Attachment 2 - PWS.pdf

SECTION D – ANY CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

D.1. PERFORMANCE WORK STATEMENT (PWS)

DEFINITIONAL MISSION FOR MULTI‐COUNTRY 5G NETWORK PLANNING TECHNICAL ADVISOR

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 support its decision‐making relative to the funding of activities to support next generation network, including fifth generation (5G) network,1 project opportunities related to enabling, developing, deploying, and/or upgrading to secure and sustainable 5G networks in up to five partner countries globally.

The Contractor shall provide Project Reports for at least five (5) activities for USTDA funding consideration as well as Country Reports for up to five (5) partner countries identified by USTDA, and one Final Report in cumulation to USTDA. USTDA will determine up to five partner countries to be assessed through this DM. USTDA reserves the right to make the final determination on which activities merit consideration for the Project Reports and which countries will be assessed for Country Reports.

The Final Report, unless otherwise directed by USTDA, shall be labeled clearly on every page as “Business Confidential” and shall be treated accordingly per sections D.11, “Confidentiality,” and D.12, “Intellectual Property.”

The purpose of the Final Report is to:

1. Evaluate the relevant next steps for the deployment of 5G networks in each country, and assess existing mobile network architecture network policies, regulations, and procurement practices in each country;

1 Next generation networks are defined as the generation that follows whichever generation of wireless communications technologies is currently being utilized in a given partner country, including fifth generation (“5G”) networks. For the purposes of this PWS, references to 5G networks include both next generation networks as well as 5G networks, accounting for the possibility that some partner countries with 3G networks will first need to upgrade to the next generation network, 4G, before transitioning to 5G.

2. Assess and provide a recommendation on whether USTDA should provide funding for the proposed feasibility study(ies), technical assistance, pilot project(s), or other activity(ies), hereinafter referred to as “activity(ies)”;

3. Develop terms of reference and budgets for at least five (5) activities for USTDA funding consideration.

o If Contractor is having difficulty meeting this requirement, the Contractor must discuss the findings of the mission with the Contracting Officer’s Representative (COR) in advance of writing the draft Final Report.

o The Contractor shall obtain the COR’s written approval before developing any activity beyond the minimum one per country.

4. Provide supporting analysis for the recommendation on the activity that analyzes all the relevant issues.

5. In addition, the Contractor shall assess the potential of the relevant market sector in the host country for U.S. suppliers of goods and services in the Final Report.

The Contractor will not be paid for reports that are not approved or completed.

The actual number of deliverables/reports against this contract is dependent on the success of the Definitional Mission and availability of projects. Therefore, not all deliverables may be required or be possible and the figures provided for the Project Reports are not‐to‐exceed ceiling figures and not actual figures. The Contractor shall only invoice for work/deliverables actually completed. Any unexpended funds will be de‐obligated from the contract at close‐out.

D.1.3. USTDA FUNDING CRITERIA

The Contractor’s project recommendations shall be based upon USTDA funding criteria, which are that the Project(s) must:

a) Be likely to receive implementation financing;

b) Have a procurement process that provides “equal access” to U.S. companies;

c) Represent an opportunity for sales of U.S. goods and services that is many times greater than the initial investment of USTDA assistance;

d) Be a development priority of the Project Sponsor and host country where the Project is located and have the endorsement of the U.S. Embassy in that host country; and

e) Involve U.S. companies that are facing market entry problems and/or strong competition from foreign companies which often receive subsidies and other support from their governments.

To execute this requirement, the Contractor shall:

1. Meet or have a conference call with the USTDA ICT Sector Team, the USTDA Program Monitoring and Evaluation team, the U.S. Department of State’s Bureau of Economic and Business Affairs, Division of International Communications and

Information Policy (EB/CIP), and other relevant U.S. Government stakeholders as identified by USTDA to discuss the definitional mission;

2. Obtain information for existing network infrastructure and tower locations, and relevant laws, regulations, policies, and procurement practices in each partner country identified by USTDA;

3. Contact and/or meet with prospective grantees and other stakeholders for each partner country identified by USTDA via conference calls, webinars, and/or in‐person meetings;

4. Conduct meetings via conference calls, webinars, and/or in‐person meetings with relevant U.S. companies and allied 5G vendors to discuss their interest in 5G project opportunities in each partner country identified by USTDA;

5. Travel to Host Country(ies) for up to two (2) trips per identified country and a maximum of 140 travel days total per Contractor staff to meet with prospective grantees and other relevant stakeholders from the relevant sector;

a. Due to the current travel restrictions, travel is optional for this contract and dependent on the needs identified by USTDA;

6. Review, develop, and evaluate project opportunities and provide recommendations for USTDA funding. Develop Terms of Reference and budgets for at least five (5) activities (at least one (1) per identified partner country) for USTDA consideration;

a. All project opportunities proposed by the DM Contractor must be approved by the COR prior to the drafting of a formal funding recommendation.

7. Prepare one (1) Country Report per partner country identified by USTDA, for a total of up to five (5) Country Reports. Each Country Report shall include a comprehensive overview of country assessment activities;

8. Conduct one (1) Country Report debrief meeting per country report with USTDA staff, EB/CIP, and other relevant stakeholders;

9. Prepare a comprehensive Final Report, inclusive of all Project Reports and Country Reports produced in the course of the contract.

For each of the at least five (5) activities to be recommended to USTDA, the Contractor shall develop a stand‐alone Project Report. The requirements for the Project Reports are further detailed in section D.1.7, Reports.

D.1.4. CLIMATE RESILIENCE SCREENING

Per Executive Order (EO) 13677, USTDA is required to consider climate resilience in its international development work. The Agency has determined that in order to be compliant with the EO, climate resilience screenings must be conducted at the project scoping stage for all feasibility studies (FS) and technical assistance (TA) activities. Accordingly, the Contractor shall conduct a climate resilience screening utilizing the guidance provided in Attachment VII.

D.1.5. PROJECT PROFILE

Many countries intend to begin deploying 5G networks in the next two years. Some countries will first build upon existing third generation (“3G”) and fourth generation (“4G”) networks as they transition to 5G networks. The transition to 5G is typically divided into two phases. The first phase is non‐standalone 5G, which adds enhanced mobile broadband to an existing 4G long‐term enabled (“LTE”) network and leverages existing pieces of mobile infrastructure. The second phase, full or standalone 5G, enables ultra‐reliable low‐latency (i.e., minimal delay) and massive machine‐to‐machine communications, both of which require substantial investments in new infrastructure such as antennas and base stations. The transition to 5G networks will differ by country, depending upon a country’s existing network infrastructure. With previous network generations, shifts from 2G to 3G and then to 4G LTE required broadband cellular network technology shifts. These shifts required network operators to make upgrades to their towers. Transitioning to 5G networks involves significant improvements to the network and infrastructure that are centered on software, spectrum or channel optimization, and high frequency usage.

In countries that have not yet developed 4G networks, the vendors chosen to develop and implement 4G networks will likely impact the country’s eventual transition to 5G, because many countries may opt to initially build their first 5G network on top of existing 4G infrastructure to expedite the roll‐out of 5G services. Therefore, it is important to consider the transition to next generation networks (such as 4G) when assessing the eventual deployment of 5G networks.

5G wireless technology will form the backbone of future economic development and public services. 5G is expected to bring speeds of approximately ten gigabits per second to mobile phones, which is more than 600 times faster than the typical fourth generation speeds on current mobile phones. However, 5G is much more than faster smart phones. 5G is expected to transform societies by enabling the use of new technologies such as self‐driving cars, buses, and trains. 5G applications will make critical infrastructure such as electrical grids and water systems more efficient. Ultimately, 5G is expected to enable the simultaneous connection and use of countless Internet of Things (IoT) devices. These devices will have applications in sectors such as agriculture, healthcare, government, transportation, automation, and advanced data analytics. To keep up with the development and utilization of new technologies, in addition to a massive uptick in streaming video, the mobile industry is working on the deployment of 5G.

The deployment of 5G networks presents an opportunity for U.S. companies in the ICT sector to support the expansion of secure and sustainable connectivity globally. There are numerous U.S. companies that provide cost‐competitive hardware and software components to major integrators. Additionally, laying a secure 5G network will enable the deployment of the IoT applications for which U.S. companies are the most competitive. In the past, the move from one wireless generation to the next has demonstrated that countries that lead the expansion of new generations of wireless technologies often set standards that other countries subsequently must follow. First‐mover economies also stand to benefit greatly in terms of job creation, technology innovation, and financial benefits. Several countries, including the United States, are expected to start carrying out a comprehensive rollout of 5G networks in 2020. Through this contract, USTDA is working with interagency partners to connect U.S. expertise and solutions to up to five partner countries looking to deploy to secure and sustainable next generation networks including 5G networks.

Since 1992, USTDA has funded 385 activities in the ICT sector. USTDA currently has a robust global portfolio of activities in the ICT sector across numerous subsectors including connectivity.

D.1.6. METHODOLOGY:

In the course of carrying out this DM, the Contractor must take the following steps:

D.1.6.1. NON‐DISCLOSURE AGREEMENT AND KICKOFF 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 COR to schedule a meeting or call to discuss details of the Contract assignment. The COR shall provide the Contractor with names and addresses of the potential project sponsor(s), other pertinent entities to contact in the United States and overseas, and any other relevant details or proposals that may impact the design and/or evaluation of the proposed activity(ies).

After reviewing these materials, contact the assigned COR to discuss initial observations and raise any questions or concerns about the proposal and the Project.

D.1.6.2. PRE‐CALL AND PRE‐VISIT REPORT

No less than one week prior to commencing initial virtual meetings/conference calls with host country stakeholders, the Contractor shall provide the Contracting Officer (CO) and the COR a pre‐call written report containing:

a) Strategy for engaging stakeholders virtually;

b) A list of stakeholders to be contacted;

c) A list of questions and agenda to be utilized for virtual meetings/conference calls; and

d) U.S. company interest in the project(s) and information about the sector in the host country, in general.

No less than one week prior to departure to the host country, the Contractor shall provide the Contracting Officer (CO) and the COR a pre‐visit written report containing:

a) The proposed schedule or itinerary;

b) Preliminary strategies or findings on viability of the project(s);

c) Financing options;

d) U.S. company interest in the project(s) and information about the sector in the host country, in general;

e) Available information on existing network infrastructure and tower locations, and relevant laws, regulations, policies, and procurement practices in the host country;

f) Summaries of proposed activity(ies) for USTDA’s funding consideration to support the project(s) identified;

g) A list of contacts to be made during the visit;

h) A pre‐visit checklist of issues, information and questions to be utilized during the visit;

and

i) Pre‐visit report a preliminary version of Attachment X (in Excel format), which will provide substantive comments on U.S. company interest in the project(s) and in the host country in general.

D.1.6.3. COMMUNICATION WITH U.S. EMBASSY/CONSULATE IN HOST COUNTRY

Communications with U.S. and foreign embassy officials prior to the award of this contract and completion of the kickoff meeting with USTDA in relations to the requirements of this contract is strictly prohibited.

USTDA will advise the U.S. Embassy and/or Consulate(s) in the host country of the Contractor’s proposed travel itinerary no later than one week 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 host country officials with whom to meet.

D.1.6.4. HOST COUNTRY TRAVEL

Depending on the needs identified by USTDA, the Contractor shall travel to the host country to meet with relevant project officials and with the U.S. Embassy and/or Consulate(s) in execution of this DM. The Contractor shall contact the Commercial and/or Economic Section(s) upon arrival and prior to departure for briefing and debriefing meetings. It is the Contractor’s responsibility to arrange all meetings. 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 also responsible for arranging its own logistics for the visit (e.g. lodging, transportation, interpretation services, etc.). In some instances, the USTDA Contractor may find it useful to purchase the Gold Key or Business Facilitation Services offered at the U.S. Embassy or Consulate. 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. Contractor’s travel shall commence within 30 days of contract award, unless otherwise agreed to in writing by the COR.

The Contractor is required acquire of 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.1.6.5. CONTACTS

The Contractor shall submit a list of individuals contacted during the Definitional Mission, and include at a minimum mailing addresses, phone and fax 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 XIII, “U.S. Company Contacts” and Attachment I, “Definitional Mission: Final Report Requirements.”

D.1.6.6. DEFINITIONAL MISSION TIPS

The Contractor is encouraged to review the Definitional Mission tips on USTDA’s website via the following link to better understand USTDA’s expectations for this Definitional Mission:

https://www.ustda.gov/business‐opportunities/small‐business‐info/dm‐proposal‐tips

D.1.7. 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.

The Contractor shall provide the following reports to USTDA:

(a) One Project Report for each project selected by USTDA for a Project Report. The Contractor shall submit each Project Report to the COR on a rolling basis. Each Project Report will be treated as business confidential and must conform to the guidelines established in this PWS.

(b) One Country Report per partner country identified by USTDA, which shall include a detailed summary and analysis of the country assessment activities. The Contractor shall submit each Country Report to the COR on a rolling basis. Each Country Report will be treated as business confidential and must conform to the guidelines established in this

PWS.

(c) Final Report. The Final Report shall consist all of the Project and Country Reports, inclusive of the Required Budget in individual Microsoft Excel files, that have been approved by USTDA must conform to the outline found in Attachment I and provide the requested information and analysis, unless otherwise agreed to in writing by USTDA.

Further Final Report requirements are detailed in section D.1.7.2, Final Report.

Unless otherwise agreed to by USTDA, the Contractor shall submit all reports under this Contract to the COR on or about forty‐five (45) calendar days upon return from final travel. 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.1.7.1 PROJECT REPORT

For each Project Report, the Contractor shall develop and prepare a project recommendation that complies with and satisfies all elements in the following PWS components:

a) PWS Section D.1.3. USTDA Funding Criteria

b) PWS Section D.1.4. Climate Resilience Screening

c) PWS Attachment I. Project Report Outline, including Attachment IV (Required Budget Format), Attachment V (Task Completion

Schedule), and Attachment VI (Budget Narrative Requirements)

d) PWS Attachment II. Impact on U.S. Labor

e) PWS Attachment III. USTDA Nationality Requirements

f) PWS Attachment VII. Guidance on Climate Resilience Screening

g) PWS Attachment VIII. U.S. Companies Contacted During the Course of the

Definitional Mission

Additionally, the Contractor shall collect, review, and analyze all necessary information acquired from the following sources:

a) Proposal and supporting documentation provided by Project Sponsor(s) and related project parties; and

b) Meetings (including conference calls) with prospective Grantees, interested U.S.

companies in the relevant sectors, as well as project finance sources.

Prior to initiating a Project Report, the Contractor shall obtain an official letter of interest/commitment from the Grantee demonstrating their commitment to the Project and working with USTDA and the selected U.S. Contractor on the Activity. If a letter cannot be obtained, the Contractor shall discuss and receive written approval from the COR prior to initiating the Project Report. Project Reports will not be approved by USTDA unless the official letter or written approval from USTDA authorizing the Project Report is included.

Each Project Report shall be business confidential and shall be marked accordingly.

Based on the Contractor’s review of the proposed activity and any additional information, documentation, and/or clarifications provided by the project sponsor(s) and relevant third parties, the Contractor shall prepare and provide to USTDA a first draft Business Confidential Analysis and Recommendation Project Report via email (Microsoft Word/Excel files). The Contractor shall provide the first draft Business Confidential Analysis and Recommendation Project Report to USTDA within three (3) weeks of receiving direction from USTDA to complete the report. The first draft report must be clearly marked “First Draft” on the cover. If it is anticipated that the draft cannot be provided within three (3) weeks, the Contractor shall immediately contact the COR to explain the specific reasons for the delay and establish a new target date for submission of the draft report. USTDA will review the first draft Business Confidential Analysis and Recommendation Project Report and provide comments.

The Contractor shall provide to USTDA and the project sponsor(s) for review and comment a second draft Business Confidential Analysis and Recommendation Project Report that incorporates USTDA’s comments on the first draft Business Confidential Analysis and Recommendation Project Report via email (Microsoft Word/Excel files) within one (1) week of receiving USTDA’s comments on the first draft Business Confidential Analysis and Recommendation Project Report. The second draft report must be clearly market “Second Draft” on the cover.

The Contractor shall discuss the comments from the project sponsor(s) and any third parties with the COR and, based on that discussion, prepare and provide to USTDA within one (1) week a final Business Confidential Analysis and Recommendation Project Report. The Contractor shall also email the final Business Confidential Analysis and Recommendation Project Report to the COR (both Microsoft Word/Excel files and a combined PDF file). The final Business Confidential Analysis and Recommendation Project Report shall be grammatically correct and free of typographical errors. The Contractor may submit an invoice upon completion of the Project Report approved by USTDA.

D.1.7.2 COUNTRY REPORT

For each Country Report, the Contractor shall develop and prepare a report that includes a comprehensive overview of country assessment activities (as described below), as well as the relevant Project Reports for each identified partner country.

For each country, the Contractor shall:

a) Assess mobile network architecture and existing policies, regulations, and procurement practices, as well as identify the relevant ICT sector stakeholders;

b) Work with relevant in‐country stakeholders to obtain available information related to existing network infrastructure;

c) Through consulting with relevant stakeholders, such as network companies and government officials, conduct market research and identify and review publicly available information and databases, such as databases that track ownership of network infrastructure assets, companies operating on towers, and carrier licenses for towers;

d) Identify the country’s current use of and available frequency and review the country’s spectrum database, if available;

e) Identify existing laws, regulations, policies, and procurement policies in the partner countries that may impact 5G network planning and deployment;

f) Analyze the country’s propensity to work with U.S. and allied vendors to implement 5G networks based on past precedence, existing laws, regulations, policies, and procurement policies, and other relevant areas of consideration;

g) Based on the analysis conducted through items a‐f, evaluate the relevant next steps for the deployment of 5G networks.

The Contractor’s assessment of existing network policies, regulations, and procurement practices will assist the USTDA ICT Sector Team and regional teams in: (i) assessing the landscape of a partner country to determine whether the country is inclined to implement 5G networks utilizing U.S. and allied goods and services; (ii) evaluating the relevant next steps for the deployment of 5G networks in each country; and (iii) recommending activities for USTDA assistance to support the deployment of 5G networks.

Each Country Report shall include a detailed overview and analysis of each item above (a‐g), including summaries and sources of information obtained. The Contractor shall include in the Country Report a full account of any travel or meetings with a written summary of each meeting and working session as well as a list of the individuals that the Contractor met with, including their name, title, organization name, phone number, and email address.

The Contractor shall prepare and provide to USTDA a first draft Country Report via email (Microsoft Word file). The first draft report must be clearly marked “First Draft” on the cover. If it is anticipated that the draft cannot be provided within two (2) months, the Contractor shall immediately contact the COR to explain the specific reasons for the delay and establish a new target date for submission of the draft report. USTDA will review the first draft Country Report and provide comments.

Following USTDA’s review of the first draft Country Report and after the Contractor’s incorporation of USTDA’s comments on the first draft Country Report, the Contractor shall conduct one (1) Country Report debrief meeting per Country Report with USTDA staff, EB/CIP, and other relevant stakeholders as identified by USTDA. The Contractor shall be responsible for presenting the Country Report and debriefing attendees on the content of the relevant draft Country Reports during the meeting. The Contractor shall incorporate comments provided by USTDA for the draft Country Report following the debrief meeting.

The Contractor shall provide to USTDA a second draft Country Report that incorporates comments from USTDA, EB/CIP, and other relevant U.S. Government stakeholders on the second draft Country Report via email (Microsoft Word file) within two (2) weeks of receiving USTDA’s comments on the second draft Country Report. The second draft report must be clearly market “Second Draft” on the cover. USTDA will review the second draft Country Report and provide comments.

The Contractor shall prepare and provide to USTDA within one (1) week a final Country Report.

The Contractor shall also email the final Country Report to the COR (both Microsoft Word file and a PDF file). The final Country Report shall business confidential and shall be marked accordingly. The final Country Report shall be grammatically correct and free of typographical errors. The Contractor may submit an invoice upon completion of the Country Report approved by USTDA.

Following the completion of all Country and Project Reports, the Contractor shall submit to USTDA a Final Report, which compiles all of the Country and Project Reports that have been approved by USTDA. The Final Report submission shall also include the Required Budget Format for each Project Report in individual Microsoft Excel documents.

D.1.7.3 FINAL REPORT

The Contractor shall submit a DM Final Report that includes a complete description of the mission detailing the following:

(a) All projects reviewed during the course of the mission;

(b) All Country Reports and Project Reports, including the TOR and budgets the Contractor has developed in coordination with the Project Sponsor and U.S. firm for each project;

(c) Summaries of all meetings held in the U.S. and overseas for each Country and Project

Report;

(d) List of all persons attending the meetings and their contact information for each Project

Report; and

(e) A brief explanation for any activity(ies) or project(s) that were reviewed and were not recommended for USTDA funding.

If it is anticipated that the Final Report cannot be provided within three (3) weeks following final travel to the Host Country(ies), the Contractor shall immediately contact the COR to discuss the reasons for the delay. The COR may also request the Contractor to provide portions of the Final Report before the submission of the entire Final Report.

Upon direction from the COR, the Contractor shall submit electronic copy of Final Report(s) to USTDA. No hardcopy submissions will be accepted. All reports must be paginated, clearly labeled, and submitted electronically in Adobe PDF format 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. Any copies of Project proposal materials must be returned to USTDA with the submission of the Final Report.

Upon government acceptance of the Final Report, the Contractor shall submit an invoice, to

USTDA.

D.1.8. QUALITY CONTROL AND PERFORMANCE ASSESSMENT

D.1.8.1. 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 deliverable 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.1.8.2. 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.1.9. CONFIDENTIALITY

The proposal of the U.S. firm is a proprietary document and should not be distributed without permission from USTDA and the U.S. firm. The Contractor shall treat any proposal and supporting information submitted by the U.S. firm as business confidential in its entirety, unless otherwise stated in writing by the U.S. firm. The Contractor shall not include any business confidential information in the Public Market Report and shall include the following confidentiality certification in the final invoice:

“I hereby certify that the Public Market Report contains no business confidential information.”

D.1.10. 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.1.11. 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.1.12. 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.1.13. PERIOD OF PERFORMANCE:

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

D.1.14. PLACE OF PERFORMANCE:

The places of performance shall be in the partner countries identified by USTDA, and at the Contractor’s facility.

D.2. ATTACHMENTS

ATTCH/ TITLE

EXHIBIT

I Project Report Outline II Impact on U.S. Labor Statement III USTDA Nationality Requirements IV Required Budget Format V Task Completion Schedule VI Budget Narrative Requirements VII Guidance on Climate Resilience Screening VIII U.S. Companies Contacts

(End of Performance Work Statement)

Attachment I – 1

Attachment I

Project Report Outline: Business Confidential Analysis and Recommendation

A. Executive Summary.

The Contractor shall provide an executive summary of its findings and recommendations.

B. Project Description.

The Contractor shall hold meaningful discussions with appropriate contacts to determine how USTDA’s funding can be used most effectively to support the implementation of the project(s) identified in the host country.

The Contractor shall provide a brief description and history of the project (the “Project”). The Contractor shall describe the proposed technology from the U.S. firm to be used in the Project.

The Contractor shall gauge the interest of potential project financiers and potential U.S.

suppliers and assess whether the proposed USTDA activity(ies) will help accomplish the project(s) goals. The Contractor shall provide relevant information to potential project sponsors regarding USTDA’s evaluation criteria, timeline, and due diligence requirements. The Contractor shall describe whether the proposed U.S. solution is technically viable and/or commercially available. If the Contractor finds the proposed U.S. solution is not technically viable and/or commercially viable, the Contractor shall discuss these issues with USTDA program staff before providing a recommendation.

The Contractor shall describe relevant issues to the Project [e.g. host country and/or other stakeholders, sector, Project location, source of raw materials, infrastructure requirements, proposed technological approach, legal and regulatory framework (licenses, permits, etc.), implementation schedule, economic fundamentals (estimated capital cost, operating costs, interest expense, taxes, expected revenues, etc.), the specific objectives of the proposed activity, how the proposed USTDA activity supports the Project implementation process, and any other variables or issues the Contractor deems critical as part of a thorough activity/Project evaluation.]

C. Project Sponsor’s Capabilities and Commitment.

This section describes the Project sponsor’s commitment and capabilities to undertake the activity and the subsequent Project. The purpose is to understand the experience of the Project sponsor and any previous work undertaken by the Project sponsor in the sector. This section should also include a discussion of any potential risks of working with the Project sponsor that could delay Project implementation. This can take many forms but should at a minimum address the applicable points below:

Attachment I – 2

A thorough description of the host country Project sponsor, including its structure, capabilities, operations, and decision‐making ability pursuant to the Project, and

An assessment of the Project sponsor’s commitment and ability to implement the Project (e.g. the Project sponsor’s previous experience, current commitments, responsiveness, business activities, and government mandate).

D. Implementation Financing.

This section describes the Project sponsor’s plans to secure financing to implement the Project.

This can take many forms but should at a minimum address the points below:

An assessment of the overall cost estimate of the Project;

For Projects involving potential equity investment, the Project’s proposed debt‐equity structure to ensure that it corresponds to the requirements of the prospective lenders (this aspect is critical to USTDA’s decision making); and

A review of the financing options for Project implementation.

The Contractor is required to contact officials from the potential financing institutions, including, where appropriate, multilateral lending institutions, Export Import (Ex‐Im) Bank, Overseas Private Investment Corporation (OPIC), and private/commercial sources, to ensure that the Project sponsor(s) has adequately explored all financing options. The Contractor shall provide names and phone numbers of contacts at the potential financing institutions and summarize their comments. The Contractor must determine the most likely source(s) of implementation financing for the Project. The Contractor must ensure that the Terms of Reference (TOR) for the activity fulfill the requirements of the most likely financing source(s).

E. U.S. Export Potential.

This section describes the U.S. export potential that may result if the Project is implemented.

The purpose is to estimate the U.S. export potential in order to justify USTDA funding for the activity. This can take many forms but should at a minimum address the points below:

The Contractor shall provide a best estimate of potential procurement of U.S. goods and services for Project implementation. This estimate should be supported by a breakdown by category and dollar value of goods and services likely to be imported for the Project and an illustrative list of potential U.S. suppliers of the goods and services for those goods and services listed as likely U.S. exports. The Contractor shall include U.S. content in their evaluation of U.S.

exports, including an analysis of U.S. manufacturing and services sourced from the United States that would most likely be used for the Project. The Contractor shall cross‐check the U.S.

firm’s estimates of U.S. export potential with independent relevant sources, such as:

- USTDA program staff and USTDA’s evaluations data;

- The U.S. Department of Commerce’s International Trade Administration;

Attachment I – 3

- Industry and trade associations; and

- Outreach with other U.S. suppliers in the sector.

The Contractor shall describe how procurements are typically conducted: 1) in the sector; 2) by the Project sponsor; and 3) in the host country. The Contractor shall confirm whether there are local content requirements or procurement restrictions in this sector or for the Project and whether a local provider/distributor will be or is likely to be involved in Project implementation.

The Contractor shall also list any import licensing requirements or permits needed by U.S.

companies to participate and supply goods for the Project. The Contractor shall also identify any U.S. companies already working with the Project sponsor or working in the respective sector in the host country.

The Contractor shall provide a report that summarizes its discussions with U.S. companies that provide goods or services for the Project, and their level of interest in the Project should also be included. The Contractor shall take note on not only the U.S. company’s general interest in the relevant sector or country, but also interest in the specific Project. The Contractor shall analyze how competitive the U.S. company’s goods or services would be if the Project reaches the implementation stage. To ensure no one is given unfair advantage to compete for USTDA’s funding or the Project implementation, the Contractor should be sensitive to disclosing information about the proposed USTDA activity.

The Contractor shall submit a complete list of U.S. companies and other entities contacted, with the name and contact information of individuals interviewed and their responses.

F. Foreign Competition and Market Entry Issues.

This section describes foreign competition and market entry issues in the host country. The purpose is to demonstrate why USTDA funding may be needed in order to level the playing field for U.S. companies. This can take many forms but should at a minimum address the points below.

The Contractor shall provide a discussion of the foreign competition for goods and services likely to be procured for Project implementation by category. The Contractor shall include a discussion of U.S. industry competitiveness in each category, taking into account geographic factors, host country industry capabilities, technology and licensee issues, past procurement tendencies of the Project sponsor, and how the procurement is likely to be conducted. Where relevant, the Contractor shall discuss the extent to which market entry issues impede exports and trade and how the activity will help overcome these obstacles.

G. Evaluation Strategy.

This section describes the strategy by which the Project, if implemented, should be evaluated.

The purpose is to concisely describe the baseline goals and objectives of the Project, along with

Attachment I – 4 any potential risks or timeline hindrances, so the actual implementation results can be evaluated accordingly. This can take many forms but should at a minimum address the points below:

Goals and objectives:

o Clearly define the goals of the Project and identify what will constitute success

Ex: For trade capacity building or legal project, any change in law as result of Project o Identify key sources for information needed to determine if USTDA’s activity attained its objective o Identify potential methods of measurement for evaluation specific to the Project

Process and Timeline:

o What is the step‐by‐step process the Project will follow to be implemented, following USTDA’s funding?

o What is the anticipated Project development timeline? This may change, but it is important to know what the original goal is as it will influence USTDA’s evaluation effort.

o How are procurements typically conducted in the sector for this host country?

o Will there be local content requirements?

o Will a local provider/distributor be involved?

o Will there be one big procurement or several smaller ones? Will other entities be involved if the procurements are small?

Risks:

o Identify potential difficulties in measuring results and ways to mitigate those difficulties o Is any regulation needed before the Project can be developed (e.g. power purchase agreement standards)?

o Are there other entities that must authorize/approve implementation? List them according to their priority in the approval chain.

Key Leads:

o Are there US companies that already have business with the Project sponsor or in the sector? If so, what is USTDA’s added value for these companies’ ability to pursue additional business?

o Are there any companies short‐listed for procurements? If so, are they short listed via direct sales, distributor, etc.?

H. Developmental Impact.

The COR shall identify at least one viable and quantifiable Development Impact Measure that will result from the Project being implemented based on the recommendations of the USTDA activity. The Contractor shall provide the following information for each indicator identified by

Attachment I – 5 the COR for each activity: 1) current status, prior to USTDA’s activity and Project implementation (Baseline); 2) anticipated outcomes should the Project be implemented, based on the recommendations of the USTDA activity; 3) the anticipated timeline for the realization of these outcomes; and, 4) how such information can be measured and what sources could be utilized to determine whether the outcome was realized.

I. Impact on the Environment.

The Contractor shall provide a statement regarding the likely consequences the proposed Project may have on the environment. The Contractor shall ensure that the TOR for the activity includes, at a minimum, a preliminary review of the Project’s impact on the environment, with reference to local requirements and requirements of potential financing source(s) of the Project. The Contractor should identify potential negative impacts and discuss the extent to which they can be minimized or mitigated.

The Contractor shall conduct a climate resilience screening utilizing the guidance provided in Attachment VII and, based on climate resilience screening results, provide details, including rationale, on whether (a) an in‐depth analysis is recommended; (b) an in‐depth analysis is not recommended; or (c) whether or not the climate resilience screening has indicated that a proposed Project should not move forward. If in‐depth analysis is recommended, the Contractor shall propose language for the TOR (see section O, #4).

J. Impact on U.S. Labor.

The Contractor shall provide an assessment of the impact of the Project on U.S. labor. The Contractor shall address the legislative prohibitions on the use of Foreign Assistance funds described in Attachment II and any implication such prohibitions may have on the activity and/or Project.

K. Project Implementation Risks.

The Contractor shall articulate the most prominent risks and the potential risk mitigants that may enable activity and/or project implementation success, for example through the specific design of your TORs.

Support for the Project

How has the host country government expressed support for the project?

Is there a stated host country government strategy, policy, or regulation that supports implementation of the project?

What is the breadth and depth of grantee support/engagement on the activity and project? If only one grantee contact is critical and knowledgeable or engaged on the

Attachment I – 6 activity/project, what steps would USTDA or the contractor need to take to respond and mitigate the impact/change of personnel/champion for the activity/project?

Financial Strength and Management Acumen Once the TORs are complete, what will be the remaining impediments to financing the project?

What assurances have you received that the parties have the wherewithal to implement the project?

Regulatory, Legal and Economic Risks

Which permits, licenses, or government agreements that are required at this stage of the project’s development remain outstanding? What are the expected timelines for these approvals? Are any challenges anticipated to obtaining all required approvals for the project?

Will any federal/state/local political cycles or other political considerations, such as sanctions, impact implementation of the project?

Are there contract sanctity challenges in your market, and will these challenges have any bearing on implementation? For example, is there a high likelihood that a power purchase agreement may not be honored if lower energy prices become readily available?

What is the risk profile of the proposed USTDA‐funded activity?

Does the U.S. contractor have a track record working in the host country and industry? With the proposed technology? Bringing early‐stage deals with this technology and/or in the host country to financial close?

What assurances have you received that the parties have the wherewithal to implement the activity?

Should the U.S. contractor be asked for audited financials? If so, do they have them?

If not, what else can the contractor provide to demonstrate financial/operational health?

What percentage of the contractor’s revenue is represented by the USTDA grant?

For RTMs: describe the anticipated impact of the RTM on the country from which delegates are being invited, and what strategy will be used for invited entity identification and selection.

What are the potential risk mitigants that may enable project or activity implementation success?

Are there USTDA‐activity specific mitigants (e.g. terms of reference, cost share/success fee structure, USTDA disbursement timing, etc.) that can help mitigate the above risks?

Are there any performance or completion guarantees or other mechanisms will be incorporated into the activity to mitigate completion risks?

Attachment I – 7

If the risks cannot…