PWS_12212017.doc

SECTION C- Description/Specifications/Work Statement performance Work statement

OFFICE OF COLLABORATIVE ACTION AND DISPUTE RESOLUTION (cADR) – EXTERNAL C.1 Information - Overview C.1.1 Objective and Project Description The United States Department of the Interior (DOI), is the nation’s principal conservation agency, charged with the mission “to protect and provide access to our nation’s natural and cultural heritage and honor our trust responsibilities to Indian Tribes and our commitments to island communities.” Over 70,000 individuals work for DOI and its bureaus in 1,900 locations across the United States, Puerto Rico, Virgin Islands, U.S. Territories, and Freely Associated States.

The Office of Collaborative Action and Dispute Resolution (CADR), established in October 2001, is located within the Office of the Secretary under the Assistant Secretary for Policy, Management and Budget (PMB) of DOI. The CADR office is charged with promoting effective conflict management and appropriate dispute resolution with respect to conflict that is internal to DOI and its bureaus, such as conflict in the workplace, as well as conflict between DOI and its bureaus and external parties. Internal conflict falls under the DOI/CADR CORE PLUS program. The CADR office is seeking to contract for services that would allow DOI to better utilize public participation, collaborative problem-solving and alternative dispute resolution processes to prevent, manage, and resolve external conflicts.

With respect to the management of external conflict, the CADR office promotes, coordinates and facilitates public participation processes, conflict management and dispute resolution tools, and greater use of consensus-building processes by all bureaus and offices throughout DOI. The CADR office requires support to enable DOI bureaus and the Office of the Secretary to support its public engagement, collaborative problem-solving and conflict resolution opportunities primarily with respect to environmental, natural resource, and Native American programs and other program areas that significantly impact DOI’s mission. To fulfill this mission, the Contractor shall provide consensus-building professionals, facilitators, mediators, trainers, and other conflict management experts.

The Contractor shall provide expert neutral assistance to DOI agencies seeking to engage government and non-government stakeholders and the public in planning, problem-solving, decision-making and conflict resolution processes with respect to environmental, natural resource, and tribal-related issues. The expert professional services include situation assessments, mediation, facilitation, process and system design, training, conflict management consultation, public participation programs, collaborative problem-solving, consensus-building, joint fact-finding, negotiated rulemaking and dispute resolution processes, with an emphasis on natural resources, environmental and Native American issues and programs.

The Contractor is required to work collaboratively with others, and use technology in support of collaboration and public participation projects. The Contractor shall also provide communication, technology, and logistical support for particular projects. The Contractor shall support small and large scale projects ranging from mediation of an individual landowner complaint before the DOI Board of Land Appeals or the Board of Indian Appeals to a complex multi-party, multi-jurisdictional collaborative process, a negotiated rulemaking process, or a national government-to-government consultation process.

The Contractor shall manage a pool of experienced professional service providers in the disciplines described above.

C.1.2 Place of Performance The Contractor shall have the resources to provide Conflict Management Professionals (CMPs) in all of the geographic regions in which the DOI operates. That is, the place of performance is any one of the 1,900 DOI locations across the United States, Puerto Rico, Virgin Islands, U.S. Territories, and Freely Associated States. Although, the place of performance is any one of 1,900 DOI locations, the projected geographic distribution of work for this requirement is provided in the table below.

C.1.3 Task Order Workload

AQD issued 144 task orders over the last five years as indicated by the table below. This information is provided for information purposes only, and is not an estimate of the future workload. The future workload is variable and is driven in part by unforeseen issues that result in external conflicts.

C.1.4 Office Space and Hours of Operation

The Contractor shall maintain office space within the Washington, D.C. metropolitan area. DOI expects this office space to be staffed during normal working hours by the Contractor's Contract Administrator and its contract administration staff in order to facilitate meetings between DOI and the Contractor.

The Contractor's project management and financial staff shall work hours compatible with normal work hours in the Eastern Time zone to facilitate easy contact with the Project Officer and Contracting Officer (CO).

C.2 Scope of Work for CADR Mediation, Facilitation, and Related Services for Natural Resource Conflict Management and Collaborative Processes C.2.1 Considerations Applicable to Entire Contract

1. As used in this contract, the term CMP refers to mediators, facilitators, public participation experts, trainers, change management experts, curriculum designers, and other experts involved in the field of conflict management and public participation. The DOI Contracting Officer Representative (COR) and Agency CORs will be charged with overseeing and providing technical guidance on the day-to-day administration of the contract and Task Orders.

2. Requirements for services will be developed by the COR or designee through Technical Directives.

3. When acting as a third-party neutral in performing any service under this contract, the Contractor shall not take a position on the merits of a case nor decide the appropriate resolution of the conflict for the parties. Additionally, the Contractor shall not take a position on Federal policy or regulations.

4. If at any time the impartiality, credibility, practices, or effectiveness of a CMP becomes unacceptable to the agency acquiring the service or any of the parties involved in a service provided under this contract, upon notification from the DOI COR or DOI CO, the Contractor shall cease all work, and, if deemed appropriate by the COR or CO, reassign the service to another CMP acceptable to all parties engaged in the process.

5. The Contractor may be requested to work collaboratively with DOI personnel in performing certain services. This could involve mentoring in-house mediators and facilitators, co-mediation, co-facilitation, co-training, and other activities.

6. Upon the issuance of a Technical Directive for the development of a written product such as a report, case study, fact sheet, meeting summary, white paper, brochure, digital presentation, or similar product, the Contractor shall first develop a draft product. The Contractor shall submit the draft product to the appropriate DOI Point of Contact (POC) and the COR for comment. The Contractor shall then incorporate the comments into the draft and submit the final product to the POC.

7. The Contractor shall ensure that CMPs serving as neutral third parties under this contract receive information about, and perform in accordance with, the procedural and confidentiality requirements of applicable federal, state, and court provisions and rules applicable to their service. Relevant examples of potentially applicable provisions and rules include the Administrative Dispute Resolution Act of 1996(ADR Act), 5 USC 57 et seq., and rules for the conduct of ADR promulgated by the Federal District Courts.

8. The Contractor shall abide by the standards of ethical conduct relevant to the field in which it is providing service. These include the standards of practice of the Association for Conflict Resolution, the American Arbitration Association, the Dispute Resolution Section of the American Bar Association and the International Association for Public Participation or the equivalent professional associations. The Contractor shall remove CMPs from projects conducted under this contract if they do not conduct their practice in adherence with the statutory provisions or court rules and ethical codes appropriate to the services that they are providing.

9. The Contractor will be expected to identify from a source of CMPs the best individual to meet the criteria set out in individual Technical Directives.

10. Selection of a CMP will require the advance knowledge and consent of the agency acquiring the service. The Contractor shall take this into account in developing procedures to solicit input and to negotiate approval of a conflict resolution service provider.

11. Costs for some conflict management processes may be shared between the acquiring agency and participating parties. Where applicable, cost-sharing is agreed to by the parties. The agreement between parties shall detail how costs will be allocated and how the mediator/facilitator shall bill and collect funding.

12. CMPs eligible to work under this contract shall adhere to all relevant DOI policies and guidance.

C.3 Specific Tasks C.3.1 Task 1: CONTRACTOR MANAGEMENT SYSTEMS A. The Contractor shall administer and maintain the following as part of the ordinary course of business, and not directly billable as labor hours.

1. As part of the normal record keeping, cost tracking and invoicing system, a comprehensive status, deliverable, and cost tracking mechanism or system capable of tracking each Task Order and each project and subproject assigned to a Task Order. The tracking system shall be made available to the DOI Contract Officer, and the COR.

2. A comprehensive methodology that is consistent with DOI policies for expeditiously providing conflict management assistance and alternative dispute resolution services through CMPs including but not limited to facilitators, mediators, public participation experts, trainers, organizational development experts, and system design experts, as appropriate to meet the needs of DOI and other agencies.

3. A system for contract administration/program administration, evaluation, oversight, and quality assurance for services performed under each task to ensure DOI receives the highest quality of service at all times, consistent with DOI policies.. The system(s) shall be available to the CO and the COR. The system shall also maintain other data needed for CADR internal and external reporting such as, but not limited to, description of case/project, statutes, goal and venue of project, policy context for the case/project, level of agreement reached (where applicable), type of CM process, identity of neutral and agency contacts, sponsoring offices and whether other federal agencies were participating.

4. A pool of well qualified CMPs.

B. The contract administrator/program administrator’s primary responsibilities should include:

1. Contact with DOI contracting and program staff,

2. Assisting DOI in the selection and oversight of CM providers for individual Task Orders (this will require substantive knowledge of the practice of conflict management as well as expertise in managing the administrative aspects of processes),

3. Oversight of tracking, invoicing, and quality control evaluative aspects of the contract.

4. Managing, overseeing, and developing a pool of well-qualified CMPs.

C. The Contractor shall have a rate schedule in place for the following labor categories:

1. Senior CMP: Someone who has at least 11 years of experience mediating or facilitating public policy-related processes or environmental, natural resource, or tribal-related conflict.

2. Mid-Level CMP: Someone who has at least 8 years of experience mediating or facilitating public policy-related processes or environmental, natural resource, or tribal-related conflict.

3. Junior-Level CMP: Someone who has under 8 years of experience mediating or facilitating public policy-related processes or environmental, natural resource, or tribal-related conflict.

4. Senior Communications Specialist: Someone who has at least 11 years of experience working in the field of graphic arts or communications.

5. Mid-Level Communications Specialist: Someone who has at least 8 years of experience working in the field of graphic arts or communications.

6. Junior Communications Specialist: Someone who has up to 8 years of experience working in the field of graphic arts or communications.

7. Senior Administrative Specialist: Someone who has at least 11 years of experience working in the administration of a governmental or non-governmental organization.

8. Junior Administrative Specialist: Someone who has up to 11 years of experience working in the administration of a governmental or non-governmental organization.

9. Senior Technical Specialist: Someone who has at least 11 years of experience working in the field of Information Technology.

10. Mid-Level Technical Specialist: Someone who has at least 8 years of experience working in the field of Information Technology.

11. Junior Technical Specialist: Someone who has up to 8 years of experience working in the field of Information Technology.

12. Subject Matter Expert 1: Someone who has at least 15 years of experience in a field related to the substance of issues that are the subject of a CM process.

13. Subject Matter Expert 2: Someone who has at least 15 years of experience facilitating complex public policy-related meetings and providing training in the field of facilitating public-policy-related meetings.

14. Subject Matter Expert 3: Someone who has at least 20 years of experience in a field related to the substance of issues that are the subject of a facilitated process.

15. Subject Matter Expert 4: Someone who has at least 20 years of experience facilitating complex public policy-related meetings and providing training in the field of facilitating public-policy-related meetings Travel Time Status: One-Half normal hourly rate for compensation for Contractors who are travelling to a destination to perform labor. (This would be awarded at the discretion of the government on a Task Order by Task Order basis).

C.3.2 TASK 2: PROVIDE CONFLICT MANAGEMENT PROGRAM SERVICES FOR CONFLICT MANAGEMENT AND PUBLIC PARTICIPATION PROCESSES

The Contractor shall provide expert conflict management services with respect to natural resource, environmental, Native American, and any program areas that affect the DOI mission. The services shall include but not be limited to situation assessments, process and system design, mediation, facilitation, public participation, negotiated rulemaking, planning, or other expert conflict management services such as consultation. Tasks performed by the Contractor include but are not limited to the following.

A. Maintaining a pool of qualified, professional CMPs that can meet the diverse subject matter and geographic requirements of DOI. CMPs providing mediation, facilitation, public participation, or other CM processes shall possess:

1. Experience that qualifies for one of the labor categories noted above.

2. A minimum of 60 hours of training in the professional discipline in which they are to provide the service; and

3. An understanding and knowledge of the relevant laws, regulations and administrative processes associated with conflicts arising over environmental, natural resource, Native American and other substantive issues impacting DOI’s mission.

B. The Contractor shall ensure that the selected CMP:

1. Contacts all participating parties to arrange a mutually acceptable time, place and design for the process, and if the parties are willing, to discuss with them the background of the case.

2. Arranges logistics of meetings, conference calls or electronic communications for participants upon request; this includes scheduling, arranging facilities and equipment, and notifying participants if necessary.

3. Provides the conflict management or public participation services agreed to by the parties, which may include mediation, facilitation, public participation, or other CM services. The services may entail individual phone calls, conference calls, joint session meetings, individual meetings or caucuses, group processes such as team building, workshops or training sessions, or any other process acceptable to the parties.

4. Assists with drafting any agreement document and ensuring that any written agreement is appropriately reviewed pursuant to DOI policy and program requirements.

5. Provides each of the parties to the particular process the appropriate evaluation form and instructions on how to complete and submit the form.

6. Completes the appropriate evaluation questionnaire and/or participate in interviews for evaluation purposes.

7. Provides other conflict management and process support services as deemed appropriate by Technical Directive.

8. Prior to the facilitation and throughout the process, the CMPs shall inquire about whether individual participants have the time, or the financial, and logistical resources necessary to participate effectively in the process and -- where resources are inadequate make necessary adjustments to the process to accommodate resource constraints.

9. The CMP shall assist the participants in identifying the issues that are important to resolving any controversy and solutions that will address the needs shared by the participants.

10. The CMP shall conduct the process to promote active engagement from all participants.

11. The CMP shall explore with the participants appropriate ways to incorporate high quality and relevant information resources necessary to resolve the issues.

12. To support productive dialogue and effective implementation of any agreements reached by the participants, the CMP shall ensure that participants have appropriate authority to make commitments on behalf of their organizations.

C.3.3

TASK 3: TRAINING

The Contractor shall provide training in all areas that relate to external conflict management and public participation, including but not limited to: effective conflict management, public participation, conflict prevention and conflict resolution processes, negotiation skills, consensus building processes, collaborative leadership, communication skills, team building, and other subject matter courses that increase the effectiveness of interactions and negotiations with the goal of building organizational capacity to constructively manage conflicts. The Contractor may be requested to train DOI or other agency personnel so that they may become trainers of the particular subject matter.

Tasks may include, but are not limited to the following.

A. Maintaining a pool of qualified, professional CMPs that can meet the diverse subject matter and geographic requirements of DOI. CMPs providing training services should demonstrate:

1. Experience that qualifies for one of the Labor categories noted in Task One.

2. A minimum of 40 hours of training (as a student) in subjects related to conflict management.

The Contractor shall ensure that the selected CMP:

1. Conducts a needs assessment with DOI or other agency staff that identifies training needs, training objectives, and sources of materials to meet those needs.

2. Designs and/or conducts training seminars or workshops.

3. Produces training materials (manuals, videos, computer-assisted text, etc.).

4. Provides expertise on training delivery and training content.

5. Prepares and presents educational information such as fact sheets, handouts, and other materials in support of training.

6. Handles all logistics of arranging meetings for participants, including scheduling, arranging facilities, notifying participants, and providing advance materials.

7. Prepares summaries for each training session.

8. Conducts a debriefing after each event to discuss lessons learned with DOI officials.

9. Conducts an evaluation of the training or other educational event and makes recommendations for improvement of the training process.

10. Writes report summarizing the training.

TASK 4: CURRICULUM DEVELOPMENT

The Contractor shall ensure that the selected CMP develops and designs curriculum (including, among other things, training manuals, train-the-trainer sessions, and visual aids), for training on conflict management, public participation, or other disciplines related to this contract.

Tasks performed by the Contractor may include, but are not limited to:

A. Maintaining a pool of qualified, professional CMPs that can meet the diverse subject matter and geographic requirements of DOI. CMPs providing curriculum design services should demonstrate:

1. Experience that qualifies for one of the Labor Categories noted in Task One above and

2. A minimum of 40 hours of training in subjects related to conflict management.

TASK 5: DIRECT SUPPORT AND TECHNICAL SUPPORT

Tasks performed by the Contractor may include, but are not limited to:

A. Administrative Assistance:

1. Ancillary to a service provided under this contract, with approval of the DOI COR or designee, obtaining meeting room facilities and the use of appropriate equipment for the meeting.

2. Ancillary to a service provided under this contract, arranging the travel of CMPs or other experts or consultants, as appropriate and when necessary, and in accordance with Federal Travel Regulations.

B. Expert Technical Assistance

Ancillary to a service provided under this contract, providing assistance in locating, retaining, and managing subject matter experts from other fields. Such support shall require the advance approval of the DOI COR. The Contractor may need to consult with parties involved in the matter in identifying the experience, education and skills required of the expert and to further define the scope of the expert’s work.

C. Systems Design

The Contractor may be asked to provide expert assistance to DOI in designing, implementing, and evaluating conflict management systems.

D. Communications Assistance

Tasks performed by the Contractor may include but are not limited to:

Ancillary to a service provided under this contract, assisting DOI or other agencies in implementing efficient and effective communications, information exchange and education processes through teleconference calls, electronic communications, fact sheets, brochures, white papers, and other means of communication.

E. Use of Technology

Tasks performed by the Contractor may include but are not limited to:

Developing, using, and implementing communications technology to carry out the goals of Technical Directives issued under this contract.

F. Document Creation, Editing and Assistance

Tasks Performed by the Contractor may include, but are not limited to:

1. Designing, writing and editing educational materials, including fact sheets, brochures, talking points, checklists, analyses, web site content, and other forms of communication necessary to educate parties about tools for addressing potential or actual conflict situations.

2. Researching technical or process information necessary for the project; including but not limited to: collecting information, conducting analyses, and performing data surveys.

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