MODIFICATION
R -- Guatemala: Energy Security and Natural Resources Regulatory Reform Definitional Mission
- Notice Date
- 3/9/2005
- Notice Type
- Modification
- NAICS
- 541611
— Administrative Management and General Management Consulting Services
- Contracting Office
- United States Trade and Development Agency, USTDA Contracts Office, USTDA, 1000 Wilson Boulevard, Suite 1600, Arlington, VA, 22209-3901
- ZIP Code
- 22209-3901
- Solicitation Number
- USTDA-05-Q-51-144
- Response Due
- 3/23/2005
- Archive Date
- 4/7/2005
- Small Business Set-Aside
- Total Small Business
- Description
- 3.12 TERMS OF REFERENCE (1-5 Pages) The DM Contractor shall provide Terms of Reference (TOR) for the study(ies). The TOR, which must be endorsed by the project sponsor, shall include, at a minimum, the following: 3.12.1 Purpose and objective of the study. This section should contain a concise statement. 3.12.2 A technical assessment. This section should include relevant background information that is pertinent to the technology selection. 3.12.3 An economic analysis of the project. This section will usually include a cash flow analysis, attention to market conditions, raw material availability, supply agreements, off-take agreements, and competing alternative methods of achieving the same or similar project objectives. 3.12.4 A financial analysis of the project. This section should consider the availability of equity and debt financing as well as the views of potential public and private financing organizations, such as the World Bank, relevant regional multilateral development bank(s), Ex-Im and OPIC. 3.12.5 An appropriate environmental analysis of the project. A preliminary review of the project?s anticipated impact on the environment with reference to local requirements and those of multilateral lending agencies (such as the World Bank). This review would identify potential negative impacts, discuss the extent to which they can be mitigated, and develop plans for a full environmental impact assessment if and when the project moves forward to the implementation stage. This includes the identification of steps that will need to be undertaken by the project sponsor subsequent to the study?s completion and prior to project implementation. 3.12.6 A review of regulatory issues related to the project. This should include a discussion of any regulations that would impact the projects viability or prognosis to move forward. 3.12.7 An analysis of key host country development impacts. (Infrastructure, Human Capacity Building, Technology Transfer and Productivity Improvement and/or Market-Oriented Reform). These Development Impact factors are intended to provide the project?s decision-makers and interested parties with a broader view of the project?s potential effects on the Host Country. The analysis shall focus on what Development Impact is likely if the project is implemented according to the study recommendations. While specific focus shall be paid to the immediate impact of the project, analysis shall include any additional developmental benefits that may result from the project?s implementation, including spin-off and demonstration effects. Accordingly, the analysis shall be an assessment of each of the following categories with respect to the project?s potential Development Impact: (1) Infrastructure: Provide a statement on the infrastructure impact, giving a brief synopsis. For example, ?The project would result in the construction of a power plant that would provide 500MW of power. This plant would serve ___ [number] additional households in ____ [area].? (2) Market- Oriented Reform: Provide a description of any regulation, laws, or institutional changes that are recommended and the effect they would have if implemented. (3) Human Capacity Building: Assess the number and type of local positions that would be needed to construct and operate the proposed project, as well as the number of local people who would receive training; describe such potential training program. (4) Technology Transfer and Productivity Enhancement: Provide a description of any advanced technologies that would be utilized as a result of the project. A description of any efficiency that would be gained (e.g. ?By upgrading the power plant?s old boilers, efficiency will be increased from x% to y%?). (5) Other: Describe any other developmental impacts or benefits that would result from the project, for example, follow-on or replication projects, safer workplace, increased good governance or improved financial revenue flows to the Host Country. For specific information regarding USTDA?s Development Impact goals and measures, please contact the COTR at USTDA, or see the Guidance on USTDA Development Impact Measures at www.ustda.gov/resources. 3.12.8 U.S. sources of supply. While aiming at optimum specifications and characteristics for the project, there shall be an assessment of the availability of potential U.S. sources of supply. Business name, point of contact, address, telephone, e-mail, and fax numbers shall be included for each source. 3.12.9 An implementation plan (anticipated next steps necessary to implement the project), and 3.12.10 Final Report. The FS/TA Contractor shall prepare and provide to the Grantee and to USTDA a Final Report in accordance with Clause __ of Annex II of the Grant Agreement. Each of the above tasks in this Terms of Reference must be distinctly set forth in the Final Report in a substantive and comprehensive manner, and shall include all corresponding deliverables. The Final Report shall contain an executive summary. In addition to any other required deliverables in accordance with Clause ____ of Annex II of the Grant Agreement, the Contractor will provide both the Grantee and USTDA with 6 copies (each) of the final report on CD-ROM. The CD-ROM version of the final report will include: Adobe Acrobat readable copies of all documents; Source files for all drawings in AutoCAD or Visio format; and Source files for all documents in MS Office 2000 or later formats. The TOR must be designed to meet the requirements of the most likely source(s) of implementation financing. The requirements of some of the potential financing sources may be found at the following web sites: www.opic.gov/finance.home.html www.exim.gov/tools.index.html www.ifc.org/proserv www.adb.org/PrivateSector/finance/default.asp www.ebrd.com/applyindex.html www.iadb.org www.afdb.org/opportunities/business_generic_proc_notices_country.htm 3.13 STUDY BUDGET (2-3 PAGES) 3.13.1 Study Budget Format The DM Contractor shall provide a detailed budget that is divided into three parts: a line item budget and task breakdown (Annex III), a Task Completion Schedule (Annex IV), and a budget narrative (Annex V). All costs in the budget should be reasonable and allocable to the work being performed, and should support the study TOR. The budget should be supported with sufficient detail to enable USTDA staff or others reviewing the material to understand completely, not only the budgeted amounts, but also the methodology that justifies the budget amounts. The budget should be provided in accordance with the format in Annex III and should include: Labor, budgeted by position title and task for each of the positions on the study team. Positions should be identifiable, with descriptions of the positions and proposed team members included in the proposal. Person-Days should reflect the proposed number of days of work effort proposed for each position for each task. The labor cost shall be derived as set forth in Annex III. The proposed budget may not include fee or profit. Itemization for per diem, transportation, communications, purchased services/contracts, translation of Final Report, and other direct costs. Per diem must be based on U.S. Government rates, which are available on the State Department web site (http://www.state.gov/m/a/als/prdm/). The Task Completion Schedule should list each major task to be performed in support of the study TOR. The duration of each task is to be graphically presented in a bar chart as illustrated in Annex IV. The budget narrative should provide a detailed budget explanation and justification presenting how all costs have been derived in accordance with the sample provided in Annex V. The narrative must include an explanation for every line item. In general, each narrative statement should describe, in as much detail as possible: What the specific item is How the specific item relates to the project How the amount shown in the budget was arithmetically determined 3.14 RECOMMENDATIONS (1-2 PAGES) The Contractor shall provide recommendations as to: 3.14.1 whether or not the project meets USTDA?s basic funding criteria; 3.14.2 the appropriate TOR for the proposed study; 3.14.3 the appropriate budget for the proposed study. 3.14.4 If the recommendation is that USTDA should fund the study, but in a phased approach or only if certain outstanding issues are resolved or conditions met, those phases or conditions should be delineated clearly in the recommendation. 3.15 CONTACTS The Contractor shall submit a list of individuals contacted during the DM, with their addresses, phone and fax numbers, and e-mail addresses. 4 CONTRACTOR INTERIM STATUS REPORTING AND DELIVERABLES The Contractor shall provide verbal updates to the COTR when necessary. The deliverables may also take the form of information, advice, opinions, alternatives, analyses, evaluations, recommendations, interim and final reports, or other oral or written work products needed for successful performance. 5 CONTRACTOR -- DEFINITIONAL MISSION REPORTS The Contractor shall prepare a report to USTDA that addresses all the issues in the Definitional Mission requirements as outlined in Section 3.1 through 3.15. Since this report will be available for public distribution, any sensitive or business proprietary information shall be included in a separate confidential attachment to the report. 5.1 REPORT DRAFT -- COTR APPROVAL The Contractor shall provide the report in draft form to USTDA for COTR review within ten (10) working days after completion of the overseas visit. The report should be clearly marked ?Draft? on the cover. 5.2 REVISED REPORT DRAFT ? COTR APPROVAL Within five (5) working days after receiving the COTR?s comments on the draft report, the Contractor shall submit a revised copy for COTR review. The Contractor shall revise the report as necessary until securing final COTR approval. 5.3 FINAL REPORT ? COTR APPROVAL The final report shall incorporate all mutually agreed upon material and revisions. The report shall include any supporting documentation. 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 notification from the COTR that the report is considered acceptable, the Contractor shall submit twenty (20) copies, and one (1) unbound original to USTDA. All reports must be paginated and submitted in Microsoft Word on a 3.5-inch disk or on a CD-Rom. The Contractor shall also submit the report to the COTR as an e-mail attachment, and also in Microsoft Word format. 6 PROJECT DESCRIPTIONS AND PROFILE USTDA seeks to hire a Definitional Mission (DM) team to travel to Guatemala to investigate energy security and natural resources regulatory reform projects, for potential USTDA funding. The DM will provide technical assistance to Guatemala?s Ministry of Environment and Mining (MEM) and the Ministry of Environment and Natural Resources (MARN) in two programs: 1) increasing trade capacity by developing the regulatory and investment environment for mineral and hydrocarbon resource development, and 2) information technology and regulatory reforms for reducing energy theft and smuggling. Overall, the resulting technical assistance recommendations are designed to improve the business climate for domestic and foreign investments in the mining and hydrocarbon sectors within the CAFTA framework. The Definitional Mission is focused on opening the investment climate for developing Guatemala?s mineral and hydrocarbon markets. Guatemala has large, yet undeveloped metallic and non-metallic resources, not to mention being the only Central American country that has a significant reserve of hydrocarbon fuels. The development of these two sectors represents a great opportunity for economic growth in Guatemala, and a significant opportunity for foreign investment and trade. The technical assistance will help the capacity within the government of Guatemala regulate the natural resource development industry and provide ongoing oversight of existing extractive operations. The DM shall specifically investigate two separate (yet related) activities: Natural Resource Regulatory Reform: Conduct a fact-finding investigation and perform technical review of a Dorey & Associates, LLC proposal on behalf of MEM for regulatory reforms and institutional development within the Guatemalan mining and hydrocarbon sector. The proposed deliverables of this project would include recommendations for new regulatory reforms in the mining and hydrocarbon sector, new permitting documents and procedures, and training seminars/workshops to increase the institutional capacity of the MEM and MARN to ensure effective management of increased investment in the sectors. The details of each of these proposed outcomes/deliverables is described in greater detail in the MEM proposal, which will be provided to the winning bidder. Energy Security: Evaluate a request from the MEM and the U.S. Embassy in Guatemala to provide technical assistance to assist Guatemala in decreasing the negative impacts of current fuel smuggling and alteration. In order to realize new commercial and investments flows, along with new conditions created by commercial instruments, there is a need to strengthen the capability of public institutions responsible for policy, regulation, oversight and compliance, to ensure that counter-competitive practices, disrespect towards property and tax evasion caused by smuggling and fuel alteration are eliminated. The desired outcomes of this project include new legislation to regulate the operation of the hydrocarbon sector and the development of increased capabilities and tools within the MEM to monitor the quality and quantity of commercial fuels in the country. These tools would include a variety of training and information technology solutions to better track and control fuel resources in the country. It is also important to note that this activity will not be supporting any police or military activity, but rather a list of technological solutions to develop a better management and regulation of this important sector. Annex I IMPACT ON U.S. LABOR STATEMENT The Foreign Operations, Export Financing and Related Programs Appropriations legislation restricts U.S. foreign assistance from being used to provide: (a) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing such an enterprise to relocate outside the United States if such incentive or inducement is likely to reduce the number of employees of such business enterprise in the United States because United States production is being replaced by such enterprise outside the United States; (b) assistance for any project or activity that contributes to the violation of internationally recognized workers rights; and (c) direct assistance for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity. Annex II USTDA Nationality Requirements The purpose of USTDA's nationality, source, and origin requirements is to assure the maximum practicable participation of American contractors, technology, equipment and materials in the pre-feasibility, feasibility, and implementation stages of a project. USTDA STANDARD RULE (GRANT AGREEMENT STANDARD LANGUAGE): Except as USTDA may otherwise agree, the following provisions shall govern the delivery of goods and services funded by USTDA under this Grant Agreement: (a) for professional services, the Contractor must be either a U.S. firm or U.S. consultant; (b) the Contractor may use U.S. subcontractors without limitation, but the use of subcontractors from host country may not exceed twenty percent (20%) of the USTDA Grant amount and may only be used for specific services from the Terms of Reference identified in the subcontract; (c) employees of U.S. Contractor or U.S. subcontractor firms responsible for professional services shall be U.S. citizens or non-U.S. citizens lawfully admitted for permanent residence in the U.S.; (d) goods purchased for implementation of the Study and associated delivery services (e.g., international transportation and insurance) must have their nationality, source and origin in the United States; and (e) goods and services incidental to Study support (e.g., lodging, food, and transportation) in host country are not subject to the above restrictions. USTDA will make available further details concerning these standards of eligibility upon request. NATIONALITY: 1. Rule Except as USTDA may otherwise agree, the Contractor for USTDA funded activities must be either a U.S. firm or a U.S. consultant. Prime contractors may utilize U.S. subcontractors, but the use of host country subcontractors is limited to 20% of the USTDA grant amount. 2. Application Accordingly, only a U.S. firm or U.S. consultant may submit proposals on USTDA-funded activities. Although those proposals may include subcontracting arrangements with host country firms or individuals for up to 20% of the USTDA grant amount, they may not include subcontracts with third country entities. U.S. firms submitting proposals must ensure that the professional services funded by the USTDA grant, to the extent not subcontracted to host country entities, are supplied by employees of the firm or employees of U.S. subcontractor firms who are U.S. individuals. Interested U.S. firms and consultants who submit proposals must meet USTDA nationality requirements as of the due date for the submission of proposals and, if selected, must continue to meet such requirements throughout the duration of the USTDA-financed activity. These nationality provisions apply to whatever portion of the Terms of Reference is funded with the USTDA grant. 3. Definitions A "U.S. individual" is (a) a U.S. citizen, or (b) a non-U.S. citizen lawfully admitted for permanent residence in the U.S. (a green card holder). A "U.S. consultant" is (a) a U.S. citizen whose principal place of business is in the United States, or (b) a non-U.S. citizen lawfully admitted for permanent residence in the U.S. (a green card holder) whose principal place of business is in the U.S. A "U.S. firm" is a privately owned firm which is incorporated in the U.S., with its principal place of business in the U.S., and which is either (a) more than 50% owned by U.S. individuals, or (b) has been incorporated in the U.S. for more than three (3) years prior to the issuance date of the request for proposals; has performed similar services in the U.S. for that three (3) year period; employs U.S. citizens in more than half of its permanent full-time positions in the U.S.; and has the existing capability in the U.S. to perform the work in question. A partnership, organized in the U.S. with its principal place of business in the U.S., may also qualify as a "U.S. firm" as would a joint venture organized or incorporated in the United States consisting entirely of U.S. firms and/or U.S. individuals. A nonprofit organization, such as an educational institution, foundation, or association may also qualify as a "U.S. firm" if it is incorporated in the United States and managed by a governing body, a majority of whose members are U.S. individuals. SOURCE AND ORIGIN: 1. Rule In addition to the nationality requirement stated above, any goods (e.g., equipment and materials) and services related to their shipment (e.g., international transportation and insurance) funded under the USA Grant Agreement must have their source and origin in the United States, unless USTDA otherwise agrees. However, necessary purchases of goods and project support services which, are unavailable from a U.S. source (e.g., local food, housing and transportation) are eligible without specific USTDA approval. 2. Application Accordingly, the prime contractor must be able to demonstrate that all goods and services purchased in the host country to carry out the Terms of Reference for a USTDA Grant Agreement that were not of U.S. source and origin were unavailable in the United States. 3. Definitions "Source" means the country from which shipment is made. "Origin" means the place of production, through manufacturing, assembly or otherwise. Questions regarding these nationality, source and origin requirements may be addressed to the USTDA Office of General Counsel by calling (703) 875-4357.
- Place of Performance
- Address: Headquarters, USTDA, 1000 Wilson Boulevard, Suite 1600, Arlington, Virginia
- Zip Code: 22209-3901
- Country: USA
- Zip Code: 22209-3901
- Record
- SN00765869-W 20050311/050309212548 (fbodaily.com)
- Source
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