draft-PWS.pdf

PERFORMANCE WORK STATEMENT

C.1.GENERAL: This Performance Work Statement (PWS) describes the non-personal services required by the Small Business Administration, Office of Advocacy.

C.2. BACKGROUND: The Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), requires federal agencies to consider the economic impact for their proposed rules on small entities. If the impact, be it positive or negative, is significant, the agencies are then required to prepare a regulatory flexibility analysis, which includes consideration of alternatives that are either less burdensome or more beneficial to the affected small entities. In lieu of preparing an initial or final regulatory flexibility analysis, an agency head may certify the proposed regulations will not have a significant economic impact on a substantial number of small entities and publish with the certification the factual basis in support of that determination.

The basic premise of the RFA is that agencies collect and analyze economic data to examine the impact of their proposals on small entities. Regrettably, agency compliance is inconsistent and the analysis often lacks sufficient information and statistics to gauge the impact of the rule on small entities or which alternatives would be beneficial to small entities. Some agencies do not examine the appropriate regulatory alternatives that would lower costs and provide equivalent or comparable benefits to the agency proposal, or fail to evaluate the benefits of the proposal.

Without adequate economic or technical analysis from the agency, the Office of Advocacy needs to obtain information from other sources in order to make cogent arguments that the agency should adopt a particular regulatory alternative. Advocacy recognizes that agencies should be more willing to accept alternative regulatory approaches that are supported by sound economic data and analysis of the benefits.

C.3. OBJECTIVE: This requirement is to expand the Office of Advocacy’s access to economic data, technical expertise and knowledge (such as environmental engineering) to analyze the impact of individual regulatory proposals on small entities. This requires understanding of specific industries, the ability to rapidly accumulate industry-specific data, and the capacity to analyze this data within a fixed time period.

Most importantly, the selected Contractor shall assist the Office of Advocacy by identifying regulatory alternatives, as well as data and methodologies to evaluate the costs and benefits of the agency’s regulatory proposal and less costly alternatives.

C.4. SCOPE: Current products are available at the Office of Advocacy’s website: http://www.sba.gov/advo. This contract will provide the Office of Advocacy with appropriate data, statistical, economic and technical analyses to comment on specific rules proposed by the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA), and other agencies as may be assigned.

The project entails a technical and economic review of Advocacy-specified proposed rules and draft alternatives under or for consideration by the agencies. The Contractor will utilize, among other sources, the data provided by the agencies and industry to analyze the small-firm impacts of such rules. The benefits and costs of alternatives to small firms, their comparative problem solving effectiveness, and recommendations for final rules affecting small firms, should be included in the final analysis.

In addition, under section 609 (b) of the Regulatory Flexibility Act, the Office of Advocacy participates with the Office of Management and Budget, EPA and OSHA in a panel process to deliberate over the content of proposed rules, in advance of the agency issuing the proposed rule in the Federal Register.

Historically, the bulk of the work performed under this contract has been to support Advocacy’s participation in these panels. This is likely to continue in future years.

C.5. SUMMARY OF REQUIREMENTS: Contractors must submit quotes or offers that address one or more specific Federal agencies or subject matters, rather than all Federal agencies. However, Contractors may also separately address other area of small business interest, such as tax, labor, health rules, and homeland security. We plan to focus on the EPA/OSHA area, and will entertain other subject areas if qualified Contractors make an appropriate offer.

Unless otherwise provided herein, the Contractor shall furnish the necessary qualified personnel, material, and equipment to perform the following functions:

http://www.sba.gov/advo

• Accumulate technical and economic data on industries affected by specific proposed federal regulations determined by the Office of Advocacy.

• Analyze the proposal to determine the extent of the economic impact and whether alternatives exist that are less costly while achieving the regulatory objectives.

• Provide alternatives to the agency’s proposal, such as tiering of exemptions, and examine the economic impact and technical merit of those alternatives.

• Examine compliance with the Regulatory Flexibility Act, the Data Quality Act, the Paperwork

Reduction Act, and Executive Order 12866.

• Collect data from the federal agencies, their contractor, Advocacy, industry, and other sources for measuring the impact of proposed rules on small business and possible alternatives being considered by the agency or deemed appropriate by Advocacy and the Contractor. Review the rulemaking docket for other relevant information.

• Select alternative rules to be analyzed as appropriate (including those being considered by the agencies and alternatives deemed appropriate and consistent with applicable laws by the contractor).

• Estimate the direct and indirect financial and economic impacts of each rule and each alternative, in total costs, using Return on Investment (ROI) or similar methodology, unless the cost is too small for quantitative analysis. This estimate should include, where possible, cost increases and firm closures. The analysis will be divided into the industry subcategories if appropriate.

• Provide estimated direct and indirect benefits of each rule and alternative considered in item #6 above, both quantitatively and qualitatively, if possible.

• Provide recommendations for the final agency rule, based on the analyses performed above in items 7 and 8. Provide recommendations for regulatory flexibility analyses to be performed by the agencies in order to complete the rulemakings.

• Provide any other technical, legal or economic analyses in support of rulemaking comments.

• During the period of performance, the Contractor shall maintain close telephone communication with the COR to report on the progress of each task order, inform the COR of any current or anticipated problems that might impede performance of the project, and offer recommendations or suggestions for resolving problems.

C.6. PLACE OF PERFORMANCE: Contractor personnel will perform their day to day assignments at their respective facilities as designated in individual task orders. The only exception will be when travel is required to temporary duty sites with prior approval of the COR.

C.7. PERIOD OF PERFORMANCE: The base contract shall commence upon contract award and be effective for a period of 12 months. Task order periods of performance will be specified in the individual task order.

C.8. TRAVEL: Contractor personnel may be required to periodically meet with the COR and other agency representatives to discuss current and future task orders. Meeting with Federal agency staff in the Washington, DC, area may also be required on a less frequent basis to discuss work and related rulemakings. The Contractor will be reimbursed for travel in accordance with FAR 31.205-46. Contractor shall seek COR approval prior to making any travel arrangements. Attachment D - travel worksheet is required to be submitted to COR for approved prior to any travel.

C.9. DELIVERABLES: Specific deliverables will be outlined in each task order issued. In general, or unless otherwise specified in the task order, the following deliverables at a minimum shall be required:

Monthly Progress Reports: The Contractor shall submit a Monthly Progress report(s) to the COR briefly stating the progress made, including percent completion of the work performed. Specific areas of interest shall include difficulties encountered during the reporting period and remedial action taken and a statement of activity anticipated during the subsequent reporting period.

Documentation File: The Contractor shall maintain a documentation file on all work, including calculations, assumptions, interpretations of regulations, and sources of information.

Draft Report: The Contractor shall submit a draft technical memorandum/report on the work performed under each Task Order, at the time specified in the work plan. The memorandum/report should summarize the work performed and present the results.

Final Report: At completion of each Task Order, the Contractor shall submit a final report that incorporates the COR’s comments on the draft.

C.10. PERFORMANCE: The contractor shall perform work as specified by the specific task orders. Each task order will include, as a minimum, a PWS that will delineate the performance requirements and standards required for that task order. Each Task Order shall, as a minimum, include:

• The numerical designation of the assignment for the specified task order.

• The period of performance/schedule of deliverables of the task order, including reporting requirements.

C.11. CONFLICTS OF INTEREST: The Contractor may be required, by task order, to perform independent reviews of on-going research projects, and make recommendations for future projects. An organizational conflict of interest may arise if the Contractor were in turn requested to perform reviews of the research projects which they recommended. Therefore, the Contractor (including their affiliates) will be precluded from any future work resulting from recommendations provided under a separate task order or contract for a period of two (2) years following completion of the individual task order. Such restriction will also be included in each applicable task order.

C.12. GOVERNMENT FURNISHED PROPERTY AND SERVICES: None. The Contractor is responsible for providing all necessary materials to complete assigned Task Orders.

C.13. NON-PERSONAL SERVICES: The Government and the Contractor hereby understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services. The parties recognize and agree that no employer-employee or master-servant relationships exist or will exist under this contract between the Government and the Contractor's employees.

C.14. CONTRACTING OFFICER’S REPRESENTATIVE (COR): The identification of, duties, and limitations of the COR are specified in the COR appointment letter, which will be provided to the contractor at or shortly after the time of award. Although other Government personnel may clarify technical points or supply relevant information, only a Contracting Officer has the authority to revise any requirements in these specifications, including those resulting from verbal clarifications. The Contracting Officer Representative is Dr. Radwan Saade and his email address is as follows: Radwan.saade@sba.gov.

C.15. TASK ORDER REQUIREMENTS

C.15.1. Issuance of Task Orders:

C.15.1.1 Task Order Request (TOR): The Contracting Officer (CO) or Contract Specialist will forward the contract awardee the Performance Work Statement (PWS) for each proposed TOR. Each TOR will contain the PWS describing the requirements and objectives of the requirement, identify the products required, list appropriate reference material and Government Furnished Material, describe any report requirements, and provide other information and data as necessary for task accomplishment.

C.15.1.2. Task Order Execution Plan (TOEP): The Contractor shall furnish a TOEP to the CO within 7 working days, or less (if specified in the TOR), of receipt of a TOR. The Plan shall include a brief discussion of the contractor’s proposed approach and understanding of the work required, to include;

rational for the mix and skill level to be employed; a description of how the work will be accomplished; a proposed schedule and a brief definition of deliverables; and a clear explanation of any constraints which would impact the successful completion of the order. The Plan shall also include a proposed price which shall reflect all labor based on the rates incorporated into the contract at Attachment B – Price Matrix, travel and ODC’s required to complete the task. The Contractor may propose lower rates, but in no event can the rates in in the price matrix be exceeded. Following successful negotiation of each individual requirement, the Contracting Officer will issue a written task order for services. Task orders may be issued at any time during the contract period. Multiple task orders may be in force at any given time. Conversely, there may be periods when no task orders are in force. No compensation will be provided to the Contractor during such periods of non-work.

C.15.2. Performance of Task Orders: The Contractor shall be required to commence work on each approved task order in accordance with the terms of that task order. The Contractor shall perform the necessary work on each assignment continuously as working conditions permit. If it becomes necessary for the Government to stop work on any assignment, FAR clause 52.242-15 shall govern.

To perform the required work, the Contractor shall provide all professional staff, support staff, and specialists necessary to plan, supervise, perform and report the required work. The Contractor shall also provide adequate professional supervision to assure the accuracy, quality, and completeness of all work required under this contract.

C.16. PERFORMANCE METRICS: Contract performance will be measured against the performance standards specified in the applicable task order.