Workplace Civility/Anti-Harassment Training for EEOC Employees
This is a combined synopsis/solicitation for commercial items/services prepared in accordance with the format in Federal Acquisition Regulation Part 12, Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotations are being requested and a written solicitation will not be issued. The Contracting Officer is utilizing policies and procedures prescribed in Part 12, Acquisition of Commercial Items. This solicitation is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2019-01 effective on January 22, 2019. This solicitation is set-aside for small business. The North American Industry Classification System (NAICS) Code for this requirement is 541612. The Small Business Size Standard is 15.0 million dollars. Introduction and Background: The U.S. Equal Employment Opportunity Commission (EEOC) is charged with the administration, interpretation and enforcement of federal laws prohibiting employment discrimination. The Agency employs approximately 2,200 employees at 53 locations nationwide which are organized into 15 districts that include field, area and local offices and one Headquarters location in Washington, DC. On June 20, 2016 Commissioners Chai R. Feldblum and [Acting Chair] Victoria A. Lipnic released their Report on Harassment Prevention. The Report recommended that employers conduct anti-harassment compliance training for employees with additional training for managers and supervisors on how to respond to harassing conduct in the workplace. The report also directed employers to consider workplace civility training as part of a holistic harassment prevention program. As a federal employer, the EEOC is required to conduct this training for its own workforce and leadership team. The Office of the Chief Human Capital Officer is responsible for the coordination and oversight of the EEOC's internal Harassment program. This includes training all EEOC employees on how to recognize and report harassment in the workplace. EEOC employees in tee (3) of the Commission's 15 districts have already received instruction on respectful workplaces that focused on building individual skills to equip supervisors and employees to actively address behavior that is uncivil or disrespectful, while reminding them of their responsibilities. As internal training based on these concepts has already been provided to tee (3) districts within EEOC, interested quoters should demonstrate their capacity to maximize continuity by providing training products that utilize the same concepts/methods/etc. Scope of Work: The objective of this statement of work is to obtain contractor services to develop and deliver: a) A minimum two hours up to a maximum of tee-hours training module, and accompanying materials, accommodating up to 35 employees on anti-harassment and workplace civility; b) A minimum of two hours up to a maximum of four-hours training module, and accompanying materials, accommodating up to 20 managers and supervisors on anti-harassment and workplace civility; and c) Provide technical assistance and material modifications to EEOC "internal trainers" and other EEOC staff on the training modules for the duration of the performance period. Requirements: Anti-Harassment and Workplace Civility Training for Employees. a) The contractor shall develop a tee-hour version of a training module for employees on anti-harassment and workplace civility. The training shall be designed to be delivered by a live trainer, shall be dynamic and interactive, and shall be easy for a layperson to understand. Materials shall also be customizable, with industry-specific and workplace-specific hypotheticals and strategies, so as to be tailored to the realities of different workplaces. The module should allow for modification to a two-hour module. Duration will be subject to Contracting Officer Representative (COR) approval. b) The training shall clarify what conduct is and is not acceptable in the workplace. Rather than focusing on legal definitions (e.g., "hostile work environment") and standards for liability (e.g., "severe and pervasive"), the training shall focus on workplace norms, and will establish clear expectations of civility and respect. c) The training will discuss the types of workplace behaviors that will not be tolerated, will provide specific examples of each, and will explain the consequences of engaging in unacceptable conduct. d) The training shall educate employees about their rights and responsibilities if they experience or witness conduct that is not acceptable in the workplace, including how to report harassing conduct and the right to be free from retaliation. e) The training shall describe, in simple terms, how the employer's formal complaint process operates. f) The training shall include a skills-based component, focused on interpersonal skills and conflict resolution. g) The training shall comply with the recommendations outlined in the Harassment Prevention Report. Requirements: Anti-Harassment and Workplace Civility Training for Managers and Supervisors. a) The contractor shall develop a four-hour version of a training module for managers and supervisors on anti-harassment and workplace civility. The module shall include the content described in Section 3.1. In addition, the module shall educate managers and supervisors about their responsibilities in the workplace and shall provide them the tools they need to proactively create a civil, respectful, and harassment-free workplace. The module shall also equip managers and supervisors with easy-to-understand and realistic methods for dealing with harassing conduct they observe, that is reported to them, or of which they have knowledge or information. The module should allow for modification to a tee-hour module. Duration will be subject to COR approval. b) The training shall include practical suggestions on how to respond to different levels and types of offensive behavior, and clear instructions on how to report harassing behavior up the chain of command. c) The module shall stress the affirmative duties of supervisors to respond to harassing behavior, even in the absence of a complaint, and the consequences of failing to do so. d) The module shall contain a skills-based component, focused on conflict resolution, interpersonal skills, and effective supervisory techniques. Materials: The contractor shall develop written course materials, PowerPoint presentations, and/or videos to be replicated and used by EEOC "internal trainers" and other EEOC staff during EEOC trainings. The materials shall be designed in a manner that permits EEOC to customize the materials for different EEOC organizations. The contractor shall develop sample checklists, tip sheets, posters, and other materials that EEOC staff can replicate and provide to employees during EEOC trainings. The contractor shall develop an evaluation form to be completed by individuals who attend the trainings conducted by EEOC staff. One form should be designed for use directly after the training, and one should be designed for use six months after the training has occurred. Other Requirements: Training modules must be accessible to persons with disabilities and comply with the Americans with Disabilities Act and other applicable laws, rules and regulations governing accessibility, including compliance under section 508 of the Rehabilitation Act. Contractor Qualifications: The contractor shall provide qualified personnel with experience in designing anti-harassment and workplace civility training. A list of qualified personnel with associated resumes will be provided by the contractor for all staff who will be assigned to directly support the tasks associated with this purchase order, subject to review and approval by the COR, final approval by the Contracting Officer (CO). Preference will be given for experience in design and delivery of training on strategies and skills for bystander intervention to prevent harassment in the workplace. SCHEDULE OF SUPPLIES AND SERVICES: Contract Line Item Number CLIN 0001, Employee Session Daily Rate (2 hours minimum, 3 hours maximum) Lot (maximum of 35 students), Unit Price $ , Total for CLIN 0001 $ ; CLIN 0002, Supervisory and Management Session Daily Rate (3 hours minimum, 4 hours maximum) Lot (maximum of 20 students), Unit Price $ , Total for CLIN 0002 ___; CLIN 0003, Reimbursable Travel (See below guidance Federal Travel Regulations). Total Price for CLINs 0001 and 0002: $ Travel: EEOC will reimburse allowable travel expenses in accordance with the Federal Travel Regulation (FTR), see Chapter 301 for the policy on per diem and reimbursable expenses by the government. The FTR is available on-line at www.gsa.gov/federaltravelregulation. Milestones/Deliverables/Completion Date. See attached Milestones and Deliverables. Proposed Award Date: March 28, 2019 (a) Materials. The Contractor shall deliver one (1) electronic copy of all deliverable documents (e.g., training materials) by e-mail attachment to the COR in a 508 compliant format using Adobe (PDF), MS Word (DOC), EXCEL (XLS), or other COR approved file format. All deliverables shall be in accordance with the contract terms and conditions. (b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of non-conforming supplies or re-performance of non-conforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (c) Training space, computer, microphones, and projection/audio-visual equipment will be furnished by EEOC. The contractor may substitute contractor's computer, if desired. The contractor is responsible for all audio-visual course content, regardless of equipment used. Period of Performance: The period of performance for this purchase order is from day of award tough October 31, 2019. Place of Performance: The training will take place at EEOC's Washington, DC Headquarters located at: 131 M Street, N.E. Washington, DC 20507 Training will also be conducted at the following District Offices: 1) Atlanta, Birmingham, Charlotte, Dallas, Houston, Indianapolis, Los Angeles, Memphis, New York, Phoenix, San Francisco, and St. Louis a) Up to 12 sessions for supervisors in the identified District Offices, or an agreed-upon number of consolidated sessions as determined by the EEOC and the contractor. b) Up to 17 sessions for employees in the identified District Offices, or an agreed-upon number of consolidated sessions as determined by the EEOC and the contractor. c) Up to a total of 15 days for employees and supervisors in each of the main District Offices, or an agreed-upon number of consolidated sessions as determined by the EEOC and the contractor. Contract Administration: The person authorized to execute the purchase order on behalf of the Government and any other Government employee who is properly designated as Contracting Officer. Notwithstanding any of the provisions of the purchase order, Contracting Officer shall be the only individual authorized to redirect the effort or in any way amend or modify any of the terms of the resulting purchase order. Doreen Starkes is hereby designated as the Contracting Officer. She can be reached at email to doreen.starkes@eeoc.gov. Submission of Quotation: Quotation submissions must be submitted in writing to the Contract Specialist, John Adams, via to John.Adams@EEOC.Gov with a ("cc") copy to the Contracting Officer, Doreen Starkes, via email to Doreen.Starkes@EEOC.Gov. Your quotation in response to RFQ 45310019Q0016 is due March 14, 2019 in the office(s) email address at 5:00 p.m., eastern standard time. Fax, US Mail and private mailing services will not be accepted. If any part of the submission is incomplete, inaccurate or contains any misrepresentation, it will be disqualified from consideration. Questions: Questions must be submitted in writing to the Contract Specialist, John Adams, via e-mail to John.Adams@eeoc.gov with a ("cc") copy to the Contracting Officer, Doreen Starkes, via email to Doreen.Starkes@EEOC.gov. Telephone inquiries or responses are not acceptable. The deadline for submission of questions regarding RFQ 45310019Q0016 is March 12, 2019 at 1:00 p.m. EST. The Government will not reimburse interested parties for any cost associated with responding to this business opportunity. All responsible sources may submit a quotation which shall be considered by the agency. Contracts will be awarded on or before March 28, 2019. Basis for Award: The government intends to award a fixed-price contract to the responsible quoter whose quotation is responsive to the solicitation and is determined to be the best value to the Government, using the tradeoff approach. Selection of the best value to the Government will be achieved tough a process of evaluating the strengths and weaknesses of each quoter's quotation against the below described evaluation criteria. In determining the best value to the Government, the Technical Capability and Past Performance Evaluation Criteria, when combined, are more important than the evaluated price. The Government is more concerned about obtaining a superior Technical Capability quotation than making an award at the lowest evaluated price. However, the Government will not make an award at a price premium it considers disproportionate to the benefits associated with the evaluated superiority of one technical and management quotation over another. Thus, to the extent that quoter's technical and past performance quotations are evaluated as close or similar in merit, the evaluated price is more likely to be a determining factor. Evaluation Factors For Awards: The Technical Capability, Management Approach and Past Performance of each quote will be evaluated. Factor 1 - Technical CapabilityQuotation response will be evaluated on the ability of the quoter to provide the required services on: a) Dates of Performance - The deliverable dates requested in the statement of work. Alternate date combinations may need to be identified. b) Key Personnel - Resumes of available staff submitted in the quotation must demonstrate the quoter's ability to provide the quality and appropriateness of staff required to provide the required training modules under the statement of work. Resumes of the proposed staff must meet and specifically address the following minimum technical requirements in their submission: 1) possess high degree of knowledge and expertise on the anti-discrimination laws, specifically in regards to harassment in the workplace; 2) professional experience in the field of adult teaching and learning concepts including highly interactive lectures and skills-based training; 3) experience in developing training on workplace civility (preference will be given to quoters who also have experience with bystander intervention training); 4) experience providing training to corporations, governmental agencies, and not-for-profit organizations; Extensive experience in delivering training for managers and supervisors on how to respond to harassing conduct. 5) Demonstrates knowledge and experience in the functional areas as described in the Statement of Work. All resumes must be current within the last year. The quoters must also provide resumes for fully qualified potential replacement personnel with the same high level of experience as the approved Trainer(s). c) Substantive Requirement - Quotation response must demonstrate the ability to meet the requirements described in the SOW. Specifically, quotation response will be evaluated to demonstrate quoter's ability to design training modules that: 1) Can be delivered by a live trainer and are dynamic, interactive, and easy for a layperson to understand. 2) Clarify what conduct is and is not acceptable in the workplace by focusing on workplace norms and clear expectations of civility and respect, rather than legal definitions and standards for liability. 3) Discuss the types of workplace behaviors that are unacceptable, provide specific examples of each, and explain the consequences of engaging in unacceptable conduct. 4) Educate employees about their rights and responsibilities if they experience or witness unacceptable conduct, including how to report harassing conduct and the right to be free from retaliation. 5) Can describe in simple terms, how formal complaint processes operate. 6) Include a skills-based component, focused on interpersonal skills and conflict resolution, (and supervisory techniques for the manager/supervisor module). 7) Complies with the recommendations outlined in the Harassment Prevention Report. 8) Includes practical suggestions on how to respond to different levels and types of offensive behavior, and clear instructions on how to report harassing behavior up the chain of command. (manager/supervisor module only). 9) The module shall stress the affirmative duties of supervisors to respond to harassing behavior, even in the absence of a complaint, and the consequences of failing to do so. (manager/supervisor module only). 10) Are designed as a tee-hour module (employee module) that can be modified to a two-hour module, and designed as a four-hour module (manager/supervisor module) that can be modified to a tee-hour module. d) Copyright Acceptance - Quoter acknowledges compliance with copyright language. Factor 2 - Management ApproachQuoter must provide specific information on the personnel proposed to work under the contract with commitment of staff members. The quoter must clearly address: 1) Assignment of a Project Manager or key personnel as demonstrated in a resume must (a) have demonstrated capability to coordinate all phases of the training program; (b) have management experience in similar projects; and, (c) have extensive design and delivery experience on the topic of anti-harassment and civility in the workplace; 2) Availability of staff with experience successfully delivering anti-harassment and civility training to government agencies. Staff must be recognized as experts in the subject of anti-harassment and civility in the workplace. 3) Description of plan for managing the services required under the Statement of Work (SOW). Quoter must also provide a list of qualified personnel with associated resumes who will be assigned to directly support the tasks associated with the contract. Factor 3 - Past Performance Quoter must provide evidence that it has successfully performed a minimum of tee (3) federal, state or local government and/or commercial contracts for the same or similar services within the past tee (3) years to include: contract type, contract number, contract/order value, agency/company name, agency/company point of contact name, telephone number, valid e-mail address, the type of services provided and any problems encountered on each contract/order and the contractor's corrective actions. The technical acceptability determination for past experience will include: (a) timeliness of services within agreed upon deliverable dates, (b) if the contractor had the ability to address and resolve issues fully and quickly within the contract period, and there should be no more than five (5) instances of customer complaints within the last tee (3) years; and, (c) documentation of customer satisfaction, e.g. end of training surveys. Quoter must provide sample outlines and materials from these contracts, not to exceed ten pages in total. SAM The prospective contractors must have an active registration in the System for Award Management (SAM) database at the time of quotation submission. Registration is free and can be completed on-line at http://www.sam.gov. Each quotation must clearly indicate the capability of the vendor to meet the requirements specified in this combined synopsis/solicitation. Payment and Billing: Pursuant to FAR Clause 52.232-33, entitled, "Payment by Electronic Funds Transfer-System for Award Management (July 2013), the Government's method of payment for work authorized is by electronic funds transfer. Electronic copies of invoices shall be uploaded to the electronic invoicing system portal via www.ipp.gov, the U.S. Department of the Treasury's Invoice Processing Platform System (IPP), in accordance with the attached custom clause. See attached vendor notification letter for additional instructions. The contractor shall submit a duplicate invoice to the COR by mail or electronically to: Equal Employment Opportunity Commission Office of the Chief Human Capital Officer 131 M Street, N.E. 4th Floor Washington, DC 20507 Attn: TBD Email: TBD *COR information will be provided within 3 business days after award* Type of Contract: This is a firm fixed price contract. Cancellation: Should EEOC elect to cancel the purchase order, EEOC shall provide written notification of the cancellation to the contractor no later than 7 calendar days prior to Kickoff Meeting. By receipt of this cancellation notice, the contractor agrees to release EEOC from all cancellation penalties or charges. If cancellation within 4 business days is the result of a government-wide closure not within the discretion of EEOC, the contractor shall also forego cancellation penalties or charges. Contractor must agree to the following COPYRIGHT STATUS: This work, authored by _____________________ employees, was funded in whole or in part by _________________________ under U.S. Government contract _______________, and is, therefore, subject to the following license: The Government is granted for itself and others acting on its behalf a paid-up, nonexclusive, irrevocable worldwide license in this work to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government. All other rights are reserved by the copyright owner. Applicable Provisions and Clauses: The provisions at 52.212-1, Instructions to Offerors - Commercial Items applies to this acquisition. The vendor shall include a completed copy of the provisions at 52.212-3, Offeror Representations and Certifications - Commercial Items with your quote. The provision at 52.216-27, Single or Multiple Awards applies to this RFQ. Clause 52.212-4, Contract Terms and Conditions-Commercial Items and Clause 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Order-Commercial Items, and 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications are incorporated by reference. Clause 52.203-6, Restrictions on Subcontractor Sales to the Government ' Alternate I, Clause 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Clause 52.204-10 Reporting Executive Compensation and First -Tier Subcontract Awards, Clause 52.204-19, Incorporation by Reference of Representations and Certifications, Clause 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed Debarment, Clause 52.204-23 Prohibition on Contracting for Hardware Software and Services Developed or Provided by Kaspersky Lab and Other Covered Entities, Clause 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters, 52.209-10 Prohibition On Contracting with Inverted Domestic Corporations, Clause 52.216-18 (Ordering), 52.216-19 (Order Limitations), 52.216-22 (Indefinite Quantity), Clause 52.217-9 Option to Extend the term of the Contract, Clause 52.222-3 Convict Labor, Clause 52.222-19 Child Labor - Cooperation with Authorities and Remedies, Clause 52.222-21, Prohibition of Segregated Facilities, Clause 52.222-26 Equal Opportunity, Clause 52.222-35 Equal Opportunity for Veterans, Clause 52.222-36 Affirmative Action for Workers with Disabilities, Clause 52.222-37 Employment Reports on Veterans, Clause 52.222-50 Combating Trafficking in Persons, Clause 52.223-18 Encouraging Contractor Policies to Ban Texting Messaging While Driving, Clause 52.225-13 Restrictions on Certain Foreign Purchases, Clause 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications, Clause 52.232-33, Payment by Electronic Funds Transfer - System for Award Management, 52.232-36, Payment by Third Party, 52.233-3 Protest After Award and Clause 52.233-4 - Applicable Law for Breach of Contract Claim are incorporated by reference. To obtain the above provision/clauses in full text, please visit https://www.acqusition.gov. Method of payment: Electronic Funds Transfer. 45310019Q0016 Equal Employment Opportunity Commission
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