SOL-521-15-000059_Port_Strengthening_CHP_Haiti_Full.pdf

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PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES

B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE

F DELIVERIES OR PERFORMANCE

G CONTRACT ADMINISTRATION DATA L INSTR., CONDS., AND NOTICES TO OFFERORS

H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

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11. TABLE OF CONTENTS

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SOLICITATION, OFFER AND AWARD

SOLICITATION

OFFER (Must be fully completed by Offeror)

AWARD (To be completed by Government)

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SOL-521-15-000059

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United States Agency for International Development/Haiti Embassy of the United States Port-au-Prince, Haiti Boulevard du 15 Octobre Tabarre 41, Tabarre, Haiti

USAID HAITI OAA Office jedesrosiers@usaid.gov lllherisson@usaid.gov usaidhaitioaa@usaid.gov

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X 86 mailto:jedesrosiers@usaid.gov mailto:lllherisson@usaid.gov mailto:usaidhaitioaa@usaid.gov

Table of Contents

PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE

B.3 BUDGET, CEILING PRICE, AND LEVEL OF EFFORT

B.4 PAYMENT

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 TITLE

C.2 PURPOSE

C.3 BACKGROUND

C5. SCOPE OF WORK

SECTION D – PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CONTRACT PERFORMANCE EVALUATION

E.2 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.3 INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

F.2 REPORTS AND DELIVERABLES OR OUTPUTS

F.4 MANAGEMENT OF CONTRACT

F.5 PLACE OF PERFORMANCE

F.6 AUTHORIZED WORK DAY /WEEK

F.7 Personnel

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998)

G.2 CONTRACTING OFFICER'S AUTHORITY

G.3 ACCEPTANCE AND APPROVAL

G.4 INVOICES

G.5 CONTRACTING OFFICER’S REPRESENTATIVE

SECTION H – SPECIAL CONTRACT REQUIREMENTS

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

52.204-12 Data Universal Numbering System Number Maintenance (DEC 2012)

52.204-13 System for Award Management Maintenance. (JUL 2013)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J – LIST OF DOCUMENTS EXHIBITS AND OTHER ATTACHEMENTS ... 61

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 GENERAL INFORMATION

M.2 TECHNICAL PROPOSAL EVALUATION CRITERIA

M.3 COST PROPOSAL EVALUATION

PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to support the Cap Haitien Port (CHP) Regulatory

Strengthening Project. The goal of the project is to provide services to Haiti’s National Port

Authority (Autorite Portuaire Nationale or APN) to assist in preparing its staff at the CHP for operation through the process of port rehabilitation, bidding and operation by a new terminal operator as part of the CHP Rehabilitation and Public Private Partnership (PPP) Project.

B.2 CONTRACT TYPE

This is a Time and Materials type contract for commercial items in accordance with the Federal

Acquisition Regulation (FAR) 16.601. All labor categories use fixed daily rates. For the consideration set forth in the contract, the Contractor shall provide the deliverables or outputs described in Section C and comply with all contract requirements.

B.3 BUDGET, CEILING PRICE, AND LEVEL OF EFFORT

The price and costs of this solicitation is between $ 2,800,000 - $ 3,300,000 .

a. The total estimated cost for the performance of the work required hereunder is $TBD

b. Within the estimated cost specified in paragraph (a) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor for performance hereunder is $ TBD. The Contractor shall not exceed the aforementioned obligated amount.

c. Funds obligated hereunder are anticipated to be sufficient through TBD.

d. The Contractor will not be paid any sum in excess of the total estimated cost.

e. Estimated Contract Budget

DESCRIPTION Total

LABOR $X

OTHER Direct COST $X

INDIRECT COST ON ODC $X

TOTAL ESTIMATED COSTS $X

f) Fully Burdened Rates:

Items Year 1 Year 2

Labor category Fixed

Daily Rate

Fixed Daily

Rate

LOE

(DAYS)

LOE

(DAYS)

The labor rates in this section reflect the fully-burdened rates for each labor category. The fully-burdened labor rates include all direct, indirect, general and administrative costs.

The Level of Effort (LOE) is measured in eight-hour days. The individuals that have been approved for the above labor categories are listed in Section F.7.

B.4 PAYMENT

The Contractor shall invoice for technical services provided in accordance with Section G.4;

however, the Contracting Officer’s Representative (COR) must accept and approve all deliverables and outputs in accordance with Section E before payment may be made.

The paying office is provided in Section G.4..

[END OF SECTION B]

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 TITLE

The Title of the Project is “Regulatory Strengthening Project Cap-Haitien Port”.

C.2 PURPOSE

As described in the following section, USAID has committed to support the Government of

Haiti (GOH) in boosting economic development in the north of the country through the rehabilitation of the Port of Cap Haitien. In order that Port regulation not prove an obstacle to future port efficiency, USAID will fund a project to provide services to Haiti’s National Port

Authority (Autorite Portuaire Nationale or APN) to assist in preparing its staff at the Cap

Haitien Port (CHP) for operation through the process of port rehabilitation, bidding and operation by a new terminal operator as part of the CHP Rehabilitation and Public Private Partnership (PPP) Project. Engaging an appropriate contractor to implement this assistance is the object of the present solicitation.

C.3 BACKGROUND

CHP Project

The GOH and USAID agreed through a Project Implementation Letter (PIL) to implement the

Cap Haitien Port Rehabilitation and PPP project (CHP Project), which will result in improvements to the infrastructure at CHP, significant regulatory reforms to GOH agencies involved in operations at CHP, and the establishment of a contract to a private terminal operator through a PPP transaction.

Reform of the regulatory environment at CHP is a key element of the overall Project and is critical to its success. The PIL establishes the commitment to carry out reform of port regulations at CHP as well as capacity building of APN to support its revised regulatory role.

This document established the scope of work for technical support to be provided to Autorité

Portuaire Nationale at CHP, funded by USAID.

PPP Transaction

A central component of the CHP Project is a transaction being led by the International Finance

Corporation (IFC) through a Public International Organization (PIO) grant from USAID. This transaction will result in a new contract with a private operator of a container terminal at CHP, which is intended to bring investment and operational expertise and improve the quality of port services. This contract will accompany investments that are made to improve port infrastructure with funds from USAID, as well as other improvements to access roads made by the GOH, all delineated in the PIL.

Given the exclusive rights to handle containerized cargo that a new operator is expected to have at CHP, it is extremely important to ensure that the regulatory environment sufficiently protects the public interest while fulfilling APN’s regulatory objectives. The contract that emerges from this transaction and governs operations at CHP will need to clearly delineate this regulatory environment, in some cases referring to the legal foundations of regulation established in other documents, but in most cases prescribing specific regulatory provisions directly in the contract. These will include provisions to ensure a high level of performance, as well as economic protection of users.

APN Regulatory Reform

The APN is currently undertaking a broad effort to reform the regulatory environment at the national level. The GOH vision for port sector regulation is articulated in a Port Reform Policy

Note, signed by the Ministry of Economy and Finance (MEF) on May 26, 2014, which targets a shift in the role of the APN away from direct involvement in operations toward one that is primarily focused on port sector planning, administration and regulation, leaving the role of direct operation to the private sector.

Among other actions to be taken to implement the reform program, APN is currently working with the MEF and Inter-American Development Bank (IDB) to prepare a new ports law that will govern activity in the sector. While the law has not been finalized, nor introduced and approved by the Legislature, it will be important for the design of the CHP Project to anticipate it and ensure future compatibility. The law is expected to be passed in mid-2016. It is also important to note that the law anticipates a restructuring of APN into two different entities, each with distinct functions. A new National Authority of Ports Sector Regulation (Autorité

Nationale de Régulation du Secteur Portuaire, or ANAREP) will function as regulator of all port sector activity, while a new Haitian Society for the Management and Operation of Public Ports

(Société Haïtienne de Gestion et d’Exploitation des Ports Publics, or SOGEPP) will be responsible for operations at public ports. It is anticipated that this contract will require support to APN in fulfilling its regulatory role at CHP, with a transition to the entities that survive the reform (mainly ANAREP, but also potentially SOGEPP). In the interest of clarity, references in this document will be made only to APN with an understanding of the eventual institutional restructuring.

Regulatory strengthening at CHP

Given the change implied by both the CHP Project and the overall regulatory reform of the port sector, it is expected that a great deal of support will be required to aid APN in its transition. This should include anticipation of key regulatory issues that must be addressed in the design of the PPP transaction, but also in the provision of technical support and capacity building to the APN as its roles shift and evolve. The regulatory strengthening component of the CHP Project is considered to be a “pilot project” that will to some degree proceed in advance of the broader system-wide reforms undertaken by APN, but at the same time must ensure consistency in the long term. Also, while the focus of support will be exclusive to CHP, it is expected that the development of policies and procedures should be easily adaptable to

APN’s broader needs and can serve as the basis for its general post-reform regulations.

Roles and Functions at CHP

To consider the framework for port sector regulation, it is important to start with an identification of the roles and functions of the entities that will be engaged. Table 1 below presents a proposed functional matrix for a comprehensive set of port-related activities. This represents an interpretation of the intent of the APN, as reflected in the Port Reform Policy

Note and the CHP Project. It is also generally consistent with international best practices, with appropriate and rational allocation of responsibilities.

The following points are worth noting:

● The MEF shares a regulatory role in many important functional areas, including national port development planning, issuance and management of concessions, and in various aspects of regulation, including economic regulation, tariff-setting by operators, setting of port dues, and competition regulation.

● The Maritime and Navigation Service of Haiti (Service Maritime et de Navigation d’Haïti, or SEMANAH) plays the role of the maritime safety regulator, including management of international protocols (such as IMO) and management of channel navigation aids. It is worth noting that, in the case of CHP, the navigation aids close to the port are considered to be within APN’s jurisdiction in its role as harbor master and thus fall outside of SEMANAH’s jurisdiction.

● The role of the concessionaire/terminal operator is limited narrowly to operation within designated areas, including cargo handling and routine maintenance.

The functional organization envisioned for CHP is quite conventional and aligns with international best practices for a port of its scale. The challenge will be to ensure that the PPP transaction and surviving concession contract effectively capture the key regulatory issues and enable APN (and other appropriate GOH entities) to perform their regulatory functions.

Table 1: Proposed Functional Matrix for Port Related Responsibilities

Function

Responsibility

Port

Authori ty

(APN)

Econo mic Regula tor

Navigat ion Safety

Regulat or

Conces sionaire

Termin al

Operat or

Transpor t- Public Works

Agency/

Transpor t

Regulator

Other (specify)

Planning and Engineering

Master Planning X

National Port Development

Planning

X MEF

Port Maintenance Management X

(Public) Port Construction

Supervision

X

Day-to-Day Maintenance (common use areas)

X

Day-to-Day Maintenance

(concessioned or leased areas)

X

Operations

Aids to Navigation (inside harbor)

X

Aids to Navigation (approach channel to harbor)

X SEMANAH

Pilotage X Pilotage

Association (may become privately operated)

Tug Assist Private

Operator

Safety and Security (Perimeter and Common Use Areas)

X

Safety and Security

(Concessioned Areas – APN has regulatory compliance of

ISPS)

X regulat es

X implem ents

Port Operations Regulation X

Berth Assignment X APN for non-concessioned terminal

Property Management X

Cargo/Vessel Handling X

Public Port Administration

Personnel X

Accounting/Finance X

Payroll X

Legal/Risk Management X

Contracts/Leases X

Award of Licenses/License

Supervision

X

Issuance of Concessions X MEF Admin Board approves contract but

APN signs

Concession Supervision X Concess.

Commission

Marketing and Promotion X

Information Services X

Regulation

Operational Regulation X

Economic Regulation/Tariff

Setting (port services)

X MEF participates

Port dues setting/approval X MEF approves

Competition Regulation X MEF may intervene

International Protocols/Obligations (e.g.

IMO)

X SEMANAH

Port Regulations

The rules governing all aspects of port regulation should be included in the contract that results from the PPP transaction. Given the current context of regulatory reform in Haiti, it will be important to provide as much certainty as possible directly in the concession contract documents with respect to the regulatory “rules of the game.” These should be detailed according to the following categories:

● Operational regulation, which applies to all port users and to which the operator must ensure adherence to operational rules in regards to the use of its terminal;

● Performance regulation, which should include measurable performance standards that must be met by the operator.

● Economic regulation, which should include tariffs charged by the operator.

● Competition regulation, in which the terminal operator is constrained from engaging in anticompetitive behavior, and also afforded certain protections against inefficient competition.

Prior to the award of the contract to provide support to APN at CHP, a number of actions will take place to ensure that the foundations of a proper regulatory environment are laid in the

PPP transaction documents. Nathan Associates, which is supporting USAID, will provide assistance to APN in a number of areas that result in the definition of regulatory rules that PPP operator must abide by through the life of its contract. These will establish a key starting point for the regulatory strengthening Contractor in carrying out its work.

C5. SCOPE OF WORK

This scope of work (SOW) should be carried out by a Contractor to provide services to APN to assist its staff at CHP in making the shift away from direct involvement in operations toward one that is primarily focused on port sector planning, administration and regulation through the concurrent process of rehabilitation, bidding and operation by a new terminal operator. The

SOW has been developed in consultation with APN to ensure that the services align with

APN’s perceived needs. It is focused on applying best practices in port sector regulation at

CHP and is designed to draw on relevant experiences in other countries.

The port regulatory strengthening contract (Contract) should be implemented to coincide with the rehabilitation of CHP, PPP bidding process, and transition to operations by a new terminal operator at CHP. In the context of so much change at CHP, it will be important for APN to clearly establish itself in a strong regulatory role to ensure that these changes take place under a well-organized system of regulatory oversight and management. The Contract should therefore anticipate the need to evolve over time, with activities changing in both focus and level of effort over different phases in port development and operation. To ensure success, it will be important that the support of APN provided by this contract extend over a period of two years, enabling APN to develop consistent practices throughout the transition.

A critical element of the Contract will be the establishment of a GOH counterpart working group to work closely with the Contractor’s team throughout the duration of the contract.

This group (which should include both men and women) should participate actively in all aspects of the services provided under this contract, and also serve as a liaison between the

Contractor and the broader regulatory reform activities being undertaken by APN. Given the

GOH’s current project to implement a new ports law and the subsequent need to develop regulations that fit within the context of the new law, it will be essential that the Contract develop tools that are compatible with future law and regulations. The counterpart working group will play a key role in assuring coordination and compatibility, and the Contractor will be expected to diligently work toward this end.

Note: the offeror will ensure that technical assistance and training to APN include gender integration, opportunities to ensure equal opportunity, and activities to reduce the gaps between males and females within APN at the CHP.

The key elements of the SOW are summarized as follows:

1. Benchmarking study

The Contractor shall prepare a desk study that analyzes best practices in port management and regulation, and draws on specific examples from around the world. This analysis should focus on both positive and negative examples, and consider experiences in ports, countries and organizations that are relevant to the case of CHP. The analysis should also examine cases of how port regulation and management practices can impact men and women differently, how to mitigate possible negative impacts and capitalize on positive ones, and how this can be applicable to the CHP. The conclusion of this study should be a set of recommendations for how APN should carry out its regulatory functions at CHP, drawing on experience in the industry.

2. Review of APN staffing plan

Given the scope of change in the Haitian port sector - both at the national level, with respect to organizational and institutional changes; and particularly in Cap Haitien with respect to the entry of a new container terminal operator - it will be essential to premise the program of capacity building applied through the Contract on an assurance that the key functions to be carried out in port sector regulation and administration are staffed appropriately. This means that the organizational structure, functions and responsibilities, staffing levels, and required skills and experiences of employees will likely be quite different from current conditions.

The Contractor will review the staffing plans that have been prepared by APN and other consultants, focusing specifically on Cap Haitien, and prepare a diagnostic that indicates the need or opportunity for change to ensure that it aligns most effectively with the port’s regulatory needs. The Contractor should also suggests strategies to support APN in Cap

Haitien to comply with Haiti’s constitutional quota of 30 percent women in public service.

Working with a counterpart staff designated by APN, the Contractor will assist in proposing corresponding modifications to the staffing plan. It is worth emphasizing that the success of training delivery will depend greatly on the quality of the staffing plan and the degree to which the experience and skills of each employee align with the requirements of his or her job.

3. Review of APN management and information systems

The Contractor will review current and planned systems for managing information at CHP to support its regulatory and administrative functions. The Contractor will identify needs for ICT equipment and software to align with APN’s staffing plan and planned regulatory functions and make recommendations for implementation of ICT equipment, software, and training.

4. Port tariff analysis tool

APN has the right to set tariffs to help offset costs of providing facilities and services within a port’s jurisdiction, as is standard practice for most ports under public ownership in the world.

Under Haiti’s future institutional framework, APN will have to submit proposed tariffs to the

MEF for approval. To assist in the determination of proposed tariff adjustments, it is expected that APN will need to carry out analyses to justify its recommendations on the basis of principles of economics. This should enable APN to demonstrate why tariff adjustments are needed as well as to measure the impact of tariff adjustments on APN’s financial flows.

The scope of tariffs that APN will charge in the future at CHP is limited by its future role in port administration and regulation. Generally, port authority tariff revenues can come from infrastructure usage fees (may be referred to as berthage charges, wharfage fees, or simply infrastructure use fees, generally to cover the cost of provision and maintenance of common use areas), channel navigation (to cover the cost of navigation channel maintenance), anchorage

(to cover the cost of providing and maintaining anchorage areas), and aids to navigation (to cover navigation aids maintenance). Altogether, these are commonly referred to as port dues.

Additionally, some port authorities assess harbor security charges. APN can be expected to apply a tariff to cover their cost.

The cost of cargo handling, storage and other services to cargo that will be provided by operators within the port will be recovered by a system of tariffs that operators will have the right to charge to port users. These tariffs include many that are currently charged by operators with existing leases at CHP. The new container terminal operator will similarly hold the right to charge tariffs for its services under the terminal of a new contract. In the future, APN will assume an expanded role in regulating the tariffs of operators and lessees. This will require similar analysis based on economic principles to determine the levels of tariffs that operators can charge, to set the rules for tariff increases over time, and to monitor and regulate actual tariffs charged.

It will also be important for APN to monitor the totality of tariffs charged by all public and private entities at CHP and assess the all-in costs to users. This will be useful to measure the cost competitiveness of CHP as compared with other ports in the region of a competitive or comparable nature.

The Contractor will thus prepare a Tariff Analysis Tool that will allow APN/Cap Haitien to test the effects of tariff adjustments on its cash flows while ensuring cost competitiveness. Hence, the Tool should provide a systematic simulation of the cash flows generated by APN/Cap

Haitien and structured to consist of a set of input spreadsheets or screens representing major determinants or components of the APN’s financial flows. The Tool should also generate Pro

Forma Financial Statements, projecting the income (profit and loss) statement, cash flow statement and balance sheet for APN under assumed tariff scenarios and other revenue sources such as expected or projected lease, concessions, etc. The Tool should also generate a dashboard of key indicators under an assumed tariff scenario. The Tariff Analysis Tool shall be accompanied by a User’s Manual to be used in the capacity building activities noted below.

5. Contracting and licensing tool

There are various forms of contracts that port authorities can use to engage port service providers. These contracts are normally associated with the use of assets and lands, or for the construction of new facilities. Licenses are normally awarded as permits to allow service providers access to infrastructure or harbor areas to provide services. APN/Cap Haitien in the future will likely issue licenses and engage in contracts relative to the various services that can be provided in the port.

Contracts and Leases

APN/Cap Haitien will have the ability to engage in various contract mechanisms. These may consist of concession contracts, leases, management contracts, or licenses. Normally, concession agreements are used where there are substantial investment requirements imposed on the concessionaire (terminal operators). Leases refer to payment for the use of a property or an existing asset, usually tied to a specific purpose, and not necessarily involving substantial investment, although long-term leases may be used in the case of services that require larger investments in equipment and warrant operation over a longer period than a traditional lease, although not as long as a concession. Management contracts are used where the port authority will pay an operator, usually on a per unit cost basis (e.g., TEUs, moves, tons, or turns), for providing a specific service. These mechanisms are usually used when the business volume does not justify private investment or where a facility has already been built and the port authority needs professional management of the facility.

The Contractor shall prepare a Contract Tool consisting of templates for the contract mechanisms described here. The Contract Tool is not intended to address the ongoing container handling concession efforts underway, but instead shall focus on the development of contract mechanisms that APN/Cap Haitien can use in future years. They need to be designed with flexibility to allow APN/Cap Haitien to use the template in a variety of payment scenarios and structures, thus requiring only nominal edits to fit the specific circumstance for the contract. The World Bank’s Port Reform Toolkit provides a basic framework for concession contracts, but these do not provide, nor were they intended to, all of the provisions necessary to achieve a balance of risks and obligations between the parties to an agreement and in the

Haitian legal context. Global experience shows that port authorities provide varying degrees of risk and protection from both port authority and private sector perspectives. Ideally, provisions should be made where either party is held accountable for contract compliance.

Additionally, the contract should reflect Haitian law and global best practice for contracts.

Provisions should be accompanied with annotations explaining the purpose of the clauses.

Licenses

Licenses are used for the right to provide a service; licenses can be given to stevedoring and line handling companies to provide access to common access berths and storage areas and to tug operators for access to the harbour area. Port authorities may charge “infrastructure use” fees to licensees based on the unit volume of services provided and tug companies may be charged for use of the berths in the port areas or for use of the harbour waters.

The Licensing Tool prepared by the Contractor should consist of templates for a range of port services, including stevedoring companies, line handling companies (if different from stevedoring companies), and tug assist, among others. Additionally, requirements under Haitian law, particularly in regards to insurance liability requirements, need to be reviewed for legal conformity of the license application and licensing procedure.

Templates prepared for contracts and licenses shall be composed in a Contracts and Licensing

Template volume and shall be used as the basis for training in the capacity building exercise described below.

6. Operational performance monitoring tool

The Contractor shall propose and develop a system of measuring performance at CHP that is built on performance metrics that will be collected and reported. These metrics should be consistent with international best practices and enable APN/Cap Haitien to track performance by individual operators at CHP, but also by the port as a whole. They should also facilitate the establishment of performance benchmarks or targets and subsequent comparison with actual results.

Performance indicators generally can be designed to capture the range of services offered to cargoes or vessels and hence are indicative of port performance. These standards may address factors relative to the risk of berth congestion, including vessel port time, vessel berth waiting time, vessel berth time, and truck turn time. Vessel port time would capture the time required for pilotage, tug assist, and vessel time at berth. These times are important relative to the carriers, particularly container ships, as they strive to minimize port time to lower the risk of delays on their service patterns. Extended port time may lead to congestion, which in turn may lead also to penalty surcharges the vessel operators will impose on shippers.

Because factors at the gate are known to cause berth congestion by slowing the terminal operation, which eventually impacts berth performance, performance standards now can include factors related to gate processing, such as truck queue time and truck turn time.1 In an effort to ensure APN/Cap Haitien has the ability to monitor performance, the Contractor shall develop a set of carefully defined indicators that could be applied on a consistent basis, enable port authorities to monitor performance, and allow for equitable comparisons of terminal operations performance across port authority jurisdictions. These indicators shall also include those inserted within the provisions of the draft container handling concession contract or, in the event the draft contract has not yet been prepared, shall include indicators that the

Contractor recommends being inserted into the draft concession contract for container handling services. In addition to the definition of the indicators, the Contractor shall identify sources for needed underlying data for their calculation and frequency of reporting.

In addition to defining the set of indicators, it is important to devise a reporting system framework to ensure that APN/Cap Haitien and relevant GOH ministries receive the needed data from operators to calculate the defined set of indicators. Data should be reported electronically by the data sources for calculation by APN. The system should also be extended

Cargo dwell time is generally not a good indicator of overall performance because shippers and terminal operators exercise discretion in shortening or lengthening storage time in accord with demand and because operators have little influence on customs clearance requirements. As long as the yard is not congested, terminal operators will use excess capacity to generate revenue at prices that encourage shippers to keep their containers in storage.

to include an online reporting system that enables port users and the general public to observe port performance through the APN website.

The metrics used for measuring performance should be based on a number of important principles, such as: (i) pertinence to what is being measured; ii) consistency with standard measures of performance internationally; (iii) objectivity, with no ambiguity about what is being measured; (iv) auditability, to ensure reliability; (v) unequivocalness, with no room for misinterpretation or re-interpretation; (vi) consistency with current terms of contracts with individual operators; and (vii) ease of measurement and collection of data, relying on readily available information to the maximum extent.

Once calculated, the indicators should be reported on the basis of monthly, quarterly, and annual averages and eventually published on APN’s website. A manual shall be prepared with instruction for calculating the indicator and the source of base data for their calculation, among other items needed to implement a performance indicator system that allows for effective monitoring of operational performance. The manual shall be used as the basis for the capacity building task described below.

7. Port operational regulation tool

As the port sector’s regulator, APN/Cap Haitien will have the responsibility for establishing operational rules governing port operations and the harbor area in its jurisdiction. This responsibility is normally carried out through a set of operational rules and regulations that most port authorities issue as part of a port tariff. The reasoning is that all port users will have access to needed information in one source rather than have to chase down the information that may be held by a number of disparate government bodies. The tariff and operational rules and regulations are also normally made available in English via port authority websites to facilitate easy access.

The Contractor shall prepare an Operational Regulation Tool composed of a template of the tariff provisions and operational rules and regulations in conformity with APN requirements, international protocol obligations as appropriate, and global standards. The template should include annotations offering clarifications as to why the provisions, rules, and regulations are required, as necessary. The template shall be prepared as a User’s Manual and used as the basis for the institutional capacity building activity described below.

8. User manuals

The manuals developed above shall take advantage of successful and relevant experience elsewhere. At the same time, it will be important to ensure that the manuals fully reflect the vision and policies currently being implemented by APN to follow the Port Reform Policy Note, including a new Ports Law. This will necessarily require a great deal of coordination with APN to ensure consistency, with the spirit of the capacity building efforts applied at CHP serving as a pilot project that can be a model used by APN more generally. The manuals should break down regulatory activities into broad categories, and then provide details within each that relate to the roles of individual APN staff. All manuals shall be produced in English and French.

9. Staff training

Throughout the contract, the Contractor shall provide training to APN staff members in performing their jobs, following the procedures and systems developed in previous tasks. The training should be delivered in such a way that differentiates functions and levels of responsibility of APN staff. Where possible, the training/manuals should incorporate non-discrimination/sexual harassment modules. Early in the contract, it should be focused mainly on the counterpart working group, which will comprise a small group of relatively senior staff designated as official counterparts. Based on the completion of these tasks, training shall be broadened to include a larger staff with more specific roles focused on narrower aspects of port regulation identified in the procedures manuals.

Manuals shall be accompanied by training materials, including syllabus, PowerPoint presentations, and classroom exercises. The Contractor should assume no more than 10 individuals participating in each workshop, ensuring as much gender parity as possible among participants.

Task schedule

The tasks described in the previous sections shall be carried out within three main components of the Support Project. These components, the tasks that comprise them, and the implementation schedule are described in this section.

Component I – Mobilization

● Mobilization. The Contractor will be required to mobilize key staff and equipment within four weeks from project start. This will include setting up office facilities at CHP.

Key deliverable: Inception Report.

● Establish counterpart working group. The Contractor will work with APN to establish a counterpart working group. This will include setting a schedule for regular meetings, preparing orientation material, and holding the first meeting within the first two months of the contract.

Key deliverables: Orientation materials, schedule for working group meetings throughout duration of Support Project.

● Detailed work plan and contract goals. The Contractor will prepare a detailed schedule for the Support Project, showing all key tasks, deliverables and key meetings over the contract period. This will include the identification of specific contract goals to be used as a basis for measuring project success. To be completed within the first two months of the contract.

Key deliverables: Document presenting detailed work plan and contract goals.

Component II – Analysis and Tool Development

● Benchmarking study. As described in section C.4.1. To be completed by the end of month 3.

Key deliverable: Report and presentation.

● Review of APN staffing plan. As described in section C.4.2. To be completed by end of month 4.

● Review of APN management and information systems. As described in section C.4.3. To be completed by end of month 4.

● Port tariff analysis tool. As described in section C.4.4. To be completed by end of month 5.

Key deliverable: Spreadsheet-based tool, operating manual and summary report.

● Contract and licensing tool. As described in section C.4.5. To be completed by end of month 5.

Key deliverable: model contract and licensing documents, operating manual and summary report.

● Operational and performance monitoring tools. As described in section C.4.6. To be completed by end of month 7.

Key deliverable: operating manual and summary report.

● Port operational regulation tool. As described in section C.4.7. To be completed by end of month 7.

Component III – Analysis and Tool Development

● User manuals. As described in section C.4.8. User manuals will cover full range of regulatory functions to be carried out at CHP, and draw upon specific outputs from

Component II tasks as appropriate. To be completed by end of month 9.

● Staff training. As described in section C.4.9. Training program will draw upon prior tasks, using reports, tools and manuals as basis for delivery of training to staff. Intensive training shall be carried out to the last five months of the first year, following by follow-up training and capacity building periodically over the course of the second year.

Key deliverable: training materials, training plan, periodic reports on training delivery and

The proposed schedule is attached in bar-chart format.

[END OF SECTION C]

SECTION D – PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem.

Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk

(such as coal, grain, etc.), or for semi-finished products which are not packaged.

(b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this Contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

(c) Authority to waive marking requirements is vested with the Regional Assistant

Administrators, and with Mission Directors.

(d) A copy of any specific marking instructions or waivers from marking requirements is to be sent to the Contracting Officer; the original should be retained by the Offerors.

D.2 BRANDING

The Contractor shall comply with the requirements of the USAID “Graphic Standards Manual” available at www.usaid.gov/branding, or any successor branding policy.

[END OF SECTION D

http://www.usaid.gov/branding

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CONTRACT PERFORMANCE EVALUATION

Evaluation of the Contractor’s overall performance will be conducted jointly by Contracting Officers Representative (COR) and the Contracting Officer, and shall form the basis of the

Contractor’s permanent performance record with regard to this contract as required in FAR

Part 42.15 and AIDAR 742.15.

E.2 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference

(by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES

INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.246-6 INSPECTION—TIME-AND-MATERIAL AND LABOR-HOUR (MAY 2001)

E.3 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at USAID/Haiti, where the deliverables or outputs are produced or submitted. The COR has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.

The COR designated for this contract inspects and accepts all services, reports and deliverables or outputs required by the contract.

[END OF SECTION E]

SECTION F – DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The estimated period of performance for this contract shall be for twenty four (24) months.

F.2 REPORTS AND DELIVERABLES OR OUTPUTS

The Contractor shall prepare and submit the following deliverables / reports or outputs to the

COR and no later than the date or dates which may be specified by the COR:

Component I – Mobilization

● Mobilization

Key deliverable: Inception Report.

● Establish counterpart working group

Key deliverables: Orientation materials, schedule for working group meetings throughout duration of Support Project.

● Detailed work plan and contract goals

Key deliverables: Document presenting detailed work plan and contract goals.

Component II – Analysis and Tool Development

● Benchmarking study

● Review of APN staffing plan

● Review of APN management and information systems

● Port tariff analysis tool

Key deliverable: Spreadsheet-based tool, operating manual and summary report.

● Contract and licensing tool

Key deliverable: model contract and licensing documents, operating manual and summary report.

● Operational and performance monitoring tools

● Port operational regulation tool

Component III – Analysis and Tool Development

● User manuals

● Staff training

Key deliverable: training materials, training plan, periodic reports on training delivery and

F.3 MONITORING and EVALUATION (M&E)

Within 90 calendar days after mobilization, the Offeror shall submit to USAID a M&E Plan that will guide key project activities, indicators of achievement, and the associated annual and life-of-project targets. This plan shall be developed by the Offeror, reviewed, and approved by the

Contracting Officer’s Representative (COR), and shall be incorporated into the contract by reference.

Monitoring and evaluation must take into account the requirements for two levels of reporting:

(1) the selection of indicators consistent with USAID/Haiti’s annual Operational Plan; and (2) the selection of indicators for internal, project-level management. The Contractor may utilize separate, additional indicators for each level since some standard indicators may not be appropriate for all levels. At a minimum, the following Foreign Assistance Framework (FAF) indicators must be included in the M&E Plan and, where possible, be disaggregated by sex:

a) 4.2.1-19 Person hours of training completed in trade and investment enabling environment supported by USG assistance

b) 4.4.3-14 Person hours of training completed in transportation technical fields supported by USG assistance

c) 4.6.1-17 Number of days of USG funded technical assistance in business-enabling environment provided to counterparts or stakeholders

For all other project-level indicators, the Offeror shall propose indicators as part of its M&E

Plan in consultation with and approval from the COR. All data collected under these additional indicators shall also be disaggregated by sex as possible.

All written deliverables shall also be submitted electronically and in hard copy to the COR.

F.4 MANAGEMENT OF CONTRACT

The Contractor shall provide the management necessary to fulfill all the requirements of this contract.

All work under this contract shall be completed within the period of performance. All reports and deliverables or outputs indicated above will be submitted to USAID in English.

F.5 PLACE OF PERFORMANCE

The place of performance under this contract shall be in the Republic of Haiti and the

Contractor’s home office.

F.6 AUTHORIZED WORK DAY /WEEK

Consultants assigned to the contract are authorized to work a five-day workweek. No overtime or premium pay is authorized under this contract.

F.7 PERSONNEL

Please refer to L.4 “Management and Staffing Plan and Key Personnel Qualifications”.

List of personnel:

1 TBD TBD

2 TBD TBD

3 TBD TBD

4 TBD TBD

5 TBD TBD

The personnel listed above are considered to be essential to the work being performed hereunder. Prior to replacing any of the specified individuals, the contractor shall immediately notify both the Contracting Officer and the Contracting Officer Representative reasonably in advance and shall submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program and re-determination of the labor category rate. No replacement of personnel shall be made by the Contractor without the written consent of the Contracting Officer.

F.8 DEVRESULTS

"Per ADS 203.3.3.1, the Mission has established and manages a web-based performance monitoring information management system called “DevResults Haiti”, to which designated USAID Staff and all implementing partners are required to submit performance results each quarter. DevResults Haiti serves as a repository for all Mission-related performance indicators at the strategy, project, and activity/implementing mechanism

(IM) levels. Indicator information includes, but may not be limited to, indicator definition, baseline values and time frames, targets and rationales for targets, and actual values.