06_OII_Performance_Management_Support_final_solicitation_x2_.docx

Office of Investment and Innovation: Performance Management Workforce Augmentation and Support Vision and Statement of Objectives Statement of Objectives for Office of Investment and Innovation Performance Management Support

U.S. Small Business Administration

SBAHQ-17-R-0017

September 5, 2017

PART I – SUPPLIES OR SERVICES AND PRICES/COSTS

SERVICES AND GENERAL OBJECTIVES

This statement of objectives (“SOO”) describes the United States Small Business Administration’s Office of Investment and Innovation vision and desired objectives for a long-term workforce augmentation engagement with a Contractor that possesses deep expertise in public sector performance management. As part of this effort, the Contractor may provide a number of consultative and support services, which may include but not be limited to strategic planning, metric development and benchmarking, performance monitoring, research and analysis, change management, meeting facilitation, and staff training. As this is a statement of objectives and not a statement of work, Contractors are expected to propose strategies and methods for achieving the objectives outlined in this document during the pre- and post-award phases, and to work closely with OII senior leadership during post-award to ensure that all objectives are continuously being met to OII’s satisfaction.

1.0. DESCRIPTION OF SERVICES:

The United States Small Business Administration (“SBA”) was officially established in 1953. Its mission is to maintain and strengthen the nation’s economy by aiding, counseling, assisting, and protecting the interests of small businesses, and by helping families and businesses recover from national disasters. Within SBA, is the Office of Investment and Innovation, which consists of two offices, the Office of Investment and the Office of Innovation and Technology.

The Office of Investment was officially established in 1958. Its mission is to stimulate and supplement the flow of private equity capital and long-term loan funds which small-business concerns need for the sound financing of their business operations and for their growth, expansion, and modernization, and which are not available in adequate supply. The Office of Investment consists of six sub-offices (Business Operations, Program Development, Licensing, Examinations, Operations, and Liquidation), and the Associate Administrator’s front office (collectively referred to herein as “OII”). Although OII is used herein, the activities associated with this SOO pertain only to the Office of Investment within OII.

OII manages the current Small Business Investment Company (“SBIC”) program. The SBIC program operates as a fund of funds by providing U.S. taxpayer guaranteed long-term loans to SBA-licensed SBICs. The SBICs use these taxpayer guarantees and privately raised funds to independently provide capital, primarily in the form of subordinated debt with equity enhancements, to qualifying small businesses. As of June 12, 2017, the SBIC program had a portfolio of 316 active SBICs with total outstanding and committed U.S. taxpayer guaranteed capital of approximately $14.6 billion, as well as a portfolio of 101 failed SBICs with associated taxpayer capital and assets of approximately $771.5 million.

SBA has limited performance management assistance in-house. Therefore, OII is seeking workforce augmentation and other related services from a deeply experienced Contractor to provide additional support and ensure that OII, and its sub-offices, can set, monitor, and meet ambitious strategic and policy goals as determined by the Administration, the SBA Administrator, the SBA Associate Administrator in OII, and OII senior leadership.

1.1. Vision

OII’s vision for this contract is to secure top-notch performance management services that empower OII to set, monitor, and achieve ambitious strategic and policy goals, to ensure alignment between operational tactics and overall strategy throughout OII, and to build a culture of efficiency, effectiveness, accountability, performance, and feedback among OII staff.

1.2. Objectives

The objectives described within this section establish an initial list of desired outcomes. However, this list is neither exhaustive nor comprehensive. Furthermore, to preserve maximum flexibility, items listed may or may not be part of the final services provided. Instead, this list is intended to provide a Contractor with a sense of OII’s performance management needs.

Specific tasks and methods for this contract are not prescribed. However, tasks may include:

· Developing strategic plans, business processes, and recommendations for execution.

· Planning strategic milestones and providing relevant recommendations and analysis.

· Conducting program policy, regulation, and staff alignment reviews.

· Clearly articulating the results of the products outlined above to all stakeholders.

· Providing recommendations for organizational vision and mission statements; strategies, goals, and objectives; regulations, policies, and technical notes; operational tactics; and staff activities.

· Assisting with the development of program logic models and learning agendas.

· Researching, analyzing, and assessing the impact of strategic issues or initiatives.

· Conducting organizational assessments and change management activities.

· Developing recommended metrics and indicators for performance monitoring.

· Benchmarking metrics and indicators against past performance and strategic goals and objectives.

· Developing recommended feedback mechanisms and assessing feedback results.

· Developing related databases, dashboards, website content, reports, and other performance reporting tools.

· Providing training to support a wide variety of mission-critical tasks, including but not limited to continuous productivity improvement, team building, communication skills, focus groups, inter-group development, customer service, automation skills, and leadership development.

· Preparing surveys, collecting feedback data, and performing relevant analyses.

· Providing expert advice to support planning, development, and management as necessary.

2.0. –FIRM FIXED PRICE CONTRACT TYPE

3.0. PERIOD OF PERFORMANCE

The period of performance for this contract is a one-year base period and one, four-year option periods.

Base Period - to be completed at time of award Option period 1 - (1 year) Option period 3 – (1 year) Option period 3 – (1 year) Opion period 4 – (1 year)

PART II. PRICING SCHEDULE -

4.0 PRICE SCHEDULE:

CLIN 0001 - Base Year (invoice divided equal over the twelve month period) Total Price $_____________ CLIN 1001 - Option Year 1 (invoice divided equal over the twelve month period) Total Price $____________ CLIN 2001 – Option Year 2 (invoice divided equal over the twelve month period) Total Price $_____________ CLIN 3001 - Option Year 3 (invoice divided equal over the twelve month period) Total Price $___________________ CLIN 4001 - Option Year 3 (invoice divided equal over the twelve month period) Total Price $___________________

TOTAL CONTRACT PRICE _________________________

PART III – PERFORMANCE WORK STATEMENT

5.0 Statement of Objective

5.1.Objective 1: Set, Monitor, and Achieve Ambitious Goals

The Contractor may assist OII in setting and monitoring progress toward ambitious performance goals. This may include but is not limited to facilitating collaborative team meetings with OII staff, identifying performance goals that satisfactorily meet OII’s strategic objectives, developing and verifying the methodology for OII’s performance metrics and indicators, monitoring the metrics and indicators in real-time or as near to real-time as possible, and frequently recommending operational and tactical course corrections to ensure that all targeted outputs and outcomes are achieved with good customer satisfaction.

5.2. Objective 2: Ensure Tactical, Unit, and Staff Alignment

The Contractor may ensure that all operational tactics, operating units, and staff activities are aligned to OII’s performance goals. This may include but is not limited to the vertical alignment of all strategic goals, objectives, metrics, targets, and operational tactics associated with the Administration and SBA Administrator, as well as the horizontal alignment of all OII strategy, regulations, and policies throughout all OII sub-offices.

5.3. Objective 3: Build a Culture of Performance

The Contractor may assist OII in building a culture of performance, accountability, and continuous and rapid feedback. This may include but is not limited to facilitating OII- and OII department-wide meetings, conducting team-building activities, leading relevant training and coaching sessions, creating and presenting graphics, media, documents, and materials to clearly convey concepts to stakeholders, revising staff job descriptions and performance plans, and tracking employee contributions and performance.

5.4. Objective 4: Debrief Senior Leadership

The Contractor may meet with OII senior leadership and staff as necessary to understand the office, its programs, and the specific tasks, work products, or other services requested by OII.

The Contractor may also meet in-person with OII senior leadership on a weekly or biweekly basis to assess work completed since the previous meeting and plan work to be completed by the subsequent meeting.

The Contractor may provide to OII senior leadership a monthly status report at the end of each month of the period of performance. This report that may include, but is not limited to, an overview of completed work, an overview of planned work, potential problem areas, summary of hours worked, key recommendations, and feedback, guidance, and follow up on proposed and implemented initiatives.

5.5. Additional and Incidental Objectives

OII may, at any time, designate additional objectives as needed in order to ensure that both the vision for this contract and the value sought for these services is realized.

Furthermore, the Contractor shall be responsible for providing all supervision, labor, incidental materials, and other services needed to accomplish the objectives stipulated above.

5.6. Deliverables

Deliverables are defined as the completion and acceptance of those tasks, work products, and other services that have been expressly articulated by OII senior leadership to the Contractor. Though some tasks, work products, and other services may be discussed in the Performance Work Statement provided by the Contractor, it may be revised by OII as needed. Specific deliverables for this contract are not prescribed. Please reference “Section 3: Objectives” above for a potential, though not comprehensive, list of tasks and deliverables that may be requested during the course of this contract.

5.7. Performance Work Statement

The contractor shall develop and propose a Performance Work Statement (“PWS”) that, when carried out, would satisfy the objectives described in this statement. The Contractor shall not propose any work that is inherently governmental in nature. At a minimum, the PWS should include:

At a minimum, a Senior Consultant or Analyst must be identified and designated as Key Personnel. There may be only one Senior Consultant or Analyst. The Senior Consultant or Analyst will be a direct liaison to OII. The Senior Consultant or Analyst must also be one of the Contractor’s senior staff members and will be responsible for the supervision and management of the Contractor’s personnel, technical assistance, interface, and compliance with the contract. Preferred skills and experience include:

· Experience managing service contracts of similar size and scope.

· Ability to rapidly prioritize competing requirements.

· Ability to understand and simplify customer requirements.

· Ability to communicate customer feedback to other Contractor personnel.

· Proven knowledge of best practices in contract administration standards.

5.8.2. Subject Matter Expert

At a minimum, at least one Subject Matter Expert (SME) must be identified and designated as Key Personnel. The SME(s) are responsible for the supervision and management of the project’s technical requirements, implementation, and delivery. Preferred skills and experience include:

· Leadership experience in the subject matter outlined in the Government requirements.

· Ability to design technical tasks for other members and vet their work.

· Ability to communicate customer feedback to other Contractor personnel.

· 7+ years performance management experience, ideally in the public or nonprofit sector.

· Masters in Business, Public Administration, or similar degree, or equivalent work experience.

5.8.4. Key Personnel Evaluation

The following requirements related to personnel must be met:

· If awarded this contract, the Contractor shall assign to perform this contract those persons whose resumes are submitted with its proposal and who are identified in the Contractor’s proposal as Key Personnel. Not all Contractor employees assigned to perform this contract will be Key Personnel.

· If an individual proposed as Key Personnel becomes unavailable during the course of the procurement, the Offeror will notify the Contracting Officer immediately and provide a substitute and their resume. The proposal of any Key Personnel not currently employed by the Offeror shall be accompanied by letters of intent signed by the proposed Key Personnel indicating their intent to be employed by the Offeror if the Offeror is awarded a contract under this RFP.

· The Contractor agrees that no Key Personnel substitutions will be made unless necessitated by an individual’s sudden illness, death, or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information required below on the proposed replacement for Government approval. No substitutions of Key Personnel shall be made, except in accordance with this provision.

· After the initial period of performance, the Contractor must obtain Government approval of any substitution of Key Personnel prior to removing the approved Key Personnel from performance. All proposed substitutions/additions must be submitted, in writing, to the Contracting Officer at least 30 days (60 days if security clearances are involved) in advance of the proposed substitution and provide the information required below.

· All requests for substitutions/additions of Key Personnel must include a detailed explanation of the circumstances necessitating the proposed substitution or addition, a complete resume for the proposed substitute or addition including skills, experience, education, training, and security level. As determined by the Contracting Officer, all proposed substitutes/additions must have qualifications that meet or exceed the qualifications of the person to be replaced.

· The Contracting Officer, or his/her authorized representatives, will evaluate the request(s) for substitutions/additions of Key Personnel and the Contracting Officer will notify the Contractor, in writing, of approval or disapproval. Disapproval of the proposed individual(s) shall not provide grounds for nonperformance by the Contractor or form the basis of any claim for monies, delivery schedule extension, or any other equitable adjustment.

· The personnel set forth below as proposed by the Contractor for this Contract, or identified in the Contractor’s proposals as Key Personnel, shall comprise the list of Key Personnel required to perform under this Contract. The list may be modified in accordance with the above, to substitute or add personnel.

6.0. DEFINITIONS and ABBREVIATIONS:

52.202-1 Definitions (Nov 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless—

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

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 CO is the only individual who can legally bind the Government.

Contracting Officer's Representative (COR): An employee of the U.S. Federal 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.

Deliverable: Anything that can be physically delivered, but may include non-physical things such as meeting minutes.

Physical Security: Actions preventing the loss or damage of Government property.

Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

Subcontractor: A person entering into a contract with a prime Contractor. The Government does not have priviity of contract with the Subcontractor.

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

6.1. ABBREVIATIONS

6.2. GOVERNMENT FURNISHED SERVICES, FACILITIES, AND EQUIPMENT

SBA will provide the following government furnished property:

6.3. Government Furnished Information

SBA may provide the following government furnished information:

6.4. Place of Performance

Contractor shall provide at least one person onsite at SBA Headquarters, OII offices, 409 3rd. Street SW, Washington, D.C., 20416. Monday thru Friday, core hours 7:00 am – 3:00pm. Teleworking or other work location maybe approved on a case by case basis by the Contracting Officer.

7. General Information

7.1 Performance Requirements

The Contractor shall possess:

7.2 Performance Work Statement

The contractor shall develop and propose a Performance Work Statement (“PWS”) that, when carried out, would satisfy the objectives described in this statement. The Contractor shall not propose any work that is inherently governmental in nature. At a minimum, the PWS should include:

7.3. CONTRACTOR FURNISHED ITEMS

General: The Contractor shall furnish all other supplies, equipment, facilities and services required to perform work under this Contract that are not listed under PART III, PWS.

- Staffing

Contractor shall designate a Working 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 Representative (“COR”). The Project Manager shall ensure that the requirements of this SOW/PWS are fully met.

7.5. Acceptance of Key Personnel Substitutions/Replacements

Offeror must provide resumes to the CO and COR of any proposed substitute for the agreed upon key personnel prior to the substitution and must receive prior written acceptance of the substitution from the CO. In evaluating the justification and proposed substitution(s) of key personnel throughout the period of performance of this contract, the Contracting Officer reserves the right to make an assessment on the technical and/or professional qualifications of the proposed substituting individual(s). The Contracting Officer further reserves the right to disallow the utilization of the proposed substituting individual(s) for performance on the subject contract, when the technical and/or professional qualifications of the proposed individuals are determined, by the Contracting Officer, (1) not to be substantially equivalent to the technical and/or professional qualifications of the key personnel they are to substitute, or (2) not sufficient to reasonably insure successful performance or otherwise endanger project performance, progression, or completion.

7.6. CONTRACTOR EMPLOYEE CONDUCT

The contractor’s employees shall observe and comply with all applicable departmental and agency regulations, policies, and procedures (e.g., fire, safety, sanitation, environmental protection, security, etc.). The contractor shall ensure that all contractor employees represent a professional appearance at all times, and that their conduct does not reflect discredit on the United States Government. Additionally, notwithstanding any other provisions in the PWS, the contractor shall identify themselves as a contractor in meetings, telephone conversations, all written communications and work situations so that their actions cannot be construed as acts of a Government official. The contractor shall take no actions that bind the government to a final decision or results in the exercise of governmental discretion.

7.7. DOCUMENT HANDLING

All documents provided or managed by the Contractor shall be labelled with the contract number and task order number. And handled as all documents in connection with this contract are the property of SBA and will be considered documents that are created, maintained, and controlled by SBA. Unless required by law, only SBA may disclose all or portions of these documents to anyone outside the Government or anyone within the Government other than the SBA employees directly working with the Contractor on work performed under this award. These documents may be subject to disclosure requests under the Freedom of Information Act (FOIA) and other Federal statutes.

7.7. OTHER DIRECT COSTS

All direct and indirect cost shall be borne solely by the contractor.

8.0. Security – Local Clause IT – See Appendix A.

8.1. SECURITY ACCESS TO SBA FACILITY

Security Access to SBA HQ facilities is restricted and all Contractor personnel will be required to report to the visitor desk to be signed in by the Government POC for each visit. The Contractor will maintain, transmit, retain in strictest confidence, and prevent the unauthorized duplication, use, and disclosure of personnel information. The Contractor will provide personnel information only to employees, Contractors, and subcontractors having a need to know such information in the performance of their duties for this project. Information made available to the Contractor by the Government for the performance or administration of this effort will be used only for those purposes and will not be used in any other way without the written agreement of the CO. The Contractor agrees to assume responsibility for protecting the confidentiality of Government records that are not public information. Each offeror or employee of the Contractor to whom information may be made available or disclosed will be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein. Performance of this effort may require the Contractor to access and use data and information proprietary to a Government agency or Government Contractor that is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others. Contractor personnel will not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorize Government personnel or upon written approval of the CO. The Contractor will not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein will preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at no cost to the Government between the Contractor and the data owner that provides for greater rights to the Contractor. All non-proprietary data received, processed, evaluated, loaded, and/or created as a result of this delivery order will remain the sole property of the Government unless specific exception is granted by the CO.

8.2. DELIVERABLES AND PLACE OF DELIVERY

All deliverables shall be delivered to the SBA OII COR located at SBA Headquarters location, Washington, D.C., and an electronic copy to the CO unless otherwise notified.

8.3. POST AWARD MEETING WITH SBA

The post award meeting will be held either in person or by conference call after a contract has been awarded. Contractor's representatives and SBA Team members (Contracting Officer, Contracting Officer Representative, and others as deemed appropriate) will cover the scope of the contract and discuss the following items.

· Roles of SBA personnel in the administration of the contract

· Scope of Contract

· Rights contract

· Potential problem areas of tasks and potential resolution

· Changes in personnel

· Invoicing requirements and SBA invoice review, approval, and payment process

· SBA Contractor Performance Evaluation System Subcontracting, if applicable

· Insurance requirements

· Contractor Security and Contractor badges

· Information technology

8.4. PERIODIC EVALUATION

The Contract will have a periodic evaluation where the COR will monitor customer satisfaction with the Contractor’s performance through the review of overall performance and deliverables for quality, timeliness and business relations.

The Contractor shall meet all of the performance requirements spelled out in each task order. All deliverables under each task order shall be subject to standards dealing with timeliness, completeness, accuracy, and clarity of written materials. Over all evaluation will be included in the Contractor Performance Assessment Reporting System (CPARS) database.

8.5. PERFORMANCE STANDARDS

The performance standards for each task are detailed under each task. Though this contract does not have disincentives the contractor should be aware that if it fails to preform according to the terms of this contract SBA has the right to terminate the contract and may decide that it will not exercise an option on the contract.

All written reports must be timely, well written and of exceptional analytical quality. SBA reserves the right to terminate a contractor for cause if it fails to comply with any aspect of the contract, including compliance with all quality and performance standards, such as timely delivery of all services and deliverables, final reports and charts that are error-free and incorporate feedback from SBA personnel, and delivery of reports and charts that are of a high professional quality.

All deliverables shall demonstrate a comprehensive and nuanced understanding of both the review requirements and the lenders under review that would be expected from a professional exercising appropriate and reasonable care, diligence, and skill. In addition, all reports shall be structured in a consistent format approved by SBA, with graphs and charts that are free from error. Reports shall be grammatically correct and free from spelling errors. All draft and final reports and charts that contain significant errors, such as charts with incorrect data or factually incorrect information in the narrative, have failed to meet SBA’s quality and performance standards. All draft and final deliverables or reports that are incomplete or that fail to cover all required review activities, have failed to meet SBA’s quality and performance standards. All draft and final reports and charts that are delivered after the deliverable deadline, as incorporated into this contract, have failed to meet SBA’s quality and performance standards. If SBA provides feedback on a draft deliverable and such feedback is not incorporated into the next draft or final deliverable, the contractor has failed to meet SBA’s quality and performance standards. These are meant as examples and are not inclusive of all ways a contractor can be considered to have failed to meet these standards.

8.6. INSPECTION AND ACCEPTANCE

Satisfactory completion of work under this contract shall be indicated by written receipt of acceptance of such work by the Contracting Officer or the designated COR. Taking physical delivery of deliverable items shall not constitute acceptance.

8.7. CONTRACT ADMINISTRATION DATA / ADDITIONAL INSTRUCTIONS

8.7.1. Contracting Officer's Representative

(1)The Contracting Officer may designate Government personnel to act as the Contracting Officer’s Representative (COR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the Contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract.

The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

8.8. INVOICING

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

INVOICING / PAYMENTS – ADDITIONAL INFORMATION

The Contractor shall bill for the ongoing operations as per the pricing schedule as associated with specific deliverables. Invoices shall be emailed to the following address: JAAMSCP@sba.gov.

The SBA will reject all nonconforming invoices.

The Contracting Officer, working with the COR, is responsible for determining minimum requirements for the information to be provided on the invoice. The minimum information includes:

•Date of Invoice •Contract # Contract Task Order Number •Requisition # •Billing Company name/address •Period of performance/services •Amount Billed for specified work accomplished •Total Contract value •Cumulative Billed •Line item for each milestone achieved and list of deliverables as identified in the SOW, PWS or Base Contract.

•Narrative of performance sufficient to justify the invoice •Explanation of incentives/disincentives

Point of Contact for invoicing issues and phone number

Invoices shall be mailed to the email address indicated in block 18a on the SF 1449 or block 21 on the Optional Form 347 of the award documents.

The invoice will contain a statement signed by a responsible official of the concern substantially similar if not identical to the following:

I certify that the items above have been delivered in accordance with the contract, and that all charges are true, correct, and have not been previously billed.

Signature of authorized Contractor representative

8.9. Notification

The contractor shall notify the Contracting Officer and/or the COR immediately upon identification of problems that affect or potentially affect the contract. The contractor shall follow-up verbal notifications in writing. The problem notification shall state the nature and source (description) of the problem, description of the impact of the problem on the task or deliverables, the recommendation solutions and of corrective actions needed to resolve the problem, and the proposed scheduled for resolving the problem. Submission of the report must be within 24 hours after the identification of the problem.

8.10. Ownership of Data

SBA asserts data rights as described in FAR 52.227-14 (Alternates II and III), 52.227-15, 52.227-16, 52.227-17, and 52.227-19, and as described elsewhere in this document. SBA interprets its unlimited license to data developed in the performance of the contract to be synonymous with ownership of the data and includes all of the rights outlined in the referenced FAR clause. Any data that SBA, or another party outside of SBA, provides to the Contractor is owned by SBA. Data generated and gathered during the performance of the contract shall be made available to SBC in an acceptable digital format at the end of contract performance (whether due to termination or expiration), as defined in the deliverable for Task 6. The Government will receive a license to use any computer software provided as part of performance under this contract issued against this contract on a replacement computer. This license applies to any software the Government receives as a deliverable or is provided access to as part of the vendor’s contract performance.

8.11. Accessibility Of Meetings And Conferences To Persons With Disabilities The Contractor shall assure that any meeting or conference held pursuant to the contract will meet all applicable standards for accessibility to persons with disabilities in accordance with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) and any implementing regulations.

8.12. SECTION 508 COMPLIANCE STATEMENTS

All electronic and information technology (EIT) procured through this Statement of Work / Bill of materials and any resulting contract, task order, delivery order, or purchase order must meet the applicable accessibility standards at 36 CFR§ 1194, U.S. Architectural and Transportation Barriers Compliance Board (Access Board) under the authority of Section 508 of the Rehabilitation Act Amendment of 1998, 36 CFR§1194, unless an agency exception to this requirement exists. 36 CFR§1194, U.S. Architectural and Transportation Barriers Compliance Board (Access Board) is viewable at http://www.access-board.gov/sec508/508standards.htm. The Contractor shall indicate for each line item in the schedule whether each product or service is compliant or noncompliant with the accessibility standards at 36 CFR§1194. Further, the proposal must indicate where full details of compliance can be found (e.g., vendor’s website or other exact location). The following standards have been determined to be applicable to this contract:

X 1194.21 Software applications and operating systems x 1194.22 Web-based intranet and internet information and applications

1194.23 Telecommunications products

1194.24 Video and multimedia products

x 1194.25 Self contained, closed products

1194.26 Desktop and portable computers

The Contractor should review the following websites for additional 508 information:

http://www.section508.gov/index.cfm?FuseAction=Content&ID=12 http://www.access-board.gov/508.htm http://www.w3.org/WAI/Resources

8.13. Excluded Functions and Responsibilities

Functions and responsibilities directly involved or associated with the management of any SBA Office are expressly excluded from this contract or order issued hereunder. The parties hereby agree that any instructions, directives, or orders issued under this contract involving such management functions and responsibilities shall be null and void. The following activities are representative of the excluded functions and responsibilities that cannot be provided by the Contractor under this contract or order issued hereunder:

(4) Government purchasing, contracting, contract administration, acceptance of materials and/or performance, and pay and accounting therefore;

(5) Direction or supervision of other Government contracts or Government agencies, or otherwise acting as an agent to obligate or commit in any capacity;

(6) Clerical and other administrative type functions required to be performed by civil service personnel; and

Unless otherwise specified, all deliverables under this requirement shall comply with 36 CFR § 1194.31, U.S. Architectural and Transportation Barriers Compliance Board (Access Board) Standard – Functional Performance Criteria and 36 CFR § 1194.22, U.S. Architectural and Transportation Barriers Compliance Board (Access Board) Standard Web-based Intranet and Internet Information and Applications and 36 CFR § 1194.41, U.S. Architectural and Transportation Barriers Compliance Board (Access Board) Standard – Information, Documentation and Support under the authority of Section 508 of the Rehabilitation Act Amendment of 1998.

8.15. NO INHERENTLY GOVERNMENTAL FUNCTIONS

Identification and Execution of Inherently Governmental Functions: This requirement contemplates execution of no ‘inherently governmental,’ functions by the contractor. All final actions involving policy, day-to-day programmatic management, and day-to-day financial management shall be executed by Government employees.

8.16. CONTRACTOR EMPLOYEES – WAGES

The Contract Service Act of 1965 applies where applicable to this Contract, and contractor employees that are covered shall be compensated accordingly. Can be found at http://www.wdol.gov/, 2015-4281, Revision No. 4, Dated 12/30/2016 is hereby incorporated.

PART IV – FAR CLAUSES

52.212-1-INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JAN 2017)

52.203-5 – Covenant Against Contingent Fees (May 2014) 52.203-7 – Anti-Kickback Procedures (May 2014) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (SEP 2007)

(a) Definitions. As used in this provision-- "Lobbying contact" has the meaning provided at 2 U.S.C. 1602(8). The terms "agency," "influencing or attempting to influence," "officer or employee of an agency," "person," "reasonable compensation," and "regularly employed" are defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

52.203-17 Contractyor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) 52.212-2 Evaluation - Commercial Items. (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

__Technical and Price are Equal___________________ Technical and past performance, when combined, are _Equal_in importance of all other evaluation factors, when combined, when compared to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-4 Contract Terms and Conditions - Commercial Items. (Jan 2017) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items. (Jan 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__x (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__x (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

x_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] _x_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

_x_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

x__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

__x (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_x_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_x_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_x_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_x_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_x_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_x_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

_x_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_x_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_x_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_x_ (35) 52.222-59, Compliance with Labor Laws…