SOW_PE222_03.07.18.pdf

UNCLASSIFIED//FOR OFFICIAL USE ONLY

STATEMENT OF WORK

PE 222: Trade Agreement Monitoring and Implementation

U.S. DEPARTMENT OF STATE

Foreign Service Institute School of Professional and Area Studies

Economic and Commercial Studies (ECON)

March 7, 2018

STATEMENT OF WORK

PE 222: Trade Agreement Monitoring and Implementation

1.0 Introduction

The U.S. Department of State’s (DOS) Foreign Service Institute (FSI) provides training and professional development to civilian personnel of the DOS and the foreign affairs community.

The School of Economic and Business Affairs (ECON) Division of the School of Professional Studies (SPAS) at FSI provides members of the foreign affairs community with the knowledge, skills, and tools they require to analyze overseas economic and commercial developments and assist U.S. firms seeking advice, market access, trade and investment opportunities, defending investment and trade rights, and participating in overseas projects to promote the growth of U.S.

jobs.

The Trade Agreement Monitoring and Implementation course helps participants identify potential breaches in implementation of trade agreements that harm U.S. interests. It focuses on World Trade Organization (WTO) core principles, elements of major trade agreements, trade in services, trade protections for intellectual property rights, customs, Government procurement, subsidies, countervailing duties, and safeguards.

The participants are mid-level Foreign Service Officers with three to ten years of work experience in the economic and commercial career path. Foreign Service National employees (residents of the host country working in U.S. embassies abroad) and U.S. Government Civil Servants who work in or preparing to work in, a trade officer position overseas or in locally with significant responsibilities for monitoring and advocating foreign trade partners’ compliance with bilateral trade and investment agreements, and with multilateral agreements to which the United States is a party.

2.0 Purpose

ECON requires a contractor to design and deliver one offerings of a five-day course on Trade Agreement Monitoring and Implementation in fiscal year 2018. Course offerings can be up to three course offerings annually for fiscal years 2019 - 2022.

The contractor will be expected to work with ECON, as well as with FSI’s instructional designers as needed, to incorporate interactive and modern adult learning techniques appropriate for the retention of highly technical subject matter.

3.0 Background

FSI provides training and professional development to personnel of the Department of State and is the federal Government’s primary training institution for Department personnel and other U.S.

Government foreign affairs professionals. FSI’s mission is to develop the men and women needed to advance and defend U.S. interests. FSI offers more than 700 classroom courses, including some 70 foreign languages, about 270 custom-developed distance learning products, and about 2,700 commercial distance learning courses available via Internet. Annual enrollment exceeds 100,000 students.

4.0 Training

4.1 Training Objectives

The current training goals of the “Trade Agreement Monitoring and Implementation” course are:

Goal 1: Articulate the structure and key provisions of U.S. trade agreements.

Goal 2: Explain important bilateral and multilateral trade agreements of concern to the United States.

Goal 3: Identify U.S. Government obligations arising from membership in multilateral trade agreements and organizations.

Goal 4: Advocate for foreign partners’ compliance with bilateral and multilateral trade agreements, and with investment agreements.

Goal 5: Monitor compliance with bilateral and multilateral trade agreements, and with investment agreements.

Goal 6: Inform policymakers on specific cases of suspected non-compliance.

Goal 7: Develop strategies to engage with other U.S. agencies, host country Government officials, and multilateral trade organization staff involved in trade agreement negotiations, implementation, and enforcement.

Goal 8: Outline appropriate reporting content and techniques for Washington end users and overseas posts on in-country developments effecting the implementation of trade agreements.

4.2 Topic Outline and Course Objectives

This course covers the following topics:

Note: Course topics should align with current U.S. Government economic and trade policy

4.2.1 GENERAL TRADE: QUOTAS, LICENSING, CUSTOMS VALUATION, RULES OF

ORIGIN

1. Gathering information on administration of quotas and other nontariff barriers (NTBs) and how to report on NTBs not allowed under agreements, as well as apparently discriminatory administration of quotas, licensing or customs valuation, and on other WTO-covered practices.

2. Monitoring rules of origin as applied to imports and their consistency with WTO or bilateral obligations.

3. In cooperation with U.S. Customs and the U.S. Department of Agriculture (USDA), checking on firms shipping to the United State under quotas (e.g. apparel, agricultural products) to ensure that origin requirements are met.

4.2.2 TECHNICAL TRADE BARRIERS

1. Monitoring host Government regulatory agencies to ensure that all product regulations which potentially affect trade are duly published and notified, including relevant sub-federal regulations; alerting relevant USG agencies of draft regulations, especially problematic ones, so that the USG can submit timely comments.

2. In cooperation with U.S. firms, monitoring administration of regulations to ensure that most favored nation and national treatment are applied.

3. Working with host Governments to promote acceptance of U.S. product standards as equivalent wherever possible.

4. Assessing a host country’s standards testing and product labeling regimes and facilities for objectivity and non-discrimination.

4.2.3 PROCUREMENT

1. Working with U.S. and other foreign firms to obtain information on procurement practices; investigating suspected violations of foreign Government procurement codes, bilateral procurement commitments, and compliance with previously awarded contracts.

2. Reporting on general procurement picture and openness of Government markets.

3. Working with host Government officials to increase transparency of procurement regimes; monitoring and publicizing upcoming tenders.

4.2.4 INTELLECTUAL PROPERTY RIGHTS (IPR)

1. Working with U.S. firms to detect and document Trade-related Intellectual Property

Rights (TRIPs) violations.

2. Working with host Government officials and interested parties in the host country to increase awareness of these issues, including identifying opportunities for technical assistance.

3. Analyzing and reporting on host Government legislative, administrative, and enforcement initiatives in IPR.

4.2.5 ANTIDUMPING (AD)/COUNTERVAILING DUTIES (CVD)

SUBSIDIES AND COUNTERVAILING MEASURES

1. Monitoring host Government activities for potential export-related subsidies contrary to the WTO subsidies code or bilateral commitments and for subsidies that potentially damage U.S. trade interests.

2. Analyzing and reporting on the net trade effect of these measures.

3. Analyzing and reporting on host Government antidumping regulations and practices, especially suspected violations of WTO commitments.

4. Gathering data on and reporting the volume of trade affected by host Government antidumping and CVD measures.

4.2.6 SERVICES

1. Monitoring local requirements for offering professional services, licensing of service providers; comparing to commitments under the General Agreement on Trade in Services.

2. Regularly assessing openness of a market in major services sectors, in consultation with host country-based U.S. and other foreign services providers.

4.2.7 INVESTMENT

1. Monitoring host Government activities for practices prohibited under the Trade-related Investment Measures (TRIMs) agreement, bilateral investment agreements, or Investment Chapters of Trade Agreements to which the United States is a party e.g.

domestic content or export requirements, or foreign exchange restrictions for foreign investors.

4.2.8 SAFEGUARDS

1. Monitoring the use of safeguards measures by host country, including those applied to third countries, and reporting potential WTO-inconsistent safeguards to USG.

2. Monitoring, analyzing and reporting on host country measures with a safeguard effect, e.g. voluntary export controls, including those applied to third countries.

5.0 Requirements

FSI requires a course facilitator to provide services required by DOS and the FSI to facilitate delivery of the Trade Agreement Monitoring and Implementation course.

This will include support for course design, materials and presentations for the course following an FSI approved course design; to handle administrative details for the course to include (but not limited to) scheduling presenters; to deliver the course; to review the design of the course and recommend improvements based in part on student evaluation; and to deliver lectures in the course. The course will be offered up to two times during the period of one year.

FSI will supply administrative support services as required for classroom set up. It will also supply a classroom for delivery of the Trade Agreement Monitoring and Implementation course, equipped with tables and chairs for the students, an overhead projector, and a computer for the display of class materials, flip charts, and office supplies.

5.1 The period of performance will be five (5), one-year base periods.

5.2 The primary location will be SA-42. The Government will not provide local transportation costs, per diem or parking costs.

Primary location: U.S. Department of State, Building Annex SA-42 George P. Shultz National Foreign Affairs Training Center 4000 Arlington Boulevard Arlington, VA 22204

5.3 The Course Facilitator, in consultation with ECON, will:

Organize and conduct the Trade Agreement Monitoring and Implementation course.

Provide weekly schedules for each class offering, detailing topics and presenters.

Invite and coordinate presentations by guest lecturers, ensuring they are informed as to the necessary scope and objectives for their presentations to fulfill the requirements of the course design.

Introduce guest lecturers, lead class discussions, and present study materials.

Make substantive lecture presentations as part of the course in areas of his/her own expertise and be prepared to substitute for any scheduled speaker or other activity in the event unforeseen circumstances prevent that speaker/activity from being presented as scheduled.

Be present at FSI for the five day duration of the course. In the event that a Course Facilitator cannot be present, he or she must provide the COR with a minimum of three weeks advance notice in the form of a written request for permission to be absent. The written request must state a reason for the absence.

If a substitute for the Course Facilitator is suggested, that person must receive prior approval by the Economic and Commercial Studies Deputy Director or Director, and all substitutes must have equivalent verifiable experience. Successful past performance in training for the U.S.

Government is highly desirable.

If the request is approved, the Course Facilitator may invoice for the given session and must compensate the substitute from the funds he/she receives from the Blanket Purchase Agreement.

http://reg.fsi.state.sbu/CourseCatalog.aspx?ThemeId=ECON

5.3.1 The Course Facilitator shall provide the following administrative services:

Identify with ECON concurrence subject matter experts and arrange for guest lectures by such experts from Government, academic, diplomatic and business fields, as appropriate.

Submit identification information and a request for guest speaker access to the FSI campus to the support staff for processing one week in advance of the event.

Meet with the Director or Deputy Director ECON and/or COR within two months after each course presentation to undertake an after action review of the most recent courses and discuss course planning and revisions.

Advise ECON immediately when there is a change of speakers.

Work with the ECON support staff to ensure that the classroom has adequate resource materials such as maps, videos and readings.

Coordinate with ECON support staff to ensure that course materials that are not student take-aways are collected and stored at the end of the session.

Require students to sign the sign-in sheets for Registration credit provided by the ECON support staff and enforce the 100 percent attendance policy; all requests for excused absence must be directed to the ECON Deputy Director.

Recruit experts from the public and private sectors to serve as instructors/speakers in each module.

Provide all copies of schedules and any other handouts to students.

In consultation with SPAS/ECON and FSI’s instructional designers, design and facilitate appropriate exercises to ensure learning of complex material and generate an interactive environment.

Coach each instructor on specific objectives of his/her segment, ways to present material most effectively, and relationship to the rest of the course.

Develop a course notebook (or digital rendering) that contains daily class readings, bios of instructors, class exercises/assignments, lists of useful websites, and other reference materials.

Print and assemble copies of the course notebook or prepare the course CD for each participant and a file copy for FSI, or otherwise ensure the availability of the course notebook to course participants and to FSI during and after the course.

Recommend to FSI any useful textbooks or reference books students should have at least six weeks before the start date. FSI will order and pay for texts it approves.

Send thank you notes to all unpaid instructors/speakers who take part in each course offering or session.

5.4 Classroom Instruction

The contractor shall deliver the five-day classroom based course, eight hours per day during normal FSI class hours for a class size of between 10-30 students.

5.5 Course Structure and Design

Course Structure: The contractor will deliver the course in a manner consistent with FSI’s Policies and Standards for Curriculum and Evaluation as well as the SPAS standard curriculum procedures (attached), working collaboratively with FSI’s subject matter experts, including co-facilitation of certain sessions with diplomats or policymakers of FSI’s choosing.

1. The course design should reflect the basic principles of adult learning theory, presenting material in highly interactive ways that build on the experience and knowledge that participants bring to the course, enabling them to generalize from class material and apply their learning to their individual work assignment.

2. Learning objectives for each course segment should be clear, and training methodologies should be tailored so that they reinforce comprehension and absorption of the course content for each segment. For example, depending on the learning objective, student exercises, panel discussions, student interviews with experts, case studies, simulations or role-plays may be appropriate.

3. The course design should also make use of highly qualified and well-placed technical experts who are capable of presenting their knowledge in an interactive style.

4. The course design should also reflect the reality of serving at U.S. diplomatic missions overseas and the dynamics of the interagency process in Washington.

5.6 Personnel Qualifications

Subject matter expertise (SME): Instructors must have the following qualifications:

• A post-graduate degree in law, economics or other academic field directly related to trade or at least ten years of working in this field.

• Demonstrated experience in developing and delivering adult education programs – particularly those dealing with complex trade issues and Government trade policies.

• Evidence of collaboration with diverse stakeholders in the foreign affairs and/or Government foreign policy environment.

• Experience in delivering adult learning courses which actively engage students, or willingness to work with ECON and FSI’s instructional designers as needed to create appropriate experiential elements given the technical content.

The contractor shall use the key person or persons identified as the course instructors in its proposal to the U.S. Government. Substitutions shall not be made without prior notification and approval of the Contracting Officer. Request for substitutions shall meet or exceed the qualifications of the person to be replaced. The Contracting Officer shall be notified in writing of any requests no later than forty-five days prior to the start date. Requests to substitute shall include:

An explanation of the circumstances necessitating the substitution;

A complete resume of the proposed substitute Any pertinent information requested by the Contracting Officer to determine if the contractor is maintaining the standard.

5.7 Security Clearance Requirements

None

6.0 Deliverables and Milestones

The contractor will prepare and deliver all deliverables/reports by the dates specified in Table 1, Delivery Schedule. The Government reserves the right to modify the deliverable requirements during the performance of the order.

Table 1: Delivery Schedule

Deliverables Delivery Schedule

Proposed Course Schedule Due six weeks prior to course delivery

Course Documentation:

• Course Materials (Slides, videos, etc.)

• Supplemental Resources (e.g., research papers, statistics, websites, or policies)

• Course Notebook for Students

• Interactive exercise documentation if required

Due four weeks prior to course delivery

7.0 Quality Assurance

The contractor must facilitate a high-quality, coherent, appropriate adult educational program, specific to facilitating the Trade Agreement Monitoring and Implementation course.

Performance Metrics:

All BPA Calls issued will be monitored by the Contracting Officer’s Representative (COR) and will be reported at the conclusion of each agreement year.

Listed below are the performance metrics by which the contractor will be evaluated in addition to the contractor’s adherence to SOW requirements.

The contractor must be considered successful in fulfilling the requirements in order to continue to be considered for future opportunities. To be considered successful the contractor shall score a minimum of four (4) in all categories listed below. The contractor will be evaluated using a scale (Poor 1- Superior 5).

5 - Superior:

Contractor routinely demonstrates outstanding understanding of SOW requirements for the awarded course segments and significantly exceeds performance standards. Contractor has exceptional strengths that significantly benefit the Government.

4 - Excellent:

Contractor demonstrates excellent understanding of SOW requirements for the awarded course segments and exceeds performance standards. Contractor has one or more strengths that significantly benefit the Government.

3 - Acceptable:

Contractor demonstrates acceptable understanding of SOW requirements for the awarded course segments and has an approach that meets performance standards. Contractor is an acceptable solution and has few or no strengths that provide significant or exceptional benefit to the Government.

2 - Fair:

Contractor routinely demonstrates shallow understanding of SOW requirements for the awarded course segments and approach.

1 - Poor:

Contractor routinely fails to demonstrate understanding of SOW requirements and approach.

Quality:

The contractor must adhere to the requirements outlined in the SOW and facilitate a high-quality, coherent, appropriate adult educational program, specific to the course design the contractor is awarded to deliver. Multiple measurements will be used to formulate a rating between 1-5 including student feedback, student course evaluations, review of teaching materials and delivery by course chair(s), and observations by both the Economic Training Division leadership and the

COR.

Timeliness of Performance:

The contractor must adhere to the deadlines specified by the COR with regard to providing training materials, delivering training, and/or participating in debriefs with the course chair as outlined in the Task Order. The rating from 1 to 5 will be formulated by the COR based on his/her observation and input from the Economic Training Division leadership.

Business Relations/Customer Satisfaction:

The contractor must provide effective customer service to the internal FSI clients of this BPA Setup – COR, and Economic Training Division staff and students – per contractor duties in the SOW. The COR will use individual expertise and general observance of interactions and customer service with FSI staff, and students. A rating from 1 to 5 will be tabulated for this evaluation based on student feedback, FSI staff feedback, and COR observations. The COR observations will include timeliness of responses to inquiries and requests within the scope of the contract and delivery of training.

8.0 Contractor Travel

No contractor travel costs will be reimbursed.

9.0 Roles and Responsibilities

9.1 Listed in Table 2 are the primary roles and responsibilities for the personnel who will be supporting contractual requirements, both from the Government and the contractor’s perspective.

Table 2: Roles and Responsibilities Chart

Role Responsibility Contracting Officer (CO) A Contracting Officer is an individual who has the authority to enter into, administer, or terminate contracts and make related acquisition determinations and findings. As a warranted Government professional, the CO is the only person who can make awards and changes/modifications to the contract, and legally bind the Government.

Contracting Officer Representative (COR) This individual is assigned as the liaison to the CO for the contract. The COR performs day-to-day management of the program, ensuring that performance is done in conformance with the schedule and quality requirements within the scope of the contract. The COR’s responsibility is limited to technical direction, acceptance of deliverables, surveillance, monitoring, and recommending proposed changes in scope or provisions to the contract to the CO.

Project Lead (PL) This individual interfaces with the Government COR. The PL’s primary job is to ensure that contractor personnel provide quality and timely performance within the scope of the contract. The PL will have responsibility for ensuring that all contractor personnel issues are addressed in a timely fashion to ensure minimal operational disruptions to the contract.

9.2 The contractor shall not perform the following duties related to this work:

• Evaluation Design and Development - FSI will design, develop, and implement Kirkpatrick evaluations.

• Course participant selection – FSI will manage selection process for course participants.

9.3 Course Dates

FSI has scheduled two course offerings per year to be held from 9:00 a.m. to 4:30 p.m. daily, Monday through Friday. For fiscal year 2018, the course will be held mid-July, exact dates to be determined in advance. FSI will notify contractor of scheduled course dates in subsequent years of the Blanket Purchase Agreement at the beginning of each respective calendar year. FSI may change these dates at its discretion, with advance 30-day notice to the contractor.