7301223158Attachment05_HowToUse.pdf

NYS Office of General Services Procurement Services

Group 73012 – Award 23158 Hourly-Based IT Services

Attachment 5 HBITS Contract (How to Use)

Revised 07-30-2024 Page 1 of 10

1 General Information

1.1 How to Contact the HBITS Team

All correspondence between the HBITS Team and Agencies should be submitted through the appropriate dedicated email addresses listed below. No correspondence should be sent to the personal mailboxes of any HBITS Team Member. The specific Task Order Number (if known) should always be referenced in the Subject Line of the email. See Section 1.2 below for definitions of Executive Agencies and Nonexecutive Agencies:

Executive Agencies ogs.sm.hbits.stateagencies@ogs.ny.gov

Nonexecutive Agencies ogs.sm.hbits.nonexecutiveagencies@ogs.ny.gov

All correspondence between the HBITS Team and Contractors should be submitted through the appropriate dedicated email address listed below. No correspondence should be sent to the personal mailbox of any HBITS Team Member. The specific Task Order Number (if known) should always be referenced in the Subject Line of the email.

Contractors ogs.sm.hbits.contractors@ogs.ny.gov

All correspondence relating to HBITS Invoicing should be submitted through the appropriate dedicated email address listed below. No correspondence should be sent to the personal mailboxes of any HBITS Team Member.

HBITS Invoices ogs.sm.sst_payment_processing_lockbox@ogs.ny.gov

1.2 Executive Agency/Non-Executive Agency Identification

1.2.1 Executive Agency

All state departments, offices, or institutions but, for the purposes of this RFP, excludes the State University of New York, NYS Office of the State Comptroller, New York State Education Department, New York State Teachers Retirement System, New York State Office of the Attorney General, the City University of New York and the New York State Insurance Fund. Furthermore, such term shall not include the legislature and the judiciary. For the sake of clarity, the term “Executive Agency” does not include any public benefit corporation, public authority, school district, or local government entity.

1.2.2 Nonexecutive Agency

The State University of New York, NYS Office of the State Comptroller, New York State Education Department, New York State Teachers Retirement System, New York State Office of the Attorney General, the City University of New York and the New York State Insurance Fund. Furthermore, such term shall include the legislature, the judiciary and any public benefit corporation, public authority, school districts or local Government Entity.

mailto:ogs.sm.hbits.stateagencies@ogs.ny.gov mailto:ogs.sm.hbits.nonexecutiveagencies@ogs.ny.gov mailto:ogs.sm.hbits.contractors@ogs.ny.gov mailto:ogs.sm.sst_payment_processing_lockbox@ogs.ny.gov

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2 HBITS Process Overview

A breakdown of responsibilities between the Authorized User (also referred to as Agency), the OGS HBITS Team and the Contractors is shown in the table below. Based on the division of responsibility in the table, the process flow shows how Agencies will utilize this Contract and the OGS HBITS Team to obtain hourly-based IT Services from Active Contractors.

The table below is being presented for illustrative purposes only and is not comprehensive.

Authorized User OGS HBITS Team Contractors Internal Agency approvals Review and finalize initial

Request Recruiting and maintaining adequate Subcontractor network, including SBE, MWBE and SDVOB companies

Required pre-approvals (ITS

PTP, DOB B1184)

Initial screen of responses from Contractor pool

Candidate identification, initial screening, pre-interviews, and submission

Set requirements and specifications for the Position

Forward qualified Contractor responses to Authorized User

Background checks, H-1B Visa sponsorship, Candidate training, foreign and domestic education vetting

Candidate scoring and interviews

Solicit, receive, and track Contractor performance feedback from Authorized Users; Communicate feedback to Contractor pool; Facilitate potential Contractor meetings

Invoice OGS for Executive Agency Authorized Users.

Onboarding (Final hiring authority)

Ensure consistency in documentation

Invoice individual Agency for Non-Executive Agency Authorized Users.

OC Transaction approved by OSC, if applicable

Centralized Billing and Payment for Executive Agency Authorized Users Only

Certification of Selected Candidate Time Sheets

Billing and Payment for Non- Executive Authorized Users Only

When a need for an Hourly-Based IT Position is identified, Agencies are required to obtain the necessary internal/control Agency approvals prior to initiating the HBITS Process.

Upon internal/control Agency approvals, the Agency completes a Task Order Request Form (Form 1) that will identify the Job Title, Mandatory Qualification, Requested Qualifications, and other key information describing the Position. This form will be submitted to the OGS HBITS Team.

The OGS HBITS Team will assign a Task Order number, verify the Form 1 to ensure compliance with Contract terms and conditions and finalize the Form 1. Using the final Form 1, the OGS HBITS Team will create a sample Candidate Response Form (Form 2) to be used by the Active Contractors to submit Candidates for the Position(s) identified on the Form 1. The Form 1 (Word and PDF Format) and the sample Form 2 will be distributed to all Active Contractors, including a deadline for submission of responses.

The Active Contractors will submit their Form 2 responses to the OGS HBITS Team prior to the due date and time. Upon receipt of the responses submitted by the Active Contractors, the OGS HBITS Team will perform a preliminary review of each Form 2 to determine the qualified Candidates. Those Candidates that

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Upon receipt of the qualified Candidates, the Agency will review and score each individual Candidate on an Authorized User Preliminary Technical Evaluation Form (3A) to determine who will be interviewed. The scoring results will then be summarized on a Preliminary Technical Evaluation Summary Sheet (3A Summary) and submitted to the OGS HBITS Team. Once the Agency determines the Candidates they wish to interview, they will conduct the interview, and score each Candidate on an HBITS Agency Evaluation Form (3B Form) to determine who will be selected. The scoring results will then be summarized on a Post Interview Summary Score Sheet (3B Summary).

Once a selection has been made, the Agency and the Active Contractor will finalize the onboarding of the Candidate. Upon receipt of 3A and 3B documents, the OGS HBITS Team will release the Candidates not selected. Onboarding details must also be received from the Agency for the purposes of invoicing. In addition, all Executive Agencies must submit a copy of the OC Transaction approved by OSC with onboarding information.

3 Authorized User Identifies Need for Position(s)

Once the Agency identifies the need for an Hourly-Based IT Position, they must identify the Job Title and Skill Level of the Position utilizing Attachment 4.

3.1 Agency Pre-Approval Requirements

The Agency is responsible for obtaining the necessary approvals prior to initiating the HBITS Process.

● Internal Agency (Management) Approval

● New York State Office for Technology “Plan to Procure” (PTP) Approval (where applicable)

● New York State Division for the Budget (where applicable)

4 Task Order Requirements

See Attachment 7, Section 1.2 for Position Requirements.

4.1 Form 1: Task Order Request Form

The Agency will initiate the process of obtaining an hourly-based IT Position(s) by completing a Form 1:

Task Order Request Form (Form 1). This document shall be considered the document of record and may not be altered in any way. This document and detailed instructions are located on the OGS Website at (https://ogs.ny.gov/procurement/hbits-form-1-23158).

4.2 Task Order Request Submission

New Task Order Requests shall be submitted via email to the appropriate OGS HBITS Email Address listed in Section 1.1 of this document. The Subject Line of the email should annotate “New HBITS Request – [Expedite, if applicable]”. Multiple Task Order Requests must not be submitted in the same email.

The following documents must be submitted to the OGS HBITS Team when requesting a new Task Order.

4.2.1 Form 1

The Form 1 must be completed in its entirety in a Microsoft Word document labelled “FORM 1”. The Form 1 document and detailed instructions for its completion are located on the OGS Website https://ogs.ny.gov/procurement/hbits-form-1-23158

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4.2.2 Agency Contact Information

The Agency Contact Information chart must be completed in its entirety in a Microsoft Word document labelled “CONTACT INFORMATION”. This document is located on the OGS Website at

4.2.3 Expert Skill Level Justification (if applicable)

If Expert Skill Level is selected on the Form 1, a justification as to the reason why an Expert-Level Position is required. This justification must be in a Microsoft Word document labelled “EXPERT JUSTIFICATION”.

4.2.4 Expedite Justification (if applicable)

Per Attachment 7, Section 1.3.3.1, circumstances may arise in which an Agency has an urgent need for a Position(s), resulting in a five (5) business day, rather than a ten (10) business day, turnaround time for Contractors to submit Form 2s. If an Agency is requesting that a Task Order be expedited, a justification is required. This justification must be submitted in a Microsoft Word document labelled “EXPEDITE

JUSTIFICATION”.

4.3 Task Order Number Assignment

Upon receipt of the new Task Order Request, the OGS HBITS Team will assign a unique HBITS Task Order Number in accordance with the numbering conventions included in Section 4.3.1 of this document.

The Task Order Number will be added to the Subject Line of the Task Order Request email by the OGS HBITS Team and a Task Order Number Confirmation sent to the Agency.

An Agency shall make no modifications to the initial Task Order Request email or any of its Attachments until a Task Order Number has been assigned and the Confirmation received.

4.3.1 Task Order Numbering

Upon receipt of new Task Order Requests, a unique identifying number will be assigned by the OGS HBITS Team. The Task Order Number will begin with “HBITS”, followed by the two (2) digit “Contract Year”, followed by a five (5) digit sequential number beginning with “1XXXX” (so as to distinguish the Task Orders under this Award 23096 from the prior Award 22439).

“HBITS- XX <Contract Year> - 1XXXX <Sequential Number>

HBITS-01-10000, HBITS-01-10001, etc.

4.4 Task Order Review

The OGS HBITS Team will verify the Form 1 to validate the data fields, to ensure compliance with Contract terms and conditions and to finalize the Form 1.

4.4.1 Suggested Edits

During the Form 1 review, the OGS HBITS Team may make suggested edits to the Form 1. An email will be sent to the Agency with an edited Word document attached. The Agency shall only use the edited Word document when making the suggested edits. If the Agency is not in agreement with the suggested edits, justification from the Program Manager shall be provided as to why the changes have not been made.

Once an Agency has completed making their edits, all comments and/or tracked changes must be removed, the file renamed per the instructions provided in the email, and the final Form 1 returned to the OGS HBITS Team.

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4.4.2 Finalize Task Order

Once the OGS HBITS Team has determined that the Form 1 complies with the Contract terms and conditions, the Form 1 will be finalized by the OGS HBITS Team and sent to all Active Contractors in accordance with Attachment 7, Section 1.2.9. The OGS HBITS Team will email the Agency advising of the due date and time for Contractor responses.

4.4.3 Task Order Cancellation

Refer to Attachment 7, Section 1.8.

5 Candidate Submission

Active Contractors will submit Candidates in response to the Form 1 using a Form 2: Candidate Response Form (Form 2) in accordance with Attachment 7, Section 1.3.

6 OGS HBITS Team Preliminary Candidate Review

In accordance with Attachment 7, Section 1.4, after the due date and time for the Contractors to submit Candidates, the OGS HBITS Team will perform a three-part preliminary review to determine the qualified Candidates who will be forwarded to the Authorized Users. This must be completed within three (3) Business Days by the OGS HBITS Team.

6.1 Mandatory Qualification

Refer to Attachment 7, Section 1.4.1.

6.2 Requested Qualifications

Refer to Attachment 7, Section 1.4.2.

6.3 Cost Methodology

Refer to Attachment 7, Section 1.4.3.

6.4 Qualified Candidates

In accordance with Attachment 7, Section 1.4.4, Candidates who meet all the preliminary Candidate review requirements will be considered qualified and forwarded to the Authorized Users for consideration.

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7 Authorized User Candidate Selection Process

Once the Agency receives the Form 2s for the qualified Candidates from the OGS HBITS Team, the Agency must complete the following. The below chart summarizes this process:

Who

Action Business

Days

Forms Agency Performs Technical Evaluation using Candidate

Form 2s, resumes, and other required documents as listed on Form 2, and assigns a Requested Qualifications Score (up to 80 points)

1-5 3A 3A

Summary

Determines Candidates to interview Notifies OGS HBITS Team Schedules interviews (minimum based on # of Positions) Conducts interviews to validate initial score of Requested Qualifications and assigns an Interview Score (up to 20 points).

2-5 3B 3B

Summary Selects Candidate with the highest combined Requested Qualification Score and Interview Score.

Works with Contractor to Onboard Selected Candidate Notifies OGS HBITS Team Retains all Forms for Procurement Record

Contractor Performs all Candidate Placement Requirements and finalizes the onboarding of the Selected Candidate.

7.1 Technical Evaluation of Qualified Candidates

Each Qualified Candidate forwarded to the Agency shall be scored in accordance with Attachment 7, Section 1.5.1 and as follows:

7.1.1 Form 3A: Authorized User Technical Evaluation Form

The Agency must score all Qualified Candidates using Form 3A: Agency Technical Evaluation Form (Form 3A). This document is located on the OGS Website at:

(https://ogs.ny.gov/procurement/hbits-forms-3a-and-3b-23158).

The Form 2, resume, and other required documents as listed on Form 2 shall be used for scoring purposes.

The Technical Evaluation is worth a total of 80 Points. Each Requested Qualification shall be assigned a points value of zero, Meets Qualification or Exceeds Qualification. No partial points are allowed.

Comments must be entered on the Form 3A whenever Zero Points or Max Points is assigned. Agencies are encouraged to create an evaluation tool to pre-determine what criteria will be used when assigning points values to ensure that all Candidates are evaluated equally. The 3A Comments should reflect the criteria on your evaluation tool.

7.1.2 Form 3A Summary: Authorized User Technical Evaluation Summary

Once 3A’s have been completed, the candidates must be summarized on a Form 3A Summary: Authorized User Technical Evaluation Summary (3A Summary). This document is located on the OGS Website at https://ogs.ny.gov/procurement/hbits-forms-3a-and-3b-23158

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The Candidates must appear in Total Score ranking order from highest to lowest. The Agency will also identify whether the Candidate is being selected for an interview.

When determining which Candidates will be interviewed, the Agency must not skip higher scoring Candidates to interview lower scoring Candidates. In addition, if selecting a Candidate for interview that has the same score as other Candidates, all Candidates with that score must be interviewed. The Agency must make every effort to interview the top scoring candidates in accordance with the chart below:

Number of Positions requested on Form 1

Minimum number of Candidates to interview

1 3 2 5 3 6 4 8 5 10

If an Agency determines that the Candidates provided do not meet their needs, they may choose to cancel the Task Order at this stage.

7.1.3 Form 3A Submission

Upon completion of the Form 3A documents, the individual 3A Forms and the 3A Summary must be submitted to the OGS HBITS Team in accordance with Attachment 7, Section 1.5.1. If the Agency has chosen to cancel the Task Order at this stage, in addition to submitting all of the required paperwork, the Agency should annotate “Cancel” in the Subject Line of their submission.

7.2 Interview Evaluation of Qualified Candidates

The Agency must attempt to interview ALL Candidates selected for an interview at the 3A scoring stage.

These Candidates shall be interviewed and scored in accordance with Attachment 7, Section 1.5.2 and as follows.

If webcasting technology is used by the Authorized User for interviewing prospective Candidates, the webcasting must be of a quality of audio and video that the Candidate can be clearly identified.

Candidates will be required to have a government issued photo ID (the form of the photo ID is at the discretion of the reviewing Authorized User) available for viewing at the call.

Falsification or use of another person’s documentation at this time for this purpose may constitute fraud on the part of the individual Candidate, the Subcontractor and/or the offering Contractors.

Candidates must reply to questions directly without the assistance from others. If ADA requirements apply, notification must be made no less than 3 working days in advance of the interview.

Failure to meet any of these provisions may result in an immediate termination of the interview and/or a Post Technical Evaluation rating of zero.

7.2.1 Form 3B: Authorized User Interview Evaluation Form

The Agency must score all Candidates who are actually interviewed using Form 3B: Agency Technical Evaluation Form (Form 3B). This document is located on the OGS Website at

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Other documentation received by the Agency upon request from the Contractors may be used at this stage.

The Interview Evaluation is worth a total of 20 points – a maximum of 15 points for the Interview and a maximum of 5 points for Communications Skills. The criteria for the Interview Evaluation are located directly on the 3B Form. During the interview, the points values assigned to the Requested Qualifications in the Technical Evaluation (80 points maximum) should be validated by the Agency and modified accordingly. Comments must be entered on the Form 3B whenever Zero Points or Max Points is assigned.

The Requested Qualifications Score plus the Interview Score shall be added together to obtain the Total Score for the Candidate.

Candidates who are not actually interviewed will receive a Total Score of zero. Completion of a Form 3B is not required for these Candidates, however, in lieu of a 3B, proof as to the reason is required. An interview may not have been conducted for one of the following reasons:

• Contractor/Candidate was not responsive to interview request (Not Responsive)

• Candidate no longer available (Not Available)

• Candidate declined to interview (Declined Interview)

• Candidate did not attend scheduled interview (No Show)

7.2.2 Form 3B Summary: Authorized User Interview Evaluation Summary

Once all interviews have been conducted, the Candidates must be summarized on a Form 3B Summary:

Authorized User Interview Evaluation Summary (3B Summary). This document is located on the OGS Website at https://ogs.ny.gov/procurement/hbits-forms-3a-and-3b-23158).

All Candidates must appear in Total Score ranking order from highest to lowest. The Agency will identify the highest scoring Candidate as the selected Candidate by entering “Yes” in the Candidate Selected Column. All Candidates who were interviewed must be included by entering “No” in the Candidate Selected Column. All Candidates scoring a zero due to no interview being conducted must be included by entering a “No - <Enter Reason from above shown in parentheses>” in the Candidate Selected Column.

If an Agency determines that the Candidates Selected for Interview are unable to meet their needs, they may choose to take one of the following actions:

• Cancel the Task Order entirely; or

• Reach out to Candidates who were previously released as Not Selected for an Interview. If this method is chosen, the Agency must reach out to those Candidates in total score ranking order from highest to lowest and submit a revised 3A Summary to the OGS HBITS Team.

7.2.3 Form 3B Submission

Upon completion of the Form 3B documents, the individual 3B Forms, proof of non-interview(s) and the 3B Summary must be submitted to the OGS HBITS Team in accordance with Attachment 7, Section 1.5.2. By submitting these documents to the OGS HBITS Team, the Agency is certifying that they have undertaken diligent efforts to verify the Candidates experience prior to the final selection of a Candidate.

If the Agency has chosen to cancel the Task Order at this stage, in addition to submitting all of the required paperwork, the Agency should annotate “Cancel” in the Subject Line of their submission.

7.3 Candidate Selection

The Agency shall select the highest scoring Candidate and provide the Contractor with an Onboarding Notification in accordance with Attachment 7, Section 1.5.3 that contains, at minimum, the following information.

• Task Order Number:

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• Agency Name: (Agency responsible for the payment of the Task Order)

• Contractor Name:

• Candidate Full Name:

• Candidate Start Date: (Actual Start Date)

• Length of Engagement: (From Form 1)

• Hourly Bill Rate:

• OC Transaction #:

The Agency shall also provide the onboarding information to the OGS HBITS Team. In addition, all Executive Agencies must submit a copy of the OC Transaction approved by OSC with onboarding information. A revised Onboarding Notification shall be submitted if there are any corrections to the information provided or if the Candidate Start Date has changed.

8 Requirements during the Engagement

The Authorized User must inform the Contractor of the Candidates direct supervisor and/or the person responsible for signing the Candidates timecard.

The Authorized User is responsible for the provision of reasonable office space, utilities, janitorial services, security, work-related telephone service and furniture (desks, chairs, worktables) necessary for the Contractor's performance of services. The Authorized User will also provide forms, equipment, including necessary computer hardware and software, and supplies necessary for the Candidate to complete the tasks associated with the Engagement.

The Authorized User must provide all workplace rules to the Candidate. This includes, but is not limited to, the following: Time and attendance policy, timecard submission, building access procedures, request for leave, computer/phone usage guidelines, and other agency policies (such as Drug-free Workplace Policy Statement, Workplace Violence Policy, and smoking policy).

If an Authorized User deems a Candidate unfit to perform the tasks of a Position after the Candidate start date, the Authorized User must notify the Contractor in writing and may result in that Candidate’s termination under the engagement.

Any and all Candidate absences, such as vacation days not previously identified during the Task Order Request process, must have the prior approval of the Authorized User.

The Authorized User must indicate the manner in which it requests knowledge transfer to occur from the Candidate to the Authorized User’s staff.

The Authorized User must indicate any training that the Candidate must attend.

The Authorized User must indicate to the Candidate, any change in working hours not previously specified during the Task Order Request process.

The Authorized User shall advise the Contractor and Candidate of the means by which time worked must be recorded and the Authorized User retain copies of such records in accordance with its record keeping policies.

The Authorized User shall be responsible for validating the time worked for each Candidate using its internal records.

9 Selected Candidate Extensions/Replacements/Cancellations

Circumstances may arise that necessitate either the extension of a Selected Candidate, replacement of a Selected Candidate, or cancellation of a Position. In accordance with Attachment 7, the process is as follows.

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9.1 Form 5: Candidate Modification Request

In accordance with Attachment 7, Section 1.2.3, Authorized Users shall submit a completed Candidate Modification Request (Form 5) to extend an existing Candidate (not to exceed a 30-month total engagement length), In accordance with Attachment 7, Section 1.8, Authorized Users shall submit a completed Candidate Modification Request (Form 5) to replace an existing Candidate or to cancel the Position(s) from a Task Order.

This document and corresponding instructions are located on the OGS Website at (https://ogs.ny.gov/procurement/hbits-form-5-23158).

10 Authorized User Feedback

In accordance with Attachment 7, Section 1.9.7, Authorized Users will submit feedback to the OGS HBITS Team throughout the term of the Contract. This feedback shall be used in General Quality and Authorized User Evaluation Sections of the Annual Contractor Evaluation per Attachment 7, Section 1.10.

10.1 Form 4: Selected Candidate Evaluation

In accordance with Attachment 7, Section 1.9.7.2, Authorized Users must submit a completed Selected Candidate Evaluation (Form 4) for any Selected Candidate vacating a Position (expired, cancelled, replaced, etc.). This document is located on the OGS Website at (https://ogs.ny.gov/procurement/hbits-form-4-23158). This Form shall be submitted to the OGS HBITS Team and recorded for evaluation purposes. These forms will be shared with the Contractors upon their request.

10.2 Form 6: Authorized User Issue Form

In accordance with Attachment 7, Section 1.9.7.1, Authorized Users and the OGS HBITS Team may complete a Form 6 to report any issues relating to the terms and conditions of the Contract. Issues include, but are not limited to Proposed Candidate Quality, Contractor Responsiveness and Candidate Availability.

This document is located on the OGS Website at (https://ogs.ny.gov/procurement/hbits-form-6-23158).

This Form shall be submitted to the OGS HBITS Team for review and validation and may be forwarded to the Contractor as deemed appropriate.

https://ogs.ny.gov/procurement/hbits-form-5-23158 https://ogs.ny.gov/procurement/hbits-form-4-23158 https://ogs.ny.gov/procurement/hbits-form-4-23158 https://ogs.ny.gov/procurement/hbits-form-6-23158

7.3 Candidate Selection