Technical Exhibit 3B - Position Disincentives (29Jan20).pdf

TECHNICAL EXHIBIT 3B

PERFORMANCE REQUIREMENT SUMMARY

SUPPLEMENT FOR UNSATISFACTORY PERFORMANCE DEDUCTIONS

A. General:

This Performance Requirements Summary lists certain required services which will be monitored by a Contracting Officer Representative (COR) or his/her designee during the term of this Contract , the required standard of service, maximum allowable deviation from perfect performance (also Performance Threshold), method of monitoring, and the specified remedy for exceeding the Performance Threshold.

B. Quality Assurance:

During each calendar month, Contractor's performance will be compared to the services standards and Performance Threshold. COR his/her designee may use a variety of inspection methods to evaluate the Contractor's performance. The methods of monitoring that may be used include, but are not limited to client surveys, government surveillance, inspection of output items on a periodic basis (dally, weekly, monthly, quarterly, semi-annually or annually) as necessary to assure of Contractor performance; and system reports.

C. Performance Requirements Summary Charts:

The Performance Requirements Summary Charts at the end of this Attachment:

1. List some of the services considered important to acceptable contract performance (Column 1).

2. Define the standard of performance for each such service (Column 2).

3. Show the maximum allowable degree of deviation from perfect performance or the

Performance Threshold for each such service that is allowed before remedy is required (Column 3).

4. Show the quality assurance method the Government will use to surveille and evaluate Contractor's performance in meeting requirements for each service (Column 4).

5. Show the remedy or corrective action if the service has not been satisfactorily performed.

Notwithstanding a finding of unsatisfactory service performance and imposition of a Position Vacancy Deduction, the Contractor must, as soon as possible, remedy any and all deficiencies in the provision of services, and, as deemed possible or feasible by COR or his/her designee, perform such services again at an acceptable level.

D. Criteria for Acceptable and Unacceptable Performance:

Performance of a listed service is considered acceptable when the number of deficiencies found by the COR/Designated Government Representative during contract monitoring does not exceed the number of deficiencies allowed by the Performance Threshold for that service. When the performance is unacceptable, Contracting Officer may complete a Non-Compliance Report (NCR). The NCR requires the Contractor to explain in writing why performance was unacceptable, how performance will be returned to an acceptable level, and how recurrence of the problem will be prevented. Unacceptable service performance may result in Unsatisfactory Performance Evaluation in the Contractor Performance Assessment Reporting System or Position Vacancy Deduction, if applicable, as described below.

E. Unsatisfactory Performance/ Position Vacancy Deductions:

The deductions discussed below are contingent on the KO determination that the contractor is non-compliant with contract requirement(s), to include but not limited to, those items listed in Contract Exhibit 1, Performance Requirements Summary, and a Nonconformance Report (NCR) being issued and a vacancy occurring within the same month at the same location. In the event any Contractor location is staffed at less personnel than the staffing identified in the attached Staffing Plan for any position description, the Contractor shall notify the COR by email within 48 hours of such occurrence. If both an NCR is issued and the NCR occurred in a short staffed location, the Contractor may be assessed a Position Vacancy Deduction for such location in the corresponding monthly invoice for services under the associated CLIN XXXX. Contractor is granted a 14 calendar days (applicable to CONUS locations)/21 calendar days (applicable to OCONUS locations only) grace period to fill a vacancy;

after such time, a Position Vacancy Deduction may be assessed. For positions subject to the Service Contract Act, the Position Vacancy Deduction (TE 3B) shall be calculated monthly as follows: the number of days the position is vacant in the corresponding month of each vacancy times eight (hours), times the DOL conformed hourly wage rate plus burdens for that position. For positions exempt from the Service Contract Act, the Position Vacancy Deduction shall be calculated monthly as follows: the number of days the position is vacant in the corresponding month of each vacancy times eight (hours), times the fully burdened labor hourly labor rate for each position. The Position Vacancy Deduction is in addition to, and does not abrogate or diminish, any other performance related remedy of the contract.

Contracting Officer shall evaluate Contractor's explanation on the NCR, and if Contracting Officer or his/her designee determines, in his/her sole discretion, that the particular defective performance for the particular service was caused by accident, strike, or similar occurrence beyond the control and without the fault or negligence of Contractor, then Contracting Officer shall decline to count such days as defective performance.