Attachment 01_ CLDP Law School Partner PWS.pdf

DEPARTMENT OF COMMERCE ENTERPRISE SERVICES

PERFORMANCE WORK STATEMENT

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PERFORMANCE WORK STATEMENT:

UNIVERSITY LAW SCHOOL – EDUCATIONAL

SUPPORT SERVICES PROFESSIONAL CERTIFICATION

PROGRAM ON “INFRASTRUCTURE CONTRACTING

FOR GOVERNMENT ATTORNEYS”

FOR

OGC/CLDP

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1.0 Overview

The purpose of this Performance Work Statement (PWS) is to describe the services that the Commercial Law Development Program (CLDP) is seeking to obtain from a contractor for a Professional Certification Program on Infrastructure Contracting for Government Attorneys. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform this requirement. The Contractor shall perform to the standards as defined in this Performance Work Statement (PWS).

2.0 Background

Established in 1992, the U.S. Department of Commerce’s Commercial Law Development Program’s (CLDP) mission is to help developing countries improve the policy, legal and regulatory conditions for doing business, thereby creating better economic opportunities for local entrepreneurs and American companies doing business overseas. CLDP provides commercial law technical assistance, legislative and policy advisory services, institutional capacity building, and commercial risk assessments to host country governments in support of their economic development goals.

Under both the Indo-Pacific and Power Africa projects, CLDP has been asked to provide training on infrastructure contracts. In both the Asia-Pacific and Africa, developing sustainable infrastructure is of critical importance to U.S. interests. However, government attorneys have often not had training on understanding infrastructure contract terms or how to negotiate them. This results in contracts that have unbalanced terms for the government and often create unsustainable debt burdens.

2.1 Objective

CLDP is proposing to develop a professional certificate program to train host government attorneys and other officials on infrastructure contracts. This technical assistance combined with other U.S. government initiatives will also provide a case study for how establishing predictable and transparent commercial regulations and high-caliber contracts can help host governments create greater business opportunities and increase economic integration.

To do so effectively, CLDP is seeking a university law school (University Partner) to assist in developing and producing a professional certificate program in Infrastructure Contracting (IC Certificate Program). The IC Certificate Program is intended to train host government attorneys in developing or post-conflict countries, as well as other public officials, and some private sector attorneys. The goal is to improve their capabilities and capacity:

i) for better understanding infrastructure contract terms and conditions,

ii) for drafting comprehensive contracts for infrastructure projects; and

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iii) for negotiating effectively with sophisticated investors and developers.

3.0 Requirement

3.1 The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform this requirement.

3.2 The Contractor shall monitor performance in accordance with the approved Quality Control Plan (QCP). The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which they will ensure work complies with the requirements of the task order.

3.3 The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall consider the stability and continuity of the workforce are essential.

3.4 The Contractor shall have experience with an Executive Education Program, and the ability to develop a 3-week full time, 8-module course curriculum, with the ability to be structured in a full-time format or part-time on-demand format over a maximum duration of 12 months. Experience with an Executive Education Program demonstrates the capacity for developing and administering curriculum for a short term, professional, or educational course for non-student and/or adult learners.

3.5 The Contractor shall be a U.S. accredited law school. U.S. Accreditation is essential for access to the necessary faculty for development and delivery of curriculum, as well as being an identifiable institution that holds the prestige and recognition in the international space that will draw interest from our foreign counterparts.

3.6 The Contractor shall have the capability to deliver the course in each of the following modes:

1. Online, on-demand

2. Online, live

3. Hybrid, live (Hybrid involves participants gathered at a centralized location with instruction performed virtually)

4. In-person, live

3.7 The Contractor shall have the ability and experience with hosting curriculum on an online platform, with functions including:

o Assessing and tracking participants progress through exams/assessments o Ability to incorporate country-specific content/modules for relevant participants o Participant lists o Issuing certificates o Monitoring and Evaluation (M&E) data

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3.8 The Contractor shall have sophisticated faculty experience in international law, international transactions, project finance, energy/infrastructure, and government contracts. All faculty choices will be discussed and proposed to CLDP, with input and approval by CLDP.

3.9 The Contractor shall have the ability to contract with outside practitioners to fill in knowledge gaps.

3.10 The Contractor shall develop a curriculum and content in partnership with CLDP, with initial course curriculum developed and ready to be delivered to the first cohort of participants within 6 months from the date of the awarded contract.

3.11 The Contractor shall have the ability to acquire any necessary licensing for books or other content for the course.

3.12 The Contractor shall have facilities and capacity to professionally film and edit modules.

3.13 The Contractor shall provide a platform for hosting required for all five years of the potential contract (base year with four option years)

3.14 The Contractor, if proven necessary by a changing legal environment, shall agree to annually update modules to address necessary curriculum updates. To be performed with CLDP approval.

3.15 For local content development, CLDP in coordination with the Contractor will lead in:

• Identifying host-country partners to develop local content modules

• Identifying pilot countries and conduct roll-out/launch

• Works with host-government to identify and enroll participant

• Expand to additional countries

3.16 The Contractor shall take on the role of providing compensation to no more than 5 in-country local partners (on a pass-through basis, not to exceed an amount agreed by CLDP in advance) to develop the country specific course content adaptable to local regulatory environment.

3.17 The Contractor shall work with CLDP to procure space should the course be taught in-person outside the United States.

3.18 For U.S. based in-person live sessions (taking place 3 times a year), the Contractor shall have the ability to provide classroom space for the duration of the three-week course (CLDP will limit each course to 25-30 participants per cadre in order to encourage effective class participation).

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4.0 Place of Performance

Contractor support shall perform at the location of their Law School Institution, and at an agreed upon training venue should in-person trainings take place abroad.

5.0 Period of Performance

The total period of performance with all options exercised is for five years from date of award. .Click or tap here to enter text.

Base Period: 12 months Option Period I: 12 months Option Period II: 12 months Option Period III: 12 months Option Period IV: 12 months

6.0 Hours of Operation

The Contractor is responsible for conducting business, Monday thru Friday during normal business hours except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

7.0 Government Furnished Resources

7.1 The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use. The Contractor shall not use GFP/E/I for any purposes other than official Government business as performed under this BPA. At the close of each work period, government facilities, equipment, and materials shall be secured.

7.2 Contractors working on Government sites will be provided standard business equipment including all or some of the following: desk, chair, phone, computer, and access to office equipment such as printers, copiers, fax, etc.

8.0 Qualifications

The Contractor is responsible for and shall ensure staff are properly trained and hold the appropriate credentials as required for the services being performed.

9.0 Identification of Contractor Employees

All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties

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10.0 Travel

Long distance travel may be required. The Contractor shall travel as approved by the designated TM or COR during the performance of this requirement to attend meetings, conferences or conduct other official business covered under this requirement.

Authorized travel will be reimbursable. The contract shall ensure adequate funding is available for costs of travel prior to incurring costs.

Local travel to meetings, conferences or other official business covered under this BPA is not reimbursable as a direct charge.

11.0 Conflicts of Interest

Contractor and subcontract personnel performing work under this BPA may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications, or work statements, etc.), or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the CO immediately whenever he/she becomes aware that such access or participation may result in any actual or potential OCI and may merit the submittal of a plan to the CO to avoid or mitigate any such OCI.

This mitigation plan would be determined to be acceptable solely at the discretion of the CO. In the event the CO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may employ other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

12.0 Data Rights

The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source code of any software produced under this contract, shall be Government owned and the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the CO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

13.0 Applicable Publications (Current Editions)

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☒ No publications are applicable for this requirement.

☐ The following list of publications is applicable to this requirement:

14.0 Reports and Deliverables

14.1 The Contractor shall attend progress meetings requested by the contracting activity or BPA administration. The Contracting Officer, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the CO will apprise the Contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

14.2 Monthly Status Report (MSR)

The contractor shall submit the Monthly Status Report (MSR) to the COR in Microsoft Word format no later than the 5th of each month. At a minimum, the report shall address the list in 14.3 and detail the status of each. The COR will certify the report.

14.3 Deliverables will be in the form of fully completed narrative in Microsoft Word or in the form approved by the COR. Submission will be via email to the COR no later than the due date identified.

Key deliverables are anticipated to be:

1. Provide and monitor its Quality Control Plan (QCP)

2. Report on the progress/development of course curriculum and content before the course is launched.

3. Report on participant progress through exams/assessments

4. Provide a listing of all course participants

5. Report on certificates issued (including total number and to whom the certificates were issued).

6. Report on the monitoring and evaluation (M&E) data

15.0 Attachment/Technical Exhibit List

15.1 Attachment 1/Technical Exhibit 1 - Deliverables Schedule

15.2 Attachment 2/Technical Exhibit 2 - CLDP Program Summary

15.3 Attachment 3/Technical Exhibit 3 - Preliminary Curriculum Topic

15.4 Attachment 4/Technical Exhibit 4 – CLDP Course References

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TECHNICAL EXHIBIT 1

DELIVERABLES SCHEDULE

This technical exhibit lists any reports or documentation that is required as a deliverable to include the frequency, # of copies, medium/format and who/where it is to be submitted. A deliverable is anything that can be physically delivered but may include non-physical things such as meeting minutes.

Deliverable Frequency # of Copies Medium/For mat Submit To Quality Control Plan (QCP) (14.3)

Submitted with your response to the RFP for approval.

1 copy submitted electronically by email

MS Office or PDF formats

TM, COR, CO

Report on progress /development of course curriculum and content prior to launch

Bi-weekly (until launch of course)

1 copy submitted electronically by email

MS Office

COR, TPOC

participant progress through exams/assessmen ts

Quarterly (January 15, April 15, July 15, October 15)

1 copy submitted

Provide a listing of all course participants

Quarterly (January 15, April 15, July 15, October 15)

1 copy submitted certificates issued

Quarterly (January 15, April 15, July 15, October 15)

1 copy submitted

Report on the monitoring and evaluation (M&E) data

Quarterly (January 15, April 15, July 15, October 15)

1 copy submitted electronically by email

MS Office