Attachment 2 Section J GBPS Business Rules 09R0034 Finalx.pdf

Global Battlestaff and Program Support Business Rules

Attachment 2, H2222-09-R-0034

Program Management Office for Services - Support functions and processes

Planned Automated Tools for Managing the GBPS Contract and other service contracts:

• Automated requirement and proposal submissions tools

• Electronic availability of contract and task information including Contractor reporting of cost, schedule and Contracting Accountability of Manpower

• Performance information associated with each task order including SDS and QASP data requirements

Requesting New Requirements; Please read and understand Section H Task order Procedures

The following are documents needed in order to start working a new task order requirement for GBPS

* Funding via AF Form 9, MIPR, PRN, etc.

* Statement of Objectives including QASP SDS Metrics (Template Mandatory)

* Independent Government Cost Estimate for Basic and All Option Yrs (IGCE) (Template provided for use)

* Information to Offerors (ITO) (Template mandatory)

* DD254 with applicable SCI addendum if required

* Form 14 approving additional contractor personnel (When required)

For DD Form 254, once documents are finalized forward via email to Mr. Mike Cauble (michael.cauble@socom.mil) at Industrial Security. Once Industrial Security has completed their review and signed the DD254, the documents will be forwarded to the contracting office. The contracting office will then send the appropriate documents to all GBPS awarded contractors for Request for Proposal. Upon issuance of the RFP to the Contractors, the Contracting Officer (KO) may determine that a meeting with the Contractors is required. If such a meeting is required, the requiring activity will be required to attend. Upon receipt of the Contractors proposals, an evaluation will need to be done by the requiring office. After review of the proposals, there may be questions, negotiations, or immediate issuance of the task order, however, it is HIGHLY recommended that the person who creates the requirements documentation stay involved throughout the process up to the time that the task order is awarded.

New Package Timeline: **Make spreadsheet with automatic dates/timelines/responsibilities, etc

• 75 days before expiration of a current task order - Notification is sent to the COR to rewrite or revalidate requirement

• 60 days before required task order start date- all requirements documents (including review by Industrial Security). Upon review and approval that all documents meet the required format and contain the appropriate information, the KO will issue an RFP to the contractors

• 30 days after receipt of RFP, Contractors will provide proposals unless it is deemed an urgent requirement per Section H. During this time they may submit questions to the KO which be giving to the COR. The COR will be required to answer all questions within 2 days upon receipt by the KO.

• 15 days before task order start date- Technical Evaluation is due. If funds were not provided earlier, certified funding documentation will be due at this time.

• This time frame gives additional time to reference and address proposal inefficiencies and possible requirement changes. The remaining time allows the contracting office to process the necessary paperwork, verify labor and other rates, negotiate (if required) and award the task order.

The following is a list of required documents to exercise an option period at the task order requirement level:

• Funding via AF Form 9, MIPR, PRN, etc. for Option Year being exercised

• IAW USSOCOM R380-9:6-103. Reviewing and Certifying the DD Form 254.

a. The GPM is responsible for reviewing the DD Form 254 and applicable security requirements annually, prior to logical follow-ons, any modifications, option years, or upon any change of contract terms. The DD Form 254 will be routed through SOCS-Z-SM annually to ensure that all security requirements and language is current IAW National Security standards.

• Notification via email 30 days prior to end of task order period of performance that the option year is required and there are no changes to the requirement If changes in PWS/Scope are necessary KO must be provided detailed changes and requested PWS changes and will determine if within scope or a new requirement is needed.

• A performance evaluation per the contract QASP has been accomplished on this task order and submitted to the KO, performance is Satisfactory or Above

Option Exercise Timelines for Task Orders: **Make spreadsheet with automatic dates/timelines/responsibilities, etc

75 days prior to start date of Option Period KO sends email request to COR inquiring if Option will be required 65 days COR sends confirmation of option year requirement along with above documents 60 days prior to start date of Option Period KO notifies Contractor per 52.217-9 30 days prior to start date of Option Period Modification issued for any changes or adjustments regarding provisional rates, or scope changes if necessary 15 days prior to start date of Option Period Modification to exercise option accomplished. For those task order option periods crossing fiscal years within this 15 day window, a second funding modification will be accomplished

Contracting Officer Representative (COR)

COR Appointment

CORs are appointed by the GBPS Contracting Officer(s). It is mandatory that COR fulfill Level I, II, and III training certifications/email for Level II and III and submit those certificates of completion with a nomination letter signed by the nominee’s supervisor before appointment. The Contracting Officer maintains the right to rescind appointment at any time due to inability of the COR to perform those duties stated within Attachment 1 of the COR Appointment Letter.

COR Training

Level I:

Step 1: Take the following three (3) on-line Defense Acquisition University (DAU) initial training classes at this DAU website: https://learn.dau.mil/html/clc/Clc1.jsp and provide a copy of your three (3) completed initial training certificates to the KO*:

a) CLC 106 – COR with a Mission Focus (8 Continuous Learning Points (CLPs))

b) CLM 003 – Ethics Training for Acquisition, Technology, and Logistics (2 CLPs)

c) CLM 024 – Contracting Overview (8 CLPs)

* Note: These three (3) initial training classes are not required only for those (CORs or PCORs) who have successfully completed the DAU in-residence COR Course within the past two (2) years. The DAU in-residence COR Course is a multiple day targeted training class that provides a full picture of what the COR position requires.

(CORs or PCORs) who have completed the DAU in-residence COR Course (or an equivalent) within the past two

(2) years must provide a copy of their completed course certificate to the KO."

Level II & III:

(Hold down Ctrl then click on video link) ** will need new videos made for GBPS with links http://ezquery.socom.mil/SOAL-K_Training/COR_Training_1_of_3.wmv http://ezquery.socom.mil/SOAL-K_Training/COR_Training_2_of_3.wmv http://ezquery.socom.mil/SOAL-K_Training/COR_Training_3_of_3.wmv

At the moment we will be using the honor system for completion.

COR Filing (Mandatory)

COR task order files should contain at a minimum the following:

a. Basic contract copy

b. Task orders with SOW/SOO, IGCE, 254, CDRLS, ITO, and LFO MFRs

c. All task order modifications and funding documents if required

d. Monthly task order performance reports from the contractor

e. Performance data

f. OT/weekend work approvals

g. If T&M or CPFF then you should know the number of hrs being utilized against the TO and be able to validate the data being reported monthly, if FFP it doesn't matter and we don't pay by hours.

h. Material purchases, travel data, etc

Technical Representative (TR) Appointment and Training

CORs will be responsible for appointing, training, and managing their technical team. The contracting office has the necessary basic training for TRs for CORS to utilize as well as template letters of appointment. TRs are welcome to attend all COR training as well. The COR shall stipulate which of their duties, as established in Attachment 1 of the COR Appointment Letter, that are delegable will be the responsibility of the TR. The COR is still held responsible for all appointed tasks, but performance of tasks and information may be delegated to the TR. The COR is to make sure the contracting office has copies of TR appointment letters for informational /tracking purposes. The COR maintains the right to rescind TR appointment at anytime due to their inability to perform those tasks delegated by the COR.

GBPS Usage by HQ, Components, and TSOCs

It is the intent of the Commander that all USSOCOM entities will use the GBPS contract for support services other than information technology. For organizations that require support services outside of the GBPS contract, a waiver will be required to be signed by the designated official (DCDR or designee) in order to the MIPR or other service contract vehicle to be issued. Accordingly, all business rules and accountability processes must be followed in order to provide required data to OSD and Commander in accordance with policy and other requests. Acquisition of Services Policy (SOAL Policy 07-01) is anticipated to be updated with the actual required data for requiring activities prior to execution of the contract.

GBPS Usage by TSOC Units

The GBPS contract vehicle is for Special Operation Forces (SOF) unique requirements support. All TSOCs and Component SOCOM units are authorized to use the GBPS vehicle for those requirements within scope that are considered in support of Special Operations Forces only. Any other requirement should be processed/ provided through the Geographic Combatant Command (GCC) in which the organization/ office is assigned. TSOCs will not be given ordering authority; HQ SOAL K will support those requirements via the Program Management Office for Services.

Ordering Authority USSOCOM may allow certain Component units to issue/manage their own task order requirements by assigning Ordering Officers capable of issuing orders against the GBPS Contract. Ordering Offices must be designated officially by the GBPS Contracting Officer and all business rules for the contract must be followed including all business rules and contract procedures contained herein and in the actual basic contract. Ordering Offices will lose this authority if the Contracting Officer has evidence that the rules were not adhered to.

Process to Obtain Authority

The interested office must process a request for ordering authority through the GBPS Contracting Officer (KO).

The Contracting Officer has the right to accept or reject the request. If the request is accepted, the GBPS KO will notify all awarded prime contractors that proposal requests will be processed from those accepted offices.

(Template request/approval letters?)

Rules to Maintain Authority

• CORs: Those offices granted authority will be responsible for appointing and training their own Contracting Officer Representatives to their task order requirements. While USSOCOM has templates available, the authorized organizations are in charge of tracking and maintaining COR records. The COR training outlined above will be utilized by these offices.

• Ordering: The authorized ordering offices are required to remain within the processes as outlined and agreed upon in the GBPS basic contract documents. This includes, but is not limited to, Section H task order competition procedures, mandatory templates for certain task order documents, GBPS Business Rules, QASP, Performance Based SOO development, SDS, and contract type (CLIN structure) allowances.

All requirements must be within scope of the basic contract and intention of GBPS awarded requirement.

Responsibility for basic contract administration is maintained by the GBPS KO and is not delegable to the authorized ordering offices. If there is a dispute between the ordering office KO and any prime contractor regarding basic contract interpretations, it will be brought to the GBPS KO for resolution and to the contact Ombudsman if necessary.

• Headquarters: Authorized ordering offices are to maintain adequate contract files. In addition, a copy of each awarded task must be supplied to the GBPS KO who must maintain the main files and ensure the GBPS contract ceiling is not breeched. Ordering offices will supply any other requested task order file documents upon request by Primary GBPS KO.

Government/Contractor Relationships

In accordance with FAR 3.101-1, Government business shall be conducted in a manner above reproach and, except as authorized by statute or regulation, with complete impartiality and with preferential treatment for none.

Transactions relating to the expenditure of public funds require the highest degree of public trust and an impeccable standard of conduct. The general rule is to avoid strictly any conflict of interest or even the appearance of a conflict of interest in Government-contractor relationships. While many Federal laws and regulations place restrictions on the actions of Government personnel, their official conduct must, in addition, be such that they would have no reluctance to make a full public disclosure of their actions. Also, CLM 003 (Ethics) training covers it.

Bottom line is that even the appearance is not appropriate if questioned.

• General Rules. The following general rules apply to Government Personnel regarding working with contractors in the same workplace:

a. Remember, contractor employees are not Federal employees.

b. Protect documents, disks, CD-ROM’s, slides, and other media on which “Government proprietary” information is stored. Do not leave it on your desk for the casual observer to read.

c. Watch what you discuss and where you discuss it.

d. When you attend a meeting in which sensitive information is about to be discussed, ensure that you know who is in the room and determine whether the information can be disseminated to them.

e. In addition to accidental disclosure, ensure you do not purposely disclose sensitive information.

Before you turn over information to a contractor to develop visual aids, create a database, and provide consultations ensure that it is proper for the contractor to have access to the information.

f. Respect the employer-employee relationship between the contractors and their employees. Do not interfere with it by inviting their employees to attend Federal employee events, e.g. organizational days, pressuring the contractor to use “favorite” employees, or insisting on any personnel actions.

g. Avoid giving the incumbent contractor an unfair competitive advantage by including its employees in meetings to discuss aspects of a recompetition, or by accidently allowing the contractor’s employees to overhear or gain access to planning information.

h. Identify possible conflicts of interest.

i. Safeguard proprietary information.

j. Beware of gifts from contractors.

k. Do not assign contractors “out of scope” work, personal services, or work that is “inherently governmental.”

l. Resolve inappropriate appearances created by close relationships between Federal employees and contractors.

Inherently Government Functions

Outlined guidance is developed in accordance with FAR 7.503.

• Contractors do not have the authority to sign documents such as contract, technical evaluations decision documents, requirements documents, acquisition strategy documents, or anything that gives them the appearance of functioning as a Government employee.

• Contractors cannot make offers or negotiate contracts on behalf of the Government

• Contractors cannot represent the Government during meetings or make decisions for the Government.

Further, they must identify themselves as contractor eompoyees before meetings.

• Contractors do not receive time off for Government down days, organization days, or other similar events unless the time is identified within the contract. Otherwise, they must take company leave in order to participate.

• Contractors cannot perform end of day security checks or be the second signature on security documents such as safes.

• Always be on guard to make sure contractors are not provided an unfair competitive advantage due to inclusion of their employees in discussions, or other access to information that provides them access to procurement planning information.

• Respect the employer-employee relationship between contractors and their management. Avoid involving contractors in Government awards programs or assisting the company with personnel evaluations.

Management of Travel Requirements

When managing travel requirements (requesting or determining a contractor should travel on a reimbursable travel CLIN), be mindful of the available funding under task order PRIOR to approving travel. The requirement should not be exceeding the proposed task order amount. Last minute travel requirements are fully understandable as well as not knowing all actual costs prior to traveling; however, the Government needs to do the best they can at not exceeding that cost. A modification to add more funding prior to travel is always the best answer when the NTE is close to being exceeded. The monthly reports should be reviewed and contain the most current available balance.

Contractor Training

Generally, contractors should not be included in Government-provided training classes. If a specific knowledge or skill is required, it should be identified in either the Performance Work Statement or under the personnel qualifications section of the contract. Companies are responsible for the individual development, training, of their employees. However, some exceptions may apply. One exception is training that is unique to the Government.

Examples of Government-unique training include source selection training, security training, Defense Travel System procedures, proper procedures for completing Government technical evaluations, etc. Training available to the general public, such as Microsoft software applications, general subject matter classes, etc., is not typically classes the Government should provide to contractor employees. The Government is paying for contractors that should be fully trained unless there is training unique to the Government that only the Government can provide.

There are many variables that factor into the approval process of contractor training; therefore, the contractor will require a written notice from the Contracting Officer (KO) allowing the individual contractor’s employee(s) to attend the training. Before the KO can issue this notice, she or he will need to receive an E-mail on the UNCLAS net, from the Contracting Officer’s Representative (COR) that the contractor employee supports. The following information shall be provided: the contract number; task order number; name(s) of personnel to attend training;

dates of training; the course title; benefit to be derived; and what, if any, costs associated with the training will be borne by the Government. Before approving Government-provided training, the KO shall consult with pertinent members of the Defense Contract Management Agency, the Defense Contract Audit Agency, and the SOJA attorneys as required.

Performance Feedback Procedures (On-going above and beyond annual QASP reporting requirements)

Contractors in the Federal workplace are an integral part of the USSOCOM team. However, they are not Government employees; therefore, this guidance is provided to USSOCOM staffs that request contract support, award contracts for services, and utilize contractors in the workplace. It can be difficult walking the line of personal and non-personal services in the SOCOM environment and ensuring necessary feedback to the contractor employee is being provided while at the same time not stepping into a supervisory role as a government employee. The following will be the agreed upon proper procedures for all government personnel to follow when performance feedback is necessary for a contractor employee.

If there is positive performance that deserves a more formal recognition the Government is to contact the contracting office through written channels (email, letter, etc) of the positive performance and the mission impact. The contracting office will in turn forward the information to the contractor employee’s management for their internal information. Contractor employee recognition and awards need to be assessed and maintained by their employer and not the Government.

Just as there are procedures for handling performance related issues for government employees and military members, each company has their own established policies. The guidance provided in this memo is in no way intended to replace or interfere with those internal company procedures. It is simply to provide direction for both the Government and the contractor.

If there is a negative performance issue or concern with a contractor employee the following steps should be followed:

The Government should work through the established contractor chain of command which typically begins with a Task Leader (or Contractor Program Manager if no Task Leader is assigned). The Task Leader assigned over the specific task order that the individual is working under should be involved immediately. The feedback may either be given directly to the individual with the Task Leader present or just to the task lead for him or her to provide to the individual. The inclusion of the task lead is to allow the contractor to manage their personnel and performance. The Government should focus their concerns with the individual’s performance as it relates to the overall task order as required in the Statement of Work. Keep the feedback within the context of defined product timeliness, quality or content and not on technique or other subjective measures. Keep it professional and not personal.

• The Task Leader is now responsible for dealing with the performance issue. This may require such actions as individual counseling, providing one-on-one training, recommending them for additional formal training to their management, or assisting them in the tasks at hand to ensure satisfactory completion. It is also incumbent upon the Task Leader to follow internal company procedures as to notifying the appropriate company’s management levels.

• If the Task Leader is not successful in a reasonable amount of time in improving the task order performance, the Contracting Officer and Contracting Officer’s Representative as well as any assigned Performance Monitors will be notified. Continuous feedback on the progress should be given to the Task Leader from the Government representatives involved so they are aware of the progress from the Government’s perspective.

• Once the Contracting Officer has been requested to address the performance concerns he or she will then contact the company higher management for resolution.

The key to successful partnering is open communication through all steps of this process. The government should be making their expectations of task order performance very clear with clear standards up front. Expectations and standards change over time and when they do, the task leads need to know and understand them. The contractor should ensure their employees are fully trained and capable of meeting those standards and managing them through each task. When a problem arises clear communication by all parties should be paramount.

These Business Rules are meant to address within scope performance issues. If there is a concern on the part of the either the contract employee or Government representative whether the requested level of production or services requested to be performed is outside the scope of the task order, e.g. (custodial, catering, organizing events, special studies, etc) it is the responsibility of the specific employee to bring the question to their respective task leader who will then address the concern either within their company management chain or to the appointed COR for clarification and resolution.

Personal Services Quicklist

To avoid a personal service environment DO NOT participate in the following activities:

a. supervise contractors;

b. stipulate contractor duty hours (except for that directed in the contract/task order);

c. require contractors to report to Government personnel;

d. maintain contractor records/timecards;

e. approve leave;

f. approve or recommend bonuses

g. have contractors on duty rosters or organizational charts

h. Interview, call references on, or be involved with the hiring process of contractor employees with the exception of reviewing a resume for technical acceptability in accordance with the contract task order procedures in Section H.

Recall Procedures of Contractor Personnel

1. If SOCOM is closed; they cannot report to their Government workspace. Depending on the Contractor and the customer (center CORs/PMs) they support, they may report to the Contractor's facilities off-site. Alternatively, they may make up the hours during the pay period (if COR/PM's concur), or take leave in accordance with company policies.

2. Recalling Contractor personnel: Contractor personnel are not deemed mission essential unless the task order includes the Section H, Mission Essential Clause. Just running a recall to ensure everyone on your team gets the message is at the discretion of the requiring activities per task order. If you do not feel the need to run a Contractor recall then this in no way requires your organization to do so. This is just to clarify if you would like to.

If you choose to recall Contractor personnel here are the numbers you would call:

Contractor A;

Contractor B:

Once you have notified the corporate office they will notify the task leader of that task order to run their own internal recalls. The Government will not start including Contractor personnel on the Government recall rosters.

Contractors will maintain their own internal recall procedures.