SAMPLE TERMS OF REFERENCE AND STATEMENTS OF WORK FOR SPECTRUM MANAGEMENT CONSULTING PROJECTS

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In general, the Terms of Reference should include: A clear statement of requirement sometimes called the “Statement of Work”; Instructions and contractual clauses or directive conditions which clarify the obligations of the Spectrum Management Organization and the consultant(s); Instructions to the consultant on what needs to be included in the consultant’s response: capabilities, experience on similar projects, approach and method, personnel and their resumes, financial proposal. Other considerations include: It may be useful to provide evaluation criteria to help determining qualified proposals and ultimately the final selection. This depends on the complexity of the work and the nature of the request, and might for example apply to international competitive tenders. There is always a question concerning whether to disclose the project budget and how this simply leads to driving-up the cost of the work. There are no firm guidelines other than procurement practices. Some have been developed under the North American Free Trade Agreement (NAFTA) and EU procurement rules, for instance. These rules generally provide for the budgets to be disclosed, the premise being that it is important to have realistic ideas beforehand about how much budget will be required, that the funds are committed, as well as, communicating realistic expectations to the consultants on what work needs to be done and to what level of detail.   Example Standard Terms of Reference PART I - DESCRIPTION OF REQUIREMENT Statement of Work - The successful consultant will be required to perform the Work in accordance with the Statement of Work attached hereto as Annex "A". Period of Contract The period of any resulting contract shall be from the date of Contract Award to [Day, Month, Year]. Submission of Proposals Responding consultants shall prepare a proposal addressing all the requirements of this Request for Proposal.  The Bidder's signature indicates acceptance of the terms and conditions set out herein.  The Bidder must ensure that the signatory has authority to commit the organization by making such a contractual offer and that the proposal includes a contact name, address and phone number. Number of Copies of Bid Required:      Specify the number of originals and consider permitting submission by electronic means (email). PART II - STANDARD INSTRUCTIONS, CLAUSES, GENERAL TERMS AND CONDITIONS Standard Acquisition Clauses and Conditions Manual and Terms and Conditions of Solicitation and Resulting Contract. With reference to the relevant Government Department, either be specific about the general terms, conditions and clauses by title, number and date, incorporated by reference into and forming part of the bid solicitation and any resulting contract, or expressly set out express terms and conditions in the request for proposal. PART III - OTHER INSTRUCTIONS Contracting Authority The Contracting Authority for this requirement is: The Telecommunications Authority – Spectrum Management Branch Name of Contact: Phone: Fax: Email: Enquiries To ensure the integrity of the competitive bid process, enquiries and other communications regarding the bid solicitation, from the issue date of the solicitation up to the closing date, are to be directed only to the individual named on page one (1) of the bid solicitation.  Enquiries and other communications are not to be directed to any other government official.  Failure to comply with this paragraph can (for that reason alone) result in the disqualification of the bid. Enquiries must be IN WRITING. Enquiries must be received no less than 48 hours (2 working days) prior to the bid closing date to allow sufficient time to provide a response.  Enquiries received after that time might not be answered prior to the bid closing date. To ensure consistency and quality of information provided to bidders with respect to significant enquiries received, and the replies to such enquiries, any information will be provided simultaneously to bidders to which this solicitation has been sent, without revealing the source of the enquiries. Incurring of Cost No costs incurred before receipt of a signed contract or specified written authorization from the Contracting Authority can be charged to any resulting contract. Applicable Laws The Contract shall be interpreted and governed and the relations between the parties determined by the laws of the issuing nation: The Contract Authority may reject a bid where any of the following circumstances is present: a criminal conviction has been entered against the Bidder, or any employee or subcontractor included as part of the bid with respect to current or prior transactions with the Government: the Bidder is bankrupt or, for whatever reason,  its activities are rendered inoperable for an extended period; evidence, satisfactory to the Contract Authority, of fraud, bribery, fraudulent misrepresentation or failure to comply with any law protecting individuals against any manner of discrimination, has been received with respect to the Bidder, any of its employees or any subcontractor included as part of its bid; The Contract Authority has exercised its contractual remedies of suspension or termination for default with respect to a Contract with the Bidder, any of its employees or any subcontractor included as part of its bid; The Contract Authority determines that the Bidder's performance on other contracts, including the efficiency and workmanship as well as the extent to which the Bidder executed the Work in accordance with contractual terms and conditions, is sufficiently poor to jeopardize the successful completion of the object of this bid. Where the Contract Authority intends to reject a bid pursuant to a provision of paragraph 1, the Contract Authority will so inform the Bidder and provide the Bidder ten (10) days within which to make representations, prior to making a final decision on the bid rejection. Submission of Proposals Curriculum Vitae and Interviews - curriculum vitae must be provided with your proposal and two work-related client references must be given.  Prospective Contractors may be interviewed as part of the evaluation process, at their own expense, by the Contract Authority.  Interviews may be conducted by telephone. Price Proposal -the Bidder shall provide the level of effort and a firm per diem rate for each proposed resource to carry out the Work detailed in the Statement of Work, travel and living expenses being extra. The daily rate is based on 8.0 hours exclusive of meal breaks. Payment shall be for days actually worked with no provision for annual leave, statutory holiday and sick leave. For work performed for duration of more or less than one (1) day, the daily rate will be prorated accordingly to cover the actual time worked. The Contract Authority will not pay extra for relocation charges. These charges, if applicable, are to be included in the bid price. Travel and Living Expenses - The Contractor will be paid for pre‑authorized reasonable and proper travel and living expenses incurred by personnel directly engaged in the performance of the Work, supported by appropriate receipts and calculated in accordance with Applicable Guidelines on Travel and Living Expenses, without any allowance thereon for overhead or profit.  Proposal Evaluation and Contractor Selection Criteria All bids received will be evaluated, and the successful Bidder selected, in accordance with the criteria. See sample Evaluation Criteria below. It is essential that the elements contained in your bid be stated in a clear and concise manner.  Failure to provide complete information as requested will be to your disadvantage. Bids should be submitted in the format requested.  The Contract Authority reserves the right to accept any bid as submitted without prior negotiations.  It is the responsibility of the Bidder to obtain clarification of the requirements contained herein, if necessary, prior to submitting its bid. Availability Bidders are to indicate the availability of each proposed resource. Disclosure of Information It is understood and agreed that the Contractor shall, during and after the effective period of the Contract, treat as confidential and not divulge, unless authorized in writing by the Project Authority, any information obtained in the course of the performance of the Contract. Place of Work & Administrative Support Unless otherwise agreed, the Work shall be performed at the Contractor’s place of business. Facilities will be provided as necessary by the Contract Authority.  Technical and clerical support, supplies and equipment necessary to accomplish tasks are to be provided by the Contractor. Access to Sensitive Information Information will be madeavailable for the Contractor's personnel, on a need‑to‑know basis, to have access to sensitive (designated/classified) information or assets as required.  Contractor's personnel requiring access to sensitive information or assets must hold a valid, appropriate level of personnel security screening in accordance with the security requirements of the Contract. Sample Evaluation Criteria: Development of a Spectrum Management Plan  Mandatory Evaluation Criteria Criteria Description Met/not Met M-1 The bidder has included the associated resume for consideration for this undertaking M-2 The bidder has included the associated per diem rate for this undertaking. M-3 The bidder has clearly responded to each requirement in the Rated Requirements section.  M-4 This mandate requires the services of (n) consultants. Consultant means that the bidder may be (is not) a team of people that are to act as a resource.  In addition, a firm that proposes one (1) individual must guarantee that all the services that are to be provided by that individual will be provided by that individual only. Technical Rated Requirements To be considered compliant, the bidder must achieve a score of at least 65% in the technical rated points. All rated requirements should be scored based on the scope, scale, complexity and relevance of the work assignments described to substantiate the relevant experience for the requirement.  Note: experience claimed, but not substantiated with specific work assignments may be awarded zero points. Criteria Description Max Score Evaluated Score R-1 The bidder’s proposed resource should have degrees in either engineering, economics, commerce or other degree relevant to this assignment, from a recognized university 20 points for a Bachelor’s  degree 20 R-2 The bidder’s proposed resource should have technical knowledge and demonstrate practical experience as senior technical resource for a spectrum management project, preferably at the national level. Assignments must be at least 40 consulting days to be eligible with up to 20 points per  assignment for the proposed resource  [maximum: 4 assignments] with scoring based on the scope, scale, complexity, and relevance of experience performed to the requirement 80 R-3 The bidder’s proposed resource should have technical knowledge and demonstrate practical experience in developing Spectrum pricing and licensing plans and processes with up to 20 points / assignment for the proposed resource  [maximum: 4 assignments] with scoring based on the scope, scale, complexity and relevance of experience performed to the requirement. 80 R-4 The bidder’s proposed resource should have experience in designing and facilitating workshops, gaining consensus of the participants, and documenting decisions with up to 5 points / assignment [maximum: 4 assignments] with scoring based on the scope, scale, complexity and relevance of experience performed to the requirement 20 R-5 The bidder should provide a work breakdown structure (WBS) to demonstrate the proposed methodology and level of effort for the four (4) steps outlined in the Statement of work 30 R-6 The bidder should have experience in dealing with senior international government and spectrum management officials. Points are awarded based on level of international and degree of involvement. 20 Maximum Rated Score 250 Sample Statement of Work No. 1 Assessment of Spectrum Management Practices Technical assistance provided under these terms of reference are to: Develop, in close consultation with the Spectrum Management Organization, a comprehensive understanding of the strengths and weaknesses of the existing spectrum management activities, and also of initiatives and planned initiatives to upgrade and modernize the spectrum management systems. Develop, detail and fully justify, in close consultation with the Spectrum Management Organization, a comprehensive program to improve spectrum management practices including; authorization, revenue generation, administration and data management, and technical aspects involving computer systems, software, database creation and maintenance, monitoring equipment,  and compliance activities. Key Activities In order to achieve the objectives set out above, the consultants will undertake the following tasks: Review existing laws and regulations governing the use of radio spectrum, and the Spectrum Management Organization interaction with the International Telecommunication Union, and other relevant international organizations. Review the organization of spectrum management operations in the Spectrum Management Organization, and gain an understanding of work flow patterns in handling requests for licenses for frequency use, and for monitoring and compliance activities.  This task includes the assessment of the existing systems, identification of current and anticipated problems and opportunities in spectrum management, and ascertainment and justification of areas where specific improvements should be considered. The consultants shall also review existing record keeping methods and types of records maintained, and propose changes if required. Assist the Spectrum Management Organization in developing options for a new organizational structure for radio frequency management activities with an outline of each function for the recommended option. Undertake a study of current use of the spectrum. Identify issues related to frequency allocation and assignment.  These should be considered in terms of categories of use, licensing policies for private networks, and mechanisms for re-assigning frequency allocations including by auctions. Identify, describe and assess options suitable for the government and stakeholders for a consultative process for planning and review of spectrum allocations and assignments. Describe in detail the steps required to implement recommended options. Identify, describe and assess options, suitable for the government and stakeholders, for the sale and trading of spectrum usage rights.  Describe in detail the steps required to implement recommended options. Sample Statement of Work No. 2 Assessment of Spectrum Management Systems including Monitoring Technical assistance provided under these terms of reference are to: Develop, detail and fully justify including estimated costs, in close consultation with the Spectrum Management Organization, a comprehensive program to improve spectrum management systems involving computer systems, spectrum analyzers, software for technical analysis, database creation and maintenance, and monitoring equipment for interference and compliance activities. Key Activities Develop a comprehensive implementation plan for radio spectrum management systems consistent with national requirements.  This will include a recommended system architecture and site locations (together with manned and remote mobile monitoring and direction finding) for radio monitoring stations, recommended technologies and implementation approaches to support current and future needs for planning, engineering and monitoring, and an elaboration of the human operator role in computer-assisted activities.  The implementation plan should define coherent implementation stages with objectives, basic requirements and cost estimates of each stage.  Issues that must be addresses include (but are not limited to): Assessment of the need and suitability of mobile monitoring vehicles (HF/VHF/UHF bands) with advanced surveillance and direction finding equipment. The possible need for unattended monitoring sites to support the monitoring and direction finding activities. The requirement for fixed monitoring sites and assessment of suitable locations. Assessment of the need for standalone or fully integrated data capture analysis and data management systems (creation and maintenance), and other computer automation requirements. Assessment of personnel and training requirements and development of onsite training and capacity building implementation plans.

By Mclean Foster & Co. Adrian Foster, 2009. Published May 2009.

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