Encl_1_All_Sections_incl_SOW.pdf

RFQ-PO201661165

CHINA – Anesthesiologist Train the Trainer Desk Study (DS)

TABLE OF CONTENTS

SECTION A

SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B – CONTINUATION OF SF1449 BLOCKS

B.1 SCHEDULE OF SUPPLIES/SERVICES

B.2 G&A/OVERHEAD/PROFIT

B.3 CONTRACT ADMINISTRATION DATA

SECTION C – CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMNT TO INFORM

EMPLOYEE OF WHISTLEBLOWER RIGHTS (APR 2014)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER

(MAY 2011)

52.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) (JUL 2014)

52.232-39 UNENFORCEABLITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDER – COMMERCIAL ITEMS (NOV 2015)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (NOV 1999)

SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 STATEMENT OF WORK

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 SCHEDULE OF SUPPLIES/SERVICES:

(Continuation from Standard Form 1449, block 19 through 24)

Item Supplies and Services Type Price

001A 30% following a Kick-Off meeting FFP

001B 30% following submission of the Final Report FFP

001C 40% following Government acceptable of the Final Report FFP

Grand Total

B.2 G&A/FRINGE/OVERHEAD/PROFIT:

None

B.3 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer (or Designated Representative)

US Trade and Development Agency

1000 Wilson Blvd., Suite 1600

Arlington, VA 22209-3901

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made as follows:

a. Contractor shall submit invoices electronically on a monthly basis to invoices@ustda.gov.

b. In accordance with FAR 52.212-4(g) Invoice, the following information must be provided:

Name and address of contractor

Invoice date and invoice number

Contract number and contract line item number

Description, quantity of measure, unit of measure, unit price and extended price of services performed;

Terms of any discount for prompt payment offered; and mailto:invoices@ustda.gov

Name, title, telephone number and mailing address of person to be notified in the event of a defective invoice.

c. The contractor is responsible for providing the Contracting Officer with Electronic Funds

Transfer (EFT) banking information at the time of award. Failure to provide EFT information at time of award may delay payment.

3. INVOICES: Invoices shall be submitted in arrears:

a. Weekly [ ]

b. Monthly [ ]

c. Quarterly [ ]

d. As Required [X]

SECTION C – CONTRACT CLAUSES

a. CLAUSES INCORPORATED BY REFERENCE

52.203-17 Contractor Employee Whistleblower Rights and APR 2014

Requirement to Inform Employee of Whistleblower

Rights

52.204-4 Printed or Copied Double-Sided on Postconsumer MAY 2011

Fiber Content Paper

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

b. CLAUSES INCORPORATED BY FULL TEXT

52.212-5 Contract Terms and Conditions Required to NOV 2015

Implement Statutes or Executive Orders

-- Commercial Items.

52.217-8 Option to Extend Services NOV 1999

52.252-2 Clauses Incorporated by Reference FEB 1998

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders

-- Commercial Items (Nov 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards

(Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

__X_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

__X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned

Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB)

Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014)

(E.O. 13126).

__X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

___ (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s

13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct

2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

__X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving

(Aug 2011) (E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014)

(41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19

U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-

283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__X_ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014)

(42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --

Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of

FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--

Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O.

13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May

2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.217-8 Option to Extend Services NOV 1999

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days.

52.252-2 Clauses Incorporated by Reference FEB 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisition.gov.

http://www.acquisition.gov/

SECTION D – ANY CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

D.1 STATEMENT OF WORK (SOW)

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 Contract to support or improve its decision-making relative to the funding of an activity in a developing or middle-income country. The Contractor shall provide a report (a “Business Confidential Analysis and Recommendation”) to USTDA, which will:

Assess and provide a recommendation on whether or not USTDA should provide funding for the proposed feasibility study, technical assistance or other trade capacity building activity, hereinafter referred to as “activity;” and

Provide supporting analysis for the recommendation on the activity in a final report (“Final

Report”) that analyzes all the relevant issues.

Specifically, USTDA has received a request for funding from the Chinese Society of Anesthesiology

(CSA) in China for technical assistance (TA) to be conducted by a U.S. firm on the Anesthesiologist

Train the Trainer project (the “Project”). In support of that request, USTDA has received a detailed proposal from a U.S. firm (hereinafter referred to as the “U.S. firm”) to perform the technical assistance. USTDA is now considering whether to provide funding for this activity.

USTDA intends to contract with a U.S. company (the “Contractor”) to perform a Desk Study to assess:

(1) whether or not the Project meets USTDA’s basic funding criteria (below); (2) develop and recommend the appropriate Terms of Reference (TOR) for the activity; and (3) develop an appropriate budget for the TOR recommended for the activity.

D.1.2.1. USTDA Funding Criteria:

The Contractor’s recommendations shall be based upon USTDA funding criteria, which are that the

Project must: (1) be likely to receive implementation financing, (2) have a procurement process that provides “equal access” to U.S. companies; (3) represent an opportunity for sales of U.S. goods and services that is many times greater than the initial investment of USTDA assistance; (4) 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 (5) 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.

The Contractor shall also be required to review a preliminary concept proposal for the aforementioned train the trainer program TA submitted by the U.S. firm. The Contractor shall review the terms of reference and budget for the project, as well as further assess potential developmental impacts, U.S.

industry competiveness, and foreign competition. The U.S. firm has stated, and the DS Contractor will be asked to confirm, that no animals will be harmed during the training program.

D.1.2.2. 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 IX. Categorical exclusions to climate resilience screening include: all Global Procurement Initiative activities, all de minimis training grants, and all International Business Partnership Programs (i.e. reverse trade missions, conferences, and workshops). Activities that fall into the categorical exclusions do not need to undergo a climate resilience screening.

D.1.2.3. Project Profile:

The desk study consultant shall review a technical assistance (TA) proposal for the Chinese

Society of Anesthesiology (CSA) on a train-the-trainer program that will train Chinese anesthesiologists in advanced hemodynamic monitoring technologies, specifically for perioperative

(before, during, and after operation) Goal Directed Therapy (GDT). The proposed grantee, CSA, is an entity under the Chinese Medical Association, a non-profit organization in China. If approved, the training would be conducted on a cost-shared basis with the U.S. firm.

Perioperative GDT refers to the utilization of advanced monitoring technologies that help anesthesiologists better assess cardiovascular performance of patients during surgeries. These advanced monitoring technologies provide critical information that enable anesthesiologist to more accurately administer fluids and provide other medical treatments as needed. The benefits of GDT include reducing the risk of post-operative complications, improving overall patient safety, and reducing a patient’s average stay in the hospital.

Currently, most anesthesiologists in China do not practice perioperative GDT while conducting high-risk surgeries as they lack the appropriate training to apply these advanced monitoring technologies. This gap in human capacity creates a major barrier for U.S. manufacturers and service providers that offer solutions in this sector. Accordingly, the proposed TA would be aimed at addressing this gap by training Chinese senior anesthesiologists on advanced hemodynamic monitoring technologies and GDT so that they would be capable of training other qualified technicians in China on the clinical principles and use of hemodynamic monitoring technologies. If these technologies are implemented throughout China, the quality of healthcare in China is likely to improve, and U.S.

companies would gain entry into a new critical market within the healthcare sector. Specifically, the

U.S. firm believes this training would create new opportunities for several of their products, including their monitoring systems, catheters, and disposables. In addition, other U.S. firms that provide both medical equipment and pharmaceuticals during the perioperative GDT process are also likely to benefit from the project.

D.1.2.3. Methodology:

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

D.1.2.3.1. After reviewing the proposal, contact the COR at (703) 875-4357 to discuss initial observations and raise any questions or concerns about the proposal and the Project. At this time, USTDA will provide the Contractor with additional guidance on the Agency’s requirements for the preparation of TOR and budget. The Contractor shall also consult with USTDA's Evaluations

Department regarding the drafting of host country development impact measures for the Final Report

(see Attachment I below, Section O.6 of the Business Confidential Analysis and Recommendation

Outline).

D.1.2.3.2. Review the proposal in detail and, if necessary, request additional information or clarifications from the U.S. firm. A copy of any such request should be provided to the COR.

D.1.2.3.3. Deliverables:

D.1.2.3.3.1. The Contractor shall review the proposal and provide to USTDA a Final Report, including the following one separate electronic volume(s) to USTDA:

(a) One Business Confidential Analysis and Recommendation. The Business Confidential Analysis and Recommendation must conform to the outline found in Attachment I and provide the requested information and analysis, unless otherwise agreed to in writing by USTDA.

D.1.2.3.3.2. The Contractor shall submit all deliverables under this Contract to the COR no later than one (1) month from date of Contract award.

D.1.2.3.4. Final Report:

The Final Report shall include the TOR and budget that the Contractor has developed in coordination with the Project sponsor and U.S. firm. If it is anticipated that the Final Report cannot be provided within three weeks, 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.

The Final Report shall incorporate all mutually agreed upon material and revisions. It 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. 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 vai the following email:

finalreports@ustda.gov

The email subject line must include the title of the desk study and the project number so that it is easily identifiable. The Public Market Report shall be submitted as a separate electronic document, subject to the same requirements as those noted above. 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.1.3. PERIOD OF PERFORMANCE:

The Period of Performance for this Contract shall be six months from the date of the Contracting

Officer's signature on the Contract.

D.1.4. PLACE OF PERFORMANCE:

The places of performance shall be at USTDA's Office, Arlington, VA and at the Contractor’s facility.

D.1.5. QUALITY CONTROL AND PERFORMANCE ASSESSMENT:

D.1.5.1. Quality of Final Report:

The Final Report 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 Final Report 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.1.5.2. Performance Assessment

1. Monitoring Performance. 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).

2. CPARS Assessment. 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. 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.1.7. 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 Desk Study 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. 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.2 ATTACHMENT

ATTCH/ TITLE

EXHIBIT

I Desk Study Business Confidential Analysis and

Recommendation Outline

II Desk Study: Public Market Report Guidance and Outline (Optional – Not Included)

III Impact on U.S. Labor Statement

IV USTDA Nationality Requirements

V Required Budget Format

VI Task Completion Schedule

VII Budget Narrative Requirements (Optional – Not Included)

VIII Guidance on Development Impact Assessment

IX Guidance on Climate Resilience Screening