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2
Performance Based Service Contracting,
Streamlined with AbilityOne
Breakout Session 1608 Dave Theimer Assistant
VP, Marketing NISH Date 4/16/2008 Time 940am
1040am
3
Back to the Beginning
  • Public Law
  • Wagner-ODay Act of 1938 for NIB
  • Javits Amendment of 1971 added People with
    Disabilities
  • Javits-Wagner-ODay Act (41 U.S.C. 46-48c)
  • Implemented through 41 CFR Chapter 51 and FAR
    Subpart 8.7
  • Committee for Purchase from People Who Are Blind
    or Severely Disabled (15 Members)

4
JWOD/AbilityOne Updates
  • The Javits-Wagner-ODay Program will now be
    called AbilityOne
  • Will refer to AbilityOne (formerly the
    Javits-Wagner-ODay Program) over the next 18
    months to allow for a smooth transition.
  • New name will increase awareness and better
    communicate the mission and program identity.

5
AbilityOne Organization
6
Members of the Committee
7
Committee Responsibilities
  • Oversee central nonprofit agencies (NISH NIB)
  • Qualify non-profit agencies (NPAs)
  • Determine Suitability of Projects Impact
  • Sets the Fair Market Price
  • Administer priority program
  • Control the Procurement List
  • Establish/Enforce Rules Regulations under The
    Law

8
So What is NISH?
  • Central Nonprofit Agency
  • NISH Mission
  • Create Job Opportunities for Persons with Severe
    Disabilities.
  • Funded by program fee based on sale of products
    and services.

9
AbilityOne is Smart Business
  • Quality Services Products
  • Fair Market Prices
  • Long Term Partnerships/Relationships
  • Ease of Contract Award and Administration
  • In Step with Acquisition Streamlining
  • Break to Taxpayers (Convert Tax Users Into
    Taxpayers)
  • Reduced Entitlements
  • New Taxpayers

10
Market Pricing - Services
  • Committee for Purchase Established Price
  • Pricing Memorandum No. 3 Guideline
  • Need Contracting Officer Concurrence
  • Price Recommendation is Negotiable!
  • Market-Based//Evaluate by Price Analysis
  • Simplified Acquisition
  • NISH Pricing Support to Contracting Officer
  • Limited DCAA Involvement
  • Simplified Annual Renewals

11
Program Management Support
  • NISH assist with SOW/PWS
  • PBSA Training Implementation
  • Price to Budget (Design-to-Cost)
  • NISH Contract Management Support (FAR Part42)
  • Effective Teaming
  • Full Open Discussions
  • Mission Focused Service Providers
  • No Cost No Obligation Proposals
  • Provide innovative, timely and cost effective
    acquisition/business solutions for the Federal
    Government.

12
The Contracting Officers Guide to the
Procurement List Addition Process
  1. Develop/define the requirement
  2. Contact the regional NISH office
  3. Determine if NISH and their Community
    Rehabilitation Program (CRP) business partners
    possess the capability
  4. Complete Statement of Work (SOW) and send to the
    NISH project manager (NISH can will assist in
    writing the SOW)
  5. Receive the no-obligation price proposal from
    the NISH project manager
  6. Negotiate the proposal, sign the concurrence
    letter, send to NISH
  7. Stay in Touch with the NISH Project Manager to
    monitor the procurement list addition
    process/progress

13
NISH Organization


14
Traditional AbilityOne Services
  • Custodial
  • Food Service
  • Grounds Maintenance
  • Postal Service Centers
  • Switchboard Operators

15
New Services
  • Off-Site Telecommuting Capabilities
  • Central Facility Management
  • Document Conversion Management
  • Printing Services
  • Linen Rental Service (Product and Service)
  • Family Housing Maintenance
  • Call Centers
  • Wheeled Vehicle Maintenance
  • (FORT LEWIS)
  • Nationwide/Agencywide Arrangements
  • State Department - Passports
  • INS - Visas
  • Marine Corps - Food Service

16
Results of Recent Studies
17
AbilityOne Approach to Performance-Based
Contracting
18
Performance-Based Contracting
  • A PBSC is structured around the purpose of the
    work as opposed to the manner in which it is to
    be performed
  • Focus is on measuring the output of a
    contractors effort rather than on managing those
    efforts

19
PBSC and FAR 37.601
  • Performance-based contracts-
  • Describe the requirements in terms of the results
    required rather than the methods of performance
  • Use measurable performance standards (i.e. terms
    of quality, timeliness, quantity)
  • Specify procedures for reductions to price when
    services are not performed, and
  • Include performance incentives where appropriate

20
NISH PBSC
  • Since most NISH Service contracts are PBSC, NISH
    has developed extensive experience in performance
    based service contracting

21
Prescriptive SOW
  • 5.3.4 The contractor shall vacuum the rug in Room
    12 daily, as follows
  • 5.3.4.1 Move all tables and chairs to the stage
    on the North side of the room
  • 5.3.4.2 use a commercial vacuum cleaner
    (HooverType31C or equal) to vacuum the rug. Check
    to see that the bag does not need replacement.
    Use two passes in each direction with 3 inch
    overlaps, to insure entire rug surface has been
    vacuumed.

22
Prescriptive SOW
  • 5.3.4.2 Use a hand vacuum (Electrolux Type 16 or
    equal) with a 4 inch wand extension to vacuum
    corners and recessed areas not reached by the
    commercial vacuum cleaner.
  • 5.3.4.3 After vacuuming, replace all tables and
    chairs in their original positions.
  • 5.3.4.4 Note any spills, spots, etc. for
    treatment.
  • 5.3.4.5 Store vacuum cleaning equipment in
    Closet 12A after use.

23
Performance Based PWS
  • 5.3.4. Vacuum the rug in Room 12 to remove all
    visible traces of fuzz, lint, and other foreign
    materials.

24
Six Components of a PBSC
  • Performance Work Statement (PWS)
  • Performance Indicators and Standards
  • Performance Requirements Summary (PRS)
  • Acceptable Quality Level (AQL)
  • Performance Plan (Formerly the QASP)
  • Appropriate Incentives

25
1. Performance Work Statement (PWS)
  • The PWS describes the requirements that the
    contractor must meet in performance of the
    contract
  • Usually a brief statement of the result required
  • Key is include adequate requirement statements
    without excess detail or how to

26
PWS and the WBS(Work Breakdown Structure)
  • Outputs are clearly identified
  • Inputs are clearly defined
  • WBS is required for work analysis
  • WBS is required for the proposal
  • WBS is required for pricing

27
Performance Work Statement (PWS)
  • The WBS is used to give a framework for
    developing the requirements of a PWS
  • PWS lists the performance requirements of the
    contract
  • It will guide the contractor and the Government
    throughout the life of the contract

28
2. Performance Indicators and Standards
  • An indicator is an essential characteristic of
    acceptable performance
  • A standard is a definite level or degree of
    quality against which performance can be measured
  • This information must be provided in the PWS and
    in the PRS (if separate) and reflected in the
    Performance Plan

29
Common AbilityOne Quality Indicators
  • Workmanship
  • Timeliness
  • Accuracy
  • Conformance
  • Customer Satisfaction

30
Objective, Measurable Standards Are Key to PBSC
  • Complete task in 30 minutes
  • 275 to 300 Meals served between 12-1
  • Maintain grass between 3 and 5 on improved
    areas

31
Try to make Subjective standards Common Sense
Standards
  • After sweeping, there shall be no visible dirt,
    trash, or foreign matter.
  • Door Glass will be clean if there is no visible
    dirt, smudges, or fingerprints
  • Standard must be workable both to contractor and
    to COTR/QAE

32
3. Performance Requirements Summary
  • The PRS is a summary of the tasks or
    deliverables, the performance standards, the AQL,
    and the quality assurance surveillance methods to
    be used, and incentives to the contractor
  • May not be stated separately

33
4. The AQL
  • The AQL is the degree to which the Government
    will allow performance to vary from the standard
  • Absolute standards, zero defects, are possible
    but expensive
  • For each requirement or task, there must be an
    AQL
  • Establish reasonable AQLs be realistic, ask
    what is acceptable

34
5. The Performance Plan (Old Quality Assurance
Surveillance Plan (QASP)
  • The Perf Plan outlines the methodology to monitor
    the performance against the standards in the PWS
  • Written by the Government for the QAE or COTR
  • May be shared with the contractor (except for
    sampling plan) but not included in contract

35
6. Appropriate Incentives
  • Incentives may be positive or negative, monetary
    or non-monetary but must be included and should
    be effective
  • The level of incentive should relate directly to
    the value of the outcome (AQL)
  • The AQL can be used to dial in the appropriate
    level of performance at the budgeted cost

36
But dont forget the QCP
  • Your Quality Control Plan, written based on the
    PWS and the QASP (provided to NISH contractors)
    detailing how YOU are going to manage to assure
    quality.
  • (Approved!)

37
DOs of Writing a PWS
  • Use an experienced drafting team
  • Exclude how-to requirements
  • Use the WBS to outline the effort
  • Tailor the standards
  • Use commercial practices and definitions
  • Use workable standards for subjective standards,
    such as clean

38
Streamlining Using AbilityOne
  • AbilityOne offers substantial opportunities to
    streamline the normal Federal procurement
    process
  • Save staff time, effort, money
  • Bring services on line quicker

39
Acquisition The Federal Process
Identification of requirement or need
Acquisition planning (FAR Part 7)
Market research (FAR Part 10
Solicitation and Proposal phase (FAR Part 15)
Source selection And contract award (FAR Part 15)
Evaluation and Negotiation (FAR Part 15)
  • Functions within legal/regulatory framework
    implemented by the FAR
  • Involves entire acquisition team
  • Balances goals of obtaining best value for the
    government and promoting competition

40
Streamline Advantages
  • Can go directly to a JWOD producer with a SOW
  • No formal notice, no solicitation, no synopsis,
    no sources sought
  • Can immediately begin negotiation. Not a
    competitive environment as used in FAR a
    directed procurement under FAR 8.7
  • Can ask NISH to help with the SOW/PWS

41
Buying from AbilityOne
  • If the item is on the Procurement List, no
    problem just place the order citing FAR
    6.302-5, Authorize by Statute
  • No requirement for publication, competition,
    etc.
  • JWOD buys at the discretion of the KO if
    procurement is suitable. KO must balance
    socio-economic programs.

42
Acquisition The NISH Process
Identification of requirement or need
Contract award (FAR Part 8.7)
Proposal and Negotiation (FAR Part 8.7)
43
AbilityOne Is Not a Front
  • Service must be suitable- i.e. can be performed
    by a NPA and can be performed by individuals with
    disabilities
  • Providing the Service through JWOD cannot have
    disproportionate impact on the previous supplier
    -
  • 75 of our direct labor must be by individuals
    who qualify as severely disabled

44
Team Approach
  • NISH will help prepare NPA proposal and costing
    package
  • NISH will support the NPA with training
  • NISH has blanket alliances with large clients
    such as GSA, DeCA, NAVFAC

45
Follow-on, the Real Pay Off
  • Once in the AbilityOne program, the procurement
    becomes a base year plus four follow on years
    (AbilityOne Options)
  • Automatically renewed every five years (unless
    agency requirements change)
  • If performance problems, which is rare, NISH
    helps and can select replacement NPA

46
Questions
  • www.jwod.gov
  • Committee for Purchase
  • Forms Publications
  • Procurement List
  • www.nish.org
  • Guides for federal customers
  • Training Catalog
  • www.nib.org
  • National Industries for the Blind
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