OASCR_EAD_PWS_(Final).docx
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- EEO Support Services Federal contract opportunity
- Solicitation number
- 12314419Q0003
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Performance Work Statement
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| 12314419Q0003_Amendment_001.pdf | ||
| OA_Vendor_Questions.xlsx | XLSX spreadsheet | |
| 12314419Q0003_SF1449.pdf | ||
| OASCR_EAD_Basis_for_Award_(Final).docx | DOCX document | |
| 12314418Q0003_Provisions_Clauses_(Final).docx | DOCX document | |
| OASCR_EAD_Pricing_Schedule_(Final).docx | DOCX document |
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12314419Q0003 OASCR Office of Adjudication
PERFORMANCE WORK STATEMENT (PWS)
Office of the Assistant Secretary for Civil Rights, Office of Adjudication
Part 1: GENERAL INFORMATION
1. General: This is a contract to provide Equal Employment Opportunity (EEO) Professional Support Services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.
1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Equal Employment Opportunity (EEO) Professional Support Services as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract. In accordance with FAR 37.104, Personal Services are prohibited and will not be performed under this contract. This requirement does not perform Inherently Governmental functions (IGF). The services performed shall conform to the requirements and the resulting work products shall conform to all applicable Federal regulations, including but not limited to, the Federal Acquisition Regulation (FAR), the Agricultural Acquisition Regulation (AGAR) policy and supplemental regulations as appropriate.
1.2 Background: The Office of the Assistant Secretary for Civil Rights (OASCR), through the Office of Adjudication (OA), processes formal complaints of employment discrimination filed by employees or applicants for employment against the United States Department of Agriculture (USDA) or its sub-agencies.
OASCR is required by the EEOC pursuant to 29 C.F.R. § 1614 to process cases within a statutorily mandate 60-90 days from issuance of the ROI and Produce a Final Agency Decision within 60-90 days of receipt of the ROI.
1.3 Objectives: The objective of EEO Professional Support Services is to include the following:
1.3.1 Reviewing Reports of Investigation (ROI)
1.3.2 Preparing Final Agency Decisions (FAD)
1.3.3 Investigations
1.3.4 Accept/Dismissal Letters
1.3.5 Final Orders
1.3.6 Complaint Status Memorandums
1.4 Scope: The Contractor shall assist in all stages related to the processing of formal EEO complaints, including reviewing ROIs for legal sufficiency, and preparing FADs based on the merits of the complainant’s case. Each contractor will be assigned to one specific function on behalf of the Government. Those hired to review ROIs for legal sufficiency will be expected to be experts in their respective field, and similarly, those assigned to Draft FADs will be expected to be experts in their respective field as identified by the criteria established, and those hired to perform investigations shall be experts and shall have all required credentials.
1.5 Period of Performance: The period of performance shall be for one (1) Base Period of twelve (12) months and four (4) twelve (12) month option periods. The Period of Performance reads as follow:
| Base Period | December 1, 2018-November 30, 2019 | |
| Option Period I | December 1, 2019- November 30, 2020 | |
| Option Period II | December 1, 2020- November 30, 2021 | |
| Option Period III | December 1, 2021- November 30, 2022 | |
| Option Period IV | December 1, 2022- November 30, 2023 |
1.6 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which work complies with the requirements of the contract. The Quality Control Plan (QCP) shall be delivered via electronic mail within 30 days of contract award. Amendments/changes to the QCP shall be delivered to the COR and Contracting Officer within three business days following any change.
1.6.1 Quality Assurance: The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).
1.6.2 Recognized Holidays: The contractor is not required to perform service on holidays listed below.
| New Year’s Day |
| Martin Luther King, Jr. Birthday |
| President’s Day |
| Memorial Day |
| Independence Day |
| Labor Day |
| Columbus Day |
| Veteran’s Day |
| Thanksgiving Day |
| Christmas Day |
| Inauguration Day (applicable to year 2017) |
| Any other day designated by Federal Statute, Executive Order, or Presidential proclamation. |
1.6.4 Hours of Operation: This work requires the contractor to access the USDA’s iComplaints Database System[footnoteRef:1]. This database can only be accessed using a Linc-Pass eAuthentication, which requires the Contractor to be onsite, the system is no longer web based, there is no remote access to this product on the USDA network. Since the work requires the Contractor to access the USDA network, supervision and/or monitoring by a Federal employee is required. In addition, the draft final agency decisions, are a pre-decisional work product containing Personally Identifiable Information (PII) that has to be secured. At the close of each work period, Government facilities, equipment, and materials shall be secured. [1: iComplaints is the database which contains case information necessary for the writing of a final agency decision. It contains specific case data, case history, and procedural history and has to be updated in real time as the final agency decisions are being drafted. ]
Additionally, the work being performed with encompass review of all work-related issues involving over 17 USDA agencies and or staff offices, that includes approximately 600 separate programs and nearly 100 thousand workers. In order to ensure that all questions related to similarly situated work and workers, availability of reasonable accommodations across various working groups, facilities and departmental alternatives, given the need to have the regulatory questions answered the same day they arise, it is imperative that the vendor have immediate access to the range of federal personnel who are competent enough to respond.
Given these unique challenges, the Contractor is responsible for conducting business between the core hours of 9:00 AM to 3:00 PM Eastern Standard Time (EST), arriving no earlier than 6:30 AM and departing no later than 6:00 PM Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Work hours shall consist of not to exceed 40-hour work week total hours do not exceed 2080 per year per position. The Contractor shall provide continuous on-site support services, Monday through Friday, except Federal holidays and other office closures unless otherwise approved by the contracting officer. This is a Firmed Fixed Price Contract. The Contractor must always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.
1.6.5 Place of Performance: This work requires the contractor to access the USDA’s iComplaints Database System[footnoteRef:2]. This database can no longer be accessed remotely. [2: iComplaints is the database which contains case information necessary for the writing of a final agency decision. It contains specific case data, case history, and procedural history and has to be updated in real time as the final agency decisions are being drafted. ]
Additionally, the work being performed with encompass review of all work-related issues involving over 17 USDA agencies and or staff offices, that includes approximately 600 separate programs and nearly 100 thousand workers. In order to ensure that all questions related to similarly situated work and workers, availability of reasonable accommodations across various working groups, facilities and departmental alternatives, given the need to have the regulatory questions answered the same day they arise, it is imperative that the vendor have immediate access to the range of federal personnel who are competent enough to respond.
The work to be performed under this contract will generally be performed in a Government provided office space in the National Capital Region (NCR) particularly Patriots Plaza III,355 E Street SW, 7-140 Washington, DC 20024.
1.6.6 Type of Contract: The Government will award a Firm Fixed Price Contract.
1.6.7 Security Requirements: The Contractor will work with the COR to ensure all work force comply with USDA DM 4620-002 Common Identification Standard for U.S. Department of Agriculture Employees and Contractors.
1.6.8 Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. The preparation of FADs involves pre-decisional work and includes access to PII. At the close of each work period, Government facilities, equipment, and materials shall be secured at the governmental site.
1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor’s performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.
1.6.10 Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the KO and COR of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.
1.6.11 Key Personnel: The personnel listed below are considered essential to the work being performed under this contract. Before removing, replacing, or diverting any of the listed or specified personnel or facilities, the Contractor shall (1) notify the Contracting Officer reasonably in advance and (2) submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.
1.6.11.1 The Contractor shall not remove or replace any personnel designated as “key” personnel without prior written notification and approval by the Contracting Officer, although the Government recognizes that the Contractor cannot compel any individual to remain under its employ. Written notification of the pending substitution shall be submitted to the COR no later than 10 calendar days in advance of any proposed substitution and shall include a resume and justification of the proposed substitution(s) in sufficient detail to permit evaluation of the impact on delivery order performance. The COR will review new resumes and justifications to ensure compliance with the contract. Any replacement personnel proposed shall meet at least the minimum qualifications specified for the key position. If deemed necessary, the Contractor shall give replacement personnel a one (1) day orientation at no additional cost to the Government.
1.6.11.2 The following personnel are considered Key Personnel by the Government:
Program Manager On-Site Lead Equal Opportunity Specialist
1.6.11.3 The minimum qualifications for the following key personnel are as follows:
Program Manager
· Minimum of eight (8) years of direct experience in managing at least fourteen or more EEO Specialists and Assistants
· Understands EEO policy and practices
· Minimum of five (5) years in program/contract management
· Professional Law Degree, (JD or LLB), Master of Business Administration (MBA) degree, or a related field of study
On-Site Lead Equal Opportunity Specialist
· Minimum of eight (8) years of experience evaluating, reviewing and analyzing employment discrimination claims or reports of investigations in accordance with Title VII of the Civil Rights Act of 1964.
· Minimum of five (5) years of experience in writing FADs directly supporting a Government Agency
· Minimum of three (3) years of experience leading other FAD writers.
· Professional Law Degree (JD or LLB)
1.6.12 Contractor Travel: N/A
1.6.12.1 Travel Administration: N/A
1.6.13 Data Rights: All deliverables required by Performance Work Statement, shall be considered and treated as Government property.
1.6.14 Organizational Conflict of Interest (OCI): If, for any reason, OA or the Contractor determines a potential, perceived, or actual conflict of interest, they shall cease all work, unless arrangements can be made to avoid the conflict of interest. If a conflict of interest arises that cannot be avoided, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.
1.6.15 Phase In: To minimize any decreases in productivity and prevent possible negative impacts on additional services, the contractor shall complete a phase-in period. During the phase in period, the Contractor shall become familiar with the PWS requirements and complete administrative requirements such as badging to commence full performance of services. The Contractor shall have personnel onboard one week after contract award.
PART 2
DEFINITIONS & ACRONYMS
2. DEFINITIONS AND ACRONYMS:
2.1. DEFINITIONS:
2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.
2.1.2. CONTRACTING OFFICER (CO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.
2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the Contracting Officer to administer the contract. 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, 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.
2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.
2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.
2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.
2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.
2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
2.1.9. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.
2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.
2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.
2.1.13. WORK WEEK. Monday through Friday, unless specified otherwise.
PART 3
GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES
Part 3: GOVERNMENT FURNISHED ITEMS AND SERVICES:
3.1 Services: N/A
3.2 Facilities: Basic facilities such as work space and its associated operating requirements will be provided while working in Government facilities.
3.3 Equipment: The Government will provide the basic necessary equipment for the Contractor staff to provide support outlined in the PWS, to include telephones, computers, desk space, and other items necessary, as determined by the government, to maintain an office environment.
PART 4 CONTRACTOR FURNISHED ITEMS AND SERVICES
Part 4: CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:
4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.
4.2 Security: The Contractor will work the COR to ensure all work force comply with USDA DM 4620-002 Common Identification Standard for U.S. Department of Agriculture Employees and Contractors.
4.3 Materials: N/A
4.4 Equipment: Accommodations for contractor personnel with a disability are the responsibility of the Contractor. This includes sign language interpreters and specialized equipment.
PART 5 SPECIFIC TASKS
Part 5: SPECIFIC TASKS:
5.1 Basic Services: The Contractor shall provide services for Equal Employment Opportunity Support Services to include the following task listed below. The Contractor shall provide all labor, supervision and quality control necessary to provide comprehensive professional services. The Contractor shall be directly responsible for ensuring the accuracy, timeliness, and completion of all tasks under this effort.
5.2 Deliverables: All deliverables shall meet professional standards, the requirements set forth in this PWS, and any additional requirement communicated to the Contracting Firm by the Contracting Officer’s Representative (COR). The Contracting Firm shall be responsible for ensuring the contract employees submit all deliverables as requested.
The Contracting Officer’s Representative (COR) will monitor the Contracting Firm’s service using the table below to ensure quality deliverables.
Task 001 EEO ROI Tracking/Review
TASKS/SERVICES. The contractor shall:
· Monitor the ROI Development Process from assignment to ROI Completion
· Review ROI Completely when copy received;
· Determine if ROI is complete and statutorily sufficient;
· Determine if the ROI requires a supplemental;
· Issue a Status Memorandum to Office Chief/Director;
DELIVERABLES: All deliverables will be provided to the Government within the timeframes outlined in the Delivery Schedule below.
· Monitor the ROI development during the external investigative process.
· Within five (5) calendar days after case assignment, the external Contractor will submit an investigative plan (IP) that will include all steps of the investigation. The IP will be submitted along with the document request and witness list and will be reviewed by the Contractor.
· If the IP is disapproved by the Contractor, the Contractor shall require the external vendor to submit a revised plan within three (3) calendar days of disapproval and adjust the investigation accordingly.
· The Contractor should clearly review each enumerate requested document or statistical information.
· ROI Hardcopy Version: The contractor shall receive from the BPA Vendor an original and two (2) copies of the ROI three (3) copies if Complainant is represented shall be provided within forty-five (45) calendar days (except for expedited requests, which are thirty (30) calendar days from the date the Contractor receives the Assignment) and the complaint file unless otherwise specified by the OASCR.
· The contractor shall review the original ROI which will be clearly marked "Original," the copies marked "Copy," and the Agency name must be clearly identified [See Exhibits]. The original ROI will not be sanitized. Upon receipt the contractor shall review and ensure all copies of the ROI received from the BPA Vendor and will ensure it has been sanitized in accordance with this PWS and a key provided when necessary. All ROI’s must have a sequential number at the bottom, centered on each page.
· The contractor shall ensure that upon receipt from the BPA Vendor, the ROI Electronic Versions provided to the Contractor shall have one (1) PDF format of the un-sanitized ROI and one (1) PDF format of the sanitized ROI. The electronic investigation in PDF format must incorporate the following features: electronic bookmarks corresponding to the file index and section dividers of the paper file, made key-word searchable, sequentially numbered pages starting with the first page of the file even if the first page is a title or blank page.
· Contractor will make a final determination if ROI is complete and statutorily sufficient;
· Determine if the ROI requires a supplemental;
· Contract employee or designee shall oversee the entire ROI development process, monitoring the BPA Vendor and shall Issue a status memo to Office Chief/Director when ROI process is complete;
Task 002
Final Agency Decisions
TASKS/SERVICES. The contractor shall:
· Review iComplaints;
· Review Report of Investigation;
· Review Investigative File if any;
· Identify Primary Issues;
· Identify Primary Law;
· Determine if the issues of discrimination appear to be documented/supported;
· Develop a Draft Final Agency Decision;
· Develop Sections for Introduction, Issues Presented, Procedural History, Statement of Facts, Applicable Law, Analysis, Conclusion, Appeal Rights, Order of Relief;
· Draft certificate of Service; and
· Draft a Decision Memo for the Office/Division Head.
DELIVERABLES: All deliverables will be provided to the Government within the timeframes outlined in the Delivery Schedule below.
· Review Report of Investigation within 1 Day of getting file including:
· The contractor/adjudicator will review iComplaints Case Report[footnoteRef:3] [3: iComplaints is the database which contains case information necessary for the writing of a final agency decision. It contains specific case data, case history, and procedural history and has to be updated in real time as the final agency decisions are being drafted. ]
· Supplemental Report of Investigation
· Hearing Record and any additional documentation relevant to the adjudication of the complaint.
· Identify Primary Issues within 1 day of reviewing report of investigation
· Identify Primary Law within 1 day of reviewing report of investigation
· Determine if the issues of discrimination appear to be documented/supported within 2 days
· Develop a “Draft” Final Agency Decision within 3 days of review of investigation
· Draft a Complaint Status Memorandum for the Office/Division Head within 3 days of review of investigation.
· Final Agency Decisions are due to the APC 3 calendar days from the date the contractor receives the assignment.
Task 003 Investigations of EEO Discrimination Complaints
TASKS/SERVICES. The contractor shall:
· Preparation of an Investigative Plan (IP);
· Review Counselor’s report;
· Obtain documentary information, including relevant statistics;
· Secure testimony;
· Prepare the investigative file; and
· Prepare the final Reports of Investigation (ROI).
DELIVERABLES: All deliverables will be provided to the Government within the timeframes outlined in the Delivery Schedule below.
· Within five (5) calendar days after case assignment, the Contractor is to submit an investigative plan (IP) that will include all steps of the investigation. The IP will be submitted along with the document request and witness list to the ACP for review. The Contractor shall proceed with the investigation upon submission of the IP. If the IP is disapproved by the Agency Contact Person (ACP), the Contractor shall submit a revised plan within three (3) calendar days of disapproval and adjust the investigation accordingly.
· Document Requests: the list of all documents and statistical information that will be requested from the USDA points of contact for obtaining documents, is to be sent to the ACP for review within five (5) calendar days after case assignment. All document requests should be on Contractor letter head and should clearly enumerate each requested document or statistical information.
· ROI Hardcopy Version: The original and two (2) copies of the ROI (3) copies if Complainant is represented shall be provided within forty-five (45) calendar days (with the exception of expedited requests, which are thirty (30) calendar days from the date the Contractor receives the Assignment) and the complaint file unless otherwise specified by the OASCR. The original ROI will be clearly marked "Original," the copies marked "Copy," and the Agency name must be clearly identified [See Exhibits]. The original ROI will not be sanitized. All copies of the ROI will be sanitized in accordance with this PWS and when necessary. All ROI’s must have a sequential number at the bottom, centered on each page.
· ROI Electronic Versions: The Contractor shall also provide one (1) PDF format of the un-sanitized ROI and one (1) PDF format of the sanitized ROI. The electronic investigation in PDF format must incorporate the following features: electronic bookmarks corresponding to the file index and section dividers of the paper file, made key-word searchable, sequentially numbered pages starting with the first page of the file even if the first page is a title or blank page.
Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the contracting officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.
Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's quality control program is how he assures himself that his work complies with the requirement of the contract. The contractor shall submit the Quality control program within 15 days after contract award.
The quality control program shall be submitted to the contracting officer and contracting officer representative for approval by the contracting officer. After acceptance of the quality control plan the Contractor shall receive the contracting officer's acceptance in writing of any proposed change to his QC system.
Quality Assurance Surveillance Plan
1. The Quality Assurance Surveillance Plan (QASP) has been developed to evaluate contractor performance in accomplishing project objectives, tasks and requirements contained in the performance work statement.
The QASP defines project performance standards and provides for a systematic method for USDA to evaluate contractor performance of required services against such standards. The QASP also defines the surveillance methodology that the USDA will use to monitor contractor compliance with the performance work statement.
The Contracting Officer's Representative (COR) has primary responsibility for implementing the QASP. Other USDA officials such as Program Officials are part of the USDA Quality Assurance Team.
The COR, with the assistance of other Quality Assurance team members, as appropriate, will perform quality assurance activities through the review of deliverables, contractor's level of effort, on-going process progress and surveillance methodologies stated in the Performance Requirements Summary below.
2. The Performance Requirements Summary (PRS) sets forth a matrix of required services, performance indicators, standards, surveillance methodologies, acceptable quality levels (AQL), and deductions for not meeting standards.
3. Performance Requirements Summary The Contracting Officer Representative (C.O.R) with the assistance the Quality Assurance team members, as appropriate, will engage with the contractor using the Metrics table below to ensure quality deliverables.
| Required Service |
| Objective |
| Acceptable Quality Level |
| Method of Surveillance |
| Incentive/Disincentive |
| Prepare Investigative Plan (IP). |
| To ensure the timely and accurate completion of EEO investigations, and how the contractors plan on how it intends investigate |
| Zero Deviation. All IP's should be submitted within the designated time frame. |
| 100% |
Inspection by COR The Government will pay 100% of the invoiced amount if AQL is met. The Government will reduce payment 1% per day until an acceptable product is delivered.
| Obtain documentary information, including relevant statistics. |
| To ensure a legally sufficient and timely ROI, with all necessary personnel documents and statistics. |
| Zero Deviation. The contractor shall obtain 100% of necessary documents for a legally sufficient ROI. |
| 100% |
Inspection by COR The Government will pay 100% of the invoiced amount if AQL is met. The Government will reduce payment 1% per day until an acceptable documentation obtained
| Securing testimony |
| To ensure a legally sufficient ROI with statements from all necessary personnel and witnesses. |
| Zero Deviation. The contractor shall obtain 100% of all relevant witness and personnel statements for a legally sufficient ROI. If statements cannot be obtained the contractor will document in writing the attempts to obtain statements and include documentation in the ROI. |
| 100% |
Inspection by COR The Government will pay 100% of the invoiced amount if AQL is met. The Government will reduce payment I% per day until an acceptable documentation obtained.
| Preparing the investigative file including final Reports of Investigation (ROI). |
| To ensure timely, accurate, complete, organized and legally sufficient ROI delivered to the AP and EID. |
| Zero Deviation. The contractor shall submit 100% of all draft copies of the ROI’s within the timelines set forth in the delivery schedule. |
| 100% |
Inspection by COR The Government will pay 100% of the invoiced amount if AQL is met. The Government will to reduce payment 1% per day until an acceptable documentation obtained.
| EEO counseling and counseling reports |
| Provide APs with timely and thorough EEO counseling, rights and responsibilities, determination of issues and base(s) , inquiry into the Aps allegations , attempt a resolution of the issue(s) |
| Clear, accurate, complete and clearly lays out all issues. Attaches an necessary |
Documentation/exhibits, uses the proper templates, includes attempts at informal resolution and statement(s) from the responding official(s), and accurate dates/officials involved. Zero Deviation. Submit 100% within the timelines in the schedule.
100% Inspection by COR The Government will pay 100% of the invoiced amount if AQL is met. The Government will reduce payment 1% per day until an acceptable documentation obtained
| Draft Final Agency Decisions |
| Timely, accurate and complete determination on the merits of the complaint as to whether discrimination has, occurred including applicable damages analysis. |
| 100% of FADs delivered within the timeframes set forth in the delivery schedule and no more than two revisions to the FAD |
| 100% |
Inspection by COR The Government will pay 100% of the invoiced amount if AQL is met. The Government will reduce payment 1% per day until an acceptable documentation obtained
| Complaint Status Memorandums FADs/ROIs |
| Timely, accurate and determination on the merits of the complaint whether discrimination has occurred or whether ROIs were prepared according to regulation. |
| 100% delivered within the timeframes set forth in the delivery schedule and no more than one revision |
| 100% |
Inspection by COR The Government will pay 100% of the invoiced amount if AQL is met. The Government will reduce payment 1% per day until an acceptable documentation obtained
Deliverable Schedule
Deliverable Task 001
| Frequency |
| Number of Copies |
| Medium/ |
Format Submit To
| Review of an Investigative Plan (IP); |
| Contractor shall review and insure that BPA contractor has provided IP within five (5) calendar days after case assignment, If the IP is disapproved, contractor shall ensure a revised plan has been submitted within three (3) calendar days of disapproval and adjust the investigation accordingly. |
| One (1) email |
| Word |
| COR |
| Review of documentary information, including relevant statistics; |
| Shall review the list of all documents and statistical information that will be requested from the USDA points of contact for obtaining documents is that it was sent in for review within five (5) calendar days after case assignment. |
| One (1) email |
| Word |
| COR |
| Completed ROI |
| 30 Days before case closes exceeds regulatory time frame, unless extension granted |
| One (1) email |
| Word |
| COR |
| Complaint Status Memorandum |
| 1 Day after ROI Completed |
| One (1) email |
| Word |
| COR |
Deliverable Task 002
| Frequency |
| # of Copies |
| Medium/ |
Format Submit To
| Complaint Status Memorandum |
| Same Day as 1) Final Draft FAD |
| One (1) email |
| Word |
| COR |
Final Agency Decision
| Final Agency Decisions are due to the 3 calendar days from the date the contractor receives the assignment. If revisions are required, the final version is due to the 1-2 days after the revisions are requested, or earlier if requested |
| One (1) email |
| Word |
| COR |
Deliverable Task 003
| Frequency |
| Number of Copies |
| Medium/ |
Format Submit To
| Preparation of an Investigative Plan (IP); |
| Within five (5) calendar days after case assignment, If the IP is disapproved by the ACP, the Contractor shall submit a revised plan within three (3) calendar days of disapproval and adjust the investigation accordingly. |
| One (1) email |
| Word |
| COR |
| Obtaining documentary information, including relevant statistics; |
| The list of all documents and statistical information that will be requested from the USDA points of contact for obtaining documents is to be sent to the ACP for review within five (5) calendar days after case assignment. |
| One (1) email |
| Word |
| COR |
| Hard Copy ROI |
| Forty-five (45) calendar days from the date the |
contractor receives the assignment (with the exception of expedited requests, which are thirty (30) calendar days from the date the Contractor receives the Assignment) and the complaint file unless otherwise specified
| 2-3 |
| Hard copy |
| COR |
| Electronic Copy |
| Forty-five (45) calendar |
days from the date the contractor receives the assignment (with the exception of expedited requests, which are thirty (30) calendar days from the date the Contractor receives the Assignment) and the complaint file unless otherwise specified
One (1) PDF format of the un-sanitized ROI and one (1) PDF format of the sanitized ROI.
| COR |
NON-PERSONAL SERVICE STATEMENT.
Contractor employees performing services under this contract will be controlled, directed and supervised always by management personnel (Project Manager) of the contractor. The contractor's management shall ensure that employees properly comply with the performance standards outlined in the Performance Requirements Summary Table. Contractor employees will perform independent of and without the supervision of any Government official. Actions of contractor employees may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the U.S. Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.
GOVERNMENT PROJECT OFFICER.
The Government Project Officer (C.O.R) will provide general instructions on limitations and deadlines, and is responsible for administration of the task order in compliance with the contract to include inspection and acceptance of deliverables.
TBD
PART 6 APPLICABLE PUBLICATIONS
· 6.1. The Contractor must abide by all statutes, applicable regulations, publications, manuals, and federal policies, procedures to include, but not limited to:
· Titles VI and VII of the Civil Rights Act of 1964
· Title IX of the Education Amendments of 1972
· The Age Discrimination Act of 1975
· The Americans with Disabilities Act Amendments Act of 2008
· The Rehabilitation Act of 1973
· The Genetic Information Nondiscrimination Act of 2008
· Management Directive-110
· DM-4300
· 29 C.F.R. 1614
7.2 ESTIMATED WORKLOAD DATA
The data provided is an estimate of what it may take to perform the requirements listed in the PWS. Government anticipates there will be 450 Request for Investigations’ reviewed, 450 Final Agency Decision (FADs) drafted, 50 onsite investigations conducted per year.
File details come from the government source that posted it.