B08_Solicitation_Attachment_1_PWS.pdf

Performance Work Statement Acquisition Support Services

Bureau of Indian Education Division of Acquisitions

November 2022

1. General

This is a commercial, non-personal, time & material services contract to provide Acquisition Support Services to the Bureau of Indian Education (BIE). The Government will not exercise any supervision over the contract service providers performing the services herein.

1.1. Description of Services/Introduction: The contractor shall provide all personnel, facilities, supervision, and other items not specifically laid out herein as Government furnished equipment or information, and non-personal services necessary to perform Acquisition Support Services in support of the Department of the Interior (DOI), BIE as defined in this Performance Work Statement (PWS). The contractor shall perform to the standards in this contract.

1.2. Background: The United States has a unique legal and political relationship with Indian tribes and Alaska Native entities as provided by the Constitution of the United States, treaties, court decisions and Federal statutes. Within the government-to-government relationship, Indian Affairs provides services directly or through contracts, grants, or compacts to 567 federally recognized tribes with a service population of about 1.9 million American Indian and Alaska Natives. While the role of Indian Affairs has changed significantly in the last three decades in response to a greater emphasis on Indian self-governance and self-determination, Tribes still look to Indian Affairs for a broad spectrum of services.

Currently, there are 185 Bureau-funded elementary and secondary schools, located on 64 reservations in 23 states, serving approximately 46,000 Indian students. Of these, 55 are BIE-operated schools (BOS) and 130 are tribally controlled schools (TCS) under BIE contracts or grants. The Bureau also funds or operates off-reservation boarding schools and peripheral dormitories near reservations for students attending public schools. The BIE also serves American Indian and Alaska Native postsecondary students through higher education scholarships and support funding for tribal colleges and universities.

The BIE directly operates two postsecondary institutions: the Haskell Indian Nations University (HINU) in Lawrence, Kansas, and the Southwestern Indian Polytechnic Institute (SIPI) in Albuquerque, New Mexico.

It is the responsibility of the Division of Acquisitions to procure directly for all BOSs and some TCSs. The Division of Acquisitions provides procurement services to the schools and offices within the BIE for requirements that are governed by the Federal Acquisition Regulation (FAR) process. BIE Acquisitions executes a wide range of contracts covering requirements from services to products, to construction, and architect & engineering (A&E) services. Acquisitions strives to provide timely contract support services to all offices and schools, to maximize procurements under the Buy Indian Act to promote economic development in Indian Country, and to maximize competition and small business awards.

Support under the Division of Acquisitions and ultimately this contract may cover any BIE location in the country. Due to changing needs of the schools, funding variations and many other variables, the Division of Acquisitions requires quality services with the ability to scale up or down quickly based upon the office’s current need.

In fiscal year (FY) 2022, the BIE, Division of Acquisitions executed over 3,700 contract actions totaling over $238 million in obligations.

1.3. Objective: This requirement is to provide a wide range of professional acquisition and contract support services to the BIE in the areas of requirement development, pre-award acquisition planning, source selection, cost/price analysis, contract administration and management, assist with the preparation and issuance of contracts, delivery orders, modifications, and management of various contractual vehicles.

The acquisition and contract support services provided under this contract will include acquisition of a variety of contract types, including but not limited to; construction, Architect Engineering (A&E), construction management, logistical support, information technology systems and support, and various professional and analytical support, as well as routine goods & service contracts that each school may require. The types of goods & services include but is not limited to; IT products and services, food & dairy, curriculum, wireless service, communications equipment and supplies, special education services, therapists, teachers, coaches, and all other operation contracting support required by the school. The work performed shall be in conformance with all Government regulations and policies including the Federal Acquisition Regulation (FAR), the Department of the Interior Federal Acquisition Regulation Supplement (DIARS) and other agency supplemental regulations as appropriate.

2. Scope

2.1. Specific Tasks:

2.1.1. Contract Execution Support: The contractor shall provide personnel and resources to provide efficient and cost-effective acquisition support services for the requirements described herein. The support may range (not all inclusive) in the following contract types and categories. It is the complete responsibility of the contractor to ensure their personnel have the requisite knowledge and understanding of the applicable regulations, policies and other guidance that applies to their assigned actions.

• FAR 8, Required Sources of Supplies and Services

• FAR 12, Commercial Acquisitions

• FAR 13, Simplified Acquisition Procedures

• FAR 15, Contracting by Negotiation

• FAR 16, IDIQs, LH, FFP, T&M, Task Orders

• FAR 18, Emergency Acquisitions

• FAR 19, Small Business Acquisitions

• FAR 36, Construction and A&E

• FAR 37, Service Contracting

• FAR 39, Acquisition of Information Technology

• FAR 41, Utility Services

2.1.1.1. Tracker Entries: The contractor personnel shall input tracker updates, at a minimum of at least once per week, for all assigned actions (no later than Tuesdays by 12pm MT). The contractor may require additional updates to meet mission objectives and is encouraged to keep the tracker updated in real-time. All updates shall be accurate and complete.

2.1.1.2. Assignment Acknowledgements: Contractor personnel shall respond to all phone and email inquiries within 1 business day of receipt. Contractor personnel shall notify the program no more than 2 business days after all formal PR assignments.

2.1.1.3. Requirement Documentation Development: Provide advice, recommendations, and document support to multiple offices in all areas of the acquisition requirements phase. Contractor support personnel shall coordinate with the BIE and their client offices on all requirement support services.

Requirements support includes, but not limited to:

Statements of Work/Specifications/Requirements Documents. Assist in development and preparation of pre-award Statements of Work (SOW), Statements of Objective (SOO) and other requirements documents. This effort includes assisting program offices in researching and drafting specifications and standards, including Performance-based Work Statements (PWS);

developing performance measures, providing consultation and recommendations; and coordinating requirements documents.

Outputs: SOWs; SOOs; PWSs; and related documents.

Acquisition Strategy Support. Provide advice and recommendations for all elements in acquisition plans, including approaches, options, strategies, risks, contracting methods, competition, sources, cost, milestone schedule, etc.

Research existing Government- wide contracts for available products and services. Evaluate different approaches to and sources for acquisition support.

Research available suppliers and compare the services and costs of obtaining support from the different providers. Assist with Economy Act applicability determinations.

Outputs: Written acquisition plans.

Independent Government Cost Estimates (IGCE). Contractor shall provide assistance to the program offices in preparing IGCEs. Such assistance may include; and is not limited to, research and analysis of past purchases of similar products or services, current market value of the products or services, other agency purchases of similar products and services.

Outputs: IGCEs.

Market Research and Market Surveys. Assist in conducting market research to identify potential sources and contract vehicles. Potential sources should include socioeconomic program participants (i.e., ISBEE, IEE, small businesses, small and disadvantaged businesses, HUB Zone businesses).

Potential vehicles should include GSA Schedule vendors, Government-wide Agency Contracts, and other agency contracts. Conduct market surveys, issue sources sought notices, conduct small business dynamic searches, and prepare written documentation of market research. Support program offices in documenting small business capability analysis. Prepare SAM and other electronic posting announcements.

Outputs: Market research documentation; SAM and other electronic posting announcements; small business capability analyses, Buy Indian documentation/deviations.

2.1.1.4. Pre-award Documentation and Source Selection: Assist in evaluation process and assure written documentation to support both informal and formal source selection procedures. If formal source selection procedures are used - Prepare Source Selection Plans, assist with identification of SSEB members, instruct SSEB members on roles and responsibilities, ensure Conflict of Interest/Nondisclosure Forms are signed, prepare evaluation sheets, and prepare draft of Source Selection Decision Memorandum. Other pre-award documents such as Determinations and Findings (D&Fs), Justifications and Approvals (J&As), and other necessary contract and financial assistance file documents.

Outputs: Source selection evaluation documentation; D&Fs; J&As; Small Business Administration (SBA) nomination letters; and other necessary contract file documents.

Solicitations. Prepare Request for Quotes (RFQs), Request for Proposals (RFPs) including two-phased design/build solicitations, and Combined Synopsis/Solicitations using the FBMS system. Assure the solicitation includes all appropriate solicitation terms and conditions. Recommend and prepare unique terms and conditions as required. Prior to release of solicitation, verify that funds are available and obtain legal concurrence. Release solicitation by electronic posting or other approved method.

Outputs: Solicitations.

2.1.1.5. Contract Award: Work with evaluators and Contracting Officer (CO) to identify pre-negotiation objectives and assist the CO with discussions with

Offerors. Prepare final contract award documents for task and delivery orders and stand-alone contracts and financial assistance in FBMS, and Contracting Officer Representative (COR) designation letters. Obtain legal concurrence.

Distribute contract to appropriate parties. Report contract actions either directly into the Federal Procurement Data System (FPDS), or to FPDS via

FBMS.

Outputs: FPDS-NG Reporting documentation, Contract file documentation.

2.1.1.6. Post-award Support: Prepare appropriate documentation for contract modifications, including the exercise of options, using FBMS. Monitor contractor performance, including deliverables, schedules, and milestones.

Monitor contractor compliance with terms of the contract, including site visits and labor interviews. Assist in the resolution of performance problems. Process contractor invoices, including contract funding status management. Provide contract close-out support.

Outputs: Modifications, award or incentive fee determinations, invoice packages, correspondence, COR designations.

2.1.1.7. Miscellaneous Support: The contract personnel at times will be required to coordinate, lead, or participate in outreach and training events, such one-on-one school planning sessions, weekly BIE-wide trainings, or other activities associated with supporting BIE schools from an Acquisition standpoint.

2.1.2. Systems & Tracking Support: The contractor is responsible for internal acquisition systems, tracking mechanisms, and reporting.

2.1.2.1. PRISM Assignments: The contractor shall ensure that unassigned purchase requests (PRs) are cleared from PRISM at least three (3) times per week, assigned in accordance with the pre-established procedures and loaded into the established PR tracker. The contractor shall designate a back-up in the system if the primary is out or vacant to ensure continuity of operations.

2.1.2.2. PR Tracker Maintenance: The contractor shall maintain the PR tracker by adding PRs and other actions as applicable to it by request. The contractor shall clear actions from the open tab as applicable regularly (no less than 3 times per week). The contractor shall make recommendations for improvements to leadership and implement approved changes.

2.1.2.3. Contract Inventory Log Maintenance: The contractor shall maintain an inventory log of all service and construction contracts. The contractor shall make recommendations for improvements to leadership and implement approved changes.

2.1.2.4. Reporting: The contractor shall review the commitment report, open PR report, UDO report, PoP expiring reports and take appropriate action for each to include adding applicable actions to the PR tracker, developing additional trackers, coordinating efforts within the team and other necessary actions to achieve the desired results.

2.1.2.5. Miscellaneous: The COR in conjunction with the PM, may identify additional work related to systems, spreadsheets, reporting or the like that may require to be completed. For those future identifications, appropriate deadlines, processes, etc. will be established and agreed upon between the parties.

2.1.3. Program Management Support: The Contractor shall contribute to technical working group and meetings, and program management reviews. The Contractor shall analyze plans and programs, integrate with internal offices accomplishments, and participate in strategic planning activities. The Contractor shall address all their staffing issues; contribute to audit finding and recommendations; analyze requirements; track progress and review current requirements to streamline processes and procedures, review current workloads to determine strategic acquisition approaches. The Contractor shall provide technical assistance.

The Contractor shall manage and oversee the activities of all Contractor personnel used in performance of this effort, to include task assignment, timecard and leave approval. The Contractor shall develop and maintain a flexible hierarchal management structure that will allow adequate oversight of both employee activities and work products.

The Contractor shall designate in writing, an alternate who will be the secondary technical interface with BIE Acquisition leadership in the absence of the designated Project Manager. The Project Manager or alternate must be able to be contacted at any time and have authority to meet with Leadership, Contracting Officers or CORs to discuss and resolve contract matters related to daily operations. The Project Manager shall be responsible for the overall performance under this contract by monitoring the performance of all in-theater employees, providing general logistical support, and accepting the overall responsibility for the safety, welfare, and morale of all assigned Contractor personnel.

The contractor shall not exceed a staff turnover rate of more than 20% on an annual basis. The contractor is responsible to ensure personnel timelines identified within this document are met on a recurring basis. The contractor shall strive to minimize turnover and gaps in coverage.

The contractor is responsible to ensure that to the maximum extent possible, the following areas are met within their team, and that all compliance areas either governed by the FAR, DIAR, policy or other guidance is met.

• Procurement Administrative Lead Time (PALT) as established by the IA, Head of Contracting Activity (HCA) and BIE, Chief of the Contracting Office (CCO).

• Acquisition Management Review (AMR) pass rate as established by DOI.

• Small Business (SB) goals as established by DOI.

• Competition goals as established by DOI.

• Buy Indian goals as established by IA, HCA.

The program manager shall also be responsible for planning and coordinating annual one-on-one schools planning sessions in a format approved by acquisition leadership. The program manager may also be required to participate in, lead or coordinate acquisition related outreach events and trainings, such as weekly BIE-wide trainings or other events.

3. Personnel

3.1. Labor Category Qualifications & Other Information: The following labor categories are covered under the contract. Each labor category identifies applicable education, experience, certifications, duties & responsibilities, and contract action quotas under the contract.

3.1.1. Contract Specialist I

Experience: 2 years relevant acquisition related experience. Knowledge and exposure to different contract types. Some exposure to the FAR Education: Bachelor’s degree or equivalent Certification: FAC-C I or equivalent desired.

Annual Contract Action Quota: 150 contract actions if supporting G&S.

Duties & Responsibilities: Performs actions outlined in section 2.1.1. of this PWS as applicable for assigned actions. The individual will mainly be assigned to deobligations, closeouts, and modifications. However, at times the individual may work on simplified acquisitions under the direction of another CS or PM.

Required Knowledge: The individual shall possess the requisite knowledge required to perform the duties under this contract.

3.1.2. Contract Specialist II

Experience: 4 years relevant acquisition related experience.

Education: Bachelor’s degree or equivalent Certification: FAC-C I or equivalent desired.

Annual Contract Action Quota: 150 contract actions if supporting G&S.

Duties & Responsibilities: Performs actions outlined in section 2.1.1. of this PWS as applicable for assigned actions. The individual will mainly be assigned to k-12 school support and work mainly on simplified acquisitions, task orders, utilities, modifications, options, deobligations, and closeouts. Most CSIIs will be assigned to a CO to jointly support a set of schools.

3.1.3. Contract Specialist III (Goods & Services)

Experience: 6 years relevant acquisition related experience.

Education: Bachelor’s degree or equivalent Certification: FAC-C II or equivalent desired.

Annual Contract Action Quota: 150 contract actions if supporting G&S.

Duties & Responsibilities: Performs actions outlined in section 2.1.1. of this PWS as applicable for assigned actions. The individual will mainly be assigned to k-12 school support and work mainly on simplified acquisitions, task orders, utilities, modifications, options, deobligations, and closeouts.

3.1.4. Contract Specialist III (Construction and A&E) *Key Personnel Experience: 6 years relevant acquisition related experience with at least 1 year at the GS-13 or equivalent grade level, and at least 3 years working directly on FAR part 36 actions.

Education: Bachelor’s degree or equivalent Certification: FAC-C II or equivalent desired.

Annual Contract Action Quota: Due to the anticipated nature of assignments, a minimum annual action quota is not established.

Duties & Responsibilities: Performs actions outlined in section 2.1.1. of this PWS as applicable for assigned actions specific to construction and A&E contracting. The individual will serve under the construction and A&E team and may serve any school or office within BIE. The individual may also work on goods & service type contract actions if required to meet mission objectives.

3.1.5. Contract Specialist IV (Goods & Services) *Key Personnel Experience: 8 years relevant acquisition related experience with at least 1 year at the GS-14 or equivalent grade level.

Education: Bachelor’s degree or equivalent Certification: FAC-C III or equivalent desired.

Annual Contract Action Quota: Due to the anticipated nature of assignments, a minimum annual action quota is not established.

Duties & Responsibilities: Performs actions outlined in section 2.1.1. of this PWS.

The individual will serve as a CS on bureau-wide and major BIE acquisitions (e.g.

IT Systems, IDIQs and BPAs, Performance contracts and the like). The individual may also serve as the back-up PM, back-up or overflow support to K-12 and higher Ed schools. The individual is required to have substantial acquisition knowledge and expertise to be able to handle any type of Good or Service type contract that the Bureau may have, at all dollar values (not expected to exceed $50 million) and all complexities. Experience in IT contracting, and knowledge in FITARA and FedRAMP as well as other related IT acquisition regulations and policies is required. Experience and knowledge in establishing IDIQs and T&M/LH type contracts is required.

to perform the duties under this contract.

3.1.6. Contract Specialist IV (Construction and A&E) *Key Personnel Experience: 8 years relevant acquisition related experience with at least 1 year at the GS-14 or equivalent grade level, and at least 4 years working directly on FAR part 36 actions.

Education: Bachelor’s degree or equivalent Certification: FAC-C III or equivalent desired.

Annual Contract Action Quota: Due to the anticipated nature of assignments, a minimum annual action quota is not established.

Duties & Responsibilities: Performs actions outlined in section 2.1.1. of this PWS as applicable for assigned actions specific to construction and A&E contracting. The individual will serve under the construction and A&E team and may serve any school or office within BIE. The individual may also work on goods & service type contract actions if required to meet mission objectives.

Required Knowledge: The individual shall possess the requisite knowledge required to perform the duties under this contract.

3.1.7. Acquisition Specialist II (Systems) *Key Personnel

Experience: 2 years relevant acquisition related experience, and 2 years experience in systems, spreadsheets, trackers and or other areas to prepare the individual to work in, maintain and improve acquisition tracking systems and functions.

Education: Bachelor’s degree or equivalent Certification: FAC-C I or equivalent desired.

Annual Contract Action Quota: N/A Duties & Responsibilities: Performs actions outlined in section 2.1.2. of this PWS.

The individual will also serve as a backup or overflow support to K-12. The individual may be involved in mass task ordering such as Kajeets, Food & Dairy or Computers.

Required Knowledge: The individual shall possess the requisite knowledge required to perform the duties under this contract.

3.1.8. Acquisition Program Manager *Key Personnel

Experience: 10 years relevant acquisition related experience with at least 2 years at the GS-14 or equivalent grade level, and at least 4 years in a supervisor or Sr. Lead role.

Education: Bachelor’s degree or equivalent Certification: FAC-PPM II or equivalent desired. FAC-C III or equivalent desired.

Annual Contract Action Quota: N/A Duties & Responsibilities: Performs actions outlined in section 2.1.3. of this PWS.

The individual is responsible for the management, supervision, oversight, and training of all contractor personnel under the contract. The individual is responsible for ensuring deadlines are met, tasks are completed, reports are submitted, goals are met and all other areas under the contract. As needed, they shall serve as a Sr. CS for actions covered under section 2.1.1. in order to meet mission objectives.

3.2. Waiver and Approval Process: Certain requirements may be waived for individual resources staffed to the contract. In these cases, the waiver process will be initiated via written request from the contractor to the Contracting Officer.

The government may consider a waiver of certain education, training, or experience requirements identified herein on a case-by-case basis. The contractor will perform a gap analysis and submit an individual development plan in conjunction with its written request for approval of an individual resource’s waiver.

Each request will identify a specific duration for the waived requirement(s), and the labor category/billable rate during the waived period and upon expiration. The contractor will obtain acknowledgement from the associated personnel that failure to complete the required education, training, or experience requirements with the prescribed timeframe may jeopardize continued employment.

3.3. Training: The contractor is expected to identify qualified resources that already possess the required training or certifications for each of the positions described herein. Since the field of federal acquisition is undergoing rapid change and to ensure the Government maintains pace with these changes, the Government may, at its sole discretion, permit acquisition support personnel to attend training or coursework that it deems beneficial for the agency (i.e. to maintain continuing education requirements for existing federal acquisition certifications) with written notice and approval from the COR. When this occurs, the contractor would be responsible for the associated tuition (payable from its overhead) and the government may authorize time spent by personnel to attend this beneficial training as a billable cost to the contract. All training costs incurred in this manner are subject to FAR 31.205-44—Training and Education Costs.

Onboarding training will consist of at least IT FISSA/Security Awareness training, FBMS, PRISM and eFiling Training.

Annual training may consist of IT FISSA/Security Awareness, Ethics, Safety, and other related trainings required by agency or local policy, or guidance.

3.4. Substitution of Personnel: All Contractor requests for approval of substitutions hereunder shall be submitted in writing to the COR and the Contracting Officer in accordance with the personnel timeline table herein in advance of the effective date, whenever possible, and shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute, and any other information requested by the Contracting Officer necessary to approve or disapprove the proposed substitution. The COR and the Contracting Officer will evaluate such requests and promptly notify the Contractor of approval or disapproval in writing.

The Government reserves the right to review the technical skill and competence of any personnel and to require the personnel’s replacement if the individual’s qualifications or performance are judged deficient at any time with written notification.

The Government reserves the right to review the qualifications and acceptability of any personnel proposed by the contractor for any position and may require the contractor to replace personnel whose qualifications and suitability are judged deficient with written notification.

3.5. Key Personnel: The following positions are designated as Key Personnel under the contract:

• Contract Specialist III Goods & Services

• Contract Specialist III Construction and A&E

• Contract Specialist IV Goods & Services

• Contract Specialist IV Construction and A&E

• Acquisition Specialist II (Systems)

• Acquisition Program Manager (APM)

The Contractor shall notify the Contracting Officer and COR prior to making any change in personnel. Prior to substituting personnel, the Contractor shall submit reason and justification to substitute key personnel to the Contracting Officer at least 30 calendar days prior to the substitution. Justification shall be made in sufficient detail. A replacement’s resume shall be submitted within 10 days after the contractor becomes aware of impending vacancy to permit resume evaluation. Substitution shall not be made by the Contractor without notification and approval of the Contracting Officer. The Contractor shall demonstrate to the satisfaction of the Contracting Officer that the qualifications of the prospective personnel are in accordance with the PWS.

The Government requires from the contractor to identify key personnel for the total period of the project. The contractor must ensure the continued assignment of key personnel from project start to project finish. In the event key personnel becomes incapacitated or leaves the company, or is promoted to another position, it is the responsibility of the contractor to have qualified and/or cleared (if required) individuals on staff to accomplish the task with a minimal learning curve.

For temporary and/or permanent replacement key personnel, the contractor shall provide a resume for each individual prior to that individual’s reporting for work on this requirement.

3.6. Contractor Personnel: The contractor shall not employ persons for work on this contract if such employee is identified to the contractor by the CO or personnel security as a potential threat to the health, safety, security, general wellbeing or operational mission of the installation and its population. When onsite at a Government location, contractor personnel shall present a professional appearance and be easily recognized as contractor employees. This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges, which contain the company name and employee name in English. The contractor shall not employ any person if employing that person would create a conflict of interest.

In the event the Contractor's personnel performance is unsatisfactory, the Government reserves the right to request and receive a satisfactory replacement. In the event of a vacancy due to an employee leaving the contract, the contractor shall be responsible for replacing the employee as quickly as possible.

3.7. Personnel Timelines: The following timelines are the allowable timeframes under the contract to backfill positions, as well the required notice that a position will be vacated.

It is the contractor’s complete responsibility to notify the government in advance of their employee’s departure, as well as backfilling positions in a timely manner for all areas that are within their control. The Government reserves the right to partially terminate the contract for cause if timeframes under this section are not met. While there are variables outside of the contractor’s control to fill positions in a timely manner such as Acts of God, the contractor will not be provided leeway due to their inability to recruit candidates, retain personnel, pay personnel a competitive rate or any other area that is within the direct control of the contractor.

Responsibility Category Key Personnel Non-Key Personnel

Contractor Notice of Vacancy 30 days in advance of departure.

21 days in advance of departure.

Contractor

Identify acceptable replacement

10 days after notice of vacancy.

15 days after notice of vacancy.

Contractor Complete Background investigation (BI) paperwork

5 days after receipt of documentation to complete.

5 days after receipt of documentation to complete.

Government Background Investigation

4 weeks after receipt of complete package.

4 weeks after receipt of complete package.

Contractor PIV Schedule/Pick-up

2 weeks after BI clearance

2 weeks after BIE clearance

Government Image & Ship Equipment

2 weeks after individual clears BI.

2 weeks after individual clears BI.

Contractor Start work under the contract

Start within 3 business days after receipt.

Start within 3 business days after receipt.

Unless otherwise noted, days are in calendar days. The categories above for Government responsibilities represent best estimates based upon historical timeframes.

3.8. Identification Requirements: All contractor personnel attending meetings, answering calls while in a work capacity, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression to the public that they are Government officials. They shall also notate contractor within their email signature blocks.

3.9. Non-Disclosure Agreements: All contract personnel shall be required to sign an NDA prior to starting under this contract. The NDA will be provided by the Government.

Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officers. The Contractor shall protect the confidentiality of non-public Government information.

Pursuant to FAR 9.505-4, which governs Contractor’s obtaining access to proprietary information, the Contractor’s employees under this effort shall identify their access to proprietary information to other companies, and the Contractor shall execute nondisclosure statements with the other companies in accordance with (IAW) FAR 9.505-4(b). The Contracting Officer may require disclosure of Contractor access to proprietary information in any solicitations resulting from services performed under this contract for acquisition support services and execution of a nondisclosure agreement prior to the solicitation closing date. The Contractor shall furnish copies of properly executed non-disclosure agreements to the Procuring Contracting Officer for the acquisition involved.

4. Deliverables

4.1. The following table outlines specific deliverables required under this contract. Some are further defined throughout the PWS, others are only listed below.

Deliverable Content Frequency

Quality Control Plan See section 8. To be submitted electronically in Word and Pdf.

30 days after award, annual thereafter

Acquisition Program Manager Report

The contractor shall submit a report for each APM position no later than the 5th of each month. The report shall cover the previous month and at a minimum include the following:

i) Overview of previous month’s accomplishments

ii) Current action items for the position

iii) Next month’s accomplishment goals and or tasks

5th of each month

The expected level of effort for this report is approximately 2 pages for each APM position funded under the call order.

Inventory Tracker The contractor shall be responsible for maintaining an inventory tracker of all service and construction contracts. At a minimum the tracker shall capture the following information:

• Contract Number

• Parent Contract Number

• Requirement Title

• Requiring office

• School

• Contract Type

• Acquisition Team

• Points of Contact (CS, CO, COR)

• Period of Performance Information

• PoP Start

• PoP End

• Option Years

• Contract Year

• Active

• Award Value

• Total award

• Base plus option prices *A current inventory tracker is built out that the contractor can use and maintain to meet this requirement.

Ongoing, update at least twice per month

Tracker Maintenance The contractor shall maintain, update and improve upon the current PR workload tracker already in place. All changes require prior Government approval.

Ongoing, daily as needed

Tracker PR Entry & PRISM assignments

The contractor shall be responsible for maintaining the PR tracker currently in place. All PRs shall be input into the tracker and other actions as required where a formal PR in FBMS was not submitted.

The contractor shall be responsible for assigning PRs out in PRISM and clearing the pending PR queue at a minimum three (3) days per week – ideally Monday, Wednesday and Friday. The assignments shall be in accordance with the pre-established school assignments provided to the contractor. The contractor may adjust the workload of their team as needed to meet the terms of the contract. If the contractor’s primary PR assigner is out, they shall identify a backup assigner to step-in. The primary shall not be the Acquisition Program Manager due to the timeliness of this task.

Ongoing, at least 3 times per week

PoP Expiring Report The contractor shall review the PoP expiring action report monthly and enter (on the PR tracker) all upcoming actions set to expire no later than the 10th of each month.

10th of each month

UDO Report The contractor shall review the UDO report on a quarterly basis and track which actions require deobligations and then enter those on the PR workload tracker.

Quarterly

Commitment Report The contractor shall review the commitment report on a monthly basis and identify PRs that have residual balances, are no longer required, and request that the line be closed-out.

Monthly.

Efficiency Report The contractor shall submit an annual efficiency report to BIE Acquisition leadership that outlines areas where efficiencies can be realized, recommendations for improving and

Annual, NLT Oct 31st of each year implementing efficiencies and any other areas or recommendations they may have.

Burn Report The contractor shall submit quarterly burn reports to outline total charged hours to-date, and projected hours to-be worked for the current year.

Quarterly

5. Administrative

5.1. Period of Performance (PoP): The period of performance will be for a base year of 12 months plus two (2) 12-month option periods. Estimated start date is January 5, 2023.

5.2. Travel: Travel may be required during the contract to any Indian Affairs (IA) location.

Travel will be governed and reimbursed in accordance with the federal travel regulations (FTR). All travel requires prior COR authorization and approval.

5.3. Holidays: The Government will be closed on federal holidays, which include all the following:

• New Year’s Day Labor Day

• Martin Luther King Jr.’s Birthday Columbus Day

• President’s Day Veteran’s Day

• Memorial Day Thanksgiving Day

• Juneteenth Christmas Day

• Independence Day

On occasion, the Government is closed on other days due to presidential declarations, national emergencies or other directives, in those instances the contractor shall follow suit.

5.4. Daily Support: Below are the requirements for daily support under the contract.

5.4.1. Hours of Operation: The contractor is responsible for conducting business between the hours of 6:00am and 6:00pm mountain time (MT), Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor shall not be reimbursed when the government facility is closed for the above reasons. The Contractor shall always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

5.4.2. Support: The contractor shall provide daily support when the Government is open of at least 80% of all funded positions throughout the course of the contract.

5.4.3. Yearend Support: The contractor shall provide daily support when the Government is open of at least 90% of all funded positions during yearend which is defined as August and September of each year.

5.4.4. Exceptions: The contractor may flex their staff’s hours on an occasional basis to deviate outside of the noted hours above without specific approval. Recurring exceptions will require Government approval. For daily support percentages, exceptions are granted around holidays.

5.5. Place of Performance: The place of performance is at the contractor’s location. The

Government does not have space available to have the contractor work onsite.

Contractors will work remotely under this contract.

5.6. Type of Contract: Time and Materials (T&M). All labor hours shall be fully burdened labor rates.

5.7. Security Requirements:

5.7.1. Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

5.7.2. Personnel Security: All personnel funded under the contract shall undergo a background check through the applicable Government personnel security office. All personnel must clear the background check prior to being chargeable to the contract and receiving Government furnished equipment. See the security clearance clause for more information.

5.8. Non-Compete Clause: Due to the nature of this requirement, the successful contractor may not hold another contract with BIE during the life of this contract. The contract support provided under this contract requires that the contractor have the ability to be involved in any acquisition that BIE may require. To avoid unfair competitive advantages, conflicts of interest or the like, the successful contractor under this contract will not be eligible for any other award made by BIE Acquisitions.

5.9. Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (example, cost or pricing information, budget information or analyses, specifications or work statements) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the

OCI.

6. Government Furnished Equipment (GFE) & Information (GFI)

6.1. GFE: The government will provide each personnel under the contract a laptop, one (1) external monitor, mouse, keyboard, docking station and software necessary to fulfill the requirements under this contract.

6.1.1. Phones: The contractor is responsible to ensure all personnel have consistent access to phones and shall ensure that each personnel list their numbers within their email signature block. The Government will not be providing cellphones.

6.2. GFI: The Government will provide the contractor with Government information so they may successfully complete the requirements under this contract. All information must be safe guarded and all electronic information shall be stored within GFE and systems.

6.3. Data Rights: The Government has unlimited rights to all documents and material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and copyrights belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer.

All materials supplied to the Government will be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

6.4. Return of GFE: The contractor shall return all GFE and PIV cards within 10 business days of all personnel departures. The Government will withhold $5,000.00 per personnel from applicable invoices until all GFE is returned for said personnel. This is the anticipated cost of replacement and reprocurement. A failure to return GFE will result in a notice to local law enforcement, DOI IG and other appropriate parties to recover the GFE. The contractor shall return all PIV cards with the GFE.

7. Phase-in/Phase-out

7.1. Phase-in: The contractor will be allotted approximately a 6-week phase-in period, which is the anticipated transition time between contracts. All personnel not previously cleared specifically under BIE security must receive BIE security clearances prior to starting under this contract. The contractor shall ensure to the maximum extent a smooth transition and minimal disruption in services. The contractor shall develop a plan to retain or transfer institutional knowledge under the current contract.

7.1.1. Incumbent contractor: Stafford Consulting Company, Inc. 1765 Greensboro

Station Plan, Ste 900, McLean, VA 22102.

POC: Adam Lowery, Acquisition Program Manager, 571-234-3492, adam.lowery@staffordservices.net.

7.2. Phase-out: The contractor, at the end of the period of performance, shall work with the incoming contractor to ensure a smooth transition and minimal disruption to daily operations. The contractor shall be responsible for providing training, resources, tools, and other information necessary to ensure a smooth transition out. The anticipated phase-out period is six (6) weeks.

8. Quality Control

8.1. Quality Control Plan (QCP): The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS and applicable acquisition guidance, policies, and regulations. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which the contractor assures that the work complies with the requirements of the contract. The QCP is to be delivered within 30 days after contract award and shall be maintained and updated as needed and no less than once per year (to-be submitted annually or as changes occur).

8.1.1. It shall at a minimum contain the following:

• A description of the inspection system to cover all services. Description shall include specifics as to the areas to be inspected on a scheduled and unscheduled basis, frequency of inspections, and the title and organizational placement of the inspector(s).

• A description of the methods to be used for identifying and preventing defects in the quality of service being performed.

• A description of how the records shall be kept. Records shall document all inspections and corrective or preventive actions taken.

• Records of inspections shall be kept and made available to the Government throughout the contract performance period.

8.2. Quality Assurance: The government will evaluate the majority of the contractor’s performance under this contract in accordance with performance requirements summary (appendix 2) and quality assurance surveillance plan (QASP). This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable rate(s).

mailto:adam.lowery@staffordservices.net

Appendix 1: Definitions and Acronyms

DEFINITIONS

CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

CONTRACTING OFFICER (CO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government.

Note: The only individual who can legally bind the government.

CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment will be in writing and will state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

DELIVERABLE. Anything that can be physically delivered but may include nonphysical things such as meeting minutes.

KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

WORKDAY. The number of hours per day the Contractor provides services in accordance with the contract.

WORK WEEK. Is defined as Monday through Friday, unless specified otherwise. A standard work week is defined as 40 hours.

ACRONYMS

ACOR Alternate Contracting Officer's Representative CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial Off the Shelf FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996

C…