Performance Work Statmnt PA CS Spt Large 2012 revised.doc

PERFORMANCE WORK STATEMENT

Basic Ordering Agreement

Contract Specialist Staffing Services in Support of the SBA, DFC, Acquisition Division Part 1

General Information

General: This is a non-personal services Basic Ordering Agreement (BOA) to provide Contractor positions for Contract Specialist support.

Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Contract Specialist support as defined in this Performance Work Statement (PWS) except for those items specified as Government Furnished Property (GFP) and services. The Contractor shall perform to the standards identified in this BOA.

Type of Contract: The Government anticipates awarding a multiple year, fixed-fixed price type basic ordering agreement (BOA).

On Site Management: The Contractor shall designate an on-site, Site Lead which shall have full authority to act for the Contractor in all matters relating to Contractor performance and shall work with the Government's Contracting Officer Technical Representative (COR) in the overall administration and management of the required services. This person is considered a Key Person to the BOA and shall be designated in writing to the Contracting Officer (CO). If the Contractor anticipates making a change in Key Personnel, the Contractor shall make a best effort to provide notification to the Government at the earliest possible date. The Government desires, but does not require a 30 day notice. In no case should the Site Lead position be left vacant. A temporary Site Lead designated from other Contractor supplied personnel may be acceptable to the Government, but must be coordinated prior to any absences. This notification is not required if the personnel change is a result of a Government request for removal. Contract management shall be available during duty hours to meet with Government personnel designated by the Contracting Officer to discuss problem areas.

Removal of Contractor Personnel: The Government may withdraw a previously issued approval or assignment of Contractor personnel to this BOA and direct that the individual be removed from the BOA based upon the individual not meeting Government expectations or requirements for personal, professional, or performance standards.

Background: This effort is to provide persons to independently perform as Procurement Analysts and/or Contract Specialists with the Small Business Administration, Denver Acquisition Center. The Denver Acquisition Division function is responsible for the award and administration of efforts funded with appropriated funds. At this time and it is not anticipated that that the Acquisition Division will work with instruments involving grants, agreements or other transactions.

Objectives: Procurement Analysts and/or Contractor Specialist will provide non-personal services responsibilities for assisting with actions associated with the primary categories of: a) conduct of the annual independent verification and validation regarding SBA’s procurement data entered into the Federal Procurement Data System-Next Generation (FPDS-NG), b) Reviews, Research and Data Management regarding acquisition effort; c) pre-award effort; d) post-award administration; e) contract closeout; and f) general acquisition assistance for a variety of supply, and service projects.

Period of Performance: The period of performance for this BOA shall be five years. Individual Task Orders will be issued regarding specific needs. Periods of performance for the associated Task Orders are dependent upon funding and need. It is anticipated but not guaranteed that there will be an annual tasking to conduct the annual independent verification and validation regarding SBA’s procurement data entered into the Federal Procurement Data System-Next Generation (FPDS-NG). Other Task Orders and specific taskings will be based on need and budget.

Quality Control Plan: The Contractor shall establish and maintain a Quality Control Plan (QCP) to ensure the requirements of this BOA are provided as specified. The Contractor shall provide a QCP describing the inspection system for the requested services listed in the PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The written QCP shall be required when proposals are submitted. The CO will notify the Contractor of acceptance or required modifications to the QCP. The Contractor shall make appropriate modifications (at no additional cost to the Government) and obtain acceptance of the QCP by the Contracting Officer before the start of the performance period. Any resubmission for Government recommended adaptations shall be accomplished within forty-five (45) days of issuance of the award. Thereafter, the QCP shall be updated as changes occur and shall be submitted for review and acceptance by the Government.

Quality Assurance: The Contractor’s performance under this BOA shall be evaluated by the Government in accordance with the Quality Assurance Surveillance Plan (QASP). The QASP defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rates. When an observance indicates defective performance, the COR will notify the Contracting Officer and the Contractor and document the observation in accordance with the QASP.

Recognized Holidays: The Contractor will not perform services on the below listed recognized Federal Holidays or as directed below:

New Year’s Day

Labor Day

Martin Luther King Jr.’s Birthday

Columbus Day

President’s Day

Veteran’s Day

Memorial Day

Thanksgiving Day

Independence Day

Christmas Day

Any other day/time designated by Federal statute, executive order, or Presidential Proclamation.

Adverse weather conditions or national emergencies may require the Center to close.

Continuity of Service: The Contractor must at all times 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.

Hours of Operation: The Contractor is responsible for providing service at such times as agreed and between the facility core business hours of 6:30 A.M through 6 P.M, Monday thru 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. Typical workdays are eight hours per day, per employee during the prescribed business hours. The prescribed period during which lunch may be taken is between the hours of 11:00 A.M. and 1:00 P.M.

Overtime Directed by the Government. At the time of award, overtime is not anticipated or funded. In the event that overtime is required under this BOA, such will be negotiated and the PWS and Schedule will be adapted accordingly.

Place of Performance: The primary place of performance for work to be performed under this BOA will be performed at the Small Business Administration (Denver Finance Center), 721 19th St., Denver, CO 80202. For specific tasks under separate order, an alternate primary location may be established as the Small Business Administration’s Washington DC headquarters, 409 3rd St. SW, Washington DC, 20024. For these specific tasks the principles and support personnel will need to be physically located in the Washington, DC area and may require travel back to the Denver Finance Center. Efforts to be performed at this alternate primary location will most likely necessitate the supporting staff be from the Washington, DC area. In the event this alternate primary location is specified under a task order, the pricing and planned travel will be negotiated and established by bi-lateral agreement between the Government and the Contractor.

Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. Thereafter, the Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. It is anticipated that there will be quarterly meetings. At these meetings, the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of any problems being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. There is no separate price line for these meetings.

Contracting Officer Representative (COR): If the Contracting Officer (CO) determines there to be the need, the CO may appoint a COR by separate letter. The COR monitors all technical aspects of the BOA and assists in administration of the agreement. The COR is authorized to perform the following functions: ensuring the Contractor performs the technical requirements of the BOA; performs inspections necessary in connection with BOA performance; maintain written and oral communications with the Contractor concerning technical aspects of the BOA; issue written interpretations of technical requirements; monitor Contractor's performance and notify both the CO and Contractor of any deficiencies; coordinate availability of Government Furnished Property (GFP), and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, outlines the responsibilities and limitations of the COR. In reference to changes in cost, price, estimates and/or changes in delivery dates, the COR is not authorized to change any of the terms and conditions of the agreement or resulting orders.

Key Personnel:

a. Certain skilled and experienced professional and/or technical personnel are essential for successful contractor accomplishment of the work to be specified under this contract. These are defined as “Key Personnel”. The contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs b. and c. below.

b. The contractor shall obtain the Contracting Officer’s written approval to substitute for any key personnel should they become unavailable for performance under the contract. The contractor shall consult with the Contracting Officer if any of the key personnel, in any way, plans or anticipates less effort to be contributed to the work than specified in the contract. If SBA determines that the reduction of effort would be so substantial as to impair the successful prosecution of work it may request a change in personnel, termination of the effort, or other appropriate modification of the order.

c. In addition to the above, the contractor shall consult with the Contracting Officer if changes are to be made in key personnel previously committed to perform work in accordance with the contract. No changes of key personnel shall be permitted without prior approval of the Contracting Officer. All requests for approval of substitutions shall be in writing and received by the Contracting Officer at least 15 days prior to making any substitution, and provide a detailed explanation of the circumstances necessitating the proposed substitution(s). The request shall contain a complete resume for the proposal substitution, and any other information requested by the Contracting Officer or needed to determine adequacy of the proposed substitution. Proposed substitutions shall have comparable qualifications to those of the personnel being replaced. The Contracting Officer or his authorized representative will evaluate such requests and promptly notify the contractor of approval or disapproval in writing.

d. Key personnel shall be available between the core hours of 9:00 a.m. to 4 p.m., Monday thru Friday except Federal holidays and/or when the Government facility is closed for administrative reasons. No later than five (5) days after award, the Contractor will provide the Contracting Officer with the name(s) of any key persons. The follow is considered key personnel by the Government:

Site Lead (SL): The Contractor shall provide an onsite, Site Lead. The Site Lead shall be responsible for the supervision/management of Contractor personnel performing work at all listed sites. The Site Lead will physically located at the Denver Finance Center. There will be no Telework option for the Site Lead. In the event that an additional Site Lead is desired by the Government or determined to be necessary by bi-lateral agreement between the Government and the Contractor, such will be negotiated and the PWS, QASP, and Schedule will be adapted accordingly.

Qualifications for Key Personnel: At this time, the Government does not estimate the sole duties as Site Lead will justify a full time position. It is anticipated at performance start-up the Site Lead may have significant Lead duties; however, as the process matures, it is anticipated the Site Lead will have a minimum of sixty (60) percent non-management time per two week period. The Government envisions the position to be a working Contract Specialist position with additional Lead responsibilities. The Site Lead shall have at a minimum the same basic federal procurement analysts and/or contracting background, experience and training as the other Contractor provided personnel.

Special Qualifications: To perform the efforts under this performance work statement, the Government estimates that the following special qualifications would be needed. It is desired that all Contractor personnel providing services hereunder will at a minimum have at some time possessed: 1) certification to Level II under the Defense Acquisition Workforce Improvement Act (DAWIA), or 2) certification to Level II under the Federal Acquisition Certification-Contracting (FAC-C), or 3) proof of all applicable training required for the certifications listed in 1) or 2) or 4) a documented, progressive history of performance as a contractor in support of efforts such as explained in this performance work statement. One of the primary efforts under this performance work statement entails querying data from Federal data bases related to a Federal Acquisition function of an operational contracting office. In particular, data entered into and recorded in FPDS-NG. Personnel assigned to that task must have a developed understanding of the relationship of data elements from contract awards and how those elements are reported in FPDS-NG. Additionally, these personnel must know how to query data from FPDS-NG; analyze the data for inconsistencies in comparison to current Federal Acquisition Regulation provisions and Office of Management guidance and as recorded in the associated Agency contract/order files; and there from make/render written summaries of issues found during these analyses. In addition to knowledge associated with FPDS-NG, the associated personnel must have a developed understanding of working with Microsoft Excel. Experience related to general support of Federal Warranted Contracting Officers includes the knowledge and factors associated with the Office of Personnel Management (OPM) guide for career series GS-1102, Contract Specialist, Contract Administrator, or Procurement Analysts for the Federal grades of GS11, GS12 or GS13.

Additional Tasking Special Qualifications: To perform task with alternate primary location in Washington, D.C... The Government estimates that the following special qualifications would be needed: one (1) senior-level consultant with at least ten (10) years of Federal procurement experience, including experience at the government-wide/Department or Agency level; and one (1) junior- or mid-level consultant or analyst with at least five (5) years of experience. These personnel must demonstrate sufficient knowledge in assessment and documentation of organizational and functional requirements, workflow procedures, and best practices and/or standards for Federal agency acquisition policies and regulations. These personnel should also have experience in reviewing or auditing government acquisition processes and procedures.

The Contractor shall, in advance of employees reporting to the work furnish to the Contracting Officer one summary resume for each position to be filled or replaced on the respective task; giving the proposed employees’ education/training, experience, skill levels, affiliations and other characteristics that relate to requirements/qualifications of the work to be done on the task order. The Contractor shall provide any and all factual data (dates, certification, etc.) to the Contracting Officer with submission of each employee’s resume. Any qualification information questioned or requiring verification will be identified to the Contractor for action and be resubmitted. Omission of supporting documentation may result in the applicants not being considered. Concurrence of the Contracting Officer is required prior to contractor employees applying for security clearance.

Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, corresponding through electronic e-mail messages, 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 they are Government Federal Employees. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

Contractor Travel: Travel will be in accordance with the Federal Travel Regulation.

Other Direct Costs (ODC): At the time of award, ODC(s) are not anticipated or funded. In the event that ODC(s) are required under this BOA, such costs will be negotiated and the PWS will be adapted accordingly.

Data Rights: The Government has unlimited rights to all documents/material produced under this BOA. All documents and materials, to include the source codes of any software, produced under this BOA shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright 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 shall 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.

Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this BOA may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) 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.

Security Requirements: The Denver Finance Center is located in a Federal Courts building which has entrances/egress which are accessed through guarded checkpoints. All persons entering the building are required to go through metal detectors and are subject the screenings similar to that of an international airport.

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 in accordance with local regulations and/or procedures that may be in effect at during the prescribed period of performance. No Government files or media will be removed from the Denver Finance Center without prior coordination and approval of the Contracting Officer.

Key Control: The Contractor shall establish and implement methods of making sure that in the event that services are provided in a Government facility that requires controlled access that all keys/key cards or ingress/egress access codes issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards and/or access codes. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

Lock Combinations: The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

Phase In /Phase Out Period: Planning time for Phase changes is estimated not to exceed thirty (30) days. The specific Phase change time schedule will be established by mutual agreement between the Contracting Officer and the Contractor.

Phase-in Plan. It is essential to the Government that services currently being performed are continued without interruption. The phase-in period will be established to allow the new Contractor to finalize selection of personnel, to process all required security and access actions and to familiarize selected personnel with the facility. Access to the facilities will be allowed to familiarize supervisors, key personnel and/or primary staff with equipment, reporting, work scheduling and procedures. Access will not interfere with the production efforts of current Contractor or Government personnel. To preclude such interference, arrangements for access to the Government facilities will be made with the Contracting Officer.

Phase‑Out Activities. If there is a change in Contractor or if the operation reverts to in-house, the incumbent Contractor shall provide familiarization to the Government or the follow-on Contractor, whichever is applicable. During the phase-out familiarization period, the incumbent shall be fully responsible for all current services. In the event the follow-on agreement is awarded to other than the incumbent, the incumbent Contractor shall cooperate to the extent required to permit an orderly change over to the successful Contractor. With regard to the successor Contractor’s access to incumbent employees, a recruitment notice may be placed in each facility. At the conclusion of any performance period, including option periods or extensions, the services provided under this BOA may be awarded to another Contractor. The Contractor in place shall be required to assist in the Phase In activities.

Temporary Relocation: Due to upgrades to the Federal Building which houses the Denver Finance Center, the entire Denver Finance Center will temporarily relocate during FY12/FY13. The relocation will be between floors of the building. Similar space and facility support will be provided to the contractor during this temporary relocation. Additionally, assistance will be provided by the Government to physically relocate and return to the main Office area.

PART 2

DEFINITIONS & ACRONYMS

Definitions:

Contractor: A supplier or vendor having a contract or agreement to provide specific supplies or service to the Government. The term used in this contract refers to the prime contract, or agreement provider.

Contracting Officer (CO): A person with authority to enter into, administer, and/or terminate contracts and agreements, and make related determinations and findings on behalf of the Government. Except for certain limited authority delegated by the Contracting Officer to a technical representative, the Contracting Officer is the only individual with the authority to direct the work of the Contractor. 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, or agreement. Such appointment shall be in writing and shall 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, or agreement, 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, or agreement.

Defective Service: A service output that does not meet the standard of performance associated with the Performance Work Statement and the Quality Assurance Surveillance Plan.

Deliverable: Anything that can be physically delivered but may include non-physical 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, or agreement 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 Plan: A Contractor provided, written document addressing all necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract, or agreement requirements.

Subcontractor: One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the Subcontractor.

Work Day: The number of hours per day the Contractor provides services in accordance with the contract, or agreement. For the purposes of this agreement, a work day is further defined as eight (8) hours per day, per service provider.

Work Week: Is defined as Monday through Friday, unless specified otherwise.

ACRONYMS:

CDR

Contract Discrepancy Report

CFR

Code of Federal Regulations

CO

Contracting Officer

COR

Contracting Officer's Representative

COTR

Contracting Officer's Technical Representative

FAR

Federal Acquisition Regulation

SBA

Small Business Administration

ODC

Other Direct Costs

PIPO

Phase In/Phase Out

POC

Point of Contact

PoP

Period of Performance

PRS

Performance Requirements Summary

PWS

Performance Work Statement

QA

Quality Assurance

QAP

Quality Assurance Program

QASP

Quality Assurance Surveillance Plan

QC

Quality Control

QCP

Quality Control Program

TE

Technical Exhibit

PART 3

GOVERNMENT FURNISHED SERVICES, FACILITIES, AND EQUIPMENT

Services: The Government will provide services to set-up supporting equipment as required under this BOA. Utilization of Government information systems and internal mail distribution systems will be provided to the extent that contract performance requires their use. Systems must not be used for Contractor or individual employee purposes. Contractor personnel may use available initial emergency medical services and concessions located in Government facilities.

Facilities: The Government will provide facilities for performance under this BOA. Contractor employees shall be provided suitable work stations (e.g., desk, chair, etc.) required to perform the services herein. Facilities will be located at: a) (primary location) the Small Business Administration, 721 19th St., Denver, CO 80202, or b) (alternate primary locations) Small Business Administration, 409 3rd St SW, Washington DC, 20024.

Utilities: The Government will provide basic utilities, e.g., electrical, water, network connections required to provide service under this BOA. The Contractor shall instruct employees in utility conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which shall include the following: (a) Lighting shall be used only in areas where and when work is actually being performed; (b) Mechanical equipment controls for heating, ventilation, and air-conditioning systems shall not be adjusted by the Contractor or by Contract employees unless authorized; (c) Water faucets or valves shall be turned off after the required usage has been accomplished; (d) Government telephones, computer, and other Government equipment shall be used for official Government business.

Equipment: The Government will provide the Contractor employee access to appropriate equipment required to perform services for each task at Government facilities. This equipment may include but is not limited to: scanners, fax machines, printers, computers and supporting paper, ink cartridges, and available administrative supplies similar to those provided to Federal employees.

Materials: Regulations, guidance and procedures are typically available via electronic systems available to personnel under this award. If necessary, the Government will provide paper copies of any additional material needed for performance.

PART 4

CONTRACTOR FURNISHED ITEMS

General: The Contractor shall furnish all other supplies, equipment, facilities and services required to perform work under this BOA that are not listed under Section 3 of this PWS.

Security Clearance: In accordance with FAR 52.204-9, Personal Identity Verification of Contractor Personnel (JAN 2011) and specific SBA Security Requirements found within this agreement, the Contractor is responsible to provide and maintain personnel which can meet the security clearance requirements of the SBA. The SBA mission includes a fiscal responsibility element. Due to this mission element the Agency clearance may necessitate providing supporting documentation regarding personal finances. All personnel must be able to meet the security requirements of the Agency. Contractor personnel performing work under this BOA will be required to submit all necessary and requested documentation to complete the Agency’s security background checks and thereafter continue to meet the requirements necessary to maintain the appropriate security clearance. The Government pays for the costs of the background check and it is expected that contractor personnel will be expeditious and complete in their submission of any/all requested documentation to support the clearance. The SBA is a funds handling Agency and there is emphasis placed on the financial background of all employees and contractors. If a person submitted for clearance fails to submit any requested documentation within ten (10) work days of request, their background check may be cancelled and the prime contractor will be responsible to both: reimburse the Government for all changes associated with the cancelled background check and within ten (10) business days submit a new candidate for consideration.

Materials: Not applicable.

Equipment: Not applicable.

PART 5

SERVICES AND TRAINING

Services: The Contractor shall provide the services of Procurement Analysts and Contract Specialist support in the primary categories of: a) conduct of the annual independent verification and validation regarding SBA’s procurement data entered into the Federal Procurement Data System-Next Generation (FPDS-NG), b) assess and document potential Agency policy and procedure regarding the acquisition function; c) Reviews, Research and Data Management regarding acquisition effort; d) pre-award effort; e) post-award administration; f) contract closeout; and g) general acquisition assistance for a variety of supply, and service projects. Sub services of the primary categories of service include but are not limited to:

a) Independent Verification and Validation (IV&V)

· Either propose a testing plan/methodology and/or adapt/augment SBA testing so as to conduct an IV&V of 100% of the annual Acquisition Division entries into FPDS-NG sufficient to support the Agency’s annual certification of FPDS-NG to OMB.

· Prepare a draft response for the Agency’s annual certification of FPDS-NG, by no later than the end of day Friday of the first week in December following the end of the previous Federal Fiscal Year.

· The review and response must cover all the key elements as proposed by OMB.

· In addition to the elements proposed by OMB, the review must cover all typical element relationships which if inconsistent could be seen as anomalies to reporting. These include but are not limited to inconsistencies in: reporting of various codes in relation to vendor reported information; reporting of codes in relation to the described effort; and/or missing data which would be typical in relation to other information contained in an individual FPDS-NG report for a separate award action.

· Activities associated with this task will include but are not limited to efforts involving generating reports, tracking and analyzes of information from databases, spreadsheets, graphs, and/or word processing documents and reports. Sub actions may include researching correspondence, previous reports and other documentation; interviewing subject matter experts and other knowledgeable staff to gather data, statistics, and program information. Research could be from manual/hard copy source information, and/or from various network or web based systems. Network or web based systems include but are not limited to: PRISM (Agency contract writing system); the Central Contractor Registry (CCR); the Federal Procurement Data System – Next Generation (FPDS-NG); and/or the Federal Financial System (FFS).

· The contractor must provide their testing plan as part of the deliverable items for any Task Order for this effort.

· After agreement of testing plan, the vendor will provide monthly, at end of each month, updates as to the results of findings under the IV&V. The monthly updates will address all findings across all elements and/or criterion of the approved test plan.

b) Documentation SBA’s Current Acquisition Processes and Draft Recommendations for Agency Standard Operating Procedures for Acquisitions

· Document and Analyze SBA’s Current Acquisition Procedures by conducting a functional assessment of the current agency process for procuring goods and services by reviewing and documenting the acquisition life-cycle from the requisition phase through contract close-out phase. The analysis will assess the agency’s current practice for its compatibility with resources, personnel and organizational competencies, infrastructure, and regulatory requirements of the activities in both the Denver Finance Center’s Acquisition Division and Headquarters located in Washington, DC. It will be based on: interviews with subject matter experts and designated Agency personnel. The post-assessment report documentation will include an assessment of the current “as-is.”

· If requested, the Contractor should use information gathered in developing the “as-is” documentation to make recommendations on a “to be” state for agency acquisition processes and procedures that will incorporate regulatory compliance and promote Federal “best practices.” The recommendations will provide an actionable and prioritized list of improvements that can be made to the acquisition procedures at the agency.

· If requested, using “as is” report and comparative analysis, provided recommendations on potential alternative or alternatives. Documented alternative(s) should include sufficient detail as to explain the position supporting alternatives and as well as an implementation plan, timeline and an estimate of implementation costs.

· If tasked generate a draft Standard Operating Procedures (SOP) structured as a process manual or “handbook” to provide necessary information for both the Acquisition Division and internal SBA customers for the full acquisition lifecycle, as pertaining to SBA. The SOP should reference the requirements of the FAR without becoming a FAR Supplement and should be of sufficient general content so as not to require frequent SOP updates as the FAR might change. The SOP should be user-friendly and concise, with easy to follow guidance, steps and checklists, which may be included as attachments or appendices. In addition to FAR requirements, the SOP should also fulfill OMB Office of Federal Procurement Policy guidance for procurements and address government-wide ”best practices.”

· In addition to providing on-going and direct feedback to the CO and designated COR, as appropriate, the contractor shall formally report, at least weekly, on the work status to include: accomplishments since the last report, next steps to be accomplished and issues and challenges to the completion of the project. Milestones will be identified and compared to the work accomplished.

c) Reviews, Research and Data Management

· Based on: interviews with subject matter experts and designated Agency personnel; performs comprehensive end-to-end analysis of process and/or procedures which may be written/approved and/or situationally adapted and undocumented; and thereafter generates documented report of “as is” state.

· If requested, using “as is” report, does comparative analysis to a prescribed standard, such as to OMB acquisition policy/procedure on a topic of analysis and provide a documented comparison for consistencies/inconsistencies.

· If requested, using “as is” report and comparative analysis, provided recommendations on potential alternative or alternatives. Documented alternative(s) should include sufficient detail as to explain the position supporting alternatives and as well as an implementation plan, timeline and an estimate of implementation costs.

· Based on: provided copy of an acquisition standard operating procedure (SOP), interviews with designated Agency personnel, and applicable, current published Federal Guidance particular to the subject of the SOP, draft a revision of the provided SOP. Potential SBA SOP subjects include but are not limited to: general acquisitions policy/procedures and/or guides, government purchase card policy and/or Federal Acquisition Certification policy.

· Reviews customer proposed acquisition packages for completeness and prepares a summary of the review to include an evaluation regarding completeness of the submissions and recommendations regarding the submitted documents.

· Performs reviews of pre-solicitation notices, solicitations, and pre-award documentation. The reviews are to determine if the aforementioned were prepared in accordance with the Federal Acquisition Regulation (FAR) and all supplemental regulations, policy and guidance applicable to the Small Business Administration. All reviews and comments will document, will cite all references and will be conducted within the prescribed time lines. Documents issues and returns to appropriate author for correction.

· Conducts reviews of contracts or contract changes within predetermined categories based on dollar value, method of acquisition, and other factors. Reviews for appropriate contract type, pricing provisions, selection of source, acquisition method, determinations and findings, documentation, clarity of contract terms, propriety of cited funds, and need for issuance of unpriced contractual documents.

· Reports on, tracks and analyses actions regarding automated documents such as spreadsheets, graphic, databases, and word processing documents and reports.

Sub actions may include researching correspondence, previous reports and other documentation; interviews subject matter experts and other knowledgeable staff to gather data, statistics, and program information; and analyzes workflow, operating procedures, and organizational design. Research could be from manual/hard copy source information, and/or from various network or web based systems. Network or web based systems include but are not limited to: Federal Business Management System (FBMS); PRISM; Central Contractor Registry (CCR); Federal Procurement Data System – Next Generation (FPDS-NG); Federal Financial System (FFS), as well as other E-Government/E-procurement initiatives and systems.

· Advises management and Contracting Officers on matters pertaining to contracting policies and procedures. This will include analyzing published policy and procedural guidance and providing written and/or oral summaries of specific characteristics and potential impacts on resources, time and/or budget.

· As tasked, will work with the SBA or Departmental lead(s) to develop new processes and/or procedures to adapt to changes in the SBA’s procurement processes.

d) Pre Award and Award

· Assist with the development of the solicitation and/or pre-solicitation notice. Makes written and/or oral recommendations regarding specific contract language and clauses, appropriate type of contract, and coordinates with the socioeconomic specialists relative to special programs. Makes written and/or oral recommendations regarding minimum or maximum order limitations, method of award, and distribution of solicitations.

· Assist with recording and reviews bids or offers submitted, notes responsiveness to the solicitation, reviews information regarding bidder's capacity to perform and comply with contract clauses and specifications, evaluates protests and mistakes in bids and makes written and/or oral recommendations to the appropriate Federal Contract Specialist or Contracting Officer.

· Assist with developing Government positions in support of planned negotiations on price, technical requirements, terms, and conditions of the contract.

· In formally advertised procurements, assists in the preparation of solicitations, conducts market research and recommends sources to be solicited, assist with pre-bid conferences, opines, orally and/or in writing regarding the responsiveness of bids and evaluates the responsibility of the apparent low bidder based on an analysis of financial and technical information gained during the pre-award survey.

· In negotiated procurements, assist with planning the procurement action with technical, legal, and contract pricing personnel. As requested, assist in the development of the Statement of Work (SOW) or Performance Work Statement (PWS), opines regarding the type of contract best suited to the requirement, and as prescribed by regulation and/or guidance assist with the development of special clauses and terms and conditions applicable to the solicitation.

· Evaluates proposals and makes written and/or oral recommendations to the appropriate Federal Contract Specialist of Contracting Officer regarding reasonableness of prices offered as well as responsiveness and responsibility of proposing Contractors.

e) Post Award

· Monitors Contractor performance in relation to the completion schedule required by the applicable contract, evaluates and assist with tracking and reporting regarding timely submission of technical progress reports.

· Analyzes contract fund status reports, reviews actual expenditures made by Contractor, reviews reports made by technical specialists, verifies and reports if the Contractor's progress and expenditures compare with negotiated estimates is in accordance with contractual terms, prepares appropriate correspondence and recommendations to the Contracting Officer and maintains file documentation. Coordinates with the Contracting Officer regarding the need for additional funds or makes recommendation regarding deobligate funds when the Contractor's performance varies significantly from the original estimate.

· Recommends appropriate action regarding defective specifications, changed site conditions, or changes in Government-furnished property.

· Assist with resolution of delivery schedule problems between Contractors and buying activities, and recommends potential Government position regarding delivery schedule changes.

· Maintains records and registers on the status of various contract administration actions or requirements.

· Assist with and documents post award conferences and meetings.

· Receives reviews and opines on and/or generates written opinions on submissions and progress or other questions regarding the meaning of terms and conditions.

· Reviews and advises the Federal Contract Specialist or Contracting Officer regarding Contractor compliance with applicable contract clauses, e.g., small business, patent rights, labor laws, and progress reports.

· Assist with processing invoice submission and all documentation associated with invoices and payments.

f) Contract Closeout

· Analyzes contract fund status reports, reviews actual expenditures made by Contractor, reviews reports made by technical specialists, and then researches and reconciles any differences.

· Coordinates with the contracting Officer regarding the need for additional funds or makes recommendation regarding deobligated funds.

· Prepares all supporting documentation for closeout of the contracting file.

g) General Acquisition Assistance

· Based on interviews with subject matter experts, CORs, and/or other knowledgeable staff, gathers data to draft statements of work, performance work statements, quality assurance surveillance plans, market research and general documentation for budgetary estimates for Agency projects.

· Makes written and/or oral recommendations regarding specific contract language and clauses, appropriate type of contract, and coordinates with the socioeconomic specialists relative to special programs.

· Makes written and/or oral recommendations regarding minimum or maximum order limitations, method of award, and distribution of solicitations.

Training: The BOA schedule will list the general characteristics, and job categories of required personnel. All initial contracted personnel will be instructed by on-the-job or in classes at Government expense in basic local procedures and Government unique systems necessary for performance under this BOA. The hours to complete this initial training are a billable expense under the BOA. The Government will provide initial training to contracted personnel if the training is determined to be technically complex and unavailable from commercial sources. In those situations where the Government provides training to contracted personnel, it may be provided at no cost to the Contractor or contracted employee. In the event the Government withdraws a previously issued approval or assignment of a specific Contractor personnel to this BOA and directs that the individual be removed from the BOA based upon the individual not meeting Government expectations or requirements for personal, professional, or performance standards the Contractor will be responsible for all costs associated with training the replacement employee to the previous level of the removed employee. This will include training on Government specific systems. Time specific to training the replacement employee(s), to include both formal and on-the-job training on the Government specific systems are not billable to the Government.

PART 6

SPECIAL REQUIREMENTS

Intent: A Basic Order Agreement (BOA) is a written instrument of understanding and is not a contract. This BOA shall not state or imply any agreement by the Government to place future contracts or orders with the contractor or be used in any manner to restrict competition.

Method of Pricing: It is the intent of the US SBA to issue orders which will identify the labor categories and number of positions required for specific time frames. Pricing of each order will be based upon the established hourly rates for each labor category. The BOA will identify the various labor categories and hourly rates for each.