B04 - 73351021Q0075 Att 4 Instruction to Offerors.pdf

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Solicitation Number: 73351021Q0075 Solicitation Issue Date: 26 August 2021 Response Deadline: 06 September 2021 at 5:00pm Eastern Time (ET) Contracting Office: U.S. Small Business Administration, Office of the Chief Financial Operations and Acquisitions Management (OFOAM), 721 19th St, Denver, CO 80202 Point of Contact (POC): Laura Saddison (Laura.Saddison@sba.gov)

General Information:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as applicable, and supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

73351021Q0075 is being issued as a request for quote (RFQ). The SBA seeks a Single-award Blanket Purchase Agreement (BPA) for this effort.

The solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2021- 06, effective 12 July 2021.

This is NOT a total small business set aside. The North American Industry Size Classification System (NAICS) code associated with this requirement is 561450 Credit Bureaus. The small business size standard is $16.5M. The Product Service Code is R611 – Support Administrative: Credit Reporting.

This notice does not obligate the Government to award a contract; it does not restrict the Government’s ultimate approach; nor does it obligate the Government to pay for any quote preparation costs.

Requirement Information:

SBA’s Office of Financial Program Operations (OFPO) a division of the Office of Capital Access (OCA) seeks a single-award BPA to with a qualified vendor or reseller to provide name-brand credit and reporting and scoring services in accordance with the attached Statement of Work (SOW).

SBA requires the use of FICO SBSS scores, Experian consumer data and reporting and Dun & Bradstreet commercial data and reporting to assist in the underwriting of small business loans to potential SBA applicants and support disaster loan program servicing and liquidation transactions. Most specifically, the information is used for both underwriting the SBA loan in addition to managing the vast SBA portfolio.

The information that is required is specific to small businesses and its owners as well as individuals and businesses applying for commercial and disaster loans. SBA requires information on small businesses and business owners to include a risk category score and supplemental credit background data. These analogous credit scores must be retrieved during the origination of its loan portfolio through the Liquid Credit scoring system, which is generated for SBA through a small business risk model using integrated data from major consumer reporting agencies and business credit bureaus. SBA uses these reports to enable a more accurate statistical analysis and data comparisons that flow to numerous applications (i.e.

setting the credit score parameters for new programs, projecting portfolio trends that have an impact on SBA’s subsidy rate).

The contractor will provide electronic access to the databases and scoring functionality so the end user can identify all related records associated with the requested data. Contractor’s database must be maintained current and available to end users to provide the latest business information and data, including risk assessments and ratings. SBA will need to access the information and associated data in order to identify all related members of any corporate family. The contractor will provide the prospecting

R F Q : 7 3 3 5 1 0 2 1 Q 0 0 7 5 P a g e 2 | 3 record profile, plus electronic access to any data fields needed. All reports should be stored online and available for 6 months. The contractor will electronically deliver one copy of the data to the SBA upon completion. The data will consist of services and/or information required by the SBA. Credit scoring services must align with current SBA loan origination policy.

SECTION A - BPA GENERAL TERMS AND CONDITIONS

1. Purpose of BPA. This single-award Blanket Purchase Agreement (BPA) establishes the terms and conditions applicable to orders awarded against it. It does not bind the Government to the future award of any order at any dollar value. Any order awarded against this BPA shall generally be for services described in section 2, below. Specific items, quantities, and prices, if awarded, will be awarded via orders against this BPA. Emerging requirements that fall within the general description in section 2, below, may be awarded under this BPA, as needed. Any mention to a BPA ceiling or maximum is an estimate only and not binding to either party.

2. Description of Types of Services Covered by the Agreement.

2.1 Background:

The mission of the U. S. Small Business Administration (SBA) is to help maintain and strengthen the nation’s economy by enabling the establishment and viability of new and existing small businesses and by assisting in the economic recovery of communities during disasters. This contract will support three main SBA loan programs: 7(a) loans, 504/Certified Development Company (CDC) loans, and the Disaster Loan Program. This contract will also support SBA’s Disaster Credit Risk Management efforts.

The 7(a) Loan Program is the SBA’s primary lending program to help start-up and existing small businesses obtain financing when they might not be eligible for business loans through normal lending channels. The name comes from section 7(a) of the Small Business Act, which authorizes the SBA to provide business loans to American small businesses. The SBA itself does not make loans through this program, but rather guarantees a portion of loans made and administered by commercial lending institutions.

The 504/CDC loan program is a long-term financing tool, designed to encourage economic development within a community. The 504 Program accomplishes this by providing small businesses with long-term, fixed-rate financing to acquire major fixed assets for expansion or modernization.

The Disaster Loan Program provides affordable, timely and accessible financial assistance to homeowners, renters, and businesses. These SBA, low-interest, long-term loans are the primary form of federal assistance for the repair and rebuilding of non-farm, private sector disaster losses.

SBA is seeking to issue a Blanket Purchase Agreement (BPA) to a supplier of services that will provide consumer and commercial loan credit reporting and scoring services, business information products and reports, and disaster credit risk analysis as described in Tasks 1 through 3.

2.2 SPECIFIC REQUIREMENTS AND DELIVERABLES

2.2.1 TASK I: Scores for Loan Underwriting: FICO Small Business Scoring Service (SBSS) and FICO Consumer Scores:

The SBSS score is used to assist SBA and its lenders in determining if a small business applicant is creditworthy. In addition, SBA/Disaster is a direct lender and will use the SBSS score as part of its credit determination for business applicants. Also, Fair Isaac Consumer scores are used for every disaster loan origination.

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2.2.2 The vendor shall:

1. Provide a SBSS using data from the Fair, Isaac and Company Inc. (FICO) Liquid Credit Decision Engine which gathers and uses consumer and business bureau information to help determine a score. The SBSS and FICO consumer scores are then made available to SBA through SBA’s ETran system or Disaster Credit Management System (DCMS) depending on the type of SBA loan.

2. Serve as a centralized commercial loan credit-scoring program.

3. Ensure the commercial loan credit scoring capabilities are compatible with the SBA’s Office of Credit Risk

Management’s (OCRM) credit scoring methodology and scores, both in an underlying algorithmic basis and in demonstrable quantifiable reporting constructs. This enables a direct correlation between OCRM’s Small Business Risk Portfolio Score (SBRPS also known as SBPS) and SBSS scoring to be easily derived.

(The SBRPS predicts the likelihood of severe delinquency over the next 12 months including bankruptcies and charge offs. It uses statistical probabilities to classify companies into a score range. FICO data is also used to derive the SBRPS.)

4. Execute and deliver to the SBA individual commercial loan credit scores on each specific loan transmission, as well as corresponding delineated consumer and/or business credit reports in a compatible image format (PDF or TIF).

5. Have the capability to receive credit scoring requests 24/7 to facilitate an approximate 50,000 said transmissions annually (with potential surge in volume due to disaster activity) from SBA’s loan centers and provide the credit score, individual and business credit reports and analytic (creditworthiness) information pertinent to the individual commercial loan transmission.

6. Vendor shall include all costs associated with front end underwriting credit scoring. This includes licensing the data from a national consumer credit bureau(s) and data from a national business credit bureau(s) needed in order to run the credit scores. This also includes licensing the actual SBSS FICO credit scores, and the FICO Liquid Credit underwriting software that runs FICO’s Liquid Credit decision engine. These can be purchased separately, however, all are needed in order to complete the credit scoring process, and can be purchased combined. This may provide SBA with economies of scale in purchase; and at a minimum will reduce the logistical burden.

7. Vendor shall provide credit-scoring services as needed.

8. Customer service must be available for any technical and service-related issues needed.

2.3 TASK II: Experian Consumer Credit Bureau Reports:

2.3.1 Consumer Information:

SBA will need to retrieve Experian’s consumer specific credit information, as it is a feeder file to the SBSS score. The contractor’s database must contain consumer data from all major credit grantors across the United States and is continuously validated by the receipt and processing of monthly updates from each of those sources. Because most credit accounts represent active relationships with consumers, the quality of the information from those sources has a higher degree of accuracy and reliability than most other source of consumer data. Collectively, the information from these different sources gives a unique base for high quality information from which to identify most adult consumers (18+ years) within the USA.

2.3.2 Consumer Credit Report:

The Consumer Credit Report is a composite history of a consumer’s credit and identification information.

This report will be used as a comprehensive credit decision making tool, providing timely and in-depth credit information that allows for faster, accurate, and cost effective decisions. The contractor’s Consumer Credit Report must provide:

a. Personal Data, including:

a. Current and previous addresses b. Social security number

c. Employment history

b. Summary of the consumer’s credit history, including:

a. Number of accounts (open & closed) held by consumer

b. Type of accounts

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c. Number of credit inquiries over the last 12 months

d. Number of accounts past due

e. Number of accounts in good standing c. Detailed account information, including:

a. Name, account type, account number, date opened, balance, and status of each account listed on the consumer’s credit report

b. Payment history, date of last activity and contact information for credit issuer for each account listed on the consumer’s credit report

c. Details specific to past-due accounts and accounts with negative credit history

d. Consumer Credit history inquiries

e. Summary of any of the consumer’s accounts which have been turned over to a credit agency

f. Summary of liens, wage garnishments or other judgments that appear against the consumer in federal, state or county court records.

g. Consumer Risk Assessment Credit Score developed based on the information in the consumer’s credit report.

a. Predicts the likeness of accounts experiencing seriously derogatory payment performance in the next 12 months.

b. Produce scores ranging from 300-850, where high scores equal low risk.

2.3.4 Ad-Hoc Reports

The SBA is interested in available Ad-Hoc reports that may help to support loan portfolio management.

These reports should be identified and available. The request for these Ad-Hoc reports, which may be funded separately, must be verified and approved by the COR and/or Contracting Officer.

2.3.5 Availability of Reports

• The contractor will electronically deliver one copy of the data to the SBA upon completion. The data will consist of services and/or information required but the SBA.

• As updates are made available, contractor will provide latest business and consumer information and data, including risk assessment credit scores.

• All reports must be available in print image format and also in an automated, electronic report format that is compatible for transfer with SBA systems and the FICO Liquid Credit product as it supports SBA’s custom interfaces for loan origination and underwriting.

• All reports purchased by the SBA must be stored online and available for at least 6 months after purchase.

• All user names and locations will be available for at least 6 months after purchase.

2.4 TASK III: Dun & Bradstreet Commercial Credit Bureau Reports:

2.4.1 Business Information:

The contractor will provide electronic access to the Dun & Bradstreet database so the SBA can identify all related records associated with the latest business credit information and data, including risk assessments, repayment ability, and ratings. SBA will need to access the information and associated data in order to identify all related members of any corporate family. The contractor will provide the prospecting record profile, plus electronic access to any data fields needed.

• All reports shall be stored online and available for 6 months.

• The contractor will electronically deliver one copy of the data to the SBA upon request. The data will consist of services and/or information required by the SBA.

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2.4.2 Supplemental Business Information Reports. In addition to the business credit data, the verification service must contain the following elements in a reporting format so SBA may conduct a moderate risk assessment:

a. The rating showing company net worth and risk indicator

b. Breakdown of credit behavior by industry

c. Detailed information about liens, judgments, bankruptcies, and critical events

d. Basic company profile and public records filings

e. Numerical score that measures and evaluates whether a business makes prompt payments to its suppliers and creditors within the agreed upon terms of payment

f. Credit limit recommendations

g. Payment and industry trends

h. Predictive scores to evaluate the likely future payment behavior

e. Compare companies to others in the same industry, locally or across the U.S.

f. The government will have ten (10) business days to review each deliverable. Upon receipt of the Government comments, the Contractor shall have ten (10) business days to incorporate the government's comments and/or change requests and to resubmit the deliverable in its final form. If the Government has not informed the Contractor of any issues before COB tenth business day of receipt, no reply will confirm Government acceptance of the deliverables.

3.0 USER ACESS

• Approval for usage shall be specified by the COR and/or the Contracting Officer.

End-users must obtain pre-authorization by the COR before accessing any of the reports.

4.0 TRAINING AND CUSTOMER SERVICE

• Training guide or similar document to be made available for user reference.

• The contractor must identify a point of contact for any customer service or system questions.

5.0 MONTHLY INVOICES

Contractor shall invoice no more often than once a month. Each invoice shall be submitted only to jaamscp@sba.gov for processing. At a minimum, each invoice shall include the type of unit, number of units billed, and individual unit cost then associate these elements with user name and location.

Additionally, a summary should be provided that indicates the total cost by location for that month and a summary of the entire contract’s current burn rate. Each invoice shall include the Contract number and associated Requisition number for payment. The contractor shall bill SBA for products and services on a monthly basis plus a usage report and graph running monthly expenses with burn rate and a list of user names for control purposes.

6.0 PERIOD OF PERFORMANCE

It is SBA’s intent to award a base period from date of award through 12 months with four 12-month option years.

Base Year 09/13/2021 – 09/12/2022 Option Year 1 09/13/2022 – 09/12/2023 Option Year 2 09/13/2023 – 09/12/2024 Option Year 3 09/13/2024 – 09/12/2025 Option Year 4 09/13/2025 – 09/12/2026 Optional Services (52.217-8) 09/13/2026 – 03/12/2027 mailto:jaamscp@sba.gov

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7.0 LOCATIONS IDENTIFIED FOR USER ACCESS

• Headquarters (Washington, DC)

• 7(a) Loan Guaranty Processing Center in Citrus Heights (Citrus Heights, CA) (Hazard, KY)

• 7a Loan Guarantee Processing Center - PLP (Citrus Heights, CA)

• National Guaranty Purchase Center (Herndon, VA)

• Fresno Commercial Loan Servicing Center (Fresno, CA)

• Little Rock Commercial Loan Servicing Center (Little Rock, AR)

• El Paso Disaster Loan Servicing Center (El Paso, TX)

• Birmingham Disaster Loan Servicing Center (Birmingham, AL)

• Santa Ana National Disaster Loan Resolution Center (Santa Ana, CA)

• District Offices (as approved)

8.0 TRANSITION PLAN

The parties recognize that there is a period of transition at the beginning of this effort and at the end.

“Transition” refers to the transfer of the work performed pursuant to this SOW at the beginning of the contract. “Transition” also refers to the transfer of this work at the end of this contract back to the Government or to another Contractor. Contractor agrees to cooperate and assist in all transitions required by this contract at no additional cost to the Government.

The Contractor recognizes that the services under this BPA are vital to the Government and must be continued without interruption, and that, upon contract expiration, a successor may continue the contractual effort. The Contractor agrees to furnish phase-in-training, and to exercise its best efforts and cooperation to affect an orderly and efficient transition to a successor.

Upon written notification from the COR, the Contractor shall furnish phase-in, phase-out services for up to 180 days after this contract expires. The Contractor shall negotiate in good faith a plan with a successor to determine the nature and extent of phase-in and phase-out services required. The plan shall cover all facets of the Contractor’s requirements under the expired contract, including the identification and utilization of all System software, procedures, policies, and protocols developed – which workflow tools shall all be in a written format.

The Contractor shall transfer responsibilities for the existing contract, as well as the related servicing function, only upon written authorization by the COR. Until such transfer is authorized by the COR, the Contractor will continue to receive compensation pursuant to the contractor’s agreed pricing schedule. The Contractor shall be required to provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of acceptance as detailed in this contract.

Phase-In: Identification of critical steps and technical specifications in assuming full functionality of service as defined in the SOW, as to not cause any break in loan origination at SBA.

Continuity of Operations Plan: Contract will identify critical steps to ensure continuity of operations in the event of delays in assuming full functionality of services.

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Phase-Out: Identification of critical steps to ensure a successful transition out period as identified in this SOW and to ensure full functionality of service.

9.0 SMALL BUSINESS SUBCONTRACTING REQUIREMENT

The contractor shall develop a subcontracting plan such that at least 5% of the BPA value per year for the first the two years and at least 10% of the BPA value for the remaining years of the BPA shall be subcontracted to a small business. The latter is based on a BPA with a base year and four to option years.

The subcontracting plan should identify the subcontractor(s) that the Contractor proposes for the BPA, discuss the subcontractor’s qualifications and include a certification from the subcontractor that it is a small business as defined by SBA’s Small Business Size Regulations. The Contractor shall submit the subcontracting plan to the Contracting Officer for approval.

3. Legal Effect of BPAs and Orders. This BPA is not a contract and may be cancelled by either party upon 30-days written notice. Orders against this BPA are offers to purchase until signed by both the Contractor and the Contracting Officer. Once orders are counter-signed by the Contracting Officer and submitted to the Contractor, orders are legally binding contracts. If the Contractor fails to sign and return an order to the Contracting Officer within 2 working days following submission of the order to the Contractor, the Contractor should contact the Contracting Officer to ascertain whether or not the offer to purchase (order) is still valid. BPAs are subject to review at least annually prior to their effective date and subject to modification as necessary to conform to changes, clause changes, and statutory requirements. A BPA shall be changed only by modifying the BPA itself and not by individual orders issued under it. Modifying a Blanket Purchase Agreement shall not retroactively affect orders previously issued under it.

4. Government Activities Authorized to Issue Orders Under this BPA. SBA Acquisition Directorate Contracting Officers are authorized to issue Requests for Quotations (RFQs) and orders under this BPA.

5. Method for Awarding BPAs. BPAs will be awarded to submitter whose quote in response to BPA RFQs provide best value to the Government as defined in FAR 2.101. The Government intends to award a single-award BPA.

6. Method for Awarding Orders against BPAs. If the Government chooses to initiate an RFQ for an order against a BPA, the RFQ will be submitted to all applicable BPA holders via email. Each order RFQ will specify submission requirements. Orders may be set-aside or awarded on a sole source basis in accordance with the authorities provided in FAR. BPA holders may be required to certify to size standards for orders.

BPA holders may be required to provide resumes for all or a portion of quoted personnel for orders. RFQs for orders will establish submission requirements and how submissions will be evaluated.

(a) Orders for Services. Solicitations for orders for services will include a Statement of Work or Performance Work Statement inclusive of the tasks to be performed, location of the work, order contract type, a deliverables schedule, applicable performance standards; and any special requirements (e.g., security clearances, travel, and special knowledge).

(b) Frequency of Ordering. Orders may be awarded or modified frequently as needs arise.

(c) Delivery Locations and Schedule. See Place of Performance in section 9c. Orders will specify schedule requirements, but generally, services will be required upon award. If services cannot be provided immediately upon award, quotes must provide estimated start dates for all personnel quoted.

7. Method for Issuing, Accepting and Delivering Orders. The BPA-holder will submit its quote, inclusive of any price discounting, no later than two business days following issuance of an order RFQ. Submission of a quote constitutes the Contractor’s willingness to accept the order if awarded to the Contractor.

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Submission of a quote does not guarantee award of an order. Once an order is awarded, the Contractor is responsible to comply with all requirements in this BPA and the resultant order.

8. Method for Pricing Orders. Orders shall be priced in accordance with pricing provided in the contractor’s quote for this BPA. Order unit pricing shall not exceed BPA unit pricing but may be discounted via a quote in response to an order RFQ. Pricing for additional services or service elements within scope of the description provided in section 2 may be requested, negotiated and awarded via modification to this BPA by the Contracting Officer.

9. Service Delivery Terms.

(a) Non-personal Services

(1) The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services as defined in FAR Part 37, Service Contracting, and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor’s personnel. It is, therefore, in the best interest of the Government to afford both parties an understanding of their respective obligations.

(2) Contractor personnel under this contract shall not:

(A) Be placed in a position where they are under relatively continuous supervision and control of a Government employee.

(B) Be placed in a position of command, supervision, administration, or control over Government personnel or over personnel of other Contractors performing under other SBA contracts.

(3) The services to be performed under this contract do not require the Contractor or the Contractor’s personnel to exercise personal judgement and discretion on behalf of the Government. Rather, the Contractor’s personnel will act and exercise personal judgement and discretion on behalf of the Contractor.

(4) Rules, regulations, directives, and requirements that are issued by the SBA under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation and facilities, who are provided access to Government systems, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(5) Both parties are responsible for monitoring contract activities for indications of improper employee-employer relationships during performance. In the event a situation or occurrence takes place inconsistent with this contract language, the following applies:

(A) The Contractor shall notify the Contracting Officer in writing within 5 business days from the date of any situation or occurrence where the Contractor considers specific contract activity to be inconsistent with the intent of this contract language. The notice must include the date, nature and circumstance of the situation or occurrence, the name, function and activity of each Government employee or Contractor employee involved or knowledgeable about the situation or occurrence, provide any documents or the substance of any oral communications related to the activity, and an estimated date by which the Government is recommended to respond to the notice in order to minimize cost, delay, or disruption of performance.

(B) The Contracting Officer will review the information provided by the Contractor, obtain additional information (if needed), and respond in writing as soon as practicable after receipt of the notification from the Contractor. The Contracting Officer’s response will provide a decision on whether the

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Contracting Officer determines the situation or occurrence to be inconsistent with the intent of this contract language and, if deemed necessary, will specify any corrective action(s) to be taken in order to resolve the issue.

(b) Non-inherently Governmental Functions. The Contractor shall not perform any inherently governmental functions as defined in FAR 7.503. At no time shall the contractor or its personnel represent themselves or conduct themselves as an “employee” of the SBA. At no time shall the contractor or its personnel:

(1) Direct and Control Federal Employees;

(2) Determine Agency Policy;

(3) Perform resource allocation or program management duties that must be performed by the

Government;

(4) Approve any contract documents or provide any contract administration for other SBA contracts;

The Contractor and its personnel may perform functions that are closely associated with Inherently Governmental Functions provided they do not impinge on Federal Official’s performance of inherently governmental functions. The performance of any closely associated functions must be carefully monitored so that they do not cross into inherently governmental functions over time. This oversight will be provided by the Contracting Officer’s Representative.

(c) Place of Performance. If work must be performed onsite at Government facilities, the place of performance will be specified in the RFQ. The Contractor should assume that telework is authorized unless prohibited in an RFQ and resultant order. See section 10, SBA Terms and Conditions, subsection 15, Teleworking.

(d) Travel. Travel may be required in support of this BPA and is subject to pre-approval by the Contracting Officer’s Representative. Travel pricing and payment shall comply with FAR 31.205-46, Travel Costs (https://www.acquisition.gov/far/31.205-46).

(e) Hours of Performance. The Contractor shall typically perform work in support of orders against this BPA between the hours of 7:00 am and 5:00 pm local time. Local time is local to the location of the requiring activity. Exceptions to this timeframe may be identified in individual orders.

(f) Period of Performance. The period of performance will be specified or estimated in the RFQ and specified in the resultant order. Optional periods of performance may be awarded via any order.

(g) Tasks. Specific tasks to be performed will be specified via orders against this BPA.

(h) Deliverables. Deliverables will be specified via orders against this BPA. Unless otherwise specified, OCA shall have seven (7) working days to accept or reject deliverables provided by the Contractor under this PWS. OCA will notify the Contractor upon acceptance of each deliverable. In the event that a deliverable is rejected, the Contractor shall be notified in writing of the rejection and the specific deficiency. The Contractor shall be required to correct and resubmit the item(s) within seven (7) working days. OCA will have seven (7) working days to review any corrected deliverables. The COR shall be advised as early as possible with explanations regarding the late submission of any deliverable.

(i) Small Business Subcontracting Requirement. The Contractor shall develop a subcontracting plan such that at least 5% of the BPA value per year for the first two years and at least 10% of the BPA value for the remaining years of the BPA shall be subcontracted to a small business. The latter is based on a BPA with a base year and four option years. The subcontracting plan should identify the subcontractor(s) that the Contractor proposes for the BPA, discuss the subcontractor’s qualifications and include a certification from the subcontractor that it is a small business as defined by SBA’s Small Business Size Regulations. The Contractor shall submit the subcontracting plan to the Contracting Officer for approval.

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(j) Professional Liability Insurance. The Contractor shall maintain adequate professional liability insurance, including errors and omissions insurance, to insure against any liabilities that may arise as a result of the Contractor’s services. Copies of all current policies, along with summaries of coverage amounts shall be supplied to the COR upon request.

10. Physical Security Safeguards: The Contractor shall establish and comply with appropriate administrative, technical, and physical safeguards to protect all Government data, property, facilities and personnel.

(1) The Contractor shall not disclose and must safeguard all data and personnel work products that are obtained or generated in the performance of this contract. The Contractor shall not access data or documentation that is not required in the performance of services awarded via this contract/task order, even if the data or documentation is available to contractor personnel. The Contractor shall immediately report any instance of non-compliance with this requirement to the Contracting Officer.

(2) The government may authorize contractor access to controlled, sensitive, classified, or other government information for use in performance of this contract. The term “government information” includes information furnished by the government and information acquired or developed by the Contractor in performance of the contract. The Contractor shall provide immediate written notification the Contracting Officer if a breach of any of the requirements in this section occurs.

(3) The Contractor shall not publish or otherwise divulge government information, in whole or in part, in any manner or form, or authorize or permit others to do so, taking such measures as are necessary to restrict access to such information to only those employees needing the information to perform work required by the contract, i.e., on a “need to know” basis. The Contractor is cautioned that its employees and subcontractors have no blanket authorization for access to government information based on their employment status.

(4) Government data, including electronic data, shall not be removed from the Government facility without the express permission of the Contracting Officer or the Contracting Officer’s Representative.

Government data including documentation shall be surrendered to the Government upon contract completion and upon request. Government personnel, including government security personnel, have the express right to inspect documentation for any reason and at any time during the term of this award. The Contractor shall ensure that direct and subcontract employees:

(A) Only access information required to perform their tasks as specified in this BPA, and do not access information that is not required to perform these tasks;

(B) Ensure continuous government access to their work product in support of this BPA;

(C) Do not email government information to non-government email accounts;

(D) Do not discuss government information with non-government personnel (including the Contractor employee’s management);

(E) Do not remove, or conspire to remove, government information out of a government facility or system, either physical and electronic, without written Contracting Officer or Contracting Officer Representative authorization;

(F) Comply with non-disclosure agreement (see Attachment 1); and

(G) Protect the confidentiality of government information, and do not disclose government information to any unauthorized person.

(a) Facilities. The Contractor and all associated subcontractors’ employees shall comply with all facility access and use policies and procedures, including security policies and procedures. Questions shall be

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(b) Property and Personnel. The Contractor shall report threats to government property and personnel employed by or supporting the Government.

(1) To help ensure the protection of the life and health of all persons, and to help prevent damage to property, the Contractor shall comply with all Federal, State, and local laws and regulations applicable to the work being performed under this BPA. These laws are implemented or enforced by the Environmental Protection Agency, Occupational Safety and Health Administration (OSHA) and other regulatory/enforcement agencies at the Federal, State, and local levels.

(2) The Contractor agrees to use only qualified, responsible, ethical, and capable people to perform the work. Contractor employees shall perform services at all times in a professional, ethical manner.

Unprofessional, unethical or threatening conduct will not be tolerated. Contractor employees with knowledge of unprofessional, unethical or threatening behavior or conduct by any person shall immediately report such behavior or conduct to the Contractor. The Contractor shall immediately report receipt of a report concerning such behavior or conduct to the Contracting Officer.

(3) The Contractor and its employees shall only conduct business covered by this BPA during periods paid for by the government and shall not conduct any other business on government premises or government time. The Contractor shall not use government time, equipment, materials except for the express purpose of providing government support.

(4) Contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties shall identify themselves as Contractors to avoid creating an impression that they are Government officials. The Contractor shall also ensure that all documents or reports produced by the Contractor are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

(5) The Contractor shall, at its own expense, immediately remove employees who have displayed or are displaying or engaging in unprofessional, unethical, or threatening behavior or conduct. The Contracting Officer may require that the Contractor remove from the job at its own expense, employees who jeopardize or interfere with mission accomplishment, or endanger or threaten to endanger persons or property, or whose continued employment under this BPA is inconsistent with the interest of agency security. This includes, but is not limited to, the following:

(A) Neglect of Duty. The following acts or omissions shall be sufficient cause for the dismissal of any on-site Contractor personnel while on duty: sleeping; smoking; reading unauthorized materials; loitering; unreasonable delay; failure to carry out assigned tasks; conducting personal affairs; appearing inattentive to duties; refusing to render assistance; or being uncooperative in upholding the integrity of SBA’s security program.

(B) Disorderly Conduct. Use of abusive or offensive language, quarrelling, intimidation by words or actions, fighting or participation in disruptive activities that interfere with normal and efficient operations.

(C) Criminal Acts. Theft, vandalism, immoral conduct, and involvement in any criminal activity.

(D) Financial Misconduct. Intentional misuse of a current or prior client’s money or property.

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(E) Involvement with Illegal or Controlled Substances. Selling, consuming, or being under the influence of intoxicants, drugs, or substances that produce similar effects while on duty.

(F) Misuse of SBA Property. Unauthorized or improper use of SBA communications equipment, computers, computer networks, or other property.

(G) Falsification of Information. Falsification of information entered on suitability, background, or employment forms.

(H) Conviction. Conviction of a felony, crime of violence or serious misdemeanor.

(I) Arrests. Possession of an arrest record for continuing offenses.

11. SBA IT Security Requirements. Data contained within all SBA computer systems are governed by Agency record disclosure and privacy regulations (13 C.F.R. part 102), IT security regulations as well as other regulations, and statutes and guidance, including the Privacy Act of 1974, as amended (5 U.S.C. § 552a). The Contractor and subcontractor will be held accountable for adherence to these statutes, regulations and guidance, as well as following SBA requirements described in this clause. Thus, anytime the term Contractor is used, it shall be meant to include the Contractor and subcontractors working on this BPA that have access to a federally-controlled facility and/or routine access to a federally-controlled information system (including, but not limited to, computer systems, networks, or IT infrastructure).

In addition, various federal requirements obligate SBA to establish controls to limit access to personally identifiable information (PII) and sensitive information, as defined below, to authorized personnel. These include Appendix III to OMB Circular No. A-130, Managing Federal Information as a Strategic Resource;

and OMB Memoranda No. M-17-26, Reducing Burden for Federal Agencies by Rescinding and Modifying OMB Memoranda, M-07-16, Safeguarding Against and Responding to the Breach of Personally Identifiable Information, M-06-16, Protection of Sensitive Agency Information, and M-06-15, Safeguarding Personally Identifiable Information.

12. Section 508 Accessibility Requirements. All electronic and information technology (EIT) procured through this Performance Work Statement and any resulting BPA or Order must meet the applicable accessibility standards at 36 CFR§ 1194, U.S. Architectural and Transportation Barriers Compliance Board (Access Board) under the authority of Section 508 of the Rehabilitation Act Amendment of 1998,.36 CFR§1194, unless an agency exception to this requirement exists. 36 CFR§1194, U.S. Architectural and Transportation Barriers Compliance Board (Access Board) is viewable at http://www.section508.gov. The applicable Revised 508 Standards found at https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines prior to delivery and before final acceptance. The offeror shall ensure the personnel providing the services possess the knowledge, skills, and ability necessary to address the applicable Revised 508 Standards defined in this contract, and shall provide supporting documentation upon request.

13. Personal Identification Verification Card Control.

(a) The Contactor shall ensure that all BPA employees safeguard their PIV Card.

(b) The Contractor shall ensure that BPA employees schedule an appointment with an enrollment/activation center via http://www.fedidcard.gov if a Personal Identification Number (PIN) reset is needed. If an appointment cannot be made, the Contractor shall notify the COR.

(c) In the event that a PIV Card is or may have been lost, damaged, compromised, or stolen, the Contactor shall immediately notify the COR and the SBA PIV Security Office at PIV@sba.gov. Instructions for obtaining a replacement will be provided.

(d) The Contractor shall ensure return of employee PIV Cards to the COR or the COR’s designee on the employee’s final day of BPA and/or Order performance. The Contractor shall provide the actual separation date and reason its employee will no longer support the BPA.

https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.section508.gov%2F&data=02%7C01%7CRachelle.Colon-Serna%40sba.gov%7Cae0a125467004b6ad4a208d7e7a12fdd%7C3c89fd8a7f684667aa1541ebf2208961%7C1%7C0%7C637232551799030680&sdata=KriWNIpGEtPjo0UchSaGTG7K%2FW%2BFkwsM8AchvrY4Q0k%3D&reserved=0 https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines http://www.fedidcard.gov/ mailto:PIV@sba.gov

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(e) The Contractor shall ensure return of PIV Cards in accordance with FAR clause 52.204-9 (which is incorporated herein by reference) on the BPA employee’s last day of BPA performance. In the event that a BPA employee fails to turn the PIV Card over to the Government on the last day of work, the Contractor shall ensure return of the employee’s PIV Card within one working day.

(f) This requirement shall be incorporated into any subcontracts that require subcontractor personnel to have routine and regular unsupervised access to a federally controlled facility for more than 180 calendar days or unsupervised access to a federally controlled Level 3 or 4 information system.

14. Key Personnel. Key personnel are those personnel considered essential to successful contractor performance. All requests for approval of substitutions of key personnel under this BPA shall be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They shall contain a complete resume for the proposed substitute or addition, and any other information requested by the Contracting Officer. Replacements for key personnel shall possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the CO. Exceptions requested by the Contractor shall be submitted in writing and detail the suggested BPA price adjustment.

15. Organizational Conflict of Interest:

(a) The Contractor shall ensure the neither the Contractor or any subcontractor is biased because of financial, contractual, organizational, or other interests which relate to the work under this BPA. The Contractor shall also ensure that neither the Contractor or any subcontractor obtains any unfair competitive advantage over other parties based on performance of this BPA.

(b) The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or their successors in interest (hereinafter collectively referred to as “Contractor”) in the activities covered by this clause as a prime Contractor, subcontractor, cosponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) The warrant and disclosure requirements of this paragraph apply with full force to both the Contractor and all subcontractors. By signature on this BPA or BPA performance, the Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the Contractor has disclosed all relevant information regarding any actual or potential conflict. The Contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the Contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the Contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) The Contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The Contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the BPA to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the Contractor shall obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the Contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the Contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the Contractor's own risk.

(e) The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the Contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the BPA for default, suspend and/or debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this

BPA.

https://www.law.cornell.edu/cfr/text/48/part-9/subpart-9.5 https://www.law.cornell.edu/cfr/text/48/part-9.507-1 https://www.law.cornell.edu/cfr/text/48/part-9.507-1

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16. Invoice Submission:

(a) Invoices shall be submitted via the Invoice Processing Platform (IPP), a service provided by the U.S.

Treasury’s Bureau of the Fiscal Service. Contractors are solely responsible for ensuring invoices are accepted by IPP and transmitted to the SBA. IPP will submit a status update to the vendor when the invoice is transmitted to the SBA.

(b) Contractors not enrolled in IPP will be notified to register upon award of a BPA, agreement or order.

Unless already enrolled in IPP, and following SBA invitation to do so, Contractors shall enroll at https://www.ipp.gov/.