16PBGC22R0009.pdf

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Attached to
Multiemployer Pension Plan Analytical Services Federal contract opportunity
Solicitation number
16PBGC22R0009
Issued by
Pension Benefit Guaranty Corporation

About this file

This solicitation requests proposals for multiemployer pension plan analytical services. The Pension Benefit Guaranty Corporation seeks advisory assistance to support oversight of its implementation of the American Rescue Plan Act provision providing special financial assistance to struggling multiemployer pension plans. Services include analyzing plan contributions, administrative expenses, benefit payments, special financial assistance amounts, and withdrawal liability. The single award contract is for one base year with an option year. The solicitation requires pricing for labor hours and sets a May 17th question deadline and May 31st proposal deadline. The award will be a labor hour contract made to the best value offer based on technical approach, key personnel qualifications, and price.

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RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

The item(s) below are used for PBGC internal funding purposes only. The official Contract Line Item Number (CLIN) schedule follows in Section 1 - Pricing Schedule.

The contractor shall invoice in accordance with PBGC clause 52.232-7001, Submission of Invoices (Time and Material and Labor-Hours) (SEPT 2017).

0001 The contractor shall provide Multiemployer Professional Services in accordance with the Performance Work Statement (PWS) herein.

0.00 EA

PAGE 3 OF 46 16PBGC22R0009

Table of Contents

SECTION 1 - PRICING SCHEDULE

SECTION 2 - PERFORMANCE WORK STATEMENT

SECTION 2 - QASP

SECTION 3 - INSTRUCTIONS

SECTION 4 - EVALUATION CRITERIA

52.212-4CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

52.224-2 PRIVACY ACT (APR 1984)

PBGC 52.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (JAN 2012)

PBGC 52.204-7000 RECORDS MANAGEMENT (SEP 2017)

PBGC 52.207-7000Contingency Telework (COVID-19) (MAR 2020)

PBGC 52.207-7001CONTRACTOR TELEWORK (MAY 2020)

PBGC 52.209-7001 ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 2017)

PBGC 52.209-7002 HANDLING PBGC DATA (MAY 2017)

PBGC 52.216-7003 CEILING PRICE (FEB 2013)

PBGC 52.232-7001SUBMISSION OF INVOICES (TIME AND MATERIAL AND LABOR-HOURS) (SEPT 2017)

PBGC 52.237-7000 KEY PERSONNEL (APR 2018)

PBGC 52.237-7001 EDUCATION AND EXPERIENCE QUALIFICATIONS (DEC 2014)

PBGC 52.237-7002 FITNESS DETERMINATION (APR 2019)

PBGC 52.237-7004 TRAINING (MAR 2016)

PBGC 52.237-7005 INFORMATION SECURITY TRAINING (MAR 2020)

PBGC 52.237-7006 PROFESSIONAL ATTIRE (OCT 2018)

PBGC 52.237-7007 DISPLAY OF PBGC IDENTIFICATION BADGES (FEB 2013)

PBGC 52.237-7008 OBSERVANCE OF LEGAL HOLIDAYS (OCT 2018)

PBGC 52.246-7000 INSPECTION AND ACCEPTANCE OF DELIVERABLES (JAN 2012)

PAGE 4 OF 46 16PBGC22R0009

CLAUSES

SECTION 1 - PRICING SCHEDULE

PAGE 5 OF 46 16PBGC22R0009

SECTION 1

PRICING SCHEDULE

BASE AND OPTION PERIOD PRICE SCHEDULE:

1. Rates: The Offeror shall provide a pricing schedule. This pricing schedule shall be in the form of a labor hour price for the CLINs listed below and described in the PWS.

2. For level of required experience please refer to Section 2 (Performance Work Statement).

Base Period: June 23, 2022, to June 22, 2023

CLIN

No.

Labor Category Unit Price Unit Quantity Total

0001 Senior Management Consultant $ Hours 1,040 $

Base Year Total $

Option Period 1: June 23, 2002, to June 22, 2024

CLIN

No.

Labor Category Unit Price Unit Quantity Total

1001 Senior Management Consultant $ Hours 1,040 $

Option Period 1 Total $

Total for all CLINs for Base Year and Option Period 1: $_____________

SECTION 2 - PERFORMANCE WORK STATEMENT

PAGE 6 OF 46 16PBGC22R0009

SECTION 2

PERFORMANCE WORK STATEMENT (PWS)

Office of Inspector General Part-Time Multiemployer Pension Plan Analytical Services

1.0 PROJECT TITLE: OFFICE OF INSPECTOR GENERAL (OIG) PART-TIME

MULTIEMPLOYER PENSION PLAN ANALYTICAL SERVICES

The Contractor shall provide a multiemployer pension plan expert to assist auditors and criminal investigators in the Pension Benefit Guaranty Corporation (PBGC), Office of Inspector General (OIG) with oversight of PBGC’s implementation of section 9704 of the American Rescue Plan Act of 2021 (ARPA). This is a part-time labor-hour contract covering a two-year time period under the provisions of FAR 37.2: “Advisory and Assistance Services.”

2.0 BACKGROUND

The Pension Benefit Guaranty Corporation (PBGC) is a wholly owned United States government corporation and agency of the United States created under Title IV of the Employee Retirement Income Security act of 1974 (ERISA) to administer the federal pension insurance programs and enforce compliance with the provisions of Title IV.

2.1 Background Information for Office of Inspector General (OIG) The Office of Inspector General (OIG) was established at the PBGC by the 1988 amendments to the Inspector General Act of 1978 (IG Act). Under the IG Act, the OIG is an independent office within PBGC and has no programmatic responsibility. The OIG provides objective written work products to the PBGC Board of Directors, agency management, and Congress about PBGC programs and operations. These work products include audits, evaluations, inspections, investigations, reviews, and risk advisories. In addition to conducting statutorily required projects and reports, the OIG responds to Hotline complaints and requests from Members of Congress, and conducts other projects as necessary to address operational, financial, Information Technology (IT), and programmatic risks.

2.2 American Rescue Plan Act 2021 (ARPA)

In March 2021, Congress enacted the American Rescue Plan Act of 2021 (ARPA). Under ARPA, the Treasury will provide approximately $86 billion in Special Financial Assistance (SFA) to PBGC, which will then disburse the funds to eligible multiemployer pensions plans. Eligible plans include: (a) those in critical and declining status; (b) those that have approved benefit suspensions under Multiemployer Pension Reform Act of 2014; (c) those that are in critical status with a funding percentage of less than 40% with more inactive than active participants; and (d) those plans that are already insolvent and remain ongoing. The Special Financial Assistance is designed to reach all multiemployer defined benefit plans regardless of size, but the amount of assistance is based on specific criteria outlined in ARPA. The Congressional Budget Office estimates that 185 plans are likely to receive assistance, but as many as 336 might under certain circumstances. A troubled pension plan will receive enough financial assistance to keep it solvent until the plan year ending in 2051 — with no cuts to the earned benefits of participants and beneficiaries. This program enhances retirement security for millions of Americans by providing eligible multiemployer defined benefit pension plans with SFA in the amounts required for the plans to pay all benefits due during the period beginning on the date of payment of SFA through the plan year ending in 2051.

PAGE 7 OF 46 16PBGC22R0009

3.0 SCOPE

The objective of this single-award task order is for the Contractor to provide non-personal general advisory and assistance services regarding the SFA to the Office of Inspector General staff with PBGC’s review and approval of SFA distributed to poorly funded multiemployer plans under FAR 37.2(b)(1)(3)(4)(c). PBGC estimates there are between 185 to 336 multiemployer pension plans eligible to receive assistance under the ARP SFA.

The Contractor’s employee shall provide general advisory and assistance services for multiemployer pension plans under ARP (see paragraph 4 below).

This shall be a Labor Hour (L/H) task order and shall be invoiced on a monthly basis.

To ensure successful performance of the Tasks herein, the Contractor must provide personnel with the following required minimum education, qualifications, and specialized experience:

Table 1: Key Personnel Minimum Requirements

Labor Category

Minimum Education

Requirements

Minimum Qualifications

Minimum Specialized Experience

Senior Management Consultant

(Multiemployer

Pension Plan Expert)

Master’s Degree in business, accounting, financial management or related field or have a Law Degree (JD) from ABA approved law school.

1. 15 years of experience with managing and administering multiemployer programs, including the ability to interpret applicable laws and regulations related to pension plans.

2. Possess a complete understanding of Section 9704 of the American Rescue Plan Act of 2021

(ARPA).

3. Ten years of experience in management consulting or ten years as an attorney with a federal agency.

1. Mastery level knowledge of and the proven ability to interpret applicable laws, rules, and regulations, including the U.S. Constitution, the U.S.

Code, the Federal Rules of Evidence.

2. Experience in the Multiemployer Insurance Program including experience managing and administering the multiemployer program, as well as knowledge of the Multiemployer Pension Reform Act of 2014 (MPRA).

3. Mastery level knowledge of complex legal theories, principles, practices, and precedents.

4.0 SPECIFIC (KEY) TASKS (PERFORMANCE REQUIREMENTS)

The Contractor shall provide Advisory and Assistance Services on a part time basis to PBGC OIG (see specific key tasks 4.1 – 4.7 below).

PAGE 8 OF 46 16PBGC22R0009

4.1 Task 1 Analysis of contributions

The Contractor’s advice and assistance employee shall analyze historical and projected contributions, contribution base units (CBUs), average contribution rates, additional rehab plan contributions, reciprocity contributions (if applicable), withdrawal liability payments collected, and other identified contribution streams. The results of this analysis shall be provided to the OIG, along with any recommendations as to what contributions can be expected by PBGC in comparison to historical data.

4.2 Task 2 – Administrative expenses

The Contractor’s advice and assistance employee shall perform a valuation of plan administrative expenses, including but not limited to historical comparative analysis between the present and the previous cost of plan administration. The results of this valuation analysis shall be provided to the OIG, along with any recommendations the Contractor may have regarding the reasonableness of administration expenses.

4.3 Task 3 – Analysis of benefit payments

The Contractor’s advice and assistance employee shall evaluate benefit payments attributed to reinstatement of benefits suspended under MPRA. The results of this evaluation shall be provided to the OIG, along with any recommendations the Contractor may have regarding the reinstatement of benefits suspended under MPRA.

4.4 Task 4 – Special Financial Assistance (SFA) Amounts

The Contractor’s advice and assistance employee shall verify the assumptions used to determine the applicant’s requested SFA amount to ensure accuracy. The results of each verification shall be provided to the OIG, along with any recommendations as to the methods PBGC may use to be able to more effectively verify the assumptions that are used to determine the requested SFA amounts in addition to any corrections that may be required for the application(s). These verification reviews shall include work previously performed covering partitions, mergers, guidance on Guarantee-level pensions, and post MPRA suspensions.

4.5 Task 5 – Withdrawal Liability

The Contractor’s advice and assistance employee shall formulate a projection of withdrawal liability payments for each currently withdrawn employer(s) using historical comparative analysis and any other techniques to ensure an accurate projection of withdrawal liability payments. These projections shall be provided to the OIG in the form of a recommendation to assist OIG staff in validating the withdrawal liability payment projections developed by the plan.

4.6 Task 6 – SFA Financial Information

The Contractor’s advice and assistance employee shall independently perform a review of financial information submitted by SFA applicants and provide comments on the decisions made by the PBGC staff. The results of these reviews will be provided to PBGC OIG to assist in OIG’s independent review and corrections to applications as required.

4.7 Task 7 – Written Responses

The Contractor’s advice and assistance employee shall review and draft written responses to congressional staff inquiries regarding the SFA and any other relevant topics, in addition to

PAGE 9 OF 46 16PBGC22R0009

assisting with the preparation/drafting of reports, subpoenas, affidavits, memoranda, interview summaries, and legal analysis in connection with these reports. The Contractor’s review comments and any drafts shall be provided to the OIG in the form of recommendations.

5.0 GOVERNMENT-FURNISHED PROPERY (GFP)

PBGC OIG will furnish or provide access, to the extent available, copies of regulations, procedures, policies, other materials, administrative support and/or equipment (e.g., laptop) necessary for the Contractor to perform the work required by this task order.

6.0 PLACE OF PERFORMANCE

Work required under this contract may be performed at the Contractor’s worksite, at the present PBGC Headquarters, 1200 K St, NW, Washington DC, and/or via telework. Any telework must be coordinated with the COR.

Beginning in approximately September of 2022, work required under this contract may be required to be performed at PBGC’s new Headquarters, Portals II (located at 445 12th SW, Washington, DC, 20554).

Normal business hours for the purpose of this requirement are from approximately 8:00 a.m. to 4:30 p.m., with flexibility for the start/stop times.

7.0 PERIOD OF PERFORMANCE

The period of performance is for one (1) 12-month base period and one (1) 12-month option period:

Base Period: June 23, 2022, to June 22, 2023 Option Period 1: June 23, 2023, to June 22, 2024

8.0 INHERENTLY GOVERNMENTAL TASKS:

The Contractor’s advice and assistance employee may perform an assessment/evaluation/analysis or review and must provide the results of such assessments/evaluations/analyses or reviews as recommendations to the OIG that will serve to assist the Government in the Government making decisions and determinations; however, as this is not a personal services contract the advice and assistance employee must not perform inherently governmental tasks that involve the advice and assistance employee partaking in activities such as directing, controlling, approving, making final determinations on behalf of the Government.

The following list of inherently governmental tasks is provided per FAR 7.503 Policy and is not to be construed to be all-inclusive. If in doubt the advice and assistance employee must notify the COR before performing any task that may be considered inherently governmental:

• The direction and control of Federal employees.

• The determination of agency policy, such as determining the content and application of regulations, among other things.

• The determination of budget policy, guidance, and strategy.

• The determination of Federal program priorities for budget requests.

PAGE 10 OF 46 16PBGC22R0009

• The approval of Federal licensing actions and inspections.

• The approval of position descriptions and performance standards for Federal employees.

• The selection or non-selection of individuals for Federal Government employment, including the interviewing of individuals for employment.

9.0 CONFLICTS OF INTEREST

Confidential information covering SFA assumptions, internal pension plan matters and OIG decisions and processes in connection with the OIG’s obligations under the IG Act of 1988 and PBGC’s obligations under Title IV of ERISA and the ARPA will be shared with the Contractor.

The OIG must, at all times, be assured that the confidences disclosed by it to its multiemployer specialist Contractor will not be breached. Further, the Contractor must avoid conflicts of interest or the appearance of conflicts of interest that might compromise this confidential relationship with the OIG.

The Contractor assigned to this work shall sign an Independence and Non-Disclosure Agreement that restricts disclosure of PBGC and PBGC OIG documents containing privileged or confidential personal, government, and business data on a “need-to-now” basis, except as required by law, regulation, or professional standards.

10.0 DELIVERABLES AND DELIVERY SCHEDULE

Deliverables will include written work products representing the results of the Contractor assistance provided in the way of assessments, evaluations, analyses, reviews (e.g., draft memorandums, draft letters, draft reports, and draft summaries), data analysis (e.g., Excel spreadsheets), and data visualization (tables, charts, graphs, draft presentations). All deliverables shall be prepared and submitted (Contractor format is acceptable)

10.1 Project Plan: The Contractor shall address its approach to meet each Task objective and Deliverable as described in Sections 4 and 10.4 of the PWS. The Project Plan must include a completed Deliverables Schedule (see PWS Table 10.5) with proposed due dates per deliverable.

The initial Project Plan shall be submitted by the Contractor in response to the solicitation and shall be incorporated into the Task Order upon award. The Contractor will update the Project Plan within the first 30 days of the task order award.

10.2 Monthly Status Reports: The Contractor is required to provide written monthly progress reports. These progress reports should include a list of all tasks, anticipated duration, and estimated completion date. If an unanticipated problem or obstacle arises creating a delay in meeting the estimated completion date, the Contractor should notify the OIG within 2 business days and should be prepared to discuss options to resolve the problem(s). The OIG will work with the Contractor to get the specific task on-track and adjust priorities and due dates accordingly.

Must be delivered to the Contracting Officer’s (CO’s) Representative (COR) monthly on the first Monday of the month by 2:00 pm EST (except for when Monday falls on a Federal Holiday) via electronic format(email) and contain:

• The overall number of reports being worked and any issues with the reports.

• The number of reports completed for the month and being invoiced.

PAGE 11 OF 46 16PBGC22R0009

• Any issues or comments

10.3 Quality Control Plan (QCP): The Contractor shall develop a Quality Control Plan (QCP) (to be provided as part of the quotation and included as an attachment) and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which the Contractor ensures that its work complies with the requirements, tasks and deliverables of the task order. The finalized QCP will be accepted by the Government at the time of award of the task order. The Contracting Officer may notify the Contractor of required modifications to the plan during the period of performance.

The Contractor then shall coordinate suggested modifications and obtain acceptance of the revised plan by the Contracting Officer and the COR. Any modifications to the program during the period of performance shall be provided to the Contracting Officer for review no later than 10 working days prior to effective date of the change. The QCP shall be subject to the Government's review and approval. The Government may find the QCP "unacceptable" whenever the Contractor's procedures do not accomplish quality control objective(s). The Contractor shall revise the QCP within 10 working days from receipt of notice that QCP is found "unacceptable."

4.1- 4.6 Results/ Reports: Results/ Reports, email or other communications provided to OIG as a part of the necessary Advisory and Assistance Services related to tasks 4.1 – 4.6.

4.7 Draft written responses: Results/reports for task 4.7 responses to congressional staff and other tasks, shall be assigned by the COR as required and a delivery date shall be agreed to by both the Contractor and the COR on a case by case basis.

All Deliverables must be delivered electronically to the COR by the date specified in the Deliverables Schedule and are subject to inspection and acceptance as further delineated in PBGC Clause 52.246-7000.

Table 10.5 – Deliverables Schedule

Applicable

PWS

Section

Deliverable Description Due Date Format Delivery

POC

10.1 Project Plan

With the quote and updated within 30 days of task order award

Contractor format acceptable

COR

10.2 Monthly progress

report(s)

1st Monday of each month

Contractor format acceptable

COR

10.3 Quality Control Plan

(QCP)

With the quote and updated within 30 days

Contractor format acceptable

COR

PAGE 12 OF 46 16PBGC22R0009

of task order award

4.1- 4.6

Task 1-6 Results/ Reports, email or other communications provided to OIG as a part of the necessary Advisory and Assistance Services

TBD on a case by case basis between the

Contractor and the COR

As agreed to during contract kickoff meeting

COR

4.7

Task 7 – Draft written responses to congressional staff inquiries in addition to preparing draft reports, subpoenas, affidavits, memoranda, interview summaries, and legal analysis in connection with these draft responses.

As assigned by the COR and agreed to by the Contractor

As agreed to during contract kickoff meeting

COR

11. POST – AWARD CONFERENCE:

After contract award, the CO, supported by the COR, will conduct a post award conference for appropriate Contractor and PBGC personnel. The COR and other PBGC personnel, as appropriate, will remain available to the Contractor on an ongoing basis for consultation and guidance, as needed, during the period of performance of the task order.

The post award conference will be held virtually and will be conducted within seven business days following task order award. The Contractor will be informed of the date, time, and conference call number or MS TEAMS access for the conference.

12. PERFORMANCE STANDARDS:

12.1 The Contractor must adhere to the following performance standards on all deliverables:

• Accuracy - Deliverables must be accurate in presentation, technical content, free of spelling and grammatical errors.

• Clarity - Deliverables must be clear and concise. All charts and tables Contractor be clearly labeled, easy to understand and relevant to the supporting narrative.

• Consistency to requirements - All Deliverables must satisfy the Performance Requirements of the PWS.

• Format – The Contractor must assure all final deliverables are Section 508 compliant.

• Timeliness – Deliverables must be submitted on or before the due date specified per

PAGE 13 OF 46 16PBGC22R0009

the PWS or as agreed to by the COR

12.2 Performance Standards:

The Contractor is encouraged to meet or exceed performance standards. PBGC will monitor performance under this Task Order in support of preparing a performance assessment in the Contractor Performance Assessment Reporting System (CPARS). Agencies are instructed to use the CPARS to create and measure the quality and timely reporting of performance information conforming to requirements and to standards of good workmanship; forecasting and controlling costs; adherence to schedules, including the administrative aspects of performance; reasonable and cooperative behavior and commitment to customer satisfaction; integrity and business ethics; and business-like concern for the interest of the customer. Adherence to Performance Standards under this contract will be used in support of the past performance assessment and may range from Exceptional (Positive) to Unsatisfactory (Negative) in accordance with FAR 42.1503.

12.3 Performance Requirements Summary

Perf Std#

Required Service

Type of Performance

Standard

Required Performance

Acceptable Quality Levels (Target AQL) Surveillance Methods

PS-1 Project Plan

Compliance The Contractor shall remain in compliance with the Project Plan per PWS Section 10.1.

100% compliance with the Project Plan per PWS Section 10.1.

No deviations are permitted without an acceptable documented explanation.

100% inspection by COR.

PS-2 Monthly Progress Reports

Timeliness Accuracy

The Contractor shall deliver the monthly progress reports to the COR per PWS Section 10.2.

Delivered on the first Monday of each month.

Report to include information required by COR and in the mutually agreed format.

E-mail monitoring of receipt date.

100% COR inspection/ acceptance of each report.

PS-3 Tasks 1 – Analysis and Advisory services

Timeliness Accuracy

Results/ Reports, email or other communications provided to OIG as a part of the necessary advisory services per PWS Sections 4.1 through 4.6.

Delivered in accordance with the due date agreed upon by the COR and Contractor.

No more than one (1) round of revisions required.

E-mail monitoring of receipt date.

100% COR inspection/ acceptance of each final deliverable.

PS-4 Task 7 Written Responses

Timeliness Accuracy

The Contractor shall review and draft written responses to

Delivered in accordance with the due date in the Contractor’s Government-approved project plan.

E-mail monitoring of

PAGE 14 OF 46 16PBGC22R0009

congressional staff inquiries in addition to assisting with the preparation/drafting of reports, subpoenas, affidavits, memoranda, interview summaries, and legal analysis in connection with these reports per PWS Section 4.7.

No more than one (1)

100% COR inspection/ acceptance of each final deliverable.

13. PWS ATTACHMENTS

1. Quality Assurance Surveillance Plan (QASP)

SECTION 2 - QASP

PAGE 15 OF 46 16PBGC22R0009

Quality Assurance Surveillance Plan (QASP)

Multiemployer Pension Plan Analytical Services

1. Purpose

This Quality Assurance Surveillance Plan (QASP) is a Government developed document used to ensure that systematic quality assurance methods are used in the administration of the Performance-based Acquisition (PBA) standards included in this Performance Work Statement (PWS). The intent is to ensure that the Contractor performs in accordance with the performance standards/acceptable quality levels contained in the PWS; that the Government receives the quality of services called for in the contract; and, that the Government only pays for the acceptable level of services received.

2. Scope

It is important to understand the responsibilities of the parties and distinguish between the quality control plan and the QASP. The contractor is responsible for managing and developing a quality control plan to meet the quality standards established in the PWS. The QASP is put in place to provide Government surveillance and oversight of the contractor’s efforts in meeting the performance standards required by the contract. The QASP is not part of the contract, nor is it intended to duplicate the Contractor’s quality control plan. The Government may provide the Contractor with an informational copy of the QASP to support the Contractor’s efforts in developing a quality control plan that will interrelate with the QASP.

3. Government Resources

The following personnel will implement all surveillance activities:

Contracting Officer. The Contracting Officer ensures performance of all necessary actions for effective contracting, ensures compliance with the terms of the contract, and safeguards the interests of the United States in the contractual relationship. It is the Contracting Officer that assures the Contractor receives impartial, fair, and equitable treatment under the contract. The Contracting Officer is ultimately responsible for the final determination of the adequacy of the Contractor’s performance.

Contracting Officer’s Representative (COR). The COR is responsible for technical administration of the contract and assures proper Government surveillance of the Contractor’s performance. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. Any changes that the Contractor deems may affect contract price, terms, or conditions shall be referred to the Contracting Officer for action.

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4. Methods of QA Surveillance

The surveillance methods listed below shall be used in the administration of this QASP. The specific surveillance method for each performance standard and acceptable quality level is listed in the “Monitoring Method” column of the PWS.

COR Review – Indicates that the COR will be responsible for monitoring the Contractor’s performance in meeting specific performance standards/acceptable quality levels.

In the case of a written deliverable, COR Review will consist of up to 100% inspection of the specific deliverable and supporting documentation.

In the case of day-to-day support activities, COR Review will consist of periodic inspection or random monitoring.

The COR may also request meetings to address deliverables, discuss progress, exchange information, and resolve emergent technical problems and issues.

Customer Feedback – Customer feedback may be obtained either from the results of formal customer satisfaction surveys or from customer complaints received by the Government (internal and external to PD). Customer complaints, to be considered valid, must set forth clearly and in writing the detailed nature of the complaint, and must be signed and forwarded to the COR, who shall assess the validity of the complaint and retain it in a documentation file. The COR shall ensure the tabulated results of all customer satisfaction surveys are kept on file.

The results of all monitoring activity shall be documented on the Surveillance Activity Summary Form (Attached). The COR shall submit copies of the Summary Form to the Contracting Officer on a quarterly basis, at the conclusion of contract performance, and whenever contractor performance fails to meet acceptable quality levels.

5. Documentation

The COR will, in addition to providing documentation to the Contracting Officer, maintain a complete quality assurance file. The file will contain copies of all reports, evaluations, recommendations, surveillance checklists, and any actions related to the Government’s performance of the quality assurance surveillance function. All such records will be retained for the life of the contract and forwarded to the Contracting Officer upon completion.

6. Incentives and Disincentives

On a monthly basis, the COR will assess the contractor’s performance using the Performance Requirements Summary in the PWS and included below as the Surveillance Activity Summary.

The COR will alert the CO whenever a disincentive should be included in the invoice.

Incentives: See Surveillance Activity Summary attached hereto.

Disincentive: See Surveillance Activity Summary attached hereto.

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i. Revision – All items listed in the "Surveillance Activity Summary" below are reviewed by the Government upon its submission by the Contractor to the Government in accordance with that respective item's deliverable deadline.

Following the Government's review of the submitted item, the Government may have a single required edit/ comment for the Contractor to address or a series of edits/comments for the Contractor to address. Regardless of whether the Government requests a single edit/comment or a series of edits/comments for the Contractor to address, the first phase of all Government edits/comments (across all Government stakeholders/reviewers) shall constitute a single requested revision. The Government reserves the right to determine whatever edit/comment it deems necessary to make a document acceptable to the Government, (i.e., technical, grammatical, etc.). Once that edit/comment or edits/comments is/are addressed by the Contractor and the deliverable is resubmitted to the Government, any further edits or comments, no matter the number, on items the Contractor was initially requested to address will be considered as an additional revision, and so on. In the event the Government makes an edit/comment in its second review on an item that the Government missed in its first review - and that item was not part of the logical review of the edited version of the initial deliverable - the Contractor will not be assessed another revision beyond the initial revision for that additional "edit/series of edits."

The Government will evaluate the accuracy of calculations and information in each deliverable, as well as, Clarity, Consistency to Requirements, Fitness for Intended Purpose, Editable, Format, Timeliness.

All Deliverables shall adhere to due dates in PWS Table 10.5. Delivery date extensions will only be granted for delays outside of the

Contractor’s control. The consolidated incentives/disincentives identified in the table below apply to all deliverable(s) due dates.

ii. Completeness and Accuracy of Work papers and Reports- The contractor shall ensure that all work papers and reports are complete and accurate, including plan name, plan number, DOPT, and DOTR. Conclusions reached shall be supported by adequate documentation and cross-referenced to the corresponding work papers. Work papers should be free of mathematical and referencing errors.

iii. Timeliness of Deliverables - The contractor shall ensure that all Call Order deliverables are provided to the

COR by 5:00 pm ET by the specified due dates in the Call Order. If there are delays outside of the contractor’s control, the contractor shall notify the COR when the delay is identified and submit a plan as to how the Call Order tasks will be brought back into schedule.

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Surveillance Activity Summary

Perf Std#

Required Service

Type of Performance

Standard

Required Performance

Acceptable Quality Levels (Target AQL)

Surveillance Methods

Monitoring Performed by/

Date(s)*

Compliance with

Performance Standard/ AQL*

Comments*

PS-1 Project Plan Compliance The Contractor shall remain in compliance with the Project Plan per PWS Section 10.1.

100% compliance with the Project Plan per PWS Section 10.1.

No deviations are permitted without an acceptable documented explanation.

100% inspection by

COR.

*Please note this column is meant to be used by the COR during administration of the task order

*Please note this column is meant to be used by the

COR during administration of the task order

*Please note this column is meant to be used by the COR during administration of the task order PS-2 Monthly

Progress Reports

Timeliness Accuracy

The Contractor shall deliver the monthly progress reports to the COR per PWS Section 10.2.

Delivered on the first Monday of each month Report to include information required by COR and in the mutually agreed format.

E-mail monitoring of receipt date.

100% COR

inspection/ acceptance of each report.

PS-3 Tasks 1 – 9 Analysis and Advisory services

Timeliness Accuracy

Results/ Reports, email or other communications provided to OIG as a part of the necessary advisory services per PWS Sections

4.1 through 4.9.

Delivered in accordance with the due date agreed upon by the COR and Contractor.

No more than one (1)

E-mail monitoring of receipt date.

100% COR

inspection/ acceptance of each final deliverable.

PS-4 Task 10 Written Responses

Timeliness Accuracy

The Contractor shall review and draft written

Delivered in accordance with the due date in the

E-mail monitoring of

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responses to congressional staff inquiries in addition to assisting with the preparation/draft ing of reports, subpoenas, affidavits, memoranda, interview summaries, and legal analysis in connection with these reports per PWS Section 4.10.

Contractor’s Government-approved project plan.

No more than one (1)

100% COR

inspection/ acceptance of each final deliverable.

Consolidated Incentives: For meeting the AQL, the Contractor shall receive a Very Good performance rating in CPARS. For exceeding the AQL, the Contractor shall receive an Exceptional performance rating in CPARS.

Disincentives: Any missed performance standard may result in an unfavorable CPARS performance rating.

SECTION 3 - INSTRUCTIONS

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SECTION 3

INSTRUCTIONS TO OFFERORS

The Offeror shall provide a proposal that conforms to the requirements outlined in this solicitation. The

Offeror’s failure to follow the requirements in the instruction to Offerors may result in the Offeror’s proposal not being evaluated for award.

As a result of this Request for Proposal (RFP), the Government intends to award one (1) Labor Hour (LH) contract. All information necessary for the review and consideration of the Offeror’s submission shall be included in its proposal. This solicitation is limited to 100% small business, as a set-aside.

The Offeror must be a small business to be considered for award and shall provide proof of its small business status with their proposal (i.e., SAM registration or other official documentation).

1.0. Due Date for Questions

Questions regarding this solicitation shall be submitted via email to Rudy Baldus, at baldus.carl@pbgc.gov

Sierra Villanueva, at villanueva.sierra@pbgc.gov, and Nick Castrinos at castrinos.nicholas@pbgc.gov, no later than 10:00 AM Eastern Time (ET) on May 17, 2022.

Any questions received after this date may not be answered before the solicitation closing date. Prospective

Offerors should identify the solicitation section and paragraph to which their question applies in accordance with the question format below. No information concerning this solicitation will be provided in response to telephone calls.

Question

Number

Solicitation

Section

Solicitation Page

Number

Offeror

Question(s)

PBGC

Response(s)

Prospective Offerors are warned against contacting any PBGC personnel outside of the Procurement

Department regarding this solicitation prior to award of a resultant task order. If such contact occurs and is determined to be prejudicial to competing Offerors, the Offeror making such contact may be excluded from award consideration.

Questions received and answers provided will be compiled and posted on SAM, giving due regard to the proper protection of proprietary information.

2.0. Due Date for Proposals

Proposals shall be submitted via email to Rudy Baldus, at baldus.carl@pbgc.gov Sierra Villanueva, at villanueva.sierra@pbgc.gov, and Nick Castrinos at castrinos.nicholas@pbgc.gov, no later than the date and time indicated on the SF1449.

3.0. Instructions to Offerors

The Offeror’s proposal shall consist of two (2) volumes – i.e., the Technical Proposal (Volume I) and the

Price Proposal (Volume II) – which shall be submitted no later than the date and time specified in Section

3, Instructions to Offerors.

PAGE 21 OF 46 16PBGC22R0009

The proposal shall use the format specified below. These directions assist in providing a fair and equitable evaluation of all proposals. The Government may deem proposals that do not follow these instructions as unacceptable and may reject the proposal from further consideration.

• 8.5 by 11-inch page size.

• 11 pitch print or larger, Times New Roman style font.

• Tables, charts, graphs, and figures shall be used wherever practical to depict organizations, systems and layout, implementation schedules, plans, etc. These displays shall be legible and shall not exceed 11 by 17 inches in size. For tables, charts, graphs and figures, the text shall be no smaller than 10-point Arial or Times New Roman.

• 1-inch margin at the top, bottom, and both sides of each page. All documents shall be in a Microsoft

Office compatible format. All pages shall be single spaced.

• Every page shall be sequentially numbered; and

• Page numbers shall be centered in the bottom margin.

The page limitations for the proposal are as follows:

1. The Technical Proposal (Volume I) shall not exceed ten (10) pages. The page limits for this volume exclude cover pages, cover letters, table of contents, and resumes.

2. The Price Proposal (Volume II) has no page limit. Offerors are cautioned not to include any information in Volume II that shall be listed under Volume I.

The Offeror’s written technical proposal shall fully address the evaluation criteria listed herein in Section

4, “Method of Award/Evaluation Factors.” Volume I (Technical) shall be submitted as a separate document from Volume II (Price) so that the evaluation of each volume may be conducted independently. The Offeror shall ensure that no pricing information is contained in the technical volume of the proposal.

4.0. Volume I – Technical Proposal

4.1. Factor 1: Technical Approach

The Offeror’s proposal shall demonstrate::

a. The Offeror’s understanding of the technical requirements outlined in the PWS as well as the necessary skills, knowledge, capabilities, and technical approach that will result in successful performance;

b. The Offeror’s approach for providing complete management support that will fully integrate, manage, control, and document all phases of contract performance; and

4.2. Factor 2: Key Personnel

The Offeror shall identify, by name, the proposed Senior Management Consultant key personnel. One resume per Key Personnel category shall be provided for each key personnel to be assigned. In addition, the resume of the proposed key personnel must contain an accompanying narrative which demonstrates that the proposed key personnel meets the minimum education, qualifications, and specialized experience listed in Table 1 in the solicitation’s Section 2 herein. Particular emphasis is placed on the five (5) key tasks outlined in Section 4, Evaluation, which must be addressed in the narrative. At a minimum, the resume for the proposed key personnel must include the following information:

▪ Name;

▪ Proposed position;

PAGE 22 OF 46 16PBGC22R0009

▪ Status (e.g., full time, part time, consultant, etc.): For each individual proposed, the Offeror shall indicate whether the person is: currently employed by the contractor, planning to join the company, a subcontractor, or if other arrangements have been made;

▪ Education: Any degrees or certifications earned.

▪ Relevant and Specialized Experience: Date of employment (month/year), employer, job title, concise description of project experience, duties, and responsibilities.

If the proposed personnel is not a current employee of the Offeror, the Offeror shall provide a signed letter of intent (not included in the page count) that the individual shall accept employment upon award.

All submitted information is subject to verification by PBGC personnel.

5.0. Volume II – Price

5.1. Factor 3: Price

The Offeror’s price proposal shall provide fully burdened labor rates for all items listed in Section 1, “Pricing Schedule” herein for the Base Period and Option Period 1. Additionally, the Offeror shall propose a price for the optional six-month extension pursuant to FAR 52.217-8. The proposal shall calculate its total proposed price for the six-month extension authorized by FAR 52.217-8 as one-half of the total price for the final option period of the BPA. The Offeror shall not change the descriptions or quantity of any item included in the Pricing Schedule. All CLINs within both the Base Period and Option Period shall be priced for the proposal to be evaluated.

AN OFFEROR’S FAILURE TO PROVIDE PRICING FOR THE FAR 52.217-8 EXTENSION OF

SERVICES CLAUSE WILL RESULT IN THE OFFEROR’S PROPOSAL OR PROPOSAL BEING

FOUND EITHER NON-COMPLIANT OR TECHNICALLY UNACCEPTABLE AND

INELIGIBLE FOR AWARD.

5.2. Business Information

As part of Volume II, the proposal shall also include the following information:

1. Authorized Individuals: The Offeror shall include the name, title, telephone number, and email address for the individual designated as the central point of contact for this proposal.

2. Exceptions: The Offeror shall include a statement that no exceptions have been taken to the terms and conditions of the solicitation. If any exceptions have been taken, the exceptions must clearly be listed on the cover page in the price proposal.

3. Offeror Validity Statement: The Offeror shall make a clear statement that its proposal is valid for no fewer than 120 calendar days from the closing date of the solicitation.

4. SAM Registration: The Offeror shall make a clear statement that their SAM registration is current and active at the time the proposal is submitted.

The Government is not liable for any costs incurred by any Offeror in submitting proposals in response to this RFQ.

6.0. Small Business Program Representation

In accordance with FAR 52.219-28, Post-Award Small Business Program Representation (SEP 2021), the awardee shall represent its size status in accordance with the size standard in effect at the time of the

PAGE 23 OF 46 16PBGC22R0009

representation that corresponds to the NAICS code assigned to this contract within 30 days after contract award and as required by the Contracting Officer.

The awardee shall make the representation(s) by validating or updating all its representations in the

Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. If the awardee does not have representations and certifications in SAM or does not have a representation in SAM for this contract’s

NAICS code, the awardee is required to complete the representation at FAR 52.219-28(h).

SECTION 4 - EVALUATION CRITERIA

PAGE 24 OF 46 16PBGC22R0009

SECTION 4

METHOD OF AWARD/EVALUATION CRITERIA

1.0 Basis of Award: Best Value Trade Off – Relative Order of Importance of Factors The Government will make an award to the Offeror whose proposal is determined to represent the best value to the Government considering price and non-price factors. The non-price factors are equal (technical approach and key personnel) and when combined, the non-price factors are significantly more important than price. Offerors are cautioned that the award may not necessarily be made to the lowest priced Proposal or to the highest technically rated Proposal. The resultant contract shall be awarded only to one responsible prospective Offeror.

2.0 Evaluation Factors

The Government will review the response to this solicitation to ensure that the Offeror has addressed the requirements outlined in the Performance Work Statement (PWS) of this solicitation in sufficient detail and clarity to allow the Government to determine whether the technical approach and pricing are acceptable. The Offeror’s written proposal shall be evaluated using the following non-price and price factors:

Factor 1: Technical Approach (demonstrates an understanding of the work) Factor 2: Key Personnel Factor 3: Price

3.0 Volume 1 – Technical Factors

3.1 Factor 1: Technical Approach

The Technical Approach factor will be evaluated to determine the degree to which the Offeror’s proposal demonstrates:

a. An understanding of the technical requirements outlined in the PWS as well as the necessary skills, knowledge, capabilities, and technical approach that will result in successful performance.

b. The Offeror’s approach for providing complete management support that will fully integrate, manage, control, and document all phases of contract performance; and

3.2 Factor 2: Key Personnel

The Government will evaluate the proposed Senior Management Consultant’s qualifications, education, and experience to determine the extent to which the proposed key personnel meet the minimum experience, qualifications, and education requirements identified in Table 1 of the solicitation’s Section 2: “PWS.”

The Government will evaluate the proposed key personnel’s resume and accompanying narrative to ascertain the extent of the proposed personnel’s ability to successfully provide multi-employer plan advisory services regarding the SFA to the OIG staff. All submitted information is subject to verification by PBGC personnel.

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