ENCL_-_DSR_PWS_Invoice_Review_Consultancy_1131PL20RCP11027.pdf

SECTION D – ANY CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

D.1. PERFORMANCE WORK STATEMENT (PWS)

DESK STUDY FOR INVOICE REVIEW CONSULTANT FOR A TELECOMMUNICATIONS

INFRASTRUCTURE FEASIBILITY STUDY AND PILOT PROJECT IN SUB-SAHARAN

AFRICA

D.1.1. OVERVIEW

The U.S. Trade and Development Agency (USTDA) is a foreign assistance agency that delivers its program commitments through grants and contracts. The projects supported by USTDA activities represent strong and measurable development priorities in the host country and offer opportunities for the sale of U.S. goods and services. Requests for USTDA assistance are made by either public or private sector project sponsors for implementation in developing and middle income countries.

D.1.2. SCOPE OF WORK

USTDA requires services under this non-personal services Desk Study Review (“DSR”) contract to support its decision-making relative to assessing the completeness of the work performed and deliverables submitted to a Grantee by a Feasibility Study/Pilot Project Contractor (“Pilot Contractor”) for a telecommunications infrastructure pilot project in Sub-Saharan Africa. The Contract will fund the services of an independent technical expert to conduct a thorough DSR of the work product completed by the Pilot Contractor.

USTDA approved funding for a feasibility study and pilot project (“Pilot”) for a connectivity project in Sub-Saharan Africa. USTDA seeks to contract with an independent third-party Invoice Review Consultant to conduct a technical assessment of certain deliverables for this activity as specified below. The consultant shall conduct a technical assessment of each of the following project deliverables:

• Network Development Report

• End-User Management and Activation task deliverables, including Customer Relationship

Management (“CRM”) and Billing Systems Technical Design, CRM and Billing Systems Bill of Materials, CRM and Billing Systems Management Reports, Hotspot Monitoring Report, User Access Procedures Manual, User Feedback Report, Activation and Migration Statistics, and three Monthly Network Usage Reports

• Regulatory and Legal Framework Review

Specifically, the Invoice Review Consultant shall: (i) review the three milestone deliverables and invoices referenced above; and (ii) provide a brief report to USTDA stating a determination of whether the deliverable was completed in accordance with the Terms of Reference or if there are any deficiencies the Pilot Contractor needs to address. The report shall include a recommendation as to whether it would be appropriate to accept the deliverable and corresponding invoice. It should be noted that only three of the thirteen milestone deliverables under this Pilot will be included under this DSR.

The Invoice Review Consultant shall submit all deliverables under this contract to the Contracting Officer’s Representative (“COR”) according to the schedule detailed below. The Period of Performance for this Contract shall be twelve months from the date of the Contracting Officer’s signature on the Contract.

D.1.3. PROJECT PROFILE

In 2019, USTDA provided a grant for a Pilot aimed at expanding internet connectivity in Sub- Saharan Africa. The Pilot will test the viability of connectivity infrastructure at three sites in Sub- Saharan Africa, as well as produce a business plan, a financing plan, and a white paper. These documents will be used to promote the development of networks that improve connectivity in rural and semi-rural areas.

The Invoice Review Consultant will review three milestone packages (including the above-referenced deliverables and the corresponding invoices) to ensure that the selected Pilot Contractor is fulfilling the Scope of Work of the Contract to a satisfactory level of professionalism and quality.

The Invoice Review Consultant must have a thorough knowledge of standard industry and professional practice on studies of this type and relevant technical expertise in the telecommunications sector.

D.1.4. METHODOLOGY

In the course of carrying out this DSR, the Invoice Review Consultant, the consultant must take the following steps:

1. The Invoice Review Consultant will be provided with a copy of the final Contract executed between the Grantee and the selected Pilot Contractor, and approved by USTDA, that includes detailed information and deliverables for each of the milestones in the Contract.

After reviewing the Contract, contact the Contracting Officer Representative (COR) at

(703) 875-4357 to discuss initial observations and raise any questions or concerns. At this time, USTDA will provide the DSR contractor with additional guidance on the agency’s expectations for this DSR.

2. Upon receipt from USTDA, review each of the three milestone packages in their entirety, carefully reviewing the deliverables to assure their completeness and appropriateness in accordance with the deliverable stated in the Contract approved by USTDA.

3. Based on each review by the Invoice Review Consultant, if any additional information or clarifications are required from the selected Pilot Contractor, the Invoice Review Consultant will contact them directly with a copy of the correspondence to the Contracting Officer Representative at USTDA.

4. Provide to USTDA a short report on whether the milestone deliverables submitted by the Contractor fulfill the Scope of Work of the Contract in a satisfactory manner for each of the packages within ten days of receipt of each package from USTDA. In the event of a recommendation to USTDA not to pay the invoice, the Invoice Review Consultant will be required to submit a follow-up report when the selected Contractor has addressed the concerns raised by the Invoice Review Consultant and re-submitted the milestone deliverable package.

5. After incorporating USTDA’s comments on each of the three above-referenced reports, the Invoice Review Consultant shall provide to USTDA an electronic version of the final version of the report via email and on CD-ROM), along with an invoice (separately for each of the three reports). The reports shall be grammatically correct and free of typographical errors.

D.1.5. DELIVERABLES

The Invoice Review Consultant shall review each of the three invoice and milestone deliverable packages submitted by the selected Pilot Contractor in accordance with the details above. The Invoice Review Consultant will undertake the following tasks for each of the milestone packages as part of this assignment:

1. Review the Contract Scope of Work for the respective tasks covered by the milestone.

2. Review the milestone package submitted by the selected Contractor and compare it with the Contract Scope of Work. The milestone deliverable should satisfactorily fulfill the relevant tasks.

3. Write a short report (3-5 pages) with a description of the deliverable and an analysis of whether USTDA should approve the invoice for payment. If the Invoice Review Consultant recommends not approving the invoice, the reasons for disapproval should be stated in the report.

4. Prepare and complete a copy of the Invoice Review Consultant memo cover sheet with signature in accordance with Annex I of this contract.

Unless otherwise agreed to by USTDA, the Contractor shall submit all reports under this Contract to the COR within two weeks prior to the end of the contract period of performance. If it is anticipated that Project Report(s) cannot be provided within this timeframe, the Contractor shall immediately contact the COR to discuss the reasons for the delay.

D.1.6. QUALITY CONTROL AND PERFORMANCE ASSESSMENT:

D.1.6.1. Quality

The deliverables shall be grammatically and factually correct in all respects, internally consistent, and all statements and tables shall be clear and easily understood by a competent reader, and contain no typographical errors. The Contractor is responsible for quality control actions necessary to achieve quality in the delivery of the required services, which may include the services of a professional editor. The COR will reject a deliverables that does not conform in all respects to the Contract requirements, including but not limited to, the written quality of the Final Report. The Contractor shall correct all deficiencies at no additional cost to the Government.

D.1.6.2. Performance Assessment

During the course of contract period, the COR will track Contractor’s performance. At the end of the performance period, the COR will assess the Contractor’s performance in accordance with FAR 42.15 and report to the Contracting Officer for submission to the Contractor Performance Assessment Reporting System (CPARS).

The COR will consider all pertinent information during the preparation of the Contractor’s performance assessment. The Contractor will be afforded the opportunity to identify factual errors. The COR’s assessment is not subject to negotiation and the COR will not engage in discussions with the Contractor. Any errors identified by the Contractor will be addressed by the Reviewing Official. A copy of the final performance assessment will be available in the Past Performance Information Retrieval System (PPIRS).

D.1.7. CONFIDENTIALITY:

Any and all documents submitted to the Invoice Review Consultant are proprietary documents and should not be distributed without permission from USTDA and the selected Pilot Contractor.

D.1.8. INTELLECTUAL PROPERTY:

This Contract is funded by the United States Government. All intellectual property generated and/or delivered pursuant to this Statement of Work shall be subject to appropriate federal acquisition regulations which entitle the Government to unlimited rights to technical data developed exclusively with Government funds. The Government may: (1) use; (2) disclose; (3) reproduce; (4) prepare derivative works; (5) distribute copies to the public; (6) perform publicly;

and (7) display publicly, the “data” in any manner and for any purpose, and have or permit others to do so (i.e., the Government may sublicense these rights to another contractor). See FAR 52.227-14(a).

D.1.9. IMPARTIALITY:

It is essential that the DSR be conducted with complete impartiality and objectivity and that the Contractor and its Subcontractors not obtain an unfair competitive advantage in USTDA-funded activities resulting from this Contract. In accordance with the principles of FAR Subpart 9.5 and USTDA policy, the Contractor and its Subcontractors, if any, for this Contract shall be ineligible to compete for, as a prime or subcontractor or otherwise, USTDA-funded activities that result from this Contract, unless USTDA through its Office of Acquisition Management, shall have granted a waiver, based upon FAR 9.503, that preclusion of the Contractor or its Subcontractors from the follow-on activity would not be in the Government’s interest. This restriction shall remain in effect for three (3) years from the termination of this Contract or until the awarding of a USTDA-funded feasibility study resulting from this contract. The Contractor is responsible for including this restriction in all subcontracts under the Contract.

D.1.10. COORDINATION WITH OTHER CONTRACTORS:

The government may award other contracts for additional work not prescribed in this contract. The Contractor shall fully cooperate with such other contractors in performance of the requirement herein, and as directed by the Contracting Officer. The Contractor shall not commit or permit any act, which will interfere with the performance of work by any other USTDA Contractor.

D.1.11. PERIOD OF PERFORMANCE:

The Period of Performance for this Contract shall be twelve months from the date of the Contracting Officer's signature on the Contract.

D.1.12. PLACE OF PERFORMANCE:

The places of performance shall be at the Contractor’s facility.

D.2. ATTACHMENTS

ATTCH/ TITLE

EXHIBIT

I Invoice Review Consultant Report Memo Cover Sheet II Invoice Review Consultant Report Outline III Impact on U.S. Labor Statement IV USTDA Nationality Requirements V Required Budget Format VI Task Completion Schedule VII Budget Narrative Requirements

Attachment I - 1

Attachment I

Invoice Review Consultant Report Memo Cover Sheet

For the final invoice package, the Invoice Review Consultant will complete, sign, and submit to USTDA the attached document.

Attachment I - 2

[Invoice Review Consultant Company Letterhead] [Date]

TO: USTDA: [Name of Contracting Officer Representative]

FROM: _______ Invoice Review Consultant: USTDA Activity No. _________

RE: [Telecommunications Infrastructure Project in Sub-Saharan Africa] Feasibility

Study [Selected Contractor] Invoice for Milestone __ Covering Tasks __ Invoice No. ______ Date _______

[Invoice Review Consultant Company] has reviewed the appropriate documents pertaining to the above invoice for the Telecommunications Infrastructure Feasibility Study being performed by [Selected Contractor] including the deliverable submitted by [Selected Contractor] in accordance with the Scope of Work in the Contract between USTDA and [Selected Contractor] and any other supporting documentation submitted by [Selected Contractor].

We hereby APPROVE USTDA payment, in the amount of _____ , to [Selected Contractor] for the successful completion of the above Tasks.

OR

We hereby recommend that USTDA DISAPPROVE payment, in the amount of , to [Selected Contractor] for the above milestone tasks. [Selected Contractor] has been informed of this recommendation, and has been provided with the following report clearly detailing the reasons for disapproval.

By:

Signature Date

Print name

USTDA File - to be filled out by USTDA: [Contracting Officer Representative]

Invoice: ___________ Amount: ___________

Date received: ___________ Reviewed by: ___________

Forwarded to Finance: ___________

Attachment II - 1

Attachment II

Invoice Review Consultant Report Outline

A. Executive Summary

An executive summary of the report's findings and recommendations.

B. Scope of Work

A brief description of the Tasks of the Scope of Work covered by the respective milestone in the Contract between USTDA and the selected Contractor.

C. Review of Report

An assessment of whether the milestone deliverable report fulfills the Tasks of the Scope of Work covered by the respective milestone. The assessment should consider all relevant aspects of the Scope of Work and should give the professional opinion of the Invoice Review Consultant as to whether the work presented in the deliverable is sufficient and acceptable for payment. The assessment should consider all relevant subparts included in the Scope of Work, determine whether documentation and analysis included in the milestone is sufficient to come to the conclusions made in the milestone, and consider standard industry and professional practice on studies of this type.

D. Conclusions and Recommendations

A conclusion as to whether the milestone fulfills the relevant Tasks in the Scope of Work. If it is concluded that the report does not fulfill the relevant Tasks in the Scope of Work, clearly state which areas are deficient in part or in whole and reference the budget for the technical assistance as a guide to determining the cost of the work not done. Submit a recommendation to USTDA to approve or disapprove the invoice.

E. Contacts

A list of individuals contacted during the course of the Invoice Review with their addresses, phone and fax numbers, email addresses, and relevant comments.

Attachment III – 1

Attachment III

Impact on U.S. Labor Statement

The Foreign Operations, Export Financing and Related Programs Appropriations legislation restricts U.S. foreign assistance from being used to provide:

(a) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing such an enterprise to relocate outside the United States if such incentive or inducement is likely to reduce the number of employees of such business enterprise in the United States because United States production is being replaced by such enterprise outside the United States;

(b) assistance for any program, project, or activity that contributes to the violation of internationally recognized workers’ rights, as defined in section 507(4) of the Trade Act of 1974, of workers in the recipient country, including any designated zone or area in that country:

Provided, That the application of section 507(4)(D) and (E) of such Act should be commensurate with the level of development of the recipient country and sector, and shall not preclude assistance for the informal sector in such country, micro and small-scale enterprise, and smallholder agriculture;

(c) any assistance to an entity outside the United States if such assistance is for the purpose of directly relocating or transferring jobs from the United States to other countries and adversely impacts the labor force in the United States; or

(d) for the enforcement of any rule, regulation, policy, or guidelines implemented pursuant to—

(A) the third proviso of subsection 7079(b) of the Consolidated Appropriations Act, 2010;

(B) the modification proposed by the Overseas Private Investment Corporation in November 2013 to the Corporation’s Environmental and Social Policy Statement relating to coal; or

(C) the Supplemental Guidelines for High Carbon Intensity Projects approved by the Export-Import Bank of the United States on December 12, 2013, when enforcement of such rule, regulation, policy, or guidelines would prohibit, or have the effect of prohibiting, any coal fired or other power-generation project the purpose of which is to:

(i) provide affordable electricity in International Development Association (IDA)-eligible countries and IDA-blend countries; and (ii) increase exports of goods and services from the United States or prevent the loss of jobs from the United States.

Attachment IV – 1

Attachment IV

USTDA Nationality Requirements

The purpose of USTDA's nationality, source, and origin requirements is to assure the maximum practicable participation of American contractors, technology, equipment and materials in the pre-feasibility, feasibility, and implementation stages of a project.

Award is limited to U.S. firms or U.S. individuals. Contractor and U.S. subcontractor employees used shall be either U.S. citizens or non-U.S. citizens lawfully admitted for permanent residence in the United States. Contractor use of subcontractors is limited to less than fifty percent of the proposed price. International transportation and insurance must have their nationality, source and origin in the United States. Local lodging, food, and transportation in the host country are not subject to this restriction.

Nationality:

Definitions

A “U.S. individual” is (a) a U.S. citizen, or (b) a non-U.S. citizen lawfully admitted for permanent residence in the United States (a green card holder).

A “U.S. consultant” is (a) a U.S. citizen whose principal place of business is in the United States, or (b) a non-U.S. citizen lawfully admitted for permanent residence in the United States (a green card holder) whose principal place of business is in the United States.

A "U.S. firm" is a privately owned firm that is incorporated in the U.S., with its principal place of business in the U.S., and which is either (a) more than 50% owned by U.S. citizens and/or non-U.S. citizens lawfully admitted for permanent residence in the United States, or (b) has been incorporated in the U.S. for more than three (3) years prior to the issuance date of the request for proposals; has performed similar services in the U.S. for that three (3) year period; employs U.S.

citizens in more than half of its permanent full-time positions in the U.S.; and has the existing capability in the U.S. to perform the work in question.

A partnership that is organized in the U.S., has its principal place of business in the U.S., and is more than 50% owned by U.S. citizens and/or permanent residents, qualifies as a “U.S. firm”.

A nonprofit organization, such as an educational institution, foundation, or association, also qualifies as a “U.S. firm” if it is incorporated in the U.S. and managed by a governing body, a majority of whose members are U.S. citizens and/or permanent residents.

Attachment V – 1

Attachment V

REQUIRED BUDGET FORMAT

DIRECT LABOR COSTS:

TOR Task TOR Task Name Primary Contractor (Employee) Labor Total Person Days x Daily Rate* = TOTAL COST I Task ________ (Position A) ________ ________ _____________ (Position B) ________ ________ _____________

TOTALS: ________ ________ _____________

TOR Task TOR Task Name Non-Employee Labor Total Person Days x Daily Rate ** = TOTAL COST I Task ________ (Position A) ________ ________ _____________ (Position B) ________ ________ _____________

TOTALS: ________ ________ _____________

TOTAL DIRECT LABOR COSTS: _____________

OTHER DIRECT COSTS:

Purchased Services/Contracts*** Tasks TOTAL COST

Travel Trips Trip Cost TOTAL COST International Air Travel _________ _________ _____________ In-Country Air Travel _________ _________ _____________ Ground Transportation _________ _________ _____________

Trip Days Per Diem Rate TOTAL COST Per Diem _________ _________ _____________ Other (local travel, etc.) _________ _________ _____________ Interpreters _________ _________ _____________

Other TOTAL COST Reproduction and Binding _____________ Courier Services _____________ Visa Services _____________ Communication _____________

TOTAL OTHER DIRECT COSTS: _____________

TOTAL COSTS (DIRECT LABOR COSTS + OTHER DIRECT COSTS): _____________

TOTAL U.S. COMPANY COST SHARE (IF APPLICABLE): _____________

USTDA GRANT: ____________

[PLEASE NOTE: BUDGET MUST COMPLY WITH USTDA NATIONAL SOURCE AND

ORIGIN REQUIREMENTS, INCLUDING 20% HOST COUNTRY MAXIMUM]

* Primary Contractor (Employee) Labor Costs = Salary + Overhead + Benefits (no fee or profit if sole source contract) ** Non-Employee Labor Cost = Salary + Overhead + Benefits Reasonable Fee or Profit) *** Purchased Services/ Contracts may include engineering drawings, lab work, surveys, translation, etc., which would not be included in Non-Employee Labor Cost above.

Annex VI – 1

Attachment VI

Task Completion Schedule

Weeks 1 2 3 4 5 6 7 8

Task I

Task II

Task III

Final Report

Instructions

List each major task to be performed. The duration of each task is to be graphically represented. For example, in the illustrative schedule, Task 1 is to begin in Week 1 and end in Week 4. Preparation of the Final Report begins in Week 6 and is completed in Week 8.

Attachment VII – 1

Attachment VII

BUDGET NARRATIVE REQUIREMENTS

DIRECT COSTS

Direct Labor - Only salaries and wages for employees of the proposed U.S. firm should be identified here. Provide the job title; the names of the individuals, if known; the experience and training that describes the individual’s capabilities for the activity and supports the proposed daily rate; and an explanation of what work the individual will perform under the Terms of Reference. For each, provide the mathematics for how the loaded rate was developed.

Examples:

Project Manager/Senior Engineer – This individual will provide necessary guidance and support to the activity to ensure successful completion of the System Design and oversee the completion of the Terms of Reference. The proposed individual has 15 years’ experience managing telecommunications projects. It is estimated that 130 days will be required at a daily rate of $1455. The rate was calculated with a base salary of $776 a day and includes a fringe benefit rate of 25% and an overhead rate of 50%.

Junior Engineer – This individual will work with the Senior Engineer to develop the system design and provide documentation for the feasibility study. It is estimated that 75 days will be required at a daily rate of $728 a day. The rate was calculated with a base salary of $388 a day and includes a fringe benefit rate of 25% and an overhead rate of 50%.

Other Direct Labor – Consultants and other Non-Employee Labor should be identified here.

Provide the job title; names of the individuals, if known; primary organization affiliation, if applicable; experience and training that describes the individual’s capabilities for the activity and supports the proposed daily rate; and an explanation of what work the individual will perform under the Terms of Reference. A small profit/fee may be added, if justified. For each, provide the mathematics for how the loaded rate was developed.

Example:

Independent Consultant – This individual will develop questionnaires and surveys to gather data from local participants and officials for the marketing plan. The individual will have experience developing and administering questionnaires and knowledge of the host country. It is estimated that 30 days will be required at a daily rate of $577 a day. The rate was calculated with a base salary of $300 a day and includes a fringe benefit rate of 30% and an overhead rate of 45%. A fee of $11 a day is included because [note: justification should be included here].

Attachment VII – 2

OTHER DIRECT COSTS

Purchased Services/Contracts – For each purchased service or contract, include a clear description of the work to be performed as it relates to the Terms of Reference and a separate detailed budget. If the contractor or vendor is known, provide a basis for selection.

Examples:

Translation Services – A translation service provider will be hired to translate the final report.

Generally, it is estimated that 1000 pages will be translated at $1.00 a page.

ABC Marketing, Inc. – This contractor was selected because they have 10 years’ experience developing marketing plans with significant experience in the host country. ABC Marketing will develop the marketing plan utilizing the data collected from questionnaires and surveys.

Attached is ABC Marketing’s detailed budget of $15,324.

Domestic and Foreign Travel

Include the destination and its relationship to the Project and the direct relevance to the Terms of Reference. Itemized costs must be included for each trip.

Examples:

The Project Manager/Senior Engineer and the Junior Engineer will travel to the host country for the Kick-Off Meeting and two subsequent trips for System Design Work. The Independent Consultant will travel to the host country for the Kick-Off Meeting and two subsequent trips for collection of data for the Marketing Plan.

One Kick-Off Meeting to be attended by the Project Manager/Senior Engineer, Junior Engineer, and Independent Consultant Roundtrip Airfare (Economy Class): $2,973/per Trip X 3 People = $8,919 Per Diem: $182 X 10 days X 3 People = $5,460 Local Transportation: $250/trip X 9 Trips = $2,250 Transportation to/from Airport: $100/Trip X 4 Trips = $400

Two System Design Trips (10 days each) for the Project Manager/Senior Engineer and Junior Engineer Roundtrip Airfare (Economy Class): $2,973 X 2 Trips X 2 People = $11,892 Per Diem: $182 X 2 Trips X 10 days X 2 people = $7,280 Local Transportation: $250/trip X 18 Trips = $4,500 Transportation to/from Airport: $100/trip X 4 trips = $400

Two Data Gathering Trips for the Marketing Plan (10 days each) for the Project Manager/Senior Engineer and Independent Consultant Roundtrip Airfare (Economy Class): $2,973 X 2 Trips X 2 People = $11,892 Per Diem: $182 X 2 Trips X 10 days X 2 people = $7,280 Local Transportation: $250/trip X 18 Trips = $4,500

Attachment VII – 3

Transportation to/from Airport: $100/trip X 2 trips = $200

Other Expenses

Other expenses may include such items as reproduction, publishing costs, and telephone calls.

Provide a detailed explanation for each item as to how it directly relates to the Terms of Reference and include calculations on how the numbers have been derived.

Example:

Reproduction of the Final Report – Eight copies of the final report will be reproduced and bound in accordance with the final report specifications provided by USTDA.

Reproduction: 1000 Pages X $.10/per Copy X 8 Copies = $800 Binding and Final Report Specifications: $20/per Copy X 8 Copies = $160