Attachment C - PWS RFQ 73351020Q0038.pdf

ATTACHMENT C

RFQ 73351020Q0038

Performance Work Statement (PWS) U.S. Small Business Administration (SBA), Office of Disaster Assistance (ODA)

Contractor Support Services to provide Ongoing Process Improvement Validation and Implementation

Non-Personal Services and Inherently Governmental Functions: Pursuant to FAR 37.1, no personal services shall be performed under this PSW. All work requirements shall flow only from the COR to the Contractor Project Manager. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable Contractor supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

1. INTRODUCTION/BACKGROUND

The U.S. Small Business Administration (SBA), Office of Disaster Assistance (ODA), requests contractor assistance with ongoing process improvement validation and implementation as a result of the completed After Action Report for the Agency’s response to the 2017 Hurricanes Harvey, Irma and Maria (HIM). In addition, ODA anticipates completing similar After-Action Reports for future large-scale disasters that may occur, and ODA is seeking contractor assistance with other process improvements identified during these reviews. The work will be specifically focused on the continuous review and validation of the improved processes post-HIM to ensure the Agency can respond to future large-scale disasters efficiently and effectively.

2. OBJECTIVE

The multi-disaster event collectively known as HIM, which occurred in August/September 2017, resulted in the Agency’s second-largest disaster to date, and triggered an unprecedented agency-wide response.

As a part of a previous contract, work was completed to reflect on the strengths and challenges encountered and collective feedback was obtained from a management offsite which was then used to document a HIM After Action Report. As a part of that effort, ODA also completed process mapping of the Administrative Services and Human Resources functions. Process mapping is a way to diagram how work is performed. The map is a diagram that includes steps and products, or things created or transformed by the steps. ODA’s purpose in mapping the processes is to document how work is done, promote process understanding, and identify problem areas such as inefficiencies, redundancies, and unnecessary steps, as well as opportunities for improvement. The outcome is to improve or redesign the processes as necessary. “As is” process maps were created to document how work is done which identified problem areas such as inefficiencies, redundancies, or unnecessary steps, as well as opportunities for improvement. Re-designed “To be” process maps were developed to reflect removal of redundancies and inefficiencies for a more streamlined process. In addition, Process Improvement Implementation Plans were completed which contain specific actions that, once executed, will improve the response effort for future disasters. The specific processes that were mapped were as follows:

Administrative Services Human Resources Travel Arrangements Recruitment Travel Vouchers On-Boarding Travel Authorizations Out-Processing Travel Credit Card Activation/Deactivation Asset Management Surge Planning Time and Attendance SF-52 Process Suitability

Performance Work Statement (PWS) U.S. Small Business Administration (SBA), Office of Disaster Assistance (ODA)

3. TASKS

SBA’s Office of Disaster Assistance (ODA) is responsible for rapidly responding to the financial needs of many different types of entities during times of declared disasters, and for this reason the agency’s priorities, responsibilities, and duties are very dynamic in nature. It is for these reasons that throughout performance of this effort, the Contractor must remain fluid with the ability to adapt, sometimes with little notice, in order support the agency during times of disaster response.

3.1. VALIDATE PROCESS MAPS

Ongoing validation of the work completed is necessary to ensure future disaster response efforts continue to be efficient and effective. ODA requires a contractor to review the completed process maps to validate they accurately reflect the processes in place. The objectives are to:

Ascertain whether processes are working as designed Obtain feedback on the process (what is working well and what is not working well) Identify additional opportunities for further improvement

3.1.1. It is expected that the contractor will accomplish these objectives by performing the following:

Facilitating sessions with subject matter experts (SME) in each process area Develop requirements documents or business cases for executive approval, as needed, to reflect new information technology systems, or use of automation for future improvements and other identified opportunities for improvement

3.2. UPDATE PROCESS MAPS AND IDENTIFY DOCUMENTATION TO UPDATE

Based on feedback during the validation phase, process maps may require updates. ODA requires a contractor to perform the following:

Update process maps to reflect identified changes Review all accompanying documentation for any needed updates Identify all relevant documentation that needs to be updated to align with new process maps to reflect identified changes.

3.3. IMPLEMENT PROCESS CHANGES AND UPDATE COLLATERAL DOCUMENTATION

As a follow on from the previous phase, the contractor is required to:

Develop implementation plans for new initiatives or processes to implement.

Implementation plans will include specific tasks or steps to take, identify leads to complete the task, and expected completion date for the task

3.3.1. Assist in the completion of implementation plan tasks for future improvements to include:

Facilitating team meetings Documenting meeting minutes Providing support in the development and completion of the deliverables identified during this process

3.4. IMPLEMENT IMPROVEMENTS FROM FUTURE AFTER-ACTION REPORTS

Review feedback and recommendations for improvements that may result from an After-Action Report for ODA’s response to future large-scale disasters, as needed. Specific steps would include:

Map current processes as necessary to develop “as is” model.

Performance Work Statement (PWS) U.S. Small Business Administration (SBA), Office of Disaster Assistance (ODA)

Contractor Support Services to provide Ongoing Process Improvement Validation and Implementation

Map processes for the “to be” model that incorporate efficiencies and remove redundancies and unnecessary steps.

Develop list of improvements to obtain approval for implementation.

Develop implementation plans for approved improvements, new initiatives or processes to implement. Implementation plans will include specific tasks or steps to take, identify leads to complete the task, and expected completion date for the task

3.4.1. Assist in the completion of implementation plan tasks for future improvements to include:

Facilitating team meetings Documenting meeting minutes Providing support in the development and completion of the deliverables identified during this process

3.4.2. The work may be completed in any one of the process areas within ODA (not necessarily in Administrative Services and Human Resources) as a need is identified. Other process areas may include, but are not limited to loss verification, loan processing, loan closing, and loan disbursement, field operations, public information, call center, etc.

3.5. PROJECT MANAGEMENT SUPPORT

In addition to the specific tasks described above regarding process improvements validation, the contractor will also be required to provide ongoing project management support including, but not limited to the following tasks:

Develop and manage a detailed project schedule in conjunction with the approved implementation plan

Track issues encountered during the contract period and work with the COR to resolve Compile and maintain weekly status reports used for executive briefings Compile and maintain monthly status reports to accompany invoices Prepare presentations to management, as needed Prepare packages for Executive Team approval (to include business cases or specific deliverables) and document approval discussions Manage the project repository of contract deliverables Prepare close out report(s)

4. DELIVERABLES

The Contractor understands the Due Dates listed in the table below may change based on the needs of the Government.

The Contractor shall provide the deliverable(s) in a format mutually agreed upon by the Government and Contractor, to include the following:

PWS para Description Due Date

3.1 a. Lessons Learned: Compiled lessons learned (what works/doesn’t work) No later than 6 weeks after award date

b. Identified Improvements: List of improvements for approval

c. Approved Improvements: List of approved improvements

3.2 a. Validated Process Maps: Updated maps based on feedback No later than 3 months after award date

b. Process Documentation List: List of any process documents approved for update

Performance Work Statement (PWS) U.S. Small Business Administration (SBA), Office of Disaster Assistance (ODA)

Contractor Support Services to provide Ongoing Process Improvement Validation and Implementation

3.3 a. Implementation plans: Tasks, leads, and deliverables/work products related to the outcome of the process map validation.

No later than 6 months after award date

3.4 a. Updated documentation: Updated documentation based on revised processes No later than 1 month prior to end of the award (current period)

3.4 a. “As Is” process map: Map of current process No later than 1 month prior to end of the award (current period)

b. “To Be” process map: Map of improved process

c. Approved improvements: List of improvements for approval

d. Implementation plans: Tasks, leads, and deliverables/work products related to the outcome of the implementation

3.5 a. Project Schedule: Schedule for project tasks Dynamic tasks with due dates as directed by COR

b. Project Issues Log: Log containing issues, resolution, etc.

c. Weekly Project Status Updates: Updates to projects and status for discussion during weekly status meetings

d. Monthly Project Status Reports: Work completed for invoice support documentation

e. Process Mapping Validation Work Products: Documents produced from team meetings/calls, etc. to complete tasks in the Implementation Plan

f. Management Presentations (as needed): PowerPoint or other materials used for presentation purposes

g. Approval Packages (as needed): Cover memos, business cases and other documents submitted for Executive Team approval.

h. Project Repository: List of approved final deliverables

i. Close Out Report: Final approved documents/deliverables from completed tasks in the Implementation Plan

37 a. Service Contract Reporting, FAR clause 52.204-14 Not later than 31 October for the preceding fiscal year

5. PERFORMANCE REQUIREMENTS SUMMARY (PRS)

The Contractor will be expected to complete ongoing validation of the work by reviewing and validating the current process maps to ensure they accurately represent the processes in place. In addition, the Contractor will develop implementation plans including any sub-tasks and other requirements documents as needed for any new process steps identified and support the completion of those tasks through facilitation and documentation. The Contractor will also be expected to perform project management support to include maintaining an issues log, project repository and participate in executive briefings.

Performance Objective

Standard/Performance Threshold

Method of Surveillance

Incentives/Disincentives

Develop and submit all required deliverables

Performance is acceptable when:

100% of deliverable requirements are met and received on time

100% surveillance Positive/Negative past performance information entered into CPARS and/or

Performance Work Statement (PWS) U.S. Small Business Administration (SBA), Office of Disaster Assistance (ODA)

Contractor Support Services to provide Ongoing Process Improvement Validation and Implementation

AND

Critical information is accurate.

Government’s discretion to exercise upcoming options.

Staffing Performance is acceptable when:

75% of the time qualified personnel are provided to meet surge/growth support within 30 business days;

100% of the time qualified personnel are provided to meet surge/growth support within 45 business days

100% surveillance Positive/Negative past performance information entered into CPARS and/or Government’s discretion to exercise upcoming options.

Provide qualified personnel at start of award

Performance is acceptable when:

Qualified key personnel are on the job at start of award unless previously negotiated by the CO/COR.

All assigned contractor personnel shall be on-site no later than 30 days after award (or end of transition period, if applicable)

AND

The mission is not impacted due to position vacancies or personnel qualifications

Customer complaint

Positive/Negative past performance information entered into CPARS and/or Government’s discretion to exercise upcoming options.

Technical and Schedule Management Report

Performance is acceptable when:

There are zero late submissions for annual tasks AND There are no more than one late monthly status report per year

100% surveillance Positive/Negative past performance information entered into CPARS and/or Government’s discretion to exercise upcoming options.

Management of contract costs

Performance is acceptable when award ceiling is not exceeded (unless executed by Government)

100% surveillance Positive/Negative past performance information entered into CPARS and/or Government’s discretion to exercise upcoming options.

Service Contract Reporting, FAR 52.204-14

Contractor must complete required report in a timely manner once annually in

SAM

100% surveillance Positive/Negative past performance information entered into CPARS and/or Government’s discretion to

Performance Work Statement (PWS) U.S. Small Business Administration (SBA), Office of Disaster Assistance (ODA)

Contractor Support Services to provide Ongoing Process Improvement Validation and Implementation exercise upcoming options.

Note: The government reserves the right to inspect or test services that have been tendered for acceptance.

The government may require performance of any nonconforming services at no increase in contract price.

If performance will not correct the performance issue or is not possible, the government may seek an equitable price reduction or contractual processes will begin to terminate the contract. Past performance history will be reported in Contractor Performance Assessment Reporting System (CPARS) to reflect satisfactory or unsatisfactory performance.

6. QUALITY ASSURANCE

The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards.

7. CONTRACTOR QUALITY CONTROL PLAN (QCP)

The Contractor’s Proposed QCP shall be submitted to the CO and COR within 30 days of initial contract award date. The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with (IAW) 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 it assures that the work provided complies with the requirements of the contract.

7.1 At a minimum, the QCP must include and answer the following to be acceptable:

a. A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Contractor's Quality Control Team.

b. How will the Contractor monitor work to ensure that performance complies with all deliverables (etc. timelines, deadlines, and goals)?

c. How will the Contractor monitor work to ensure that performance complies with all specifications and requirements of the contract, including clauses?

d. How will the Contractor monitor and ensure staff qualifications remain current and valid throughout contract performance?

e. How will the Contractor identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future?

f. How will the Contractor file and save all Quality Control related documents for the life of the contract plus 5 years?

g. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the COR no later than 30 days prior to the anticipated change and before implementation by the Contractor (Deliverable table). The timeline noted above will apply for review and acceptance for proposed changes.

8. PERIOD OF PERFORMANCE

The period of performance will consist of a 12-month base period from date of award with three 12-month option year periods.

Performance Work Statement (PWS) U.S. Small Business Administration (SBA), Office of Disaster Assistance (ODA)

The following is provided for informational purposes based on the most recent information available:

The U.S. holidays are:

New Year's Day 01 January Martin Luther King, Jr. Memorial Day 3rd Monday in January Presidents' Day 3rd Monday in February Memorial Day last Monday in May Independence Day 04 July Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans' Day 11 November Thanksgiving Day 4th Thursday in November Christmas Day 25 December

Any other day/time designated by Federal statute, executive order, or Presidential Proclamation. Adverse weather conditions or national emergencies may require office closure.

9. CONTINUITY OF OPERATIONS (COOP) / GOVERNMENT FURLOUGH

If government personnel are furloughed the Contractor shall contact the CO or the COR to receive direction. The Government shall not be liable for costs associated with furloughs as the result of a sovereign act of the government – acts of the executive or legislative branch in an official capacity that are public and general in nature and do not target the contract specifically – to include closure or restricted access to government facilities, lack of necessary supervision, control, review or approval of contractor performance. Generally, the following situations apply:

Contractor personnel able to continue contract performance shall continue to work.

Contractor personnel not able to continue contract performance may be asked to cease their work effort. While the Government shall not be liable for additional costs related to sovereign acts, the contractor may be entitled to an excusable delay.

10. PLACE OF PERFORMANCE

It is anticipated the majority of the work will be performed at the contractor’s facilities; however, it may be necessary to conduct work in any of the SBA Disaster Centers or SBA Headquarters, depending on the tasks identified.

11. CONTRACTOR TRAVEL

Travel may be required to the Headquarters office or to any one of the ODA offices in Herndon, VA;

Buffalo, NY; Atlanta, GA; Fort Worth, TX; or Sacramento, CA. Travel shall be reimbursed in accordance with FAR 31.205-46 and the Federal Travel Regulation (FTR). Travel information can be found on GSA’s travel website (https://www.gsa.gov/travel-resources). All travel requires prior written authorization from the COR. Contractor shall not incur any obligations for travel without prior written authorization. Contractor shall seek lodging at the Government rate to the maximum extent practicable.

Contractor will not be reimbursed costs in excess of the Government lodging rate without receiving prior approval of the Contracting Officer and COR. The purchase order serves as the Contractor’s identification for obtaining Government rates in direct support of this effort. If the Contractor cannot determine whether a cost is allowable or unallowable for reimbursement, the Contracting Officer shall be contacted prior to

Performance Work Statement (PWS) U.S. Small Business Administration (SBA), Office of Disaster Assistance (ODA)

Contractor Support Services to provide Ongoing Process Improvement Validation and Implementation incurring any obligations. If travel becomes necessary during performance of this contract, funding from the contract ceiling amount will be utilized.

Travel receipts/invoices. Receipts & invoices submitted for reimbursement of travel costs must include the name of the traveler, travel itinerary, purpose of travel (event, exercise, workshop, etc), receipts for airfare or other means of transportation, hotel, rental car, and any other expense, and any other documentation requested by the Contracting Officer. Any charges that do not require a receipt (normally under $75) must be documented to show the purpose of the reimbursement request; e.g.: parking, mileage, authorized daily per diem, etc., and the exact cost of the charge. A copy of the Government approved travel request should be attached for reference. Documentation must be provided for ALL travel, including subcontractor travel billed to the Government. Fees or profit are an unallowable cost for travel expenses.

12. CEILING PRICE

The estimated labor hours and total price per labor category are for budgeting purposes only. The number of labor hours actually incurred for each labor category may, or may not, exceed the estimates as long as the ceiling price of the contract is not exceeded. The contract ceiling price (fully funded contract amount) is listed in the SF1449 award document. The Government shall not be required to indemnify the Contractor for any amount in excess of the contract ceiling price, nor is the Contractor obligated to continue performance if to doing so would exceed the ceiling price. Should the Government choose to exercise any of the options, any funds remaining from the previous period may not be used, or rolled over, to fund services in the new period. The ceiling price may be modified by the Government if it is determined that the estimated hours or estimated materials are insufficient for the work required.

13. REMAINING FUNDS NOTIFICATION (LABOR HOUR CONTRACTS)

The Contractor shall notify the Contracting Officer and COR, in writing and within ten (10) calendar days, when costs incurred exceed 75% of the obligated funds. At no time shall the Contractor accrue costs in excess of the amount funded (ceiling amount) for this effort. Any work performed in excess of the funded contract amount is at the Contractor’s own risk.

14. PRODUCTIVE DIRECT LABOR HOURS

The contractor can only charge the Government for “Productive Direct Labor Hours.” Productive direct labor hours (including subcontractor labor hours) are defined as hours expended by contractor personnel in performing work under this effort. This does not include sick leave, vacation, government or contractor holidays, jury duty, military leave, or any other kind of administrative leave such as acts of God (i.e.

hurricanes, snowstorms, tornadoes, etc.) Presidential funerals or any other unexpected government closures.

15. CONSIDERATION AND PAYMENT FOR LABOR HOUR CONTRACTS

In consideration of satisfactory performance of the work as described for this effort; the Contractor shall be paid in accordance with the fixed loaded hourly rates for the contract labor categories based on the number of actual productive direct labor hours incurred in the performance of the work specified herein.

Performance Work Statement (PWS) U.S. Small Business Administration (SBA), Office of Disaster Assistance (ODA)

Contractor Support Services to provide Ongoing Process Improvement Validation and Implementation

Fully loaded rates are all inclusive of direct labor, fringe benefits, applicable indirect costs, and any profit for each labor category. Invoices submitted by the Contractor shall be verified by the Contracting Officer’s Representative (COR) of services provided during the applicable reporting/billing period.

Invoices shall be submitted not less than monthly and must comply with SBA specific invoicing instructions listed in the award or payment may be delayed.

16. TIMESHEETS

Payment for performance of this effort must be supported by personnel activity reports (timesheets). The Contractor shall provide copies of the certified timesheets for each employee as an attachment to every invoice. The Government will utilize the timesheets as part of the invoice verification process. The Contractor shall be reimbursed up to the award ceiling for actual hours worked.

16.1 Timesheets must reflect the following -

a. Timesheets must be maintained by all personnel whose compensation in whole, or in part, is chargeable to this effort.

b. Timesheets must reflect an after-the-fact determination of actual activity (not budgeted) of each employee.

c. Each timesheet must account for employees’ total time.

d. Timesheets must indicate a total number of hours worked each day.

e. Timesheets must be signed by an employee and approved by a supervisor.

f. Timesheets must be prepared not less than monthly.

17. OVERTIME

Overtime may be required for this effort. Overtime hours must be approved in advance, and in writing, by the COR. Overtime requests shall be submitted by the contractor via email to the COR. The requirement for advance notice of overtime requests may be waived, as determined by the COR, during times of a declared disaster.

18. GOVERNMENT ACCESS TO RECORDS

IAW FAR clause 52.212-4(i)(4), alternate I – Access to records, at any time before final payment, the government will have access to “Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices and the employee met the specifications for the labor categories for which they have been billed.”

19. ADDITIONAL COSTS

a. Other Direct Costs. Other than travel as specified in paragraph 11, incidental services for which there is not a labor category specified in the contract are not reimbursable by the Government.

b. Indirect Costs. Indirect costs such as material handling, subcontract administration, etc., are not reimbursable by the Government.

20. DEPARTMENT OF LABOR WAGE DETERMINATIONS

It is anticipated, but not determined, labor categories proposed for this effort will be classified as

Performance Work Statement (PWS) U.S. Small Business Administration (SBA), Office of Disaster Assistance (ODA)

Contractor Support Services to provide Ongoing Process Improvement Validation and Implementation

Professional and therefore exempt from the Service Contract Labor Hour requirements. However, the Contractor is responsible for making this determination and, as required, the applicable Department of Labor Service Contract Act Wage Determinations shall be incorporated into the contract. Department of Labor Service Contract Act Wage Determinations are applicable to the location where the preponderance of work will occur.

21. KEY PERSONNEL DEFINITION

Certain skilled experienced professional and / or technical personnel are essential for accomplishing the work to be performed. These individuals are defined as “Key Personnel” and are those persons whose resumes were submitted and marked by the vendor as key personnel. No substitutions shall be made of accepted key personnel except for sudden illness or death or termination of employment. Substitutions shall only be accepted if in compliance with the substitution of key personnel provision identified below.

22. KEY PERSONNEL DESIGNATION

The Contractor shall provide a Program or Project Manager (PM). The Contractor’s Program or Project Manager is designated as a key person. The PM shall be the primary technical and managerial interface between the contractor, the CO, and the COR. The PM shall have full authority to act for the contractor on all contract matters relating to daily operations. The Contractor may designate an alternate manager in accordance with the key personnel substitution requirements detailed below.

23. KEY PERSONNEL SUBSTITUTION

All contractor requests for approval of substitution or replacement of key personnel shall be submitted in writing to the COR and the CO at least 14 calendar days in advance of the effective date, whenever possible, and shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute, and any other information requested by the Contracting Officer necessary to approve or disapprove the proposed substitution. The COR and the Contracting Officer will evaluate such requests and promptly notify the contractor of approval or disapproval in writing.

24. EMPLOYMENT ELIGABILITY VERIFICATION (E-VERIFY PROGRAM)

IAW FAR clause 52.222-54, the Contractor must pre‐screen Candidates using the E‐verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E‐verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 5 business days after the initial contract award and for any substitutions thereafter.

25. IDENTIFICATION OF CONTRACTOR PERSONNEL

All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials.

The Contractor shall ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

Performance Work Statement (PWS) U.S. Small Business Administration (SBA), Office of Disaster Assistance (ODA)

Contractor Support Services to provide Ongoing Process Improvement Validation and Implementation

26. CONTRACTOR SUPERVISION

The Contractor shall provide total supervision of its staff. Government personnel are not authorized or permitted to supervise any Contractor personnel. The Contractor's PM for this contract shall communicate with the CO and COR to determine the Government's work requirements as set forth in the Statement of Work and shall assure that these requirements are fulfilled. In the event the designed PM is incapacitated due to illness or injury or otherwise is to be removed by the contractor during the contract performance, replacement of the incumbent PM shall be subject to the approval of the CO and COR.

27. RESTRICTIONS AND STANDARDS OF CONDUCT

The Contractor's employees shall only conduct business covered by this contract during periods paid for by the Government. The Contractor shall not conduct any other business while charging to the contract.

The contractor shall be responsible for managing and overseeing the activities of all contractor personnel, as well as subcontractors used in performance of this effort. The contractor's management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support, performed in accordance with the requirements contained in the statement of work.

Contractor personnel shall be professional in demeanor, responsiveness, appearance and deportment. The contractor personnel may be required to interface with senior Government and Industry officials in a supporting role to the SBA personnel. Contractor personnel shall have excellent written and oral communications skills sufficient to provide clear and concise communication and documentation.

An integral part of successful performance under this contract is not only the production of quality work products, but also the responsiveness of contractor personnel to the day-to-day performance and administration of assigned workload. While an end product or deliverable is vital to successful performance, day-to-day activities also include client interaction and responsiveness. Accordingly, the contractor shall be proactive in accomplishing assigned tasks and be responsive to all entities with business dealings related to the assigned tasks. For any work that was determined by the Government to be late, incomplete, or unsatisfactory, the contractor shall take necessary action to ensure that future performance conforms to contract requirements.

28. CONTRACTOR TO CONTRACTOR CONFLUENCE

The Contractor and/or his subcontractors may be required as part of the performance of this contract to work with other Contractors supporting the Government. Such other Contractors shall not direct this Contractor and/or their subcontractors in any manner. Also, the Contractor and/or their subcontractors shall not direct the work of other Contractors in any manner.

The Government shall establish an initial contact between the Contractor and other Contractors and shall participate in an initial meeting at which the conventions for the scheduling and conduct of future meetings/contacts will be established. Any CORs of other efforts shall be included in any establishment of conventions.

29. CONFIDENTIALITY AND RIGHTS IN DATA

All information regarding the procedures and or work products developed under this effort must be regarded as sensitive information by the contractor and must not be disclosed to anyone outside the contractor’s organization who have a need-to-know without the written permission of the Contracting Officer.

Performance Work Statement (PWS) U.S. Small Business Administration (SBA), Office of Disaster Assistance (ODA)

Contractor Support Services to provide Ongoing Process Improvement Validation and Implementation

a. Disclosure of Information. Information made available to the contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer (CO).

If non-public information is provided to the contractor for use in performance or administration of this effort, the contractor except with the written permission of the Contracting Officer may not use such information for any other purpose. If the contractor is uncertain about the availability or proposed use of information provided for the performance or administration, the contractor shall consult with the COR regarding use of that information for other purposes.

b. Limited Use of Data. Performance of this effort may require the contractor to access and use data and information proprietary to a government agency or government contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

Contractor personnel shall not divulge, or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorized government personnel or upon written approval of the CO. The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner which provides for greater rights to the contractor. All data received, processed, evaluated, loaded, and/or created as a result of this effort shall remain the sole property of the Government unless specific written exception is granted by the Contracting Officer.

c. Non-Disclosure Agreement. All contractor employees may be required sign and submit a copy of a Non-Disclosure Agreement. Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. The Contractor and Contractor personnel shall not divulge or release data or information developed, or obtained under performance of this PWS, except to authorize Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, and 5 United States Code (U.S.C.) Section 552a.

30. RELEASE OF INFORMATION

No news release (including photographs and films, public announcements, denial or confirmation of same) on any part of the subject matter of this effort or any phase of any program hereunder shall be made without the prior written approval of the Contracting Officer.

The Contractor is prohibited from releasing to any source, other than the sponsoring activity, any interim, draft and final reports or information pertaining to services performed under this contract until report approval or official review has been obtained. Furthermore, the Contractor shall insure that the cover of all interim, draft and final reports contain the following statement: "The view, opinions, or findings contained in this report are those of the author(s) and should not be construed as an official Government position, policy or decision, unless so designated by other documentation."

Performance Work Statement (PWS) U.S. Small Business Administration (SBA), Office of Disaster Assistance (ODA)

There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this effort without prior written approval from the Contracting Officer.

Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each Contractor or employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

31. POST AWARD CONFERENCE/PERIODIC PROGRESS MEETINGS

The Contractor shall attend any post award conference convened by the Government. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

32. PHYSICAL SECURITY

The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured in accordance with local policy.

33. ESTIMATED QUANTITIES

The Contracting Officer reserves the right to vary the number of personnel within the labor categories, not to exceed the award ceiling. Required labor categories will be provided based on fluctuating needs.

Additional positions may be added, discontinued, or modified based on changes in workload and project activities for temporary or long-term needs. Such adjustments to contractor positions will be made through modification. The Government is not required to give advance notice for positions that are discontinued based on changes in workload and project activities.

34. GOVERNMENT FURNISHED PROPERY (GFP/E)

At this time, no government-furnished property is anticipated or required.

35. GOVERNMENT FURNISHED INFORMATION (GFI)

Government information, such as manuals, process maps and disaster-related information will be provided to contractors to assist with the development of the deliverables.

36. PRIVACY & PERSONALLY IDENTIFIABLE INFORMATION (PII)

Performance Work Statement (PWS) U.S. Small Business Administration (SBA), Office of Disaster Assistance (ODA)

Contractor Support Services to provide Ongoing Process Improvement Validation and Implementation

At this time, the Contractor is not expected to handle, or have access to, personally identifiable information (PII) for this requirement. However, the Contractor is expected to be familiar with the Privacy Act and adhere to all requirements for protection of privacy at all times during performance of this contract. If at any time during performance of this contract should it become necessary for the Contractor to have access to PII, Contractors are responsible for ensuring that initial privacy training, and annual privacy training thereafter are completed. A modification to the contract with additional requirements for handling PII will be executed.

37. SERVICE CONTRACT REPORTING REQUIREMENTS

The Contractor must complete Service Contract Reports not later than 31 October for the preceding fiscal year. The Contractor shall complete and submit Service Contract Reports in your SAM user account during the annual reporting period (normally opens 10 October and closes 31 October). Please log into SAM during the reporting period (if necessary, confirm the reporting timeline with the CO) and select the ‘Entity Registrations’ link. Then select the ‘Service Contract Reporting (SCR)’ link. You will see a list of entities by DUNS Number which have actions meeting the minimum criteria for service contract reporting in accordance FAR Subpart 4.1703. Select View to pick the entity for which you need to submit service contract information.

NOTE: The ‘Service Contract Reporting (SCR)’ link will not be available outside of the reporting period.

38. AUTHORITY TO OBLIGATE THE GOVERNMENT

38.1. The CO is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work delivered under this contract.

38.2. The CO shall designate a COR by written notice to the Contractor. The COR’s responsibilities shall include technical monitoring of the Contractor’s performance and inspecting and accepting deliveries under the contract.

38.3. The COR is not authorized to perform, formally or informally, any of the following actions:

a. Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

b. Waive or agree to any modification of the delivery schedule;

c. Make any final decision on any contract matter subject to the Disputes Clause;

d. Terminate, for any reason, the Contractor’s right to proceed, or issue any order causing the Contractor to stop work; or

e. Obligate in any way, the payment of money by the Government.

38.4. The Contractor shall comply with the written or oral direction of the CO or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction they consider having been issued without proper authority. The Contractor shall notify the CO in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) the Contractor considers having exceeded the COR appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the CO’s response issued under paragraph (e) of this clause.

Performance Work Statement (PWS) U.S. Small Business Administration (SBA), Office of Disaster Assistance (ODA)

Contractor Support Services to provide Ongoing Process Improvement Validation and Implementation

38.5. The CO shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

38.6. Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the CO, or the COR acting within their appointment, shall be at the Contractor’s risk.

39. PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

40. PERSONNEL SECURITY & INFORMATION TECHNOLOGY ACCESS

Access to Government information technology systems is not contemplated at this time. However, should access be required during performance of this effort, the Contractor shall follow the SBA’s existing clearance requirements for personal identity verification. Routine contractor physical access to a Federally controlled facility may be required to conduct meetings, process mapping validation activities, etc.

41. SECTION 508 COMPLIANCE REQUIREMENTS

Any/all electronic and information technology procured through this effort must meet the applicable accessibility standards at 36 CFR 1194. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www.section508.gov.

42. ORGANIZATIONAL CONFLICT OF INTEREST

The effort to be performed by the contractor under this effort includes consultation and program (advisory & assistance) management services. Consequently, performance of this contract creates potential organizational conflicts of interest such as are contemplated by Federal Acquisition Regulation (FAR)

9.505. It is the intention of the parties that the contractor will not engage in any other contractual or other activities which could create an organizational conflict of interest with its position under this task order;

which might impair its ability to render unbiased advice and recommendations; or in which it may derive an unfair competitive advantage as a result of knowledge, information, and experience gained during the performance of this task order. The contractor shall not employ any person who is an employee of the United States Government if that employment would, or could appear to, cause a conflict of interest.

Concerns involving any conflicts of interest may require vetting through a Government ethics official.