Common use of CONTRACTOR PERFORMANCE CRITERIA Clause in Contracts

CONTRACTOR PERFORMANCE CRITERIA. Contractor will be annually evaluated on its performance of contractual duties. By doing so, the State seeks continued performance and quality Candidates from its Contractors throughout the life of this Contract. The Performance Criteria below are not listed nor weighted in any particular order. All Contractors will be evaluated in a similar manner. Criteria 1 - 14 will be evaluated based on transactions with MSP users; criteria 14 will be evaluated based on transactions with non-MSP users. The Contractor will be evaluated on all Performance Criteria as outlined in this Section. 1. Contractor will submit the required Form B reports as stated in Section 5.16. These reports must be submitted to the Authorized User, CS and OSC, and OGS for all placements made against this Contract by May 15th of each calendar year. 2. Contractor will submit all monthly M/WBE compliance reports to the MSP or Authorized User, as appropriate, for all placements made against this Contract. Contractor shall comply with the Authorized User’s reporting format for M/WBE compliance. 3. Contractors must continue to engage in good faith efforts to meet the Minority-owned Business Enterprises (MBE) participation goal of 11% and the Women-owned Business Enterprises (WBE) participation goal of 9%. See Appendix C for Contractor’s requirements. Evidence of good faith efforts include, but are not limited to, the use of M/WBE subcontractors, 4. Contractor will remit the Administrative Fee or report set forth in Section 6.2.4 in accordance with the outlined schedule. 5. Contractor will maintain all adequate insurance as identified in Section 6.6. The State reserves the right verify a Contractor’s insurance levels at any point during this Contract. 6. Contractor will pay the Hourly Wage Rate, within the Slight Deviation as defined in Section 1.3, to each of its Consultants as specified in Appendices D and F. The MSP will account for instances in which it finds that Consultants are not being compensated at the Hourly Wage Rate within the Slight Deviation. This will be verified by the MSP through randomly selected validation with Consultants and subcontractors. The MSP reserves the right to undertaken additional steps as it deems necessary to enforce this provision. 7. Contractor must commit to paying Consultants no later than 15 business days after receiving payment from the Authorized User. This will be verified by the MSP through randomly selected validation with Consultants and subcontractors. The MSP reserves the right to undertaken additional steps as it deems necessary to enforce this provision. 8. Contractor will be evaluated on the time and attendance of Candidate placements as reported by the Authorized Users. Authorized User shall report time and attendance problems by using the Authorized User Issue Form set forth in Appendix F. In addition, Authorized User shall have the option to note the time and attendance issue on the Task Order Satisfaction Form set forth in Appendix F. 9. The MSP will evaluate all Authorized User feedback from the Authorized Users Preliminary Technical Evaluation Forms and the Authorized User Interview Evaluation Forms. A Contractor who receives both repeated positive and negative feedback will be scored accordingly. 10. Contractor will ensure prospective Candidates are available for interview with Authorized User on the mutually agreed upon times. A Contractor who repeatedly reschedules interviews or fail to provide Candidates for the interview will be scored accordingly, as recorded in the Authorized User’s Interview Evaluations Form. 11. Contractor will provide potential Candidates to at least 60% of the posted Task Order Request Forms during each Contract year within the specified time period (five (5) or ten (10) business days). However, if a Contractor responds to 75% or more of posted Task Order Request Forms, it will be favorably accounted for in the evaluation process. 12. For the purposes of this Contract, a response to a Task Order Request Form is defined as providing a completed Candidate Response Form for review within the time period specified. 13. Contractor will be evaluated on quality of each of its Consultant’s performance, on factors including, but not limited to: Authorized User feedback on Consultant performance and quality of work product; compliance with Authorized User work place rules; the need to replace Consultants within one month of engagement commencement (see Section 6.5.4 on Consultant Replacement); and other points as outlined in Appendix F. 14. Contractor will be also evaluated based on the Task Order Satisfaction Forms submitted by MSP and non- MSP Authorized Users.

CONTRACTOR PERFORMANCE CRITERIA. Contractor will be annually evaluated on its performance of contractual duties. By doing so, the State seeks continued performance and quality Candidates from its Contractors throughout the life of this Contract. The Performance Criteria below are not listed nor weighted in any particular order. All Contractors will be evaluated in a similar manner. Criteria 1 - 14 will be evaluated based on transactions with MSP users; criteria 14 will be evaluated based on transactions with non-MSP users. The Contractor will be evaluated on all Performance Criteria as outlined in this Section. 1. Contractor will submit the required Form B reports as stated in Section 5.16. These reports must be submitted to the Authorized User, CS and OSC, and OGS for all placements made against this Contract by May 15th of each calendar year. 2. Contractor will submit all monthly M/WBE compliance reports to the MSP or Authorized User, as appropriate, for all placements made against this Contract. Contractor shall comply with the Authorized User’s reporting format for M/WBE compliance. 3. Contractors must continue to engage in good faith efforts to meet the Minority-owned Business Enterprises (MBE) participation goal of 11% and the Women-owned Business Enterprises (WBE) participation goal of 9%. See Appendix C for Contractor’s requirements. Evidence of good faith efforts include, but are not limited to, the use of M/WBE subcontractors, 4. Contractor will remit the Administrative Fee or report set forth in Section 6.2.4 in accordance with the outlined schedule. 5. Contractor will maintain all adequate insurance as identified in Section 6.6. The State reserves the right verify a Contractor’s insurance levels at any point during this Contract. 6. Contractor will pay the Hourly Wage Rate, within the Slight Deviation as defined in Section 1.3, to each of its Consultants as specified in Appendices D and F. The MSP will account for instances in which it finds that Consultants are not being compensated at the Hourly Wage Rate within the Slight Deviation. This will be verified by the MSP through randomly selected validation with Consultants and subcontractors. The MSP reserves the right to undertaken additional steps as it deems necessary to enforce this provision. 7. Contractor must commit to paying Consultants no later than 15 business days after receiving payment from the Authorized User. This will be verified by the MSP through randomly selected validation with Consultants and subcontractors. The MSP reserves the right to undertaken additional steps as it deems necessary to enforce this provision. 8. Contractor will be evaluated on the time and attendance of Candidate placements as reported by the Authorized Users. Authorized User shall report time and attendance problems by using the Authorized User Issue Form set forth in Appendix F. In addition, Authorized User shall have the option to note the time and attendance issue on the Task Order Satisfaction Form set forth in Appendix F. 9. The MSP will evaluate all Authorized User feedback from the Authorized Users Preliminary Technical Evaluation Forms and the Authorized User Interview Evaluation Forms. A Contractor who receives both repeated positive and negative feedback will be scored accordingly. 10. Contractor will ensure prospective Candidates are available for interview with Authorized User on the mutually agreed upon times. A Contractor who repeatedly reschedules interviews or fail fails to provide Candidates for the interview will be scored accordingly, as recorded in the Authorized User’s Interview Evaluations Form. “Repeatedly reschedules interviews” is defined as two or more Contractor-initiated requests to change the interview date for a specific Candidate. The Contractor shall not be penalized if the interview rescheduling is at the request of the Authorized User or mutually agreed to in writing by the Contractor and Authorized User. 11. Contractor will provide potential Candidates to at least 60% of the posted Task Order Request Forms during each Contract year within the specified time period (five (5) or ten (10) business days). However, if a Contractor responds to 75% or more of posted Task Order Request Forms, it will be favorably accounted for in the evaluation process. 12. For the purposes of this Contract, a response to a Task Order Request Form is defined as providing a completed Candidate Response Form for review within the time period specified. 13. Contractor will be evaluated on quality of each of its Consultant’s performance, on factors including, but not limited to: Authorized User feedback on Consultant performance and quality of work product; compliance with Authorized User work place rules; the need to replace Consultants within one month of engagement commencement (see Section 6.5.4 on Consultant Replacement); and other points as outlined in Appendix F. 14. Contractor will be also evaluated based on the Task Order Satisfaction Forms submitted by MSP and non- MSP Authorized Users.