B04 - RFQ IDIQ SOW-OII Examination Svcs 8-11-22.docx

Sol. Number 73351022Q0019 Document Title OII Examinations and Related Services

INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ) SOLICITATION

Small Business Administration Acquisition Division, on behalf of the Office of Investment and Innovation (OII) SBA Project Name: OII Examinations and Related Services

Issued to NAICS: 541611- Administrative Management and General Management Consulting Services Product Service Code (PSC) of R699-Other Administrative Support Services

Important Due Dates:

RFQ issued on: 12 August 2022 Questions by: 17 August 2022 @ 1:00 p.m. ET RFQ Responses due: 26 August 2022 @ 1:00 p.m. ET Performance begins: Estimated 1 September 2022

This is a notice that the resultant contract is for a 100% Total Small Business set-aside requirement. Only quotations submitted by Small Business will be accepted by the Government. Any quotation that is submitted by an Offeror that is NOT a Small Business will not be accepted.

SECTION A – IDIQ GENERAL TERMS AND CONDITIONS

1.0 Background

The Small Business Investment Company (SBIC) program was created by the Small Business Investment Act of 1958 and was established to “stimulate the national economy in general and the small business segment in particular by establishing a program to stimulate and supplement the flow of private equity capital and long-term loan funds which small business concerns need for the sound financing of their business operations and for their growth, expansion, and modernization, and which are not available in adequate supply…” SBA accomplishes this mission by licensing teams of experienced private equity professionals who use privately raised capital, and possibly SBA-approved leverage, to make equity investments and long-term loans to small businesses.

The SBIC program is a public/private partnership. SBICs are privately owned and managed investment funds, licensed and regulated by SBA. SBICs may be organized as corporations, limited partnerships, and limited liability companies, but are most typically organized as limited partnerships. As of March 31, 2022 there are 294 funds in the SBIC program providing approximately $35 billion for investments in qualifying small businesses. For the past four years (FY 2018 – FY 2021), these funds have invested more than $23 billion in over 4,000 small businesses. In FY 2021, SBICs invested over $7 billion in over 1,000 small businesses. As of March 31, 2022 there are 57 licensees licensed as non-leveraged SBICs, many of which are bank affiliated. Most bank affiliated SBICs were originally created to enable banks to make equity investments which otherwise would be prohibited by the Glass Steagall Act.

SBICs are located throughout the United States and may invest nationwide or in the regions identified in the SBIC’s business plan. Pursuant to the Act, with limited exceptions, SBICs must have a minimum of $5 million in private capital. The Act does not set a maximum amount of private capital that an SBIC may have, but SBA leverage is capped at a maximum of $175 million per SBIC and typically advanced at a 2-to-1 rate, so SBICs do not typically raise more than $87.5 million in private capital. SBIC investments cover the spectrum of financing, from senior secured loans to pure equity investments such as common stock.

SBICs are required to comply with SBA regulations (13 CFR Sec. 107). Among other things, the regulations govern the type of small businesses in which SBICs are permitted to invest and provide financial criteria intended to protect SBA’s position as a creditor.

The SBIC program is administered by the Office of Investment and Innovation (OII) with SBA. OII has offices with approximately 65 individuals working on the program overall including:

· Outreach: buildings external awareness and handles initial inquiries about the program;

· Licensing: reviews applications for SBIC licenses submitted by funds;

· Business Operations: oversees data collection and funding of approved SBA leverage;

· Operations: oversee and monitors the financial and regulatory performance of licenses funds;

· Examinations: oversees and monitors regulatory compliance of licensed funds; and

· Liquidation: maximizes recoveries from failing funds through liquidation.

2.0 Purpose

The Contractor(s) will conduct examinations of Small Business Investment Companies (SBICs or Licensee) to:

· Determine whether Licensees are complying with the Small Business Investment Company Act of 1958, as amended, and its implementing regulations (Act);

· Assess the financial condition of Licensee and SBA’s financial vulnerability; and

· Ensure the accuracy of information that Licensees submit to the U. S. Small Business Administration (SBA).

The Contractor shall independently gather and report objective, factual information to SBA’s Director of SBIC Examinations or his/her designee. The Contractor shall plan, coordinate, and execute the complete examination process including, but not limited to, corresponding and meeting with SBIC managers, performing the site visits, preparing all necessary documentation in appropriate work papers, and drafting examination reports.

3.0 Overview Of The Office Of SBIC Examinations

The examination function is required by the Act and is one component of SBA’s regulatory oversight of the SBIC program. The Office of SBIC Examinations (OSE) is responsible for examining SBICs. In addition, the Government team consists of the Director and two Senior Examiners located in Washington, DC, the Office of SBIC Examinations also has 15 examiners and 3 Examination Managers located throughout the country.

Under the Act, SBA is required, with certain exceptions, to examine licensees at least every two years. During FY 2021 the Office of SBIC Examinations performed 262 examinations. Of those 262, 31 were licensed as non-leveraged SBICs. Sixty-five (65) of those 262 were performed by outside contractors in FY 2021 and consisted of both leveraged and non-leveraged SBICs. We are projecting to issue 240 examinations in FY 2022 and 83 of those are expected to be performed by contract examiners with approximately 20 of those 83 being leveraged SBIC examinations. We expect a similar number of examinations to be performed in FY 2023, but this depends on whether or not there are changes to examiners in the federal workforce, primarily anticipated by turnover. The current goal is to examine non-leveraged SBICs on an 18- month schedule and leveraged SBICs on a 12-month schedule.

As part of their examination reviews, examiners independently gather, analyze, and report factual information on the operations of licensee so the OII can:

· Determine whether Licensees are complying with the Act and are implementing regulations;

· Assess the financial condition of Licensees and SBA’s financial vulnerability; and

· Ensure the accuracy of information that Licensees submit to SBA.

Contractor shall assist OSE in conducting examinations. This acquisition is intended to be for multiple-award indefinite-delivery indefinite-quantity (IDIQ) contracts. During the first year of the contract, SBA expects to assign approximately 60 non-leveraged examinations and approximately 20 leveraged examinations through the award of task orders issued against the multiple IDIQ contracts. These estimated number of examinations may be divided among the several IDIQ contract holders.

The yearly number of examinations assigned to the Contractor will depend on:

· OII’s determination of the number of examinations that need to be conducted by the Contractor; and

· The quality of completed examinations previously conducted by the Contractor.

The Office of SBIC Examinations will be responsible for the final approval and issuance of all examination reports resulting from examinations performed by the contractor.

Statutory authority to conduct SBIC examinations: The Office of SBIC Examinations is granted authority to conduct examinations of SBICs as defined in the Act, and in Title 13 CFR Sec. 107.690.

Overview of process: SBA’s Director of SBIC Examinations or his/her designee will review and comment upon the contractor’s work. The Contractor’s general responsibilities include coordinating with the Director of SBIC Examinations or his/her designee to carry out assigned examinations. The Contractor is also responsible for maintaining offices equipped with appropriate computers and communications equipment, including email, scanner, and laptops with software utilized by SBA examines (e.g., Microsoft Office, Adobe Pro DC, SharePoint). However, all SBIC Exam work performed will be on SBA issued laptops using PIV cards to assess SBA laptops and only SBA provided software applications is allowed to be used. All work performed by the contractor under a contract with SBA is owned by SBA.

Contractors per unit pricing shall include all Other Direct Costs (ODCs), including labor, fee or profit, and subcontractor costs. For Task 1 Standard Non-Leveraged Examinations and Task 2 Leveraged Examinations Contractor will provide two separate fixed prices, one examination as a desk (not on-site at the SBIC’s location) and one price for travel. The Government will only pay the per unit price for examinations and travel will be identified at the task order level under a separate contract line-item number (CLIN).

Three types of SBICs: Currently SBA has three primary types of SBICs: non-leveraged Licensees, Licensees using debenture leverage, and Licensees using participating security leverage (no new participating securities Licensees have been licensed since 2004). Less frequently licensed SBIC are specialized SBICs, e.g., Debenture-Early Stage, Debenture-Impact. A new SBIC program may be introduced which this contract may also be responsible to examine, we would expect this new program to require an understanding the valuation policy SBA allows the SBIC. The characteristics and distinctions between these three types of Licensees, as well as the required examination procedures for each type, are thoroughly explained in the following:

· Small Business Investment Act;

· SBIC regulations in 13 CFR Sec. 107 and Sec. 121 (see link to statute and regulations at (Resource library (sba.gov); and

· Standard Operating Procedures (SOP) for The Office of SBIC Examinations: The specific activities performed during an examination, including the major regulatory areas being examined, are described in this SOP (see link to SOP 10 09, SBIC Internal Examinations Guidelines: SBIC Examination Guidelines (sba.gov)

3.0.1 Links To Information

The following are important links to critical information:

· Direct link to OSE’s SOP SBIC Internal Examinations Guidelines 10 09:

· SBIC Examination Guidelines (sba.gov)

· SBIC’s Resource Library:

https://www.sba.gov/sbic/sbic-resource-library;

· Links to the Statute and Relations – 13 CFR Sec.107 and Sec. 121:

.1 eCFR :: 13 CFR Part 107 -- Small Business Investment Companies .2 eCFR :: 13 CFR Part 121 -- Small Business Size Regulations

· Accounting & Valuation Standards;

Resource library (sba.gov) and

· Operating an SBIC, includes general information to the SBIC regarding Examinations and the SBIC library;

· Operate an SBIC (sba.gov)

4.0 OBJECTIVES

Objective One: Contractor shall guarantee SBICs are complying with the Small Business Investment Act of 1958 and acting in accordance with the implementing regulations, including, but not limited to, Title 13 CFR Sec. 107 and Sec. 121.

Objective Two: Contractor shall have an understanding of SBICs and all applicable regulations, policy directives, accounting guidelines, and valuation guidelines.

Objective Three: Contractor shall analyze complex financial transactions, financial statements, and private equity valuations in multiple industries.

Objective Four: All examinations will be reviewed by a Contractor’s Expert Examiner, which is equivalent to the Exam Manager’s responsibilities in the current SOP for The Office of SBIC Examinations. The Contractor’s Expert Examiner will ensure all support for the draft examination report provided to SBA is supported, easily retrievable and referenced with special emphasis on providing third-party independent (from SBIC) verification whenever possible.

Objective Five: Contractor will provide digitalized supporting documentation pursuant to SBA’s protocol to support draft exam reports submitted to SBA. The documentation will be clearly referenced for easy identification and accessibility in a timely fashion as defined by SBA.

Objective Six: Contractor shall be capable of utilizing a Virtual Data Room (VDR) solution for all tasks. Currently OII is using OneDrive and SharePoint and related technologies in its document management system. SharePoint Dashboards or its replacement will be updated accurately within 24 hours of the event. OII expects a migration to a CRM software solution over the next several years e.g., possibly to Salesforce. The Contractor must be able to adapt to using whatever platform SBA provides. Contractors will provide a secure VDR for Contract Examiners using SBA computer equipment and software. All work papers and documents shall be provided to SBA electronically according to the file format similar to that provided in OSE’s SOP 10 09, SBIC Examination Guidelines (currently Appendix 2) or in alternative formats or platforms as mutually agreed upon the Contractor and SBA. If the files are too large to be sent via email, they may be submitted by an alternative secure transfer process approved by SBA, currently SBA is using box.com.

5.0 Tasks

The time expended on each examination phase will depend on the characteristics of the specific licensee being examined, and must take into account;

· Complexity of the licensee’s organizational structure;

· Amount of any outstanding SBA leverage;

· Number, amount, and complexity of licensee financings being reviews; and

· Potential irregularities that need to be explored to ensure program integrity.

Task 1 – Standard Non-Leveraged Examination: Contractor shall conduct an examination of a non-leveraged SBIC. The contract Examiner shall create accurate, complete, and self-explanatory work papers and provide support documents organized in the form similar to OSE’s 10 09, SBIC Guidelines, Appendix 2 (SBIC Examination Guidelines (sba.gov)) as well as report similar to the example attached to this SOW, or as determined by Director of OSE or his/her designee. These work papers shall support the findings, if any, in both the Draft and Final Examination Reports submitted by Contractor. Currently these files are typically maintained in Microsoft Excel, Word, or PDF forms. OSE’s SBIC Examination Guidelines, SOP 10 09, shall be followed unless directed otherwise in writing by the Director of OSE or his/her designee. Because SBA’s regulatory requirements for non-leveraged SBICs are more limited than those for leveraged SBICs, these examinations are of limited scope and, therefore, require less time to complete.

Deliverables: The Contractor shall provide a draft examination report using SBA’s prescribed format, along with a complete set of electronically documented work papers within 21 calendar days of the on-site field work for reports without Findings and within 35 calendar days for reports with Findings.

The Contractor shall address any comments from SBA on the draft report, perform any additional work requested by SBA, and issue a final draft report to SBA within 15 calendar days of SBA’s response on the draft.

Expected Level-of-Effort: Standard examinations of non-leveraged SBICs typically take between 80 - 100 hours for both the Examiner and the contractor’s supervisor to complete. The Contractor shall conduct high-quality examinations within these approximate times.

Task 2 – Standard Leveraged SBIC Examination: Contractor shall conduct an examination of a Leveraged SBIC. The Contract Examiner shall create accurate, complete, and self-explanatory work papers and provide support documents organized in the format similar to SOC’s SOP 10 09, SBIC Examination Guidelines, Appendix 2 (SBIC Examination Guidelines (sba.gov) ) as well as a report similar to the attached example, or as determined by Director of OSE or his/her designee. These work papers shall support the findings, if any, in both the Draft and Final Examination Reports. Currently, many of these files are maintained in Microsoft Excel, Word, or as PDF attachments.

Deliverables: The Contractor shall provide a draft examination report using SBA’s prescribed format, along with a complete set of electronically documented work papers within 21 calendar days of the on-site field work for reports without findings and within 35 calendar days for reports with findings.

The Contractor shall address any comments from SBA on the draft report, perform any additional work requested by SBA, and issue a final report to SBA within 15 calendar days of SBA’s response on the draft.

Expected Level-of-Effort: Standard examinations of leveraged SBICs typically take between 120 to 140 hours for examiner and supervisory review time to complete. The Contractor is expected to conduct high-quality examinations within these approximate times.

Task 3 – Limited Activity Examination: Limited Activity Examinations are those which have been identified by the Director as dealing with an SBIC which reports limited activity, e.g., no more than two or three different companies invested during the period to be examined and is not otherwise expected to involve substantial activity. These examinations are often for non-leveraged licensees, SBICs with modified surrender agreements with SBA, or an Earmarked Asset SBIC with limited activity. The level of effort for a Limited Activity Examination is estimated to be 20 to 40 hours of both Examiner and supervisory review time to complete.

Deliverables: The Contractor shall provide a draft examination report using SBA’s prescribed format, along with a complete set of electronically documented work papers within 21 calendar days of the on-site field work for reports without findings and within 35 calendar days for reports with findings.

The Contractor shall address any comments from SBA on the draft report, perform any additional work requested by SBA, and issue a final report to SBA within 15 calendar days of SBA’s response on the draft.

Task 4 – Special Purpose Review: These reviews are typically requested by the Director of the Office of SBIC Liquidation or the Director of SBIC Operations through the Director of Examinations for specific purposes. They may relate to the contractor providing independent review and analysis of specific aspects of a licensee’s operations (e.g., valuations of certain portfolio investments, review of securities agreements and related financing documents, determining whether an SBIC is following the terms and conditions of a Settlement Agreement, Wind-Down Plan, or other demonstrated need). The level of effort for these reviews are expected not-to-exceed 40 hours but may be extended by unusual circumstances.

Deliverables: As mutually agreed upon in writing by the parties.

Note: Task Orders for Task 4 will usually be based on hourly rates for a total not-to-exceed amount.

Task 5 – Special Purpose Training: This task is for training for examiners (SBA Examiners) - usually by the Contractor who has expertise in a given area which may be valuable to SBA. The training may be provided by Contractor personnel or its subcontractor or by SBA. The training may be provided in-person and/or online to SBA staff and/or Contractor staff on specific topics (e.g., valuation of portfolio investments of SBICs, securities, and/or sales agreements related to these investments; corporate governance; tax matters; or other topics) as determined by the SBA.

Deliverables: Schedule, content, and price will be negotiated between the parties at the task order level. This will be identified at the task order level.

Task 6 – Supplemental work: Periodically, there will be related, and supplemental work related to the Tasks noted above as well as trainings, which must be approved by SBA in writing prior to the work commencing. This work will have a not-to-exceed number of hours for a specific task. Hourly billing rates are to be provided as follows:

Task 7 – Small Business Concern (SBC) Method Assessments (SMA): Provide expert guidance to examiners during an examination on whether or not the valuation methodology used by an SBIC reasonably follows SBA’s SBIC Valuation Guidelines. The expectation is upon obtaining the needed information from the examiner, e.g., all documents most recently filed with SBA supporting the valuation of the subject investment, the contractor will respond within a week of the request or on an alternate date agreed upon after discussion with the COR. If a discussion between the examiners, exam manager and the TPOC is requested, the SME will make themselves available for a discussion at the hourly rate, not to exceed 2 hours unless prior approval in writing by the COR. The intent is for the contractor (their SME) provide both written and verbal feedback prior to draft exam being sent to the exam manager. This SMA is to be a fixed price for each investment (Small Business Concern – SBC) a SMA is requested. However, if additional time beyond 2 hours of the SME, then mutually agreed upon hours can be billed pursuant to the hourly rates in Task 6.

Task 8 – Compensation Surveys: Contractor will provide a salary survey upon the request of the COR. The salary survey(s) are anticipated to be used annually. The company’s salary searches will consist of, for example, hourly charges for CFOs, CEOs, Board MEMBERS, Financial Analysts, Merger and Acquisition Specialists in various industries and geographical areas throughout the United States. Based upon the results of the survey(s) the Contractor will determine whether the fees charged for the work performed does not exceed the prevailing rate charged for comparable services by other organizations in the geographical area of the Small Business. An individual review of a specific charge by an SBIC to an SBC on whether or not the hourly charge is reasonable may be engaged under Task 6, an hourly basis, mutually agreed to in writing. This task will be identified at the task order level.

Task 9 – Travel: Travel for Standard Non-Leveraged (Task 1) and Leveraged Examinations (Task 2) will be identified at the task order level. Travel under Task 6 and Task 7 will be pursuant to the reimbursement schedule allowed by the Code of Federal Regulations for the Federal Travel Regulation System for federal employees. Should travel be required, all travel must be preapproved in writing by the COR and shall adhere to FAR 31.205-46 (31.205-46 Travel costs. | Acquisition.GOV).

Task 10 – Conference Planning. If requested by the COR, the contractor will provide a conference planner for training/conference. The contractor will research rates to conduct the training/conference according to the parameters provided by the COR in writing. Upon written approval by the CO of the specific items and rates, contractor will secure and pay for these conference/training related items. If deposits are required contractor can immediately invoice SBA. These items will include, but are not limited to meeting space, videographer, light refreshments, and/or a working lunch pursuant to Federal Regulation Guidelines (41 CFR § 301-74.7, 41 C.F.R. § 301-74.11). This will be identified at the task order level.

6.0 Items/Services Being Acquired/Total Price

The Vendor shall provide the Office of Investment and Innovation (OII) SBIC Examinations and Related Services. The Vendor shall furnish all personnel, facilities, equipment, materials, supplies, and services (except as may be expressly set forth in this indefinite delivery/indefinite quantity (IDIQ) contract or any task order (TO) against this IDIQ contract as furnished by the agency) and performance of these requirements in accordance with the Statement of Work (SOW) of this IDIQ contract and all subsequent TOs issued against this IDIQ contract.

THE TOTAL MAXIMUM CONTRACT VALUE, defined as the sum of vendor payment streams associated with all task orders against all master IDIQ contracts, shall not exceed $6,000,000.00.

THE MINIMUM GUARANTEE for the BASE TASK ORDER(S) VALUE for all the IDIQs contract awarded is $5,000.00.

6.1 Authorized Contracting Officer

Any warranted Contracting Officer assigned under the SBA Office of Finance Operations and Acquisition Management may award delivery/task orders against this IDIQ contract.

Ordering procedures for Task Orders (TO): TO’s will be issued within the terms and conditions of the contract based on the fixed rates and labor categories identified at the IDIQs level, the order of limitations clause will flow to the task order(s). The order will be signed by the Contracting officer and issued to the Vendor utilizing an SF1449 form, Solicitation/Contract/Order for Commercial Products and Commercial Services award form that contains the specifics of the delivery. The TO becomes binding when the Contracting Officer signs the Order.

6.2 Required Services

The Government requires (OII) SBIC Examinations and Related Services and seeks to obtain these services using this IDIQ contract.

7.0 Telework Government Furnished Property:

To the extent that the Contractor allows its personnel to telework or requires its employees to work offsite at the Contractor’s facility, hand receipts provided by the Government or other documentation in support of Receipt and Issue System for Government Material shall be required upon issuance of a Government laptop and computer screen. Such laptops and computer screens are Government Furnished Property, and compliance with FAR clause 52.245-1, Government Property is required. The unit acquisition cost of each provided laptop may cost up to $3,000.00. Laptops shall be provided to Contractor personnel within 10-calendar days following an employee’s start date.

8.0 Government furnished Information:

SBA/OII will provide access to the SBIC Infrastructure.

9.0 Security Considerations:

All contractors are required to get moderate risk clearances (background check) by SBA and obtain sba.gov email addresses and PIV cards which are required to access any SBA OII systems. Additionally, both individually and corporately, all individuals working for the contractor on his project are required to sign Non-Disclosure and Conflict of Interest Agreements.

10.0 Staffing

· Prior to removing, replacing, or diverting any of the specified individuals, the Contractor shall notify, in writing, and receive consent from, the Contracting Officer Representative within 30 days in advance of the action and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.

· No diversion of key personnel shall be made by the Contractor without the written consent of the Contracting Officer.

11.0 Key Personnel for the IDIQ are as follows:

Project Manager: The Contractor shall identify a project manager who will be responsible for overall management of the contract and coordination with the Director of SBIC Examinations or his/her designee to ensure successful performance. The Contractor shall cover the cost of the project management. The project manager shall be responsible for having staff to complete the examinations according to the schedule specified by SBA.

Before submitting an examination report, the Contractor shall review and approve all working papers prepared and reviewed by the professional experienced staff (Qualified Staff) provided in support of the work accomplished and proposed findings reported. These working papers will then be used by the Director of SBIC Examinations or his/her designee to determine the adequacy of examination coverage, sufficiency of information included in the working papers, and whether the contract examiner’s reported findings are support by sufficient evidence.

Develop a Roster of Qualified Staff The Contractor shall provide a staff of Examiners, who are now, or will become, competent in SBA’s regulatory requirements for SBICs and are able to operate independently in the field. In addition to staff examiners, the Contractor’s staff shall also include an identified expert examiner. Additionally, the Contractor shall ensure that its examiners have sufficient suitable education and background such that they will not require substantial training beyond that which relates to SBA’s specific examination process (e.g., standard operating procedures, work papers and examination reporting standards).

Prepare Schedule of Work Within 30 days of task order award and receipt of the schedule of examinations, the Contractor shall identify staff to complete each scheduled examination for the next 3-month period, on a rolling basis. This schedule and all changes must be approved by the Director of SBIC Examinations or his/her designee. If additional examinations are requested the number of additional examinations will be identified at the task order level, Contractor shall schedule and begin additional examinations within five weeks of the task order award.

Minimum Experience: At least five years of previous experience within the last five years as a project manager in financial staffing

Contract Examiners (key personnel):

All Contract Examiners should, at a minimum, possess the following qualification; however, SBA may consider other substantially equivalent qualifications, as appropriate. The minimum qualifications for Contract Examiner are:

Due to the technical and mission-related nature of this work, the Director of SBIC Examinations or his/her designate will review the resumes of prospective Contract Examiners at the IDIQ level, including Contract Expert Examiners, to ensure they meet SBA’s requirements. While the Contractor will have control of all of its own hiring, this minimum step of SBA review must be undertaken prior to a Contractor employee performing working pursuant to this contract.

Minimum Education: MBA, CPA, or BS/BA in business administration with at least 24 credit hours in business, including 12, credit hours in accounting. A CPA designation is desirable Minimum Experience: A minimum of 3 years of experience as an SBIC examiner, an FDIC (Federal Deposit Insurance Corporation) examiner, Comptroller of the Currency examiner, SBIC financial analyst, or other relevant experience. At least one year of the experience must have been within the last five years. The contractor must have the availability to perform examinations for at least a period of one year and the availability to complete at a minimum four examinations within any contract period; and lack of a conflict of interest as defined in this SOW and its attachments.

Expert Examiner (Key Personnel) Will provide resumes and a letter of commitment

1. Extensive experience in analyzing complex financial transactions, determining compliance with regulations pertaining to banking, investment, or other financial institution, reviewing complex organizational and capital structures, operating procedures, and policies, evaluating the adequacy of internal controls over large portfolio assets, including the reasonableness of values assigned to portfolio assets

2. Experience as a team leader in designing examination tests, procedures, and methods to use during financial or regulatory compliance examinations

3. Experience as a team leader in reviewing the analytical work, computations, and evaluations of other team members during a financial or compliance examination

4. Extensive experience in applying accounting or auditing principles, practices, and techniques that involve financial transactions and guiding others in applying these during complex reviews of a business enterprise

5. Experience in writing examination reports as an examiner of SBICs, of the FDIC, of the Comptroller of the Currency, of the Federal Reserve, or other U. S. Government regulators of financial institutions, or other equivalent experience; and

6. Knowledge of regulations governing the SBA’s SBIC program (highly preferred).

Minimum Education: MBA or BS/BA in business administration with a minimum of 24 credit hours in business, including 12 credit hours in accounting Minimum Experience: A minimum of five years of relevant experience as an SBIC examiner, FDIC examiner, Comptroller of the Currency examiner, SBIC financial analyst; public accountant or auditor, or other similar experience. At least one year of that experience must have been within the last five years Examiner Qualifications:

1. Experience in analyzing complex financial transactions, determining compliance with regulations pertaining to banking, investment, or other financial institutions, reviewing organizational and capital structures, operating procedures, and policies, and evaluating the adequacy of internal controls over large portfolio assets, including the reasonableness of values assigned to portfolio assets

2. Experience in implementing examination tests, procedures, and methods to use during financial or regulatory compliance examinations

3. Experience in applying accounting or auditing principles, practices, and techniques that involve financial transactions and guiding others in applying these during complex reviews or a business enterprise

4. Experience in writing examination reports as an examiner of SBICs or for the FDIC, Comptroller of the Currency, Federal Reserve, other U. S. Government regulator of financial institutions, or other equivalent experience; and

5. Knowledge of regulations governing the SBA’s SBIC program will be advantageous.

Minimum Education: MBA or BS/BA in business administration with at least 24 credit hours in business, including 12, credit hours in accounting Minimum Experience: A minimum of three years of relevant work experience as an SBIC examiner, FDIC examiner, Comptroller of the Currency examiner; SBIC financial analyst; public accountant or auditor; or other similar experience. At least one year of that experience must have been within the last five years Subject Matter Expert (e.g., expert in Business Development Company, Private Equity Securities Agreement, Corporate governance, Secondary and/or Special Private Equity Sale, Specific industries). The necessary qualifications will be determined at the task order level.

12.0 Other Direct Cost (ODC)

all ODCs are to be factored into the hourly rates, however, if travel is required it will be identified at the task order level and will be on a reimbursable basis IAW the travel regulation.

13.0 Performance Standards

The acceptable quality levels (AQLs) included in the table below, performance standards summary, for contractor performance are structured to allow the contractor to manage how the work is to be performed while providing negative incentives for performance shortfalls. The levels of performance are keyed to the relative importance of the task in relation to the overall mission performance. For certain critical activities, such as those involving existing technologies to create ways to ensure response rates for uploading Dashboards. Other levels of performance are keyed to the relative importance of the task in relation to the overall mission performance.

All written reports shall be timely, well-written, and of a high analytical quality. SBA reserves the right to terminate a Contractor for cause if Contractor fails to comply with any aspect of the contract, including compliance with all quality and performance standards, such as timely delivery of all services and deliverables. Final reports shall be error-free and incorporate feedback from SBA personnel. Reports and charts shall be of a high professional quality.

All reports shall demonstrate a comprehensive understanding of both the exam requirements and the SBIC under examination. The standard of comprehensive understanding shall be that of a professional exercising appropriate and reasonable, care, diligence, and skill. All reports shall be structured in a format consistent with the Examinations SOP, or as otherwise approved by SBA OSE. Final work papers and reports shall be substantially accurate and free from material error.

If the Contractor fails to meet the quality and performance standards under this contract, SBA has the right to discontinue making further assignment of examinations to the Contractor. Although not an exhaustive list, the following are examples of failure to meet the quality and performance standards:

· Work papers or reports contain significant errors, such as incorrect data or factually incorrect information

· Work papers or reports are incomplete and/or fails to cover all required examination activities

· Draft or final reports are delivered after the deadline; and

· SBA feedback on a draft report is not addressed or incorporated into the final report.

The following table identifies the most important aspects of the examination processes and provides acceptable performance thresholds.

Contract Office Representative (COR)

Each task order will have periodic evaluations by SBA’s COR to monitor customer satisfaction as to Contractor’s overall performance and business relations, and the quality and timeliness of its examinations.

14.0 Service Delivery Terms.

a. Place of Performance. Work will be performed remotely at the Vendor’s facility or remotely until the Vendor is notified by the Government that Government facilities are available for onsite performance. Exceptions to this requirement may be identified in individual orders.

b. Travel. If travel is required, it will be identified at the Task Order level.

c. Hours of Performance. The Vendor shall perform work in support of orders against this task order between the core hours of 7:00 am and 5:00 pm ET (not to exceed 8.3 hours of work per day, which includes a 30-minute lunch break) local time. No overtime is allowed under this task order

d. Period of Performance (POP).

The POP for this IDIQ is one (1) 12-month base-year and four (4) one-year option periods. Each task order will have its own POP.

e. Contract Type. The contract type will be determined at the task order level.

f. Tasks. Tasks will be identified in the individual Task Orders (TOs) level.

g. Deliverables. Deliverables will be specified at the task order level.

15.0 Place of Performance

100% Virtual/Remote telework. The COR may require the vendor to go into the office.

16.0 Teleworking

Definition. The Telework Enhancement Act of 2010 defines telework as "a work flexibility arrangement under which an employee performs the duties and responsibilities of such employee's position, and other authorized activities, from an approved worksite other than the location from which the employee would otherwise work."

16.0.1 In practice, "telework" is a work arrangement that allows an employee to perform work, during any part of regular, paid hours, at an approved alternative worksite (e.g., home, telework center). This definition of telework includes remote work but does not include any part of work done while on official travel or mobile work. Remote work is teleworking whereby the employee resides and works at a location beyond the local commuting area of the employing organization's worksite or to describe a full-time telework arrangement. Mobile work is not teleworking and is characterized by routine and regular travel to conduct work in customer or other worksites as opposed to a single authorized alternative worksite. Examples of mobile work include site audits, site inspections, investigations, property management, and work performed while commuting and traveling between worksites.

16.0.2 There are two types of telework: routine and situational or ad-hoc. Routine telework is ongoing, regularly scheduled full or part time scheduled telework. Situational or ad-hoc telework is unscheduled telework approved on an occasional, one-time, irregular, or temporary basis. Unscheduled telework is typically utilized to facilitate continued work performance as a result of situations such as special work assignments, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

16.0.3 Telework Training. The Vendor is responsible to determine telework training requirements and approve or disapprove teleworking by its employees if telework. Although utilization is not required, Vendors may utilize Government telework training available at no cost at the Office of Personnel Management (OPM) website www.telework.gov.

16.0.4 Authorization to Telework. The Vendor shall ensure continuous successful performance of contract or order requirements. Telework is primarily an arrangement established to facilitate the accomplishment of work within business-related, operational needs and constraints. The Vendor is responsible to ensure onsite participation in meetings and other collaborative venues as appropriate or requested by the Government. The Vendor is responsible to ensure employee productivity in completing tasks specific to the supported contract or order during all hours, including telework hours charged to the Government against the contract or order.

a. The Government has determined that the tasks required to be performed in support of this contract or order ☒ are ☐ are not conducive to performance via routine full or part time teleworking. If conducive, the Vendor is authorized to allow its employees to telework. This authorization is subject to revocation if the Vendor fails to ensure successful employee performance while teleworking.

b. In addition to remedies provided in FAR Part 45, telework authorization is also subject to revocation if the Government determines that Government property or Government information is misused or unprotected or potentially misused or unprotected. If Government facilities are unavailable and telework for one or more Vendor employees is not authorized by the Vendor, the Vendor shall submit a proposed solution for continued successful contract or order performance to the CO. Proposed solutions shall clearly identify and detail any impacts to price, schedule and performance.

17.0 Onsite Government Facility Non-Availability. Government facilities may be closed by OPM, United States Presidential Executive Order, or other official Government means. Facilities may also be closed on a per-Agency, per-facility, per-office, or other basis at the Government’s sole discretion. Regardless of the conduciveness of the tasks to teleworking, the Government may notify the Vendor that onsite Government facilities are not or are no longer available. In that event, the Vendor shall immediately notify the CO in writing of either its plan or its inability to continue contract or order performance in accordance with contract or order requirements. Plans shall clearly identify and detail any impacts to price, schedule and performance.

18.0 Information Security Requirements. The Vendor shall ensure compliance with SBA information security requirements as specified in Standard Operating Procedure (SOP) 90 47 5, Information Technology Security Policy. Reference Attachment 6- Instructions to Offerors – Cybersecurity and Supply Chain Risk for IT Acquisitions.

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

a. Data. All electronic data and documentation provided or made accessible by the Government, and all electronic data and documentation produced during performance of the services associated with this award are the property of, and are owned solely by, the Government and is considered confidential.

i. The Vendor shall not disclose to anyone and must safeguard all data and personnel work products that are obtained or generated in the performance of this contract. The Vendor shall not access data or documentation that is not required in the performance of services awarded via this contract/TO, even if the data or documentation is available to Vendor personnel. The Vendor shall immediately report any instance of non-compliance with this requirement to the CO.

ii. The Government may authorize Vendor 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 Vendor in performance of the contract. The Vendor shall provide immediate written notification to the CO if a breach of any of the requirements in this section occurs.

iii. The Vendor 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 Vendor is cautioned that its employees and sub-Vendors have no blanket authorization for access to Government information based on their employment status.

iv. Government data, including electronic data, shall not be removed from the Government facility without the express permission of the CO or the CO’s…