Attach2-PB-SOW-StaffAugmentn.docx

OFFICE OF FINANCIAL PROGRAM OPERATIONS

STAFF AUGMENTATION SUPPORT SERVICES

PERFORMANCE-BASED STATEMENT OF WORK

OBJECTIVE

The Contractor shall provide personnel with the ability to augment the work force and support of three operating centers of the Small Business Administration (SBA). Personnel provided shall support the servicing, refinancing, and liquidation of SBA’s 504 and 7(a) loan programs. The 504 Program provides small businesses with long-term, fixed-rate financing to acquire major fixed assets for expansion or modernization. The Small Business Jobs Act of 2010 increased maximum loan amounts in the program from $2.5 million to 5 million. As such, additional support is needed to support the surge in loans following the Small Business Jobs Act. The 7(a) Loan Program includes financial help for businesses with special requirements. For example, funds are available for loans to businesses that handle exports to foreign countries, businesses that operate in rural areas, and for other very specific purposes.

SINGLE AWARD IDIQ CONTRACT WITH FIRM_FIXED PRICE TASK ORDERS

This procurement is for a single award Indefinite-Delivery Indefinite-Quantity (IDIQ) contract to obtain non-personal services. The IDIQ contract is for a base year and four option years. Task Orders will be for a firm-fixed price, based on Contractor’s fully loaded labor-hour rates, labor categories required, and level of effort. This service is being procured as a Commercial Item and as a competed 8(a) Program award.

OVERALL PERFORMANCE REQUIREMENTS

Contractor shall provide staffing augmentation in support of servicing, refinancing and liquidation efforts in the 504 and/or 7(a) loan program. Contractor employee occupying each position shall be familiar with proper grammar, punctuation, and formatting as well as, financial concepts, principles and processing of loan servicing, refinancing and/or liquidation services. Position descriptions are provided in Attachment A. Contractor shall provide on-site supervision of its employees at all times.

REQUIRED PERSONNEL LABOR CATEGORIES

Contractor shall have access to the following listed labor categories – which are more fully described on Attachment A. Since work is to be performed in SBA’s listed offices, Contractor shall have access to workers within these labor categories who can perform the work in physical areas listed in this Statement of work.

The required categories listed and described in Attachment A:

· On-Site Supervisor

· General Clerk I, General Clerk II, General Clerk III (GS Level Equivalent of GS-2/3/4)

· Loan Specialist (GS Level Equivalent of GS-9/11)

· Financial Analyst (GS Level Equivalent of GS-11/12)

· Computer Programmer I, II, III, IV (GS Level Equivalent of GS-5/7/9/11)

· Personal Computer Support Technician (GS Level Equivalent of GS-7)

· Paralegal/Legal Assistant I, II, III, IV (GS Level Equivalent of GS-5/7/9/11)

· Loan Processing Assistant (GS Level Equivalent of GS-5/7)

· Attorney Advisor (GS Level Equivalent of GS-11/12)

Contractor shall designate a Project Manager to oversee implementation and execution of the Contract and to serve as the Contractor’s primary point of contact with the SBA Contracting Officer’s Technical Representative (COTR). Contractor shall not bill SBA directly for the time and services of the Project Manager. The services of the Project Manager shall be considered a management function of the Contractor and shall be absorbed in the overall cost of general and administrative expenses. The Project Manager shall have comprehensive knowledge and experience in personnel services, contract administration, and customer relations. Contractor’s Project Manager shall ensure that the requirements of this contract are fully met. It is expressly understood that the Project Manager costs are part of the fully loaded labor rates for the designated labor categories, and shall not be separately charged to the SBA.

Contractor shall designate an On-Site Supervisor for each SBA office in which the Contractor has placed three or more Contractor employees. The On-Site Supervisor serves as a full-time, on-site supervisor who shall also encumber the collateral duty a position described below. Contractor shall bill SBA directly for the time and services of the On-Site Supervisor in the amounts determined by this Contract. The On-Site Supervisor responsibilities shall be a collateral duty of individuals encumbering one of the positions. If Contractor supplies three of fewer employees to an SBA office, then the Project Manager shall service as the “on-site supervisor.”

Contractor agrees that, for the best benefit of the Government and center workload needs, the Government may elect not to backfill immediately when a contractor employee leaves Contractor for any reason in the midst of a Task Order period of performance. In the event of Contractor providing few positions than originally stated in the Task Order, the parties will bilaterally modify the Task Order to reduce the corresponding price related to the unfilled labor category.

PERSONNEL REQUIREMENTS

TRAINING

The Contractor shall furnish fully trained employees throughout the life of this contract. Additional on-site training may be necessary for Contractor employees to perform certain SBA tasks. The SBA, at its expense, shall provide the training for Contractor employees who perform tasks unique to the SBA.

LANGUAGE

All Contractor employees shall be able to read, write, and have a good understanding of the English language to enable them to accurately perform their required tasks.

HEALTH REQUIREMENTS

Contractor Personnel who are placed in positions requiring the lifting of files, boxes of files, boxes of copy paper, supplies, and other bulky items (often weighing in excess of twenty-five pounds) shall be physically able to perform these functions.

BONDING AND INSURANCE

All Contractor personnel working on this contract shall be bonded and insured in accordance with usual practices at the location where the individual contract employee is working. Specifically, Contractor shall carry workmen’s compensation insurance on each of its employees performing work pursuant to this contract.

DELIVERIES / PERFORMANCE

PERIOD OF PERFORMANCE

The contract period of performance shall be for a base year, with the availability of four option years. It is expected that the contract will be awarded and be effective on or about August 15, 2011. Actual dates may vary depending on completion of required acquisition processes.

LOCATIONS OF PERFORMANCE

Contractor shall be able to provide staffing for this listed labor categories (Attachment A) in SBA offices in the following physical areas:

· Fresno, CA

· Little Rock, AR

· Herndon, VA

· El Paso, TX

· Birmingham, AL

· Santa Ana, CA

· Citrus Heights, CA

· Washington, DC

HOURS OF OPERATION

Contractor personnel shall perform the requested services between the hours of 6:30 A.M. and 6:00 P.M., Monday through Friday. Contractor personnel shall work eight-hour days and a forty-hour week. Within this contract, Alternative Work Schedule, Flextime or other scheduling benefits provided to permanent government employees are not accessible to contractor personnel. Contract personnel work a fixed time schedule each day. The Center Director or his/her designee shall determine the start time and ending time for Contractor personnel for each operating center. Work time lost for Contract personnel cannot be recovered.

Contractor personnel shall maintain weekly time sheets that are submitted to and approved by the Contractor’s On-site Supervisor and verified by the SBA Center Director or his/her designee. A copy of the approved and verified Contractor personnel time sheet is to be provided to the COTR in conjunction with its submission to the Contractor for calculation of payment.

Contractor shall not work (at SBA) on Federal Holidays or when the office is officially closed during unscheduled closings, i.e., hazardous weather conditions, SBA administrative leave, etc. The SBA Center Director where the Contractor personnel are assigned will provide Contractor personnel with official SBA policy concerning office closure due to inclement weather or other conditions. Contractor shall not be paid for time not worked; for example, Federal Holidays and other unscheduled closings such as inclement weather or administrative leave.

CONTACT HOURS / RECOGNIZED FEDERAL HOLIDAYS

Contractor understands that the firm-fixed price in each task order is a not-to-exceed price. The Government shall only be responsible for paying Contractor for the actual contact hour of each employee based on the fully-loaded labor rate for the category of employee. The Government will not be liable for hours not scheduled in advance when Contractor employees cannot work – such as early dismissal for Federal employees and any special time-off given to Federal employees for any reason.

Contractor employees shall not work any day or any time the Government office is closed for any reason. Contractor employees shall not work on Federal Government Holidays, including the following:

· New Year’s Day

· Martin Luther King Jr.’s Birthday

· President’s Day

· Memorial Day

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving Day

· Christmas Day

OVERTIME/ADDITIONAL HOURS

Additional hours worked beyond the normal forty hours within the same work week is considered to be overtime. The working of overtime hours by Contractor personnel is not considered to be a normal practice under this Contract. However, upon written request of the Center Director and prior written approval of the COTR, overtime hours may be authorized to be worked. Contract employees shall not work overtime unless the COTR has given advance, written consent to the Contractor.

Payment for overtime hours approved in advance and worked shall be paid at the rate of one and one-half (1.5) times the regular rate for the overtime worked.

CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer (CO) shall be the only individual authorized to direct and/or redirect the efforts, or in any way amend, any of the items of this contract.

FUNCTIONS/LIMITATIONS OF THE CONTRACTING OFFICER’S REPRESENTATIVE (COTR)

The designated COTR will represent the Contracting Officer in the administration of technical details within the scope of this contract. Guidance and possibly surveillance will be furnished by the CO when it is deemed to be necessary and proper.

The COTR is not otherwise authorized to make any representation or commitments of any kind on behalf of the CO or the Government. Furthermore, neither the COTR nor third parties have the authority to alter the Contractor’s obligations or change the specifications in the contract. Changes must be issued in writing and signed by the Contracting Officer.

SPECIFIC CONTRACT REQUIREMENTS

GOVERNMENT FURNISHED PROPERTY

The Government will furnish the following:

· Work space as assigned

· Personal computers

· Telephones

· Other equipment as needed to properly perform job tasks

CONTRACT EMPLOYEE REPORT

The Contractor shall provide a bi-weekly report of Contractor employees assigned to SBA operating centers. The report shall be provided to the SBA COTR electronically on the 1st and 16th day of each month. At a minimum, the report shall contain all additions and deletions of employees by name, position description, date of employment/termination, SBA operating center assigned, and wage rate category.

MONTHLY INVOICES

Contractor shall invoice no more often than once a month. Each invoice shall be submitted only to jaamscp@sba.gov for processing. At a minimum each invoice shall include the employee’s name, position description, wage rate, number of hours worked, total amount billed per employee, and total amount billed for each respective SBA operation center. Each invoice shall include the Contract number, Task Order number, and associated Requisition number for the Task Order.

MONTHLY STATUS REPORT

The Contractor shall provide a monthly status report summarizing activities completed, activities delayed, problem areas determined, and problems resolved. The report should provide a general summary of the Contractor’s work for each operation center for the month. The report shall be submitted to the SBA COTR within 15 calendar days following the last day of the month reported.

PERFORMANCE METRICS

Contractor shall collect metrics data as outlined and in the format provided by SBA’s Office of Financial Program Operations. SBA will collect data related to actions completed by contract personnel (input, output, and in process). Metrics requests may change during the duration of the contract. SBA will provide these changes in data requests 30 days prior to collection. Any major changes in performance metrics shall be stated in the relevant Task Order.

SAFETY AND SECURITY

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(a) Contractor shall comply with Agency personal identity verification (PIV) procedures (identified in the contract) that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility and/or access to a federally-controlled information system.

CONTRACTOR PERSONNEL SECURITY CLEARANCE

Unless otherwise specified, all Contractor personnel shall submit to the COTR, one (1) fully completed Security Package consisting of the following items and SBA forms:

· E-QIP Checklist

· Form FD-258, Fingerprint Chart (2)

· The Accounting Code for year of initial employment

· Estimated report to work date

· Position Description for specific assignment

· SBA Form 1228, Computer Access Clearance/Security Form

· SBA Form 2044, Credit Report Release for Employment

SBA COTR will complete the following for the Security Package:

· SBA Form 1939, Position Designation Record

· Sign the filled SBA Form 1228

Except to the extent the SBA grants a contract employee a temporary security clearance, the Contractor personnel’s Security Package must receive a favorable security background clearance from the SBA’s Office of Inspector General (“OIG”) prior to the personnel reporting to their assigned work site. If the COTR receives an unsuitable report on any of Contractor’s on-site staff after processing the Security Package, or if the Contract COTR finds any of Contractor’s on-site staff to be unsuitable or unfit for assignment, the Contractor shall be advised that the individual cannot continue to work or be assigned to work under the Contract. The Contractor shall immediately remove any such individual from SBA premises.

TEMPORARY SECURITY CLEARANCE

SBA shall have and exercise full and complete control over granting, denying, withholding, or terminating clearance for Contractor personnel. The SBA’s OIG may, as it deems appropriate, authorize and grant temporary clearance to Contractor personnel at the request of the Office of Financial Program Operations. However, the granting of temporary clearance to any Contractor personnel shall not be considered as assurance that full clearance will follow as a result or condition thereof and the granting of either temporary or full clearance shall in no way prevent, preclude, or bar the withdrawal or termination of any such clearance by the SBA.

CONTRACT PERSONNEL CONDUCT

The Contract Officer/COTR may request Contractor to remove an individual from duty for any misconduct or delinquency as listed below.

NEGLECT OF DUTY

The following acts or omissions shall be sufficient cause for the dismissal of any Contractor on-site personnel while on duty: Improper use of computer; Sleeping; Smoking on premises; Eating at your desk resulting in SBA property damage or damage of files; Reading unauthorized materials; Drinking alcoholic beverages; Loitering; Use of offensive language; Unreasonable delay; Failure to carry out assigned tasks; Conducting personal affairs; Unauthorized presence at Center during non-working hours; Carrying weapons or any other device that can endanger the safety of others; Appearing inattentive to duties; Refusing to render assistance; or being uncooperative in upholding the integrity of the SBA security program.

DISORDERLY CONDUCT

Use of abusive or offensive language, quarrelling, intimidation by words or actions, fighting or participation in disruptive activities that interfere with normal and efficient operation shall not be tolerated and may be cause for immediate removal of Contractor’s employee.

CRIMINAL ACTS

Theft, vandalism, immoral conduct, and involvement in any criminal activity shall not be tolerated and may be cause for immediate removal of Contractor’s employee.

INVOLVEMENT WITH ILLEGAL OR CONTROLLED SUBSTANCES

Selling, consuming, or being under the influence of intoxicants, drugs, or substances that produce similar effects, while on duty, shall not be tolerated and may be cause for immediate removal of Contractor’s employee.

MISUSE OF SBA PROPERTY

Unauthorized or improper use of SBA communications equipment, PC, computer networks, or property shall not be tolerated and may be cause for immediate removed of Contractor’s employee.

BREACH OF CONFIDENCE

Contractor personnel assigned to work on an SBA site will be required to sign a Confidentiality Agreement. Contractor personnel may deal with sensitive, personal, and confidential information in the performance of their duties. Contractor personnel shall not discuss the information they obtain in the course of duty with other individuals (including SBA employees, other contractors, and the public).

DEROGATORY INFORMATION

Derogatory information received as a result of a background investigation conducted by SBA may result in immediate dismissal of Contractor’s employee from this contract. Derogatory information includes:

· Falsification of Information. Falsification of information entered on suitability, background, or employment forms.

· Conviction. Conviction of a felony, crime of violence or serious misdemeanor.

· Arrests. Possession of an arrest record for continuing offenses.

SAFETY

WORK METHODS

All work performed in delivering the services specified in this contract shall comply with applicable federal, state, and local safety regulations.

ACCIDENT REPORTING

The Contractor shall report all accidents to the SBA Center Director and the SBA COTR within 24 hours of their occurrence. The COTR, or designated representative, may require the Contractor to complete certain forms to document accidents. The Contractor shall complete these forms promptly, at no additional cost to the Agency.

PHYSICAL SECURITY

PROPERTY, EQUIPMENT AND SUPPLIES

The Contractor shall be responsible for safeguarding all SBA property, equipment, and supplies in his/her work area. At the close of each work period, facilities and equipment shall be secured. All equipment, furniture, and supplies furnished by the Agency shall be used by the Contractor only in support of the requirements of this Statement of Work. Use of privately owned computers is prohibited at SBA operating centers without prior written consent of the Center Director and the Contract COTR.

SBA BADGES, ACCESS AND CONTROL AND KEYS

Contractor personnel must obtain a special SBA Identification badge for entry into their assigned servicing center. The badge must be worn by all Contractor employees at the operation center for which they are assigned and be visibly displayed while on premises at all times.

Contractor shall, in cooperation with each operating center establish and implement methods of ensuring that all keys and access badges issued to Contractor employees by the Agency are not lost or misplaced. No keys or badges issued to the Contractor may be duplicated.

The Agency, at its option, requires the Contractor to replace, re-key, or reimburse the Agency for replacement of locks or re-keying as a result of the Contractor personnel losing keys. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Agency, and the total cost deducted from the Contractor’s monthly payment.

The Contractor shall immediately report the occurrence of a lost key or access card/badge to the SBA Center Director.

It is the responsibility of the Contractor to prohibit the use of keys and access card/badges issued by the Agency by any persons other that the Contractor’s employees. It is also the responsibility of the Contractor to prohibit the opening of locked areas by the Contractor’s employees to permit the entrance of persons other that the Contractor’s employees engaged in the performance of assigned work in those areas.

PERFORMANCE-BASED PROVISIONS

TASKS TO BE PERFORMED

Task One - Each Task Order will state the Labor Categories and number of hours to be worked during the performance period of the Task Order. The Task Order will also state the total price of the Task Order, based on Contractor’s fully loaded labor rate. The firm-fixed price will be a not-to-exceed price, based on actual contact hours of Contractor’s employees.

Task Two – For each Task Order Contractor shall submit accurate and complete invoices in accordance with Contract instructions and no more often than monthly.

Task Three – Bi-weekly reports shall be submitted to the COTR in accordance with this Statement of Work.

Task Four – Monthly Status Reports shall be submitted to the COTR in accordance with this Statement of Work.

Task Five – Contractor shall submit required security documents and information to the COTR for its employees and in accordance with this Statement of Work.

Task Six – Throughout the life of this Contract, Contractor shall provide a Project Manager who fulfills Contract duties as stated herein.

Task Seven – Contractor shall provide supervision for its employees as required in this Statement of Work.

Task Eight – Contractor shall provide performance metrics, as defined in the Task Order Statements of Work, in a timely and complete fashion

For Contract incentives and disincentives see the attached QASP.

ORDERING PROCEDURES

· When a task order is issued to the Contractor, Contractor shall confirm the terms of the Task Order within 10 working days and sign the Task Order provided by the SBA.

· If any clarifications or corrections are required to a Task Order, Contractor shall provide the clarifications/corrections within 5 working days. Each Task Order will be for a firm-fixed price – which will serve as a not-to-exceed price – based on Contractor’s fully loaded labor rates and required labor categories.

· A Task Order is binding when signed by both parties, using a Standard Form (SF) 1449.

· Only an SBA Contracting Officer can issue, negotiate, and obligated Task Orders.

· No agreements by the Government to place future orders are stated or implied.

· Terms and conditions will be stated in each Task Order. The basic IDIQ contract also contains terms and conditions. In the event of conflict, the terms and conditions of the Task Order will have priority. Each Task Order will have the relevant Department of Labor Wage Determination for the locations where work is to be performed both attached and incorporated.

· Contractor need not accept a Delivery Order under the minimum of $5,000.00 or over the maximum of $700,000.00.

MAXIMUM AND MINIMUM TASK ORDER AMOUNTS

The minimum amount for a Task Order is $50,000.00. The maximum amount for a Task Order is $700,000.00. Orders may be proposed that are for less than the minimum or more than the maximum, and Contractor may choose (but is not required) to accept them.

For all Delivery Orders placed pursuant to this IDIQ Contract, the maximum total amount that may be ordered for the entire period of performance (base year and any exercised option years) is $65 million.

TRAVEL REQUIREMENTS

Travel is not anticipated. Contractor employees will be responsible to getting themselves to and from the workplace at their private expense. However, should special travel be required, all travel must be preapproved in writing by the COTR. Government travel rules and regulations will be applied to all aspects of any travel.

NON-PERSONAL SERVICES STATEMENT

Contractor employees performing services under this requirement will be controlled and supervised at all times by management personnel of the Contractor. Contractor management will ensure that its employees properly comply with the performance work standards, and that they perform their duties independently without the supervision of Government personnel. The tasks, duties, and responsibilities set forth in the requirement may not be interpreted or implemented in any manner that results in any Contractor employee creating or modifying Federal policy, obligating funds of the Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee or otherwise violating Government prohibitions. Inherently Governmental functions are not to be assigned to or performed by Contractor employees. The Government will perform inspection and acceptance of completed work.

SBA CONTACT PERSONNEL

Points of contact for this contract are:

Contracting Officer (CO): Cheryl T. Flanagan, 303-844-2035, Cheryl.Flanagan@sba.gov

Contracting Officer’s Technical Representative (COTR): Tara Kelly, 202-205-0106, Tara.Kelly@sba.gov

ATTACHMENTS

Appendix A – Position Descriptions

Appendix B – Quality Assurance Surveillance Plan (QASP)

SBAHQ-11-R-0022 – Attachment 2 - Staff Augmentation Support Services – Performance-based Statement of Work Page 1