROFESSIONAL SERVICES ASSISTANT

The contractor shall provide a single, dedicated individual to provide professional services, as necessary, related to competition law to FTC personnel and/or advisors during normal working hours and, occasionally for special events outside of normal working hours.

The nature of the specific duties will vary depending on the needs of the CMP, the priorities of the AMCU and advisors, and legal, regulatory, and economic developments in Ukraine that may be difficult to predict. Flexibility in executing the goals of the program will be essential.

All communication between the professional assistant and FTC personnel and/or advisors is confidential and subject to FTC non-disclosure policy and regulations. Any notes, texts, reports, or documents produced by the professional assistant in support of the FTC are the property of and shall be turned over to the FTC.

Any travel outside of Kyiv, but within Ukraine, by the professional assistant is subject to all FTC travel rules and regulations and must be approved by the FTC prior to actual travel.

The professional services assistant shall:

Serve as liaison to other USAID projects and Government of Ukraine institutions, as agreed with advisors;

Arrange meetings between stakeholders and the advisors as needed, providing assistance before, during, and after the meetings as required;

Assist in the organization of special events, roundtables, presentations planned by the program;

Analyze documents and other information to understand their relationship to competition law and policy for discussion with FTC personnel and/or advisors;

Provide assistance to program advisors to understand how their work interacts with the larger

Ukraine government, economy, and society and the structure of particular markets; offering insightful advice, to conduct research, and to reach out to other knowledgeable individuals as the situation demands;

Translate and draft explanatory notes and text;

Ensure that electronic and/or physical documents, records, and notes are properly and securely maintained; and

Provide interpreter/translator service as required2

2Note: While formal training and skills in interpretation and translation are not required, the professional services assistance may be called upon to assist in these areas in the absence of the

CMP Program interpreter/translator.

5.1.4 - SENIOR ADVISOR

The contractor shall also make available and provide, on an as-needed basis, a senior Ukrainian lawyer who is familiar with Ukrainian competition legislation and practice and with principles of

Ukrainian legislative drafting. The lawyer must be free of any conflicts of interest with the

AMCU and must be approved by the FTC. If a need for a senior advisor arises, the FTC will make a formal request to the contractor in email.

5.2 – HOUSING, UTILITIES, AND TRANSPORTATION SUPPORT SERVICES

5.2.1 – HOUSING AND UTILITIES

All provided housing shall be apartment-styled and located in Kyiv, Ukraine in neighborhoods specified by the FTC and approved by the United States Embassy. All housing units shall be of a comparable quality to similar units available in the United States and/or Western Europe. All housing shall include all security requirements and upgrades as required by the United States

Embassy.

The terms and conditions of housing, including application fees, rent charges, miscellaneous fees, termination terms and fees, security deposits utility charges, agent fees and other costs will be negotiated by FTC and the contractor prior to FTC’s acceptance of any housing lease. Any advance funding provided to the contractor by FTC for security deposits, or other fees, shall be refunded by the contractor by deducting the cost from submitted invoices minus any legitimate charges that have been reviewed and approved by the designated Contracting Officer’s

Representative.

The contractor shall provide the FTC with a copy of the lease/rental agreement for any housing provided during performance of this contract. A copy of the most current lease/rental agreement shall be provided to the FTC each time new housing is obtained. The contractor shall inform the

FTC of all changes to lease/rental fees and rates in advance and in writing.

The contractor shall provide the FTC with a copy of each month’s utility bill(s), to be submitted with the invoice.

Provided housing shall include the following amenities:

Non-smoking unit

Air-conditioning (warm season) and heating (cool season)

Hot water

High speed internet access (wired or wireless)

Landline with telephone (if requested by FTC)

Private bathroom, furnished with towels (bathmat, washcloth, hand, and bath towels)

Furnished separate living area with a working television that includes a cable package, work desk, and sitting space

Bedroom with at least one double-size (or larger) bed, closet, clothing storage unit, and bed linens

Separate kitchen space with basic cooking tools (pots, pans, utensils, dishes, glasses, mugs, containers), refrigerator, microwave, stove top, oven, and food storage area/cabinet

In addition to identifying and obtaining housing, the contractor shall:

Conduct inspections of all prospective housing units and property prior to signing leases/agreements

Ensue all pre-move actions (security deposit, rent, utility notification) are completed prior to actual move in by FTC personnel and/or advisors

Liaison between housing management and FTC, working to resolve any housing issues

(maintenance, repair)

Comply with all lease/housing agreement terms (submission of security deposits, rent and utility payments by due date, notice of intent to vacate)

5.2.2 - TRANSITION TO UNITED STATES EMBASSY HOUSING

During the performance of this contract, the United States Embassy may become responsible for identifying and procuring housing for FTC personnel and/or advisors. If that should happen, the contractor shall coordinate with embassy personnel and/or FTC to transfer existing leases from the contractor to the United States.

5.2.3 - TRANSPORTATION

The contractor shall facilitate initial move-in by FTC personnel and/or advisors at the airport and providing transportation to contractor-provided housing or interim accommodations (i.e., temporary stay at a hotel). Provided transportation shall be a private vehicle. Taxi service may be used only when an interpreter or other contractor staff is in attendance.

6.0 KEY PERSONNEL

Certain skilled, experienced professional and/or technical personnel are essential for accomplishing the tasks detailed in this statement of work. These individuals are defined as "key personnel”.

The FTC reserves the right to review employees’ resumes and qualifications for key personnel positions prior to acceptance of individuals proposed for assignment.

In the event of key personnel departures, the contractor shall provide immediate and complete mission and functional coverage until replacements are available. These replacements are required within 30 days after departure of the key personnel. The contractor shall obtain FTC approval of the replacement key personnel.

For the overall purpose of this effort, the following positions are designated as key personnel:

Interpreter/Translator

Professional Services Assistant

Senior Advisor

6.1.1 INTERPRETER/TRANSLATOR

The interpreter/translator provides Ukrainian interpretation and translation services to FTC personnel and/or advisors as necessary.

At a minimum, the interpreter/translator shall possess the necessary skill set to:

Read and rewrite technical documents in specified language, following established rules pertaining to factors such as word meanings, sentence structure, grammar, punctuation, and mechanics

Serve as interpreter at seminars, speeches, meetings, teleconferences, and symposia, providing consecutive or simultaneous translation between languages; providing interpretations of questions, answers, statements, arguments, explanations, and other forms of verbal communication

Listen to complete statements in one language, translates to second, and translates responses from second into first language; expresses either approximate or exact translation, depending on nature of occasion

In simultaneous interpreting, renders oral translation of material at time it is being spoken

If necessary, receives briefing or prepares through reading and study on subject to be discussed prior to interpreting session

6.1.2 PROFESSIONAL SERVICES ASSISTANT

The professional services assistant shall perform duties necessary to advance the work of FTC personnel and/or advisors and the AMCU.

At a minimum the professional services assistant shall:

Have legal and/or economic experience and training, or professional experience, related to competition law and policy

Be fluent (reading, writing, speaking, listening) in English and Ukrainian or Russian with enough proficiency to understand complex competition law policy and issues

6.1.3 SENIOR ADVISOR

The individual designated as the senior advisor shall be a Ukrainian lawyer with extensive familiarity with Ukrainian competition legislation and all legislation affecting the work of the

AMCU. The senior advisor shall also have a general familiarity antitrust legislation in the

European Union and some familiarity with antitrust legislation in the United States.

The senior advisor shall have the ability to draft proposed Ukrainian legislation and to comment insightfully on draft legislation proposed by others. The senior advisor must not have any conflicts of interest with the AMCU, e.g., must not be currently practicing before the AMCU and must not have any current arrangements that would lead to such practice.

The senior advisor will work on an “as needed” basis and will not have guaranteed hours.

7.0 DELIVERABLES

All deliverables are due to the Contracting Officer’s Representative (COR) using Microsoft

Office Suite (Word, PDF, Excel) and delivered electronically via email.

7.1 - SCHEDULED REPORTS

Unless specified, all schedule reports and deliverables are due to the COR no later than the fifth of each month for the previous month (i.e., April activity report is due no later than May 5th).

The following scheduled reports are required in the performance of this award:

Report Name Frequency Due

Pre-program Analysis Once No more than 30 calendar days after award

Interim-program Analysis Once As agreed by COR and contractor

Final-program Analysis Once No later than the last day of contract performance

Monthly services performed Monthly No later than the 5th of each month for previous month’s activities

Hours billed Monthly No later than the 5th of each month for previous month’s billing

1) Pre-program Analysis – report detailing the effectiveness of AMCU’s ability to apply and/or enforce Ukraine’s anti-competition law and policy prior to FTC’s involvement. The report should include any survey and/or interview material (if applicable).

2) Interim-program Analysis - report detailing the effectiveness of AMCU’s ability to apply and/or enforce Ukraine’s anti-competition law and policy. The report should include any survey and/or interview material (if applicable).

3) Final-program Analysis - report detailing the effectiveness of AMCU’s ability to apply and/or enforce Ukraine’s anti-competition law and policy after program support has ended.

The report should include any survey and/or interview material (if applicable).

4) Hours Billed – prior to submission, should be submitted to the senior FTC advisor in Kyiv for approval.

7.2 - AD HOC REPORTS

The COR may request ad hoc reports detailing the contractor’s analyses, recommendations, findings, cost estimates/budgets, and progress for activities performed. The government anticipates approximately one (1) ad hoc request, on average, per month.

At the time of request, the COR will provide the report topic/contents, requirements, format, and due date to the contractor. Required delivery dates for ad hoc reports will be negotiated by the

COR and contractor with no less than five calendar days allowed for completion ad hoc requests.