HCaTS 8(a) Pool 1 and Pool 2 Solicitation 47QREB-20-R-0001.pdf

HCaTS 8(a) Solicitation Number 47QREB-20-R-0001

Human Capital and Training Solutions 8(a)

(HCaTS 8(a))

Pool 1 and Pool 2

GSA Region 02 - HCaTS PMO sbhcats@gsa.gov

Table of Content

A.1 NOTICES TO OFFERORS

A.2 HCATS 8(A) SET-ASIDE ON-RAMPING

THIS SOLICITATION IS AN 8(A) COMPETITIVE SMALL BUSINESS SET-ASIDE ON-RAMPING TO CREATE

HCATS 8(A) POOL 1 AND POOL 2 IN ACCORDANCE WITH FAR 19.502-2, FAR 19.804-2, AND FAR 19.804-3, WITH THE ABILITY TO DO 8(A) SOLE SOURCE AND 8(A) COMPETITIVE SET-ASIDE TASK ORDERS

B.1 BACKGROUND

B.1.1 OFFICE OF PERSONNEL MANAGEMENT (OPM)

B.1.2 GENERAL SERVICES ADMINISTRATION (GSA)

B.1.3 MEMORANDUM OF UNDERSTANDING (MOU)

B.1.4 AUTHORITY

B.1.5 ECONOMY ACT

B.1.6 CONTRACT TYPE

B.1.7 MINIMUM GUARANTEE AND MAXIMUM CEILING

B.1.8 CONTRACT ACCESS FEE (CAF)

B.2 TASK ORDER PRICING

B.2.1 LABOR CATEGORIES AND STANDARD OCCUPATIONAL CLASSIFICATIONS

B.2.2 FIXED-PRICE TASK ORDERS

B.2.3 COST REIMBURSEMENT TASK ORDERS

B.2.4 INCENTIVE TASK ORDERS

B.2.5 TIME-AND-MATERIALS (T&M) AND LABOR-HOUR (L-H) TASK ORDERS

B.2.5.1 CEILING RATES FOR TIME-AND-MATERIALS (T&M) AND LABOR-HOUR (L-H)

B.3 ANCILLARY SUPPORT SERVICES AND OTHER DIRECT COSTS

B.3.1 SPECIALIZED PROFESSIONAL SERVICES LABOR

B.3.2 LABOR SUBJECT TO THE SERVICE CONTRACT ACT (SCA)

B.3.3 LABOR OUTSIDE THE CONTINENTAL UNITED STATES (OCONUS)

B.3.4 TRAVEL

B.3.5 MATERIALS AND EQUIPMENT

B.3.6 SUBCONTRACTING

C.1 SCOPE

C.1.1 KEY SERVICE AREAS (KSA)

C.2 AUTHORITIES

C.3 SUMMARY OF REQUIREMENTS

C.3.1 KEY SERVICE AREAS (KSA)

C.3.1.1 KSA 1 (CUSTOMIZED TRAINING AND DEVELOPMENT SERVICES)

C.3.1.2 KSA 2 (CUSTOMIZED HUMAN CAPITAL STRATEGY SERVICES)

C.3.1.3 KSA 3 (CUSTOMIZED ORGANIZATION PERFORMANCE IMPROVEMENT)

C.3.2 ANCILLARY SUPPORT SERVICES AND OTHER DIRECT COSTS

C.3.3 INFORMATION TECHNOLOGY (IT) AND NON-INFORMATION TECHNOLOGY PRODUCTS AND

SERVICES

C.3.4 TEMPORARY SUPPORT SERVICES

C.3.5 SERVICES NOT IN SCOPE

D.1 PACKAGING AND MARKING

E.1 INSPECTION AND ACCEPTANCE

F.1 DELIVERABLES

F.2 PERFORMANCE

F.3 PLACE OF PERFORMANCE

F.4 CONTRACT ORDERING PERIOD

F.4.1 TASK ORDER PERIOD OF PERFORMANCE

F.5 PERFORMANCE STANDARDS

F.5.1 DELIVERABLE AND REPORTING REQUIREMENTS

F.5.2 COMPLIANCE

G.1 BACKGROUND

G.2 ROLES AND RESPONSIBILITIES OF KEY PERSONNEL

G.2.1 PROGRAM MANAGER (PM)

G.2.2 CONTRACTING OFFICER (CO)

G.2.3 OMBUDSMAN

G.2.4 ORDERING CONTRACTING OFFICER (OCO)

G.2.5 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

G.2.6 CONTRACTOR KEY PERSONNEL

G.2.6.1 CORPORATE HCATS 8(A) PROGRAM MANAGER (CHPM)

G.2.6.2 CORPORATE HCATS 8(A) CONTRACT MANAGER (CHCM)

G.3 CONTRACTOR ADMINISTRATION REQUIREMENTS

G.3.1 CONTRACT ACCESS FEE (CAF)

G.3.2 CONTRACT PAYMENT REPORTING MODULE (CPRM)

G.3.2.1 TASK ORDER AWARD DATA

G.3.2.1.1 FIXED PRICE AWARD DATA

G.3.2.1.2 COST REIMBURSEMENT AWARD DATA

G.3.2.1.3 TIME-AND-MATERIALS (T&M) AND LABOR-HOUR (L-H) AWARD DATA

G.3.2.2 TASK ORDER MODIFICATION DATA

G.3.2.3 INVOICE DATA

G.3.2.4 CONTRACT ACCESS FEE (CAF) PAYMENT DATA

G.3.2.5 CLOSEOUT DATA

G.3.3 RESERVED

G.3.4 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

G.3.4.1 HCATS 8(A) CPARS

G.3.4.2 TASK ORDER CPARS

G.3.5 INSURANCE

G.3.6 MERGERS, ACQUISITIONS, NOVATIONS AND CHANGE-OF-NAME AGREEMENTS

G.3.7 RESPONSIBILITY AND FEDERAL AWARDEE PERFORMANCE AND INTEGRITY INFORMATION

SYSTEM (FAPIIS)

G.3.8 VETS-4212 REPORTS

G.3.9 FSRS REPORTS

G.3.10 POST AWARD SMALL BUSINESS PROGRAM RE-REPRESENTATION

G.4 HCATS 8(A) AND TASK ORDER CLOSEOUTS

G.5 OPTION DETERMINATION

H.1 RESERVED

H.2 OBSERVANCE OF FEDERAL HOLIDAYS

H.3 ORDERING PROCEDURES

H.3.1 SET ASIDES BASED ON SOCIO-ECONOMIC SUBGROUP

H.4 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS)

H.4.1 HCATS 8(A) NAICS CODES

H.4.2 PREDOMINANT TASK ORDER NAICS CODE DETERMINATION

H.5 PRODUCT SERVICE CODE (PSC)

H.6 ACCREDITATIONS

H.6.1 ADEQUATE ACCOUNTING SYSTEM

H.6.2 ACCEPTABLE ESTIMATING SYSTEM

H.6.3 APPROVED PURCHASING SYSTEM

H.6.4 FORWARD PRICING RATE AGREEMENTS (FPRA), FORWARD PRICING RATE RECOMMENDATIONS

(FPRR), AND AUDITED BILLING RATES

H.6.5 EARNED VALUE MANAGEMENT SYSTEM (EVMS)

H.6.6 INTERNATIONAL ORGANIZATION FOR STANDARDIZATION (ISO) 9001:2008/2015 CERTIFICATION

H.6.7 INTERNATIONAL ORGANIZATION OF STANDARDIZATION/INTERNATIONAL ELECTROTECHNICAL

COMMISSION (ISO/IEC) 27001:2013 CERTIFICATION

H.7 LIMITATIONS ON SUBCONTRACTING

H.8 MEANINGFUL RELATIONSHIP COMMITMENT LETTERS (MRCL)

H.9 PROFESSIONAL EMPLOYEE COMPENSATION POLICY

H.10 UNCOMPENSATED OVERTIME POLICY

H.11 SECURITY CLEARANCE REQUIREMENTS

H.11.1 FACILITY CLEARANCE LEVEL (FCL)

H.11.2 EMPLOYEE SECURITY CLEARANCE

H.11.3 HOMELAND SECURITY PRESIDENTIAL DIRECTIVE 12 (HSPD-12)

H.12 SUSTAINABILITY

H.13 PROPRIETARY SOLUTIONS

H.14 PARTNERING

H.15 MEETINGS

H.16 HCATS PMO WEBSITE

H.17 CONTRACTOR HCATS 8(A) WEBPAGE

H.18 MARKETING

H.19 MINIMUM TASK ORDER AWARDS OR ESTIMATED VALUE

H.20 TRAINING AND PERMITS

H.21 ETHICS AND CONDUCT

H.21.1 SUPERVISION

H.21.2 CONDUCT

H.21.3 CONFLICTS OF INTEREST

H.21.4 COOPERATION WITH OTHER CONTRACTORS ON GOVERNMENT SITES

H.22 GOVERNMENT PROPERTY

H.22.1 LEASING OF REAL AND PERSONAL PROPERTY

H.22.2 GOVERNMENT FACILITIES

H.22.3 RIGHTS OF INGRESS AND EGRESS

H.23 SECTION 508 OF THE REHABILITATION ACT OF 1973

H.24 ON-RAMPING

H.25 DORMANT STATUS

I.1 TASK ORDER PROVISIONS AND CLAUSES

I.2 HCATS 8(A) CLAUSES

I.2.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

I.2.2 GSAR CLAUSES INCORPORATED BY REFERENCE

I.2.3 FAR AND GSAR CLAUSES IN FULL TEXT

I.2.3.1 52.216-18 ORDERING (OCT 1995)

I.2.3.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.2.3.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.2.3.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.2.3.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.2.3.6 52.219-13 NOTICE OF SET-ASIDE OF ORDERS (NOV 2011)

I.2.3.7 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

I.2.3.8 552.204-70 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

I.2.3.9 52.219-17 SECTION 8(A) AWARD (OCT 2019)

I.2.3.10 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) PARTICIPANTS (JAN 2017)

J.1 STANDARDIZED LABOR CATEGORIES

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.2 FAR PROVISIONS INCORPORATED IN FULL TEXT

L.3 PROPOSAL SUBMISSION INSTRUCTIONS

L.3.1 PROPOSAL DUE DATE AND ADDRESS LOCATION

L.3.2 SOLICITATION QUESTIONS

L.4 PROPOSAL FORMAT INSTRUCTIONS

L.4.1 PROPOSAL FORMAT TABLE

L.5 PROPOSAL CONTENT

L.5.1 VOLUME 1 - ELIGIBILITY

L.5.2 VOLUME 2 - RESPONSIBILITY

L.5.3 VOLUME 3 - REPS AND PAST PERFORMANCE

L.5.3.1 REP DEFINITION:

L.5.3.2 SUPPORTING DOCUMENTS:

L.5.3.3 REP MINIMUM REQUIREMENTS (7 CRITERIA):

L.5.3.4 PAST PERFORMANCE AVERAGE RATING

L.5.3.5 REPS SCORING ELEMENTS

L.5.4 VOLUME 4 - ACCREDITATIONS

L.5.5 VOLUME 5- PRICING

L.5.5.1 DIRECT LABOR RATES

L.6 OFFICIAL LEGAL ENTITY

L.6.1 MERGERS, ACQUISITIONS, NOVATIONS, AND CHANGE-OF-NAME AGREEMENTS

L.6.2 INVERTED DOMESTIC CORPORATIONS

L.6.3 MEANINGFUL RELATIONSHIP COMMITMENT LETTERS (MRCL) (IF APPLICABLE)

M.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

M.2 BASIS FOR AWARDS

M.3 SCREENING AND EVALUATION PROCESS

M.3.1 INITIAL REVIEW

M.3.2 TECHNICAL REVIEW

M.3.3 RESPONSIBILITY DETERMINATION

M.3.4 PRICING:

M.4 PROPOSAL SCORING:

M.5 KEY PERSONNEL

PART I: THE SCHEDULE

SECTION A: SOLICITATION/CONTRACT FORM

A.1 NOTICES TO OFFERORS

This is the final solicitation to on-ramp contractors for HCaTS 8(a) Pool 1 and Pool 2. The Offerors shall follow the instructions set forth in Section L of this solicitation to be considered for award.

A.2 HCATS 8(A) SET-ASIDE ON-RAMPING

This Solicitation is an 8(a) Competitive Small Business Set-Aside On-Ramping to create HCaTS 8(a) Pool 1 and Pool 2 in accordance with FAR 19.502-2, FAR 19.804-2, and FAR 19.804-3, with the ability to do 8(a) sole source and 8(a) Competitive Set-Aside task orders.

All awards are subject to confirmation of eligibility to receive a competitive 8(a) award by the SBA.

If the SBA determines an apparently successful Offeror to be ineligible, no award will be made to that Offeror. This 8(a) set-aside On-Ramping is intended to set aside requirements for competitive awards under the 8(a) program, with task orders issued on either a sole source or competitive basis as determined by task order issuing agencies. HCaTS 8(a) will be comprised of 2 separate

Government-wide Multiple Award Indefinite Delivery, Indefinite Quantity (MA-IDIQ) task order contract Pools that span eight (8) North American Industry Classification System (NAICS) Codes.

(END OF SECTION A)

SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BACKGROUND

B.1.1 OFFICE OF PERSONNEL MANAGEMENT (OPM)

OPM provides human resources, leadership, and support to Federal agencies and the Federal workforce as they serve the American people. OPM has four primary areas of focus: policy and oversight, healthcare and insurance, retirement services, and services for agencies.

The Government Performance and Results (GPRA) Modernization Act of 2010 (GPRAMA), in part, mandates that the Office of Management and Budget (OMB) collaborate with agencies to develop a

Federal Government Performance Plan for each agency. As part of this mandate, agencies are required to integrate human capital strategies into their agency strategic plans in order to assure full alignment of talent with agency mission and strategy. GPRAMA requires that an agency’s performance plan include a description of how performance goals are to be achieved, including operation processes, training, skills and technology, and the human, capital, information, and other resources and strategies required to meet those performance goals.

OPM’s Human Resources Solutions (HRS) enterprise is a reimbursable entity for which OPM receives no funding from Congress. HRS provides human resources products and services that assist the Federal government in implementing their performance goals. These products and services thus function to develop leaders, attract and build a high quality public sector workforce, and transform agencies into high performing organizations.

B.1.2 GENERAL SERVICES ADMINISTRATION (GSA)

GSA was established in 1949 by President Harry Truman as the Federal agency tasked with administering supplies and providing workplaces for Federal employees. Today, GSA makes

Federal agencies more effective at what they do by providing expertise, management and smart acquisition solutions.

GSA’s acquisition solutions supply federal purchasers with cost-effective high-quality products and services from commercial vendors. Federal Acquisition Service (FAS) operates as America’s buyer, leveraging the buying power and acquisition expertise of the Federal government to deliver new and existing services and high-quality products to taxpayers and Federal customers. Since its establishment, FAS has demonstrated unrivaled capability to deliver these across Federal government at the best value possible.

In 2014, GSA embarked on a three-year vision to make FAS into the Government Acquisition

Marketplace, transforming the organization into a transparent, solution-neutral home for acquisition and subject matter expertise. According to the former FAS Commissioner, Thomas

Sharpe, Jr, the goal is “to provide agencies across government with the tools and knowledge they need to make the right buying decisions, reduce the proliferation of duplicative contract vehicles, and deliver the best value possible to our customers and the American people.”

To meet this goal, GSA reorganized FAS around the concept of category management, an acquisition strategy used by the most successful Fortune 500 companies. Category management looks at product and service categories and customizes purchase channels to better meet customer needs, leading to smarter purchasing decisions, better purchasing options, and saved dollars. Through their partnership, GSA and OPM can align the Human Capital and Training Solutions 8(a) (HCaTS

8(a)) with these strategic goals.

B.1.3 MEMORANDUM OF UNDERSTANDING (MOU)

On April 28th, 2014, GSA and OPM signed a Memorandum of Understanding (MOU) forming a partnership to address the need of providing the Federal government with human resource training and development and human capital management services more efficiently and effectively using

Industry best practices.

Under this agreement, GSA’s acquisition capabilities, tools and strategic sourcing experience are merged with OPM’s expertise in human resources, human capital, and training and development to form a more powerful Government solution. This partnership acknowledges the changing Federal landscape. It recognizes GSA’s and OPM’s strategic goals, the current budgetary realities across

Federal government and the need to better support the mission of the Federal agencies that GSA and OPM serve.

The scope of services under HCaTS 8(a) is defined in Section C.

B.1.4 AUTHORITY

The Administrator of GSA is specifically authorized to purchase supplies and nonpersonal services on behalf of other agencies under 40 U.S.C. 501. The Director of OPM is specifically authorized to perform training and personnel management services on behalf of other agencies under 5 U.S.C.

1304.

The authority for the award and administration of the HCaTS contracts and the delegation of authority for the award and administration of task orders under the HCaTS contracts are defined in

Section G. Hereafter, the HCaTS 8(a) Contracting Officer will be referred to as the HCaTS 8(a) CO and the Ordering Contracting Officer at the task order level will be referred to as the OCO.

B.1.5 ECONOMY ACT

In accordance with FAR Paragraph 17.502-2(b), the Economy Act does not apply to task orders awarded under the HCaTS 8(a) contracts under the authorities of 5 U.S.C. 1304 and 40 U.S.C. 501.

B.1.6 CONTRACT TYPE

HCaTS 8(a) allows for all contract types at the task order level (e.g., Fixed-Price, Cost-

Reimbursement, Time-and-Materials, and Labor-Hour). Task orders may also combine more than one contract type and include incentives, performance based measures, multi-year or option periods, and commercial or non-commercial items.

B.1.7 MINIMUM GUARANTEE AND MAXIMUM CEILING

The minimum dollar guarantee is $2,500.00 for each Contractor that does not obtain a task order award under their HCaTS 8(a) contract. The minimum dollar guarantee applies to the contract as a whole and not each ordering period, if exercised.

The minimum dollar amount for an individual task order must exceed the micro-purchase threshold as defined in FAR Section 2.101, as amended. The maximum dollar amount for HCaTS

8(a), including all options, if exercised, is $3.45 billion for Pool 1 and $2.3 billion for Pool 2.

B.1.8 CONTRACT ACCESS FEE (CAF)

GSA and OPM operating costs associated with the management and administration of HCaTS 8(a) are recovered through a Contract Access Fee (CAF). The CAF is a percentage of the total task order amount invoiced and the CAF percentage is set at the discretion of the HCaTS PMO. The HCaTS

PMO maintains the unilateral right to change the percentage at any time. See Section G.3.1 for more details regarding the CAF.

B.2 TASK ORDER PRICING

HCaTS 8(a) provides all Federal agencies the flexibility to determine fair and reasonable pricing tailored to the ordering agency’s requirement dependent upon level of competition, risk(s), uncertainty(ies), complexity, urgency and contract type(s). The OCO has the authority and responsibility to determine price, and if applicable, cost reasonableness for his agency’s task order requirements. Adequate price competition at the task order level, in response to an individual requirement, establishes the most accurate, fair, and reasonable pricing for that requirement.

The OCO shall identify the applicable contract type for all Contract Line Items (CLINs) in each task order.

The Contractor shall propose and the OCO award all labor rates when performance is conducted at the Contractor’s facility(ies) at the Contractor Site Rate(s), if applicable. The Contractor shall propose and the OCO award all labor rates at the Government Site Rate(s) when performance is conducted at the Government’s facility(ies) or a site not owned or leased by the Contractor, if applicable.

B.2.1 LABOR CATEGORIES AND STANDARD OCCUPATIONAL CLASSIFICATIONS

HCaTS 8(a) provides standardized labor categories that correspond to the Office of Management and Budget’s (OMB) Standard Occupational Classification (SOC) system for which the Bureau of

Labor Statistics (BLS) maintains compensation data.

In accordance with Attachment J.1 (Standardized Labor Categories), all of the HCaTS 8(a) labor categories are either an individual labor category that is mapped to a single SOC and functional description or a labor category group that is mapped to multiple SOC Numbers and functional descriptions. The HCaTS labor category groups were established based upon BLS published data regarding similar direct labor compensation within a grouping of multiple SOC numbers and functional descriptions.

Except for ancillary labor as defined under Section B.3, when responding to task order solicitations, regardless of contract type, the Contractor shall identify both Prime and Subcontractor labor using the HCaTS labor categories. The Contractor may deviate from the Junior, Journeyman, Senior, and

Subject Matter Expert (SME) definitions in Attachment J.1 (Standardized Labor Categories), as long as the Contractor clearly identifies the deviation in its proposals. Additionally, the following qualification substitution chart applies:

Degree Experience Substitution Experience and Degree Substitution

Bachelor’s

Degree

Six years of relevant work experience may be substituted for a Bachelor’s

Degree

Associate’s Degree plus four years of relevant work experience may be substituted for a Bachelor’s Degree

Master’s

Degree

12 years of relevant work experience may be substituted for a Master’s

Degree

Bachelor’s Degree plus eight years of relevant work experience may be substituted for a Master’s Degree

Doctorate

Degree

20 years of relevant work experience may be substituted for a Doctorate

Degree

Bachelor’s Degree plus 16 years or a

Master’s Degree plus 12 years of relevant work experience may be substituted for a Doctorate Degree

B.2.2 FIXED-PRICE TASK ORDERS

Fixed-Price contracts are defined under FAR Subpart 16.2 and other applicable agency-specific regulatory supplements.

B.2.3 COST REIMBURSEMENT TASK ORDERS

Cost reimbursement contracts are defined under FAR Subpart 16.3 and other applicable agency-specific regulatory supplements. FAR Parts 30 and 31 may apply to cost-reimbursement task orders.

To be considered for cost reimbursement task order awards, the Contractor shall have and maintain an adequate accounting system that will permit timely development of all necessary cost data in the form required by the proposed contract type.

B.2.4 INCENTIVE TASK ORDERS

Incentives are defined under FAR Subpart 16.4 and other applicable agency-specific regulatory supplements.

B.2.5 TIME-AND-MATERIALS (T&M) AND LABOR-HOUR (L-H) TASK ORDERS

T&M and L-H contracts are defined under FAR Sections 16.601 and 16.602, respectively, and other applicable agency-specific regulatory supplements.

The Contractor may provide separate and/or blended loaded hourly labor rates for Prime

Contractor labor, each Subcontractor, and/or each Division, Subsidiary, or Affiliate in accordance with the provisions set forth in FAR 52.216-29, 52.216-30 and/or 52.216-31. The OCO shall identify which provision(s) is applicable in the task order solicitation and the Contractor shall comply with the provision(s).

T&M and L-H task orders require the HCaTS 8(a) standardized labor categories and their associated rates to be identified in the task order award document.

Ancillary labor categories shall be paid in accordance with FAR 52.212-4 (Alternate I) (for commercial task order CLIN) and/or FAR 52.232-7 (for non-commercial task order CLIN).

B.2.5.1 CEILING RATES FOR TIME-AND-MATERIALS (T&M) AND LABOR-HOUR (L-H)

When preparing solicitations for T&M and/or L-H task order CLINs, the OCO must select from the following provisions in the task order solicitation.

1. FAR 52.216-29 Time-and-Materials/Labor-Hour Proposal Requirements—Non-Commercial

Item Acquisition With Adequate Price Competition (Feb 2007)

2. FAR 52.216-30 Time-and-Materials/Labor-Hour Proposal Requirements—Non-Commercial

Item Acquisition Without Adequate Price Competition (Feb 2007)

3. FAR 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Item

Acquisition (Feb 2007)

For organizations within the Department of Defense (DoD), when selecting FAR 52.216-29 the OCO shall also select DFAR 252.216-7002, Alternate A.

When FAR 52.216-30 is selected or FAR 52.216-31 is selected and there is an exception to fair opportunity, HCaTS 8(a) establishes maximum allowable labor rates in the form of fully burdened ceiling rates for all professional, non-ancillary, CONUS, T&M/L-H labor for both Government and

Contractor Sites. Based on the specific task order requirements, the OCO is authorized to exceed the HCaTS 8(a) fully burdened ceiling rates for those labor categories that include Secret/Top

Secret/SCI labor and/or OCONUS locations, if necessary.

The fully burdened ceiling rates do not apply when FAR 52.216-29 is selected, or FAR 52.216-29 with DFAR 252.216-7002, Alternate A is selected, or FAR 52.216-31 is selected and there is not an exception to fair opportunity.

The fully burdened ceiling rates awarded at initial contract award shall serve as the basis for all future year pricing for those fully burdened ceiling rates. In order to determine future year fully burdened ceiling rate pricing, the originally awarded rates will have an escalation factor applied.

This escalation factor will be the average annual BLS ECI for the previous three years. In Year 5 of

HCaTS 8(a), if the average annual ECI for the previous three years is higher than at time of HCaTS

8(a) award, the fully burdened ceiling rates for Years 6 through 16 will be adjusted by the difference of percentage increase. For example, if the BLS ECI index was 2.23% at time of proposal submission and the BLS ECI index is 3.16% in Year 5 of HCaTS, the fully burdened ceiling rates for

Years 6 through 16 will be adjusted by 0.93% per year on a cumulative basis. If the BLS ECI index in Year 5 of HCaTS 8(a) is equal to or below the BLS ECI index at time of award, the fully burdened ceiling rates will remain unchanged. In Year 10 of HCaTS 8(a), if the previous three year average annual BLS ECI index for the previous three years is higher than Year 5 of HCaTS 8(a), the fully burdened ceiling rates for Years 11 through 16 will be adjusted by the difference of percentage increase in accordance with the example above. If the average index in Year 10 is equal to or below the average index in Year 5, the fully burdened ceiling rates will remain unchanged.

The HCaTS 8(a) fully burdened ceiling rates that are in effect at the time a task order is awarded shall remain with the task order award during the entire term of the task order, including task orders with option periods. See Section F.4 for HCaTS 8(a) contracts and task orders awarded under HCaTS 8(a) contracts.

B.3 ANCILLARY SUPPORT SERVICES AND OTHER DIRECT COSTS

Other ancillary support services, integral and necessary as part of a total integrated solution within the scope of HCaTS 8(a) for which there is not a labor category specified in HCaTS 8(a), necessary to obtain a total, customized, and integrated solution, are allowable costs and may be included within an individual task order under an HCaTS 8(a) contract. Ancillary support services may include, but are not limited to, other professional and/or non-professional services; commercial and/or non-commercial items; IT services and/or components, administrative support; data entry; and, subject matter expertise. Other direct costs (ODCs) may include expenses such as travel, materials, equipment and/or Subcontractors. The Contractor shall propose and identify each ancillary support service or ODCs separately and the OCO shall identify each ancillary support service or

ODCs by a separate CLIN on the task order award.

The Contractor shall report in the Contract Payment Reporting Module (CPRM) all ancillary labor in accordance with Section G.3.2.

B.3.1 SPECIALIZED PROFESSIONAL SERVICES LABOR

Specialized professional services labor is defined as bona fide executive, administrative, or professional skills for which the expertise required or duties performed are within the scope of

HCaTS 8(a), but are so specialized that they are not explicitly defined in any labor category description in Attachment J.1 (Standardized Labor Categories). The Contractor may propose specialized professional services labor when proposing ancillary support; however, the OCO will determine whether circumstances merit the use of specialized professional skills. Whenever possible, this specialized professional labor should be mapped to the BLS SOC.

If the use of specialized professional services labor becomes frequent, additional labor categories and their associated fully burdened ceiling rates may be added by bilateral modification to an

HCaTS 8(a) contract.

B.3.2 LABOR SUBJECT TO THE SERVICE CONTRACT ACT (SCA)

HCaTS 8(a) labor categories, identified in Attachment J.1 (Standardized Labor Categories), are considered bona fide executive, administrative, and professional labor that are exempt from the

Service Contract Act (SCA).

To the extent that any ancillary labor for services are within the scope of HCaTS 8(a) and subject to the SCA in accordance with FAR Subpart 22.10 and other applicable agency-specific regulatory supplements, the OCO shall identify such work in the task order solicitation and make a determination as to whether SCA wage determinations are to be applied or not. The OCO shall incorporate the appropriate provisions and clauses in each task order solicitation and subsequent award when the SCA applies.

B.3.3 LABOR OUTSIDE THE CONTINENTAL UNITED STATES (OCONUS)

Outside the Continental United States (OCONUS) is defined as other than the 48 contiguous states plus the District of Columbia. It is anticipated that there may be task orders for work OCONUS. The

U.S. Department of State’s Bureau of Administration, Office of Allowances, publishes quarterly report indexes of living costs abroad, per-diem rate maximums, quarter’s allowances, hardship differentials, and danger pay allowances.

The Department of State Standardized Regulations (DSSR) is the controlling regulations for allowances and benefits available to all U.S. Government civilians assigned to foreign areas. For task orders issued under HCaTS 8(a) contracts, Contractor personnel assigned to foreign areas shall not receive allowances and benefits in excess of those identified in the DSSR.

For OCONUS task orders where costs are not specifically addressed in the DSSR, the Government will reimburse the Contractor for all reasonable, allowable, and allocable costs in accordance with

FAR Part 31 and other applicable agency-specific regulatory supplements.

B.3.4 TRAVEL

Travel costs may be firm-fixed price or reimbursed at actual cost in accordance with the limitations set forth in FAR Subsection 31.205-46 and other applicable agency-specific regulatory supplements.

Unless otherwise directed by task order terms and conditions, the Contractor may apply indirect costs to travel consistent with the Contractor’s standard accounting practices.

B.3.5 MATERIALS AND EQUIPMENT

Material and equipment, as defined in FAR Part 45.101, shall be priced in accordance with the terms of the task order solicitation, contract type, and applicable FAR and agency-specific regulatory supplements. Unless otherwise directed by task order terms and conditions, the

Contractor may apply indirect costs to material and equipment consistent with the Contractor’s standard accounting practices.

B.3.6 SUBCONTRACTING

For non-commercial items, subcontracting shall follow the procedures set forth in FAR Part 44 and other applicable agency-specific regulatory supplements. For commercial items, subcontracting shall follow the procedures set forth in FAR Part 12 and FAR Subpart 44.4, and other applicable agency-specific regulatory supplements.

(END OF SECTION B)

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE

The Office of Personnel Management (OPM) and the General Services Administration (GSA) formed a new partnership to jointly award and administer a new strategically sourced contract vehicle providing customized training and development services, customized human capital strategy services, and customized organizational performance improvement services to all Federal agencies. The goals of this partnership are grounded in law, in OPM’s mission, and in Government-wide principles of human capital management. OPM will continue to offer high quality products while taking advantage of GSA’s ability to provide government-wide cost savings and efficiencies through its federal strategic sourcing expertise.

Through this partnership, GSA will be principally responsible for contract administration, while

OPM will be responsible for policy oversight and customer assistance. Together, through delegated procurement authority, both Federal agencies provide optional assisted acquisition services for

HCaTS 8(a) customers.

HCaTS 8(a) through delegated procurement authority and OPM assisted acquisition services, will provide Federal agencies with both direct access and assisted acquisition access to customized training and development services, customized human capital strategy services, and customized organizational performance improvement services

HCaTS 8(a) will also address:

1. the goals of strategic sourcing, which include reducing contract duplication and administrative costs, improving the quality of solutions while managing demand, increasing transparency, and ensuring the Government obtains the best value at the best overall price, and

2. the requirements of 5 CFR 250, which provides authority for personnel actions in Subpart A and authority for strategic human capital management in Subpart B.

In accordance with the requirements prescribed in 5 CFR 250, HCaTS 8(a) is also designed to assist

Federal agencies in carrying out their roles in managing human capital according to the following principles:

1. A Federal agency's human capital management strategies, plans, and practices should:

a. Integrate strategic plans, annual performance plans and goals, and other relevant budget, finance, and acquisition plans, and

b. Contain measurable and observable performance targets, and

c. Communicate in an open and transparent manner to facilitate cross-agency collaboration to achieve mission objectives.

2. A Federal agency's talent management system should enable a Federal agency to:

a. Plan for and manage current and future workforce needs, and

b. Design, develop, and implement proven strategies and techniques and practices to attract, hire, develop, and retain talent, and

c. Make meaningful progress toward closing knowledge, skill, and competency gaps in all occupations within the Federal agency.

3. A Federal agency's approach to performance management should include:

a. Strategies and processes to foster a culture of engagement and collaboration, and

b. A diverse, results-oriented, high-performing workforce, and

c. A performance management system that differentiates levels of performance of staff, provides regular feedback, and links individual performance to organizational goals.

4. A Federal agency's use of evaluation should contribute to agency performance by monitoring and evaluating outcomes of its human capital management strategies, policies, programs, and activities, checking both for merit system compliance and for success in identifying, implementing, and monitoring process improvements.

These four principles are consistent with the information prescribed within 5 CFR 250 and in

OPM's current Human Capital Assessment and Accountability Framework (HCAAF), as referenced in 5 CFR 250. The HCAAF is a living approach to human capital management that is expected to evolve over time as a guide for defining scope at the task order level.

HCaTS 8(a) seeks to acquire multiple qualified Contractors to provide customized training and development services, customized human capital strategy services, and customized organizational performance improvement services to meet the Federal government’s workforce needs while conforming to the above stated principles, Federal agency-specific and OPM policies, procedures, rules, regulations, and other governing doctrines. At the same time, Federal agencies will continue looking for ways to achieve their goals in as cost-efficient a manner as possible. HCaTS 8(a) has been designed to meet such challenges.

C.1.1 KEY SERVICE AREAS (KSA)

OPM’s experience is that customers have requirements that require solutions drawing from many different disciplines of study and areas of expertise. As a result, HCaTS 8(a) consists of three KSAs:

1) Customized Training and Development Services, 2) Customized Human Capital Strategy Services and 3) Customized Organizational Performance Improvement. Through the development and deployment of customized solutions defined in the KSAs below, HCaTS 8(a) will be able to assist

Federal agencies in accomplishing the following six objectives:

1. Improving the management of human capital in accordance with the HCAAF and OPM governing doctrines and accomplishing their assigned critical missions, and

2. Increasing the effectiveness and efficiency of critical business processes, and

3. Providing optimal professional development opportunities to the Federal workforce, and

4. Undertaking effective change management initiatives, and

5. Developing effective metrics to assess progress in carrying out human capital strategies, and

6. Maximizing the return on investment in training and development, human capital, and organizational performance improvements.

These three KSAs will enable HCaTS 8(a) to provide Federal agencies with a full range of customized solutions for training and development, human capital strategy, and organizational performance improvement requirements across the Federal government.

C.2 AUTHORITIES

The following list of authorities may be applicable at the task order level:

Chief Human Capital Officers Act of 2002

Executive Order 13111, Using Technology to Improve Training Opportunities for Federal

Government Employees

Section 508 of the Rehabilitation Act

Department of Defense Shareable Courseware Object Reference Model (SCORM)

5 CFR 250

Government Performance and Results (GPRA) Modernization Act of 2010 (GPRAMA)

Office of Management and Budget (OMB) Memorandum M-10-27

Office of Management and Budget (OMB) Circular A-11, Section 220

C.3 SUMMARY OF REQUIREMENTS

The objective of HCaTS 8(a) is to provide Federal agencies with a total integrated and customized solution for training and development services, human capital strategy services, and organizational performance improvement services at all levels (e.g., enterprise, unit, individual). Ultimately, solutions at the task order level should align with the principles of sound human capital management. Federal agencies have the flexibility to award task orders that encompass any and all

KSAs for any portion of their workforce at any organizational level. The KSAs identify general lifecycles and specific disciplines, however, these are not meant to be all inclusive and OCOs have the authority to define requirements and award task orders that meet their specific needs so long as the preponderance of the scope falls under the definition of one or more KSA(s).

C.3.1 KEY SERVICE AREAS (KSA)

C.3.1.1 KSA 1 (CUSTOMIZED TRAINING AND DEVELOPMENT SERVICES)

This KSA covers many types of customized training and development requirements and their respective lifecycles, which can be performed at any level (e.g., enterprise, unit, individual). The level of customization may vary dependent upon an ordering activity's requirements. While training and development requirements that are not customized are generally, by definition, considered to be outside the scope of this KSA, the HCaTS 8(a) CO reserves the right to permit consideration of limited customization efforts dependent upon the total solution required to meet a

Federal agency's needs. An OCO is highly encouraged to request guidance on scope from the HCaTS

PMO prior to task order solicitation/award to ensure a contemplated requirement is sufficient in its degree of customization to meet the requirements set forth herein and/or is appropriate for competition under HCaTS 8(a).

NOTE: Whether rendered during pre-award or during an HCaTS PMO audit after award of a task order, the HCaTS 8(a) CO’s within scope determination is final. All requirements that are determined to be outside the scope of the HCaTS 8(a) Contract shall not be included in a resultant task order. If the scope determination states that this KSA is not present, then the OCO shall not include it in the resulting task order or the Contractor in its reporting in CPRM. If the task order was already awarded, the OCO shall take all necessary corrective actions to comply with the HCaTS

8(a) CO's determination.

The scope of KSA 1 falls into two domains:

1. Customized Training Services: Includes, but is not limited to, training that is developed and/or delivered to any Federal employee to enhance knowledge, skills and abilities related to a specific title, series and/or function on any subject matter, or general knowledge, skills and abilities. Customized training services may also include, as part of training management support, such support services as course or instructional program administration. Customized training services may also include training that is developed and/or delivered to a Federal agency’s constituency(ies) as a means of enabling the agency to carry out its mission, and

2. Customized Employee Development Services: Includes, but is not limited to, services provided to any Federal employee to develop and/or enhance their general, mission-specific, management and/or leadership knowledge, skills and abilities. A service that is provided to any Federal employee to coach them throughout their transition(s) in the

Federal government.

Training and development services can be provided at any level for any discipline and subject matter in any format and mode. As a part of an integrated and total solution, temporary services as defined by FAR Section 37.112 and information technology products and services are allowable provided they are ancillary and incidental to the in-scope work to be performed.

The below model illustrates the overall scope of KSA 1:

C.3.1.2 KSA 2 (CUSTOMIZED HUMAN CAPITAL STRATEGY SERVICES)

This KSA covers many types of customized human capital strategy services and their respective lifecycles, which can be performed at any level (e.g., enterprise, unit, individual). The level of customization may vary dependent upon an ordering activity's requirements. While human capital strategy services that are not customized are generally, by definition, considered to be outside the scope of this KSA, the HCaTS 8(a) CO reserves the right to permit consideration of limited customization efforts dependent upon the total solution required to meet a Federal agency's needs.

An OCO is highly encouraged to request guidance on scope from the HCaTS PMO prior to task order solicitation/award to ensure a contemplated requirement is sufficient in its degree of customization to meet the requirements set forth herein and/or is appropriate for competition under HCaTS 8(a).

NOTE: Whether rendered during pre-award, or during an HCaTS PMO audit after award of a task determined to be outside the scope of the HCaTS 8(a) Contract shall not be included in a resultant task order. If the scope determination states that this KSA is not present, then the OCO shall not include it in the resulting task order or the Contractor in its reporting in CPRM. If the task order

The scope of KSA 2 is inclusive of, but not limited to, a broad range of human capital and human resources services. These services may include, as a part of talent management and human capital management, the following:

HR strategy

Organizational and position management

Staff acquisition

Performance management

Compensation management (excluding payroll)

HR Development

Employee relations

Labor relations

Separation management.

The scope of KSA 2 excludes payroll processing, benefits management, and personnel action processing, which are provided through Public and Private Shared Service Centers (SSCs).

Human capital strategy services can be provided at any level for any discipline and subject matter in any format and mode. As a part of an integrated and total solution, temporary services as defined by FAR Section 37.112 and information technology products and services are allowable provided they are ancillary and incidental to the in-scope work to be performed.

The below model illustrates the overall scope of KSA 2:

C.3.1.3 KSA 3 (CUSTOMIZED ORGANIZATION PERFORMANCE IMPROVEMENT)

This KSA covers many types of customized organizational performance improvement services and their respective lifecycles, which can be performed at any level (e.g., enterprise, unit, individual).

The level of customization may vary dependent upon an ordering activity's requirements. While organizational performance improvement services that are not customized are generally, by definition, considered to be outside the scope of this KSA, the HCaTS 8(a) CO reserves the right to permit consideration of limited customization efforts dependent upon the total solution required to meet a Federal agency's needs. An OCO is highly encouraged to request guidance on scope from the

HCaTS PMO prior to task order solicitation/award to ensure a contemplated requirement is sufficient in its degree of customization to meet the requirements set forth herein and/or is appropriate for competition under HCaTS 8(a).

NOTE: Whether rendered during pre-award, or during an HCaTS PMO audit after award of a task determined to be outside the scope of the HCaTS 8(a) Contract shall not be included in a resultant task order. If the scope determination states that this KSA is not present, then the OCO shall not include it in the resulting task order or the Contractor in its reporting in CPRM. If the task order

The scope of KSA 3 is inclusive of, but not limited to, improved performance requiring changes in how people are organized around business processes, changes to the processes themselves and the tools created to support those processes, as well as changes in management practices.

Customized Organizational Performance Improvement services can be provided at any level for any discipline and subject matter in any format and mode. As a part of an integrated and total solution, temporary services as defined by FAR Section 37.112 and information technology products and services are allowable provided they are ancillary and incidental to the in-scope work to be performed.

The below model illustrates the overall scope of KSA 3:

C.3.2 ANCILLARY SUPPORT SERVICES AND OTHER DIRECT COSTS

Ancillary support services and other direct costs are for task orders that complete work or a project that is solely associated with the services procured under HCaTS 8(a). These services are integral and necessary to complete a total, customized, integrated solution under a training and development, human capital, and/or organizational performance improvement requirement within the scope of HCaTS 8(a).

Ancillary support services may include, but are not limited to, other professional and/or non-professional services; commercial and/or non-commercial items; IT services and/or components, administrative support; data entry; and, subject matter expertise. Other direct costs may include expenses such as travel, materials, equipment and/or Subcontractors. See also Section B.3.

The OCO may allow and the Contractor may propose a labor category or labor categories at the task order level not identified in Attachment J.1 (Standardized Labor Categories), provided that the

Contractor complies with all applicable contract clauses and labor laws, including the Service

Contract Act, if applicable. See Section B.3 and B.3.1.

C.3.3 INFORMATION TECHNOLOGY (IT) AND NON-INFORMATION TECHNOLOGY PRODUCTS

AND SERVICES

Information Technology (IT), by legal definition, means any equipment, or interconnected system(s) or subsystem(s) of equipment that is used for the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by a Federal agency. For purposes of this definition, equipment is used by a Federal agency if the equipment is used by the Federal agency directly or is used by a Contractor under a task order with the Federal agency that require its use; or to a significant extent, its use in the performance of a service or the furnishing of a product.

IT is considered an ancillary support service or product on task orders and may be performed and/or provided only when the service or product is integral and necessary to complete a total integrated solution under a professional service based requirement within the scope of HCaTS 8(a).

When providing ancillary IT services and/or products, the Contractor shall promote IT initiatives and best practices that support Federal Government operational requirements for standardized technology and application service components. This shall facilitate integration requirements for broad Federal IT and E-Gov initiatives, as well as promote the sharing, consolidation, and re-use of business processes and systems across the Federal Government. The Contractor shall promote the use of open source solutions and open technology development where practicable to enable this re-use.

Non-IT includes any service or equipment that is acquired by a Contractor incidental to a task order or contains imbedded IT that is used as an integral part of the service or product, but the principal function of which is not the acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information.

Non-IT also includes any equipment or services related to any human capital/human resource systems. This means any information systems operated by the Federal Government, the function, operation or use of which involves direct relation to the area of human capital or human resources.

For example, a requirement to recommend strategic uses or enhancements to an existing IT system which tracks Government personnel engagement would be considered Non-IT. In this example, a

Federal agency awards a task order for a Contractor to provide it with a recommendation on what to do with an existing IT system used by Government personnel to track Government personnel engagement. The task order implementing this requirement may permit the Contractor to analyze and/or test the existing IT system and any systems it interfaces with. While this work may entail primary usage of IT labor categories, it is considered Non-IT for the purposes of HCaTS 8(a) as the end result is a recommendation and not the actual modifying of an existing or building a new IT system.

C.3.4 TEMPORARY SUPPORT SERVICES

Federal agencies may award task orders which include the brief or intermittent use of temporary labor provided that such use is ancillary and incidental to the work to be performed. Services furnished by temporary help firms shall not be regarded or treated as personal services. These services shall not be used in lieu of regular recruitment under civil service laws or to displace a

Federal employee. Acquisition of these services shall comply with the authority, criteria, and conditions of 5 CFR Part 300, Subpart E, Use of Private Sector Temporaries, and Federal agency procedures.

As prescribed in Section B.3.2., if the temporary services fall under the Service Contract Act, OCOs shall include the appropriate clauses as prescribed in FAR Subpart 22.10.

C.3.5 SERVICES NOT IN SCOPE

At no time shall an OCO award a task order and a Contractor perform inherently governmental functions in accordance with FAR Subpart 7.5 and Office of Federal Procurement Policy (OFPP)

Policy Letter 11-01.

Unless authorized by statute, at no time shall an OCO award a task order and a Contractor perform personal services in accordance with FAR Section 37.104. At no time shall an OCO award a task order and a Contractor perform architect & engineering (A&E) services as defined in FAR Section

2.101 and subject to the Brooks Architect-Engineers Act (40 U.S.C. 1102).

At no time shall an OCO award a task order and a Contractor perform a requirement that primarily uses employees not employed in a bona fide executive, administrative, or professional capacity as defined in 29 CFR Part 541 and/or employees primarily employed as labor or mechanics as defined in FAR Section 22.401.

At no time shall a task order include as its primary purpose ancillary services as defined in Section

C.3.2. At no time shall a task order include as its primary purpose the development of information technology as defined by FAR Section 2.101 and Section C.3.3. At no time shall a task order include as its primary purpose temporary services as defined by FAR Section 37.112 and Section C.3.4.

At no time shall an OCO award a task order and a Contractor provide a learning management system(s).

(END OF SECTION C)

SECTION D: PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

Packaging and marking of all deliverables shall conform to normal commercial packaging standards to assure safe delivery at destination. Terms, conditions, and other requirements regarding packaging and marking shall be designated by the OCO at the task order level.

(END OF SECTION D)

SECTION E: INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

Inspection and Acceptance of deliverables under HCaTS 8(a) contract and task orders are subject to the following clauses as applicable and additional requirements may be designated at the task order level.

FAR TITLE DATE

52.212-4(a) Contract Terms…