14 - Customer Ordering Guide

GSA Multiple Award Schedule (MAS) 736 Temporary, Administrative & Professional Staffing (TAPS) Ordering Guide

Table of Contents

1. Definitions

2. Categories of Services

3. Order Limitations

4. Conditions

5. Price Considerations

6. Small Business Size Standard

7. Certifications and Licenses

8. Order Placement

9. Payment

10. How to find and Verify Wage Determinations

1. Definitions

5 CFR 300.501 Definitions.

For purposes of this subpart:

A temporary help service firm is a private sector entity which quickly provides other organizations with specific services performed by its pool of employees, possessing the appropriate work skills, for brief or intermittent periods. The firm is the legally responsible employer and maintains that relationship during the time its employees are assigned to a client. The firm, not the ordering activity, recruits, tests, hires, trains, assigns, pays, provides benefits and leave to, and as necessary, addresses performance problems, disciplines, and terminates its employees. Among other employer obligations, the firm is responsible for payroll deductions and payment of income taxes, social security (FICA), unemployment insurance, and workers' compensation, and shall provide required liability insurance and bonding.

2. Categories of Services

SIN 736 1 TEMPORARY ADMINISTRATIVE, MANAGEMENT & CLERICAL

OCCUPATIONS (Including, but not limited to)

· This SIN is set aside for small business concerns only including, but not limited to the following occupational categories: Administrative Clerk, Accounting Clerk I-IV, Audit Clerk, Court Reporter, Motor Vehicle Dispatcher, Document Preparation Clerk, Messenger (Courier), Duplicating Machine Operator, Film/Tape Librarian, General Clerk I-IV, Housing Referral Assistant, Key Entry Operator I-II, Order Clerk I-II, Personnel Assistant (Employment) I-IV, Production Control Clerk, Rental Clerk, Secretary I-V (Clerical, Medical, Executive, Legal), Service Order Dispatcher, Stenographer I-II, Supply Technician, Switchboard Operator-Receptionist, Test Examiner, Test Proctor, Travel Clerk I-III, Word Processor I-III , Maintenance Scheduler, Survey Worker (Interviewer), Transcribing Machine Operator (Legal/Medical).

· Medical Billing/Transcription services may have line rates versus hourly rates (these services fall under 736-1). Rates are based on minimum required DOL components, including but not limited to, health and welfare and paid sick leave.

SIN 736 2 TEMPORARY AUTOMATIC DATA PROCESSING (IT) OCCUPATIONS

· This SIN is set aside for small business concerns only including, but not limited to the following occupational categories: Computer Data Librarian, Computer Operator I-V, Computer Programmer I-IV, Computer Systems Analyst I-III, Help Desk Technician, Peripheral Equipment Operator, Program Analyst, Software Tester, Web Support Technician.

SIN 736 3 TEMPORARY GENERAL, TRADE, FACILITY SERVICES AND SUPPORT

OCCUPATIONS

· This SIN is set aside for small business concerns only- MATERIALS HANDLING AND PACKING OCCUPATIONS, including but not limited to the following occupational categories: Forklift Operator, Janitor, Laborer, Grounds Maintenance, Logistics Management Specialist, Material Coordinator, Material Handling Laborer, Order Filler, Shipping/Receiving Clerk, Shipping Packer, Store Worker I, Stock Clerk (Shelf Stocker; Store Worker II), Tools and Parts Attendant, Warehouse Specialist

· MECHANICS AND MAINTENANCE AND REPAIR OCCUPATIONS, including, but not limited to the following occupational categories: Electrician, Maintenance, Electronics Technician, Maintenance I-III, General Maintenance Worker, Laborer, Machinery Maintenance Mechanic, Machinist, Maintenance Trades Helper, Pipefitter, Plumber.

SIN 736 4 TEMPORARY INFORMATION AND ARTS, EDUCATION AND TRAINING

OCCUPATIONS, INCLUDING MISCELLANEOUS OCCUPATIONS

· This SIN is set aside for small business concerns only - Including, but not limited to, the following occupational categories: Audiovisual Librarian, Illustrator I-II, Librarian, Library Technician, Photographer I-V, Public Affairs Officer, Instructor, Child Development I-III, Food Service Worker, Quality Assurance, Food Inspector, Cashier, Desk Clerk, Inspector, Lifeguard.

SIN 736 5 TEMPORARY TECHNICAL, SCIENTIFIC, LEGAL, MEDICAL, PROTECTIVE

AND PROFESSIONAL OCCUPATIONS (Including, but not limited to)

· This SIN is set aside for small business concerns only - Including, but not limited to, the following occupational categories: Accounting Support, Audit Support, Contracting Support (Contract Specialist/Administrator), Desktop Publisher, Financial Analyst, Librarian, Market-Research Analyst, Occupational Analyst, Personnel Analyst, Procurement Clerk, Program Analyst, Researcher, Real Estate Asst., CAD Illustrator, Drafter/Designer, Cartographic Technician, Computer Based Training (CBT), Specialist/Instructor, Civil Engineering Technician, Drafter I-IV, Engineering Technician I-VI, Environmental Technician, Graphic Artist (Designer), Paralegal/Legal Assistant I-IV, Instructor, Laboratory Technician (Laboratory Tester), Technical Writer, Construction Representative, QA/QC Inspector, Architect.

· Court Reporting services - Purchasing of labor category and if this labor results in a deliverable (i.e. report), a flat, one-time rate may apply. See “Critical Information for Schedule” in the solicitation for further description.

SIN 736 99 INTRODUCTION OF NEW LABOR CATEGORIES FOR TEMPORARY

SERVICES

· This SIN is set aside for small business concerns only - Includes any new occupational category(s), excluding health occupations and construction labor categories, which exists in the commercial market or one that is being developed, improved, or has not yet been introduced to the Federal Government. The new category(s) must not be currently available under any GSA contract and must be categorically related to this procurement program, i.e., temporary administrative, clerical, data processing, professional, and/or general support. Note: The occupational category must reflect a title used by the Government, as listed by DOL or the Office of Personnel Management.

For full SIN descriptions see GSA eLibrary. (https://www.gsaelibrary.gsa.gov/ElibMain/scheduleSummary.do?scheduleNumber=736)

3. Period of Performance

Task Orders and BPAs issued under temporary services may be for one year with one or more option years. Total period of performance can not exceed five years.

However, an agency may use a temporary help service firm(s) in a single situation, as defined in 5 CFR 300.504, initially for no more than 120 workdays. Provided the situation continues to exist beyond the initial 120 workdays, the agency may extend its use of temporary help services up to the maximum limit of 240 workdays.

An individual employee of any temporary help firm may work at a major organizational element (headquarters or field) of an agency for up to 120 workdays in a 24-month period. The 24-month period begins on the first day of assignment. An agency may make an exception for an individual to work up to a maximum of 240 workdays only when the agency has determined that using the services of the same individual for the same situation will prevent significant delay.

Per 29 CFR 4.104; the SCA applies to all work performed within the United States. The SCA does not apply to work performed in any other territory under the jurisdiction of the United States or any United States base or possession within a foreign country. Overseas employment of legal aliens is subject to a minimum 3 year waiting period in order for the legal alien to be eligible to be employed under a Temp Help contract. Ordering activities should consider, and probably anticipate the need to execute options based on a written justification need for services to continue.

Example: A Customer Agency has a task to close-out a very large amount of medical billings by end of the current fiscal year. To aid in this effort the agency has sought the services of several claims and billing clerks for an initial period of performance of 120 days.

The time limitation for the current temporary clerical task order is reaching its end, but the close-out effort still remains active and a priority. Since this requirement still remains, the agency may justify the extension of the period of performance with a new task order for an additional 120 days so that the mission of the agency is NOT interrupted and the goal is achieved.

4. Conditions for using private sector temporaries

5 CFR 300.503

An ordering activity may enter into a contract or other procurement arrangement with a temporary help service firm for the brief or intermittent use of the skills of private sector temporaries, when required, and may call for those services, subject to these conditions:

(a) One of the following short-term situations exists--

(1) An employee is absent for a temporary period because of a personal need including emergency, accident, illness, parental or family responsibilities, or mandatory jury service, but not including vacations or other circumstances which are not shown to be compelling in the judgment of the agency, or

(2) An ordering activity must carry out work for a temporary period which cannot be delayed in the judgment of the agency because of a critical need.

(b) The need cannot be met with current employees or through the direct appointment of temporary employees within the time available by the date, and for the duration of time, help is needed. At minimum, this should include an agency determination that there are no qualified candidates on the applicant supply file and on the reemployment priority list (both of which must provide preference for veterans), and no qualified disabled veterans with a compensable service-connected disability of 30 percent or more under 5 U.S.C. 3112, who are immediately available for temporary appointment of the duration required, and that employees cannot be reassigned or detailed without causing undue delay in their regular work. In instances where a need is foreseeable, as when approval of employee absence is requested well in advance, an ordering activity may have sufficient time to follow the temporary appointment recruiting requirements, including veterans' preference found in 5 CFR part 316 to determine whether qualified candidates are available by the date needed and for the length of service required.

(c) These services shall not be used:

(1) In lieu of the regular recruitment and hiring procedures under the civil service laws for permanent appointment in the competitive civil service, or

(4) In lieu of appointing a surplus or displaced Federal employee as required by 5 CFR part 330, subpart F (Agency Career Transition Assistance Plan for Displaced Employees) and subpart G (Interagency Career Transition Assistance Plan for Displaced Employees.)

[54 FR 3766, Jan. 25, 1989, as amended at 61 FR 19510, May 2, 1996; 66 FR 66710, Dec. 27, 2001]

Job descriptions cannot contain supervisory, leading and/or directing occupations. In general, Architectural and Construction jobs are excluded.

5. Price Considerations

GSA has negotiated professional labor rates in the contractors price list.

For non-professional labor rates, GSA has negotiated final markups to the prevailing labor rates in accordance with Department of Labor (DOL) Fair Labor Standard Act. At the task order level, the ordering activity must incorporate the prevailing wage rate of the locality where the preponderance of the work is being performed to determine the final price of the labor rate.

It is important to note that GSA price lists do not contain the prices for all localities and the vendor may have used a high average of nationwide rates in its GSA Schedule labor rate. Therefore it is imperative that the ordering activity check the Department of Labor (DOL) prevailing wage rate or contact the vendor directly for actual pricing at the order level.

Note: DOL changes/updates the underlying prevailing wage rates annually.

Final labor rates do not include overtime, which may be at a higher rate, if applicable.

6. Small Business Size Standard

All MAS 736 vendors are small businesses. If a business exceeds the SBA size standard ($27.5 million), they can maintain their small business designation until expiration of their GSA MAS contract. Upon expiration of their contract, the vendor may continue to the natural end date of the current customer’s issued task order but may not accept new orders after the GSA MAS contract’s expiration date.

7. Certifications and Licenses Ordering activities must identify any required licenses or certifications required as a condition of employment in their SOW (Statement of Work). The ordering activity may elect to have the vendor provide fully certified and/or licensed personnel. The vendor may adjust its pricing based upon the direct costs. This may be negotiated prior to award or at the Task Order Level. An example would be a requirement for temporary staff to have Top Secret Security Clearances or proof of Registered Nurse licensing from the State wherein services shall be provided.

8. Order Placement GSA recommends using GSA eBUY (ebuy.gsa.gov) to solicit quotes and issue task orders for temporary help against the GSA MAS contracts. At least three vendors should be selected and sent an RFQ. The Contracting Officer reviews responses and makes an award determination. Competition requirements are satisfied and potentially, socio-economic goals may be met.

Another option is to locate vendors via www.gsaadvantage.gov; the online buying tool. Enter keywords of the temporary service being sought or labor classification to identify vendors.

Orders may be placed directly with the Temporary Help vendor, if under the Micro Purchase Threshold, via purchase order or Government Purchase Card (GPC).

Minimum Order Threshold: $100 Maximum Order Threshold: $100,000 (GSA recommends you negotiate better pricing for orders exceeding the Maximum Order Threshold.)

Total Small Business Set-Aside

9. Payment Payments can be made by Government Purchase Card (GPC), Purchase Order or other ordering activity method. Payment for Temporary Services is 30 days ARO. CORs are urged to approve time cards and certify hours in a timely manner to avoid interest charges. Payments are subject to Prompt Payment Discounts, if any.

10. How to Find and Verify Wage Determinations:

· Go to http://www.wdol.gov

· Click on “Selecting SCA WDs” in the upper left

· Select the County, then State in the drop down boxes

· Click the “No” button on each of the next 2 questions

· The Wage Determination is at the bottom of the page, with a link to a text file to print/download

· All current WDs should be in the 2015-XXXX or 15-XXXX Series, and should end with an odd number

Note: You may sign up for Alert Service once you access the particular wage determination for the location you selected on the DOL website. The Alert Service will send you an email notification when a wage determination has been revised. This service is for a particular wage determination and not for all wage determinations.

Note: The revision number is the date the Wage Determination was revised For general questions, contact:

1. GSA National Customer Service Center

2. Phone: 1-800-488-3111

3. E-mail: mashelpdesk@gsa.gov or your local GSA Customer Service Director (gsa.gov/csd) image1.png