Attachment 2 - PWS.pdf

SECTION D – ANY CONTRACT DOCUMENTS, EXHIBITS OR

ATTACHMENTS

D.1. PERFORMANCE WORK STATEMENT (“PWS”)

DEFINITIONAL MISSION FOR THE REGIONAL LATIN AMERICA AND

CARIBBEAN ICT SECTOR PROJECT OPPORTUNITIES RESOURCE GUIDE

SERIES

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 Definitional Mission (“DM”) contract to develop a series of project opportunity resource guides (“Resource Guide Series”) profiling priority information and communications technology (“ICT”) sector infrastructure projects in selected countries in the Latin America and Caribbean (“LAC”) region. The projects to be profiled shall be those ICT sector infrastructure projects in LAC region that present strong commercial opportunities for U.S. companies.

D.1.3. RESOURCE GUIDE PROJECT CRITERIA

The countries to be considered in the Resource Guide Series are Argentina, Belize, Brazil, Costa Rica, Dominica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Paraguay, Peru, St. Lucia, St.

Vincent and the Grenadines, and Suriname (“Partner Countries”). The Resource Guide Series shall profile 60-80 projects in total. The estimated number of profiles per country or sub-region is as follows:

• Andean: 10-11 projects

• Brazil: 10-18 projects

• Caribbean: 10-12 projects

• Central America: 10-12 projects

• Mexico: 10-15 projects

• Southern Cone: 10-12 projects

The projects included in the Resource Guide Series may feature either public sector (federal, state or local) or private sector project sponsors in the Partner Countries.

Among the types of ICT projects that may be featured are the following:

• Subsea fiber optic cable opportunities;

• Emergency operations centers;

• Satellite communications;

• Smart cities opportunities;

• Broadband and IT connectivity opportunities;

• Digital television opportunities;

• Healthcare IT opportunities;

• Records digitization opportunities;

• e-Education opportunities;

• Weather and early warning opportunities;

• Utilities automation opportunities;

• Cybersecurity for utilities (water, power, etc.) opportunities;

• Electronic payment methods, transaction recoding, mission critical telecommunications and cybersecurity for transportation (ports, airports, freight and passenger rail, etc.);

• Smart street lighting opportunities;

• Financial sector digitization and cybersecurity; and

• E-Government and government procurement systems digitization and analytics.

In seeking projects to be profiled, the Contractor shall target public and private Partner Country project sponsors, national development banks, multilateral development banks (World Bank, International Finance Corporation, Inter-American Development Bank, IDB Invest, CAF-Development Bank of Latin America, Caribbean Development Bank, Central American Bank for Economic Integration, etc.), relevant U.S. government agencies (Department of Commerce, Department of State, U.S. Agency for International Development, Millennium Challenge Corporation, U.S. Export-Import Bank, U.S.

International Development Finance Corporation, etc.), as well as industry associations, regulatory agencies and U.S. companies.

Project opportunities selected by the Contractor shall:

• Contain sufficient detail to help U.S. companies make an informed decision on whether to pursue such opportunities;

• Represent a significant opportunity for the sale of U.S. goods and services;

• Represent technologies or services where U.S. industry would be competitive;

• Represent opportunities that would positively impact the development of the

Partner Country (and not negatively impact U.S. industry);

• Be likely to receive implementation financing;

• Have a procurement process that provides “equal access” to U.S. firms;

• Be projects for which profiling in this Resource Guide would prove timely and relevant;

• Be a priority of the Partner Country Project Sponsors; and

• Reflect reputationally sound Project Sponsors.

D.1.4. METHODOLOGY

The Contractor shall take the steps described below in carrying out this Definitional Mission.

D.1.4.1. NON-DISCLOSURE AGREEMENT AND KICK-OFF

Upon award, the Contractor shall be required to sign a Non-Disclosure Agreement. To the extent that the work under this Contract requires that the Contractor be given access to confidential information or proprietary data from the Government or other companies, the Contractor agrees to treat such information and data as confidential and to use the information only for the contemplated purpose. After signing the Non-Disclosure Agreement, the Contractor shall contact USTDA’s Contracting Officer’s Representative (“COR”) to schedule a kick-off meeting or call to discuss details of the Contract assignment. Where possible, the COR shall provide the Contractor with names and addresses of potential project sponsors, other pertinent entities to contact in the United States and overseas, and any other relevant details that may impact the evaluation of potential projects to be included in the Resource Guide Series.

The Contractor shall also contact USTDA’s Program Evaluation Office and Public Affairs Office to discuss the details of the Contract assignment. These discussions can be held in conjunction with the kick-off meeting or call with the COR or separately.

D.1.4.2. RESEARCH AND INFORMATION GATHERING

The Contractor shall conduct information-gathering steps to produce a list of candidate projects to feature in the Resource Guide Series. These candidate projects may come from the Contractor’s research of media or industry publications, research into country, sector, government or Partner Country entity strategic plans, discussions with government, multilateral or industry sources, or direct outreach to likely candidate sources. USTDA will also develop and disseminate to likely project sponsors in Partner Countries a template in order to encourage relevant entities to proactively propose projects for inclusion in the Resource Guide Series. The Contractor shall also conduct sufficient background research to ensure that reputationally sound Project Sponsors are featured in the Resource Guide Series. If translation or interpretation services are needed, the Contractor shall retain such services in a timely manner order to satisfactorily execute the objectives of this Definitional Mission.

D.1.4.3. TRAVEL TO PARTNER COUNTRIES

To the extent necessary, the Contractor shall travel to six Partner Countries to conduct research and information gathering needed to carry out this Definitional Mission. In their proposals, Offerors shall recommend a notional travel plan, given the objectives and criteria described in Section D.1.3. For planning purposes, USTDA estimates approximately 2-5 business days for each trip (approximately 2-3 days envisioned for smaller markets and 4-5 days for larger markets). Actual travel will be subject to agreement between USTDA and the Contractor.

The Contractor’s travel shall commence within 45 days of contract award, unless otherwise agreed to in writing by the COR.

The Contractor is required to retain the following travel insurance coverage for personnel traveling overseas in support of this requirement:

• Defense Base Act (“DBA”) Insurance and Medical Evacuation Insurance (for Contractors when they perform work overseas).

D.1.4.4. PRE-VISIT REPORTS

No less than two weeks prior to travel to a Partner Country, the Contractor shall provide the COR a pre-visit written report containing the proposed schedule or itinerary, preliminary strategies or findings, financing options, U.S. industry interest in ICT projects in the Partner Country, a list of contacts to be made during the visit, and a pre-visit checklist of issues, information, and questions to be utilized during the visit.

D.1.4.5. COMMUNICATION WITH U.S. EMBASSY/CONSULATE IN

PARTNER COUNTRIES

Communications with U.S. and foreign embassy officials prior to the award of this Contract and completion of the kick-off meeting with USTDA in relation to the requirements of this Contract is strictly prohibited.

USTDA will advise the U.S. Embassy and/or Consulate(s) in the Partner Countries of the Contractor’s proposed travel itinerary no less than two weeks prior to departure and request that the Commercial and/or Economic Section(s) of the Embassy and/or Consulate(s) provide the Contractor with names and addresses of appropriate Partner Country officials with whom to meet.

When traveling to a Partner Country, the Contractor shall contact the Commercial and/or Economic Section(s) upon arrival and prior to departure for briefing and debriefing meetings. While the Commercial or Economic Section staff may be able to assist the Contractor in arranging some initial meetings with host country officials, the Contractor is responsible for arranging all meetings, as well as all logistics for the visit (e.g., hotel accommodations, transportation, and interpretation services). In some cases, the Contractor may need to contract with a local entity to assist with trip logistics and/or for interpretation services. However, substantive technical work may not be subcontracted to local entities.

D.1.4.6. CONTACTS

The Contractor shall submit a list of individuals contacted during the Definitional Mission, and include at a minimum mailing addresses, phone numbers, e-mail addresses, and a substantive summary of key comments that support the Contractor's recommendations. The list shall be submitted in Excel format and in accordance with to the specifications outlined in Attachment II, “Contacts” and Attachment I, “Definitional Mission: Final Report Requirements.”

D.1.4.7. RESOURCE GUIDE REPORT CONTENTS AND OUTLINE

The Contractor shall produce a Resource Guide Series which profiles 60-80 projects in total. Each volume of the Resource Guide Series delivered by the Contractor to USTDA shall contain, at a minimum, the following information:

• Resource Guide Introduction or Preface

• ICT Sector Overview for Each Country o Sector overview o Regulatory overview (if applicable)

• Project Profiles (3-6 pages each) o Project highlight / summary table o Project background description o Project status o Implementation timeline o Project cost o Potential sources of financing o U.S. export opportunities o Project sponsor contact information and any other relevant contact information

• Annexes o Any other relevant information

The Contractor may also include maps, photographs, organizational charts, tables, project diagrams or other illustrations that help to effectively summarize the featured project.

The Resource Guide Series may be produced in as few as three volumes or as many as six volumes, as proposed by the Contractor and agreed upon by USTDA, with the dual objectives of maximizing efficiency in report development and ensuring the timely delivery of each volume.

D.1.5. QUALITY CONTROL AND PERFORMANCE ASSESSMENT

D.1.5.1. QUALITY

All draft and final reports delivered to USTDA shall be professionally edited by a qualified professional writer or editor. The Contractor shall ensure that such drafts and final reports are grammatically and factually correct in all respects, internally consistent, all statements shall be clear and easily understood by a competent reader, and shall be free of typographical and grammatical errors.

D.1.5.2. PERFORMANCE ASSESSMENT

During the course of contract period, the COR will track Contractor 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.1.6. DELIVERABLES

The Contractor shall provide verbal updates to the COR on a regular basis. The deliverables may also take the form of information, advice, opinions, alternatives, analyses, evaluations, recommendations, Final Reports, or other oral or written work products needed for successful performance. The Contractor shall respond in a timely manner to reasonable requests for updates and information from the COR.

All final reports shall be delivered to USTDA within 18 months of award, and individual final volumes shall be delivered to USTDA either: 1) one every 3 months (6 volumes total), 2) one every 4 months (4 volumes total) or, 3) one every 6 months (3 volumes total), as proposed by the Contractor and agreed to in advance by USTDA. The Contractor shall provide each volume of the report in draft form electronically to USTDA for COR review within 20 days of each report due date. The volume should be clearly marked “Draft” on the cover. Materials presented shall represent the Contractor’s original authorship.

Within 10 days after receiving the COR’s comments on each draft volume, the Contractor shall make all mutually agreed revisions. Upon notification from the COR that the volume is considered acceptable, the Contractor shall submit 20 bound hardcopy originals to USTDA. All volumes must be paginated, clearly labeled, and also submitted electronically in Microsoft Word and Adobe PDF format to the COR and to USTDA via the following email:

finalreports@ustda.gov

The email subject line must include the title of the Definitional Mission and the project number so that it is easily identifiable.

Each volume shall be labeled as “Public” and shall contain no Business Confidential information.

Upon government acceptance of each final volume, the Contractor shall submit corresponding invoices to USTDA.

D.1.7. 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.1.8. IMPARTIALITY

It is essential that the DM 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.1.9. 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.1.10. PERIOD OF PERFORMANCE

The Period of Performance for this Contract shall be 24 months from the date of the Contracting Officer's signature on the Contract.

D.1.11. PLACE OF PERFORMANCE

The places of performance shall be the Partner Countries described in Section D.1.3, and the Contractor’s facility.

D.2. ATTACHMENTS

ATTACH/ TITLE

EXHIBIT

I Impact on U.S. Labor Statement II USTDA Nationality Requirements for the DM Contractor III U.S. Companies Contacted During the Course of the Definitional Mission

(Excel spreadsheet)

Exhibit I

IMPACT ON U.S. LABOR STATEMENT

THE DM CONTRACTOR SHALL CONSIDER THE VARIOUS IMPACTS ON U.S.

LABOR FOR ALL RECOMMENDED PROJECTS FOR USTDA FUNDING.

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 project or activity that contributes to the violation of internationally recognized workers rights; and (c) direct assistance for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity.

Exhibit II

USTDA Nationality Requirements for the DM Contractor

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.