Attachment 1 - Statement of Work 20240315.docx

STATEMENT OF WORK

FOR OFFICE OF EQUAL EMPLOYEMENT OPPORTUNITY (EEO) INVESTIGATIVE SERVICES

1.0 BACKGROUND

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Office of Equal Employment Opportunity (OEEO) is required to ensure that discrimination complaints are processed fairly, impartially, promptly, and thoroughly and in strict compliance with Equal Employment Opportunity Commission (EEOC) regulation 29 C.F.R. Part 1614 and EEOC Management Directive 110.

ATF is required to complete all investigations within 180 days of filing a formal complaint (as described more fully in MD-110, Chapter 6 Section IV.D).

1.3.2.1 Contractor personnel shall not report to Government facilities to work nor remain at the work locations during Federal holidays, weekends, or any time the Government is unexpectedly required to close their offices.

1.3.2.2 The Contractor will not be compensated for these Government closures. The Contractor is responsible for applicable notifications to the COR during times of closure.

1.3.2.3 In the event an emergency is declared for ATF Headquarters or the District of Columbia metropolitan area, implementation of an alternate work schedule, including telework at an alternate location, may be required to ensure services can be provided under this contract; hours not to exceed a 40-hours a work week. The COR will make notifications to the appropriate to the Contractor. A modified work schedule shall be adopted for the duration of the declared emergency and the Contractor shall comply with the provisions of that alternate work schedule.

1.3.2.4 The contractor is responsible for ensuring adequate coverage is provided to ensure all tasks are accomplished to meet ATF’s mission. The contractor must consider ATF case workload and priorities, servicing customers and eeo investigators throughout the nation. Failure to meet necessary availability may result in termination of the contract.

1.3.5. TYPE OF CONTRACT: ATF will award a firm fixed price task order for this required support.

1.3.6. CLIN STRUCTURE:

CLIN 1 Individual Case with One issue

CLIN 2 individual Case with Additional Issue

CLIN 3 Individual Case with Continuing Violation

CLIN 4 Consolidated Case with One Issue

CLIN 5 Consolidated Case with Additional Issue

CLIN 6 Consolidate Case with Continuing Violation

CLIN 7 Individual (OPTIONAL)

CLIN 8 Consolidated (OPTIONAL)

1.3.7. SECURITY REQUIREMENTS: Top Secret

2.0 APPLICABLE AUTHORITITES: Authorities applicable to these contracts include, but are not limited to the following:

Title VII of the Civil Rights Act of 1964, as amended Civil Rights Act of 1991, as amended The Government Employee Rights Act of 1991 The Age Discrimination in Employment Act of 1967, as amended The Older Workers’ Benefit Protection Act of 1990 The Rehabilitation Act of 1973, as amended Equal Pay Act of 1963, as amended Americans with Disabilities Act of 1990, as amended The Genetic Information Nondiscrimination Act (GINA) of 2008 The Pregnancy Discrimination Act of 1978 The Pregnant Workers Fairness Act Privacy Act of 1974, as amended The Uniformed Services Employment and Reemployment Rights Act of 1994 Federal Sector Equal Employment Opportunity, as amended (29 C.F.R. Part 1614) Merit Systems Protection Board, as amended (5 C.F.R. Part 1200) EEOC Management Directive (MD) 110 ATF Orders and Briefs (Sexual Harassment, ADR, etc.)

Executive Order 13087

3.0. GENERAL INFORMATION

Background Investigation (BI) Contractors must undergo and receive a favorably adjudicated, Federal background investigation (BI) as determined by the position’s sensitivity designation. The BI is to determine the contractor’s suitability to access ATF information, information technology (IT) systems and/or unescorted access to facilities.

This investigation will be conducted by or under the auspices of the ATF, Personnel Security Division (PSD) and be performed under such standards PSD may establish. If a contractor has a current BI with another agency, PSD will follow reciprocity procedures for security; however, a review to determine the contractor’s compliance with all ATF agency specific requirements will be conducted prior to authorizing access to ATF information, IT systems, and/or unescorted access to facilities.

Failure to adhere to ATF’s conduct and integrity guidelines and/or follow DOJ’s and/or ATF’s agency-specific qualifications may result in immediate disqualification of the contractor. Additionally, failure to complete the required personnel security forms and have a BI favorably adjudicated will result in disqualification. ATF must determine a favorable adjudication of the BI prior to the contractor gaining access to ATF information, IT systems and/or unescorted access to ATF’s facilities.

The Contractor may be authorized access to ATF information, IT systems and/or unescorted access to facilities with an approved temporary eligibility (TE) while awaiting the completion of the full BI. The ATF Contracting Officer’s Representatives may request a TE only after advising and gaining the concurrence of the contractor. Should, at any time, suitability or security issues are developed that cannot be resolved or mitigated, the contractor will no longer be granted continued access to ATF information, IT systems, and/or unescorted access to any ATF facility and will be removed from the contract/task order. (See ATF 04 Clause also).

Case Assignment and Management Each case investigated under this SOW shall be limited to the specific issues accepted by ATF OEEO. While a complainant may add or delete bases for their allegations at any time, any new claims raised by the complainant at the investigative stage shall be referred to ATF OEEO. The accepted claims and incidents relevant to the complaint constitute the scope of the investigation. The Contractor shall not investigate, agree to investigate, or comment on the acceptability of any new claims without written instruction from ATF OEEO. Each investigation shall include a thorough review of the circumstances under which the alleged discrimination occurred, and the Agency and employees involved.

Training Requirements All new EEO Investigators must have completed at least 32 hours of investigative training, at their own expense, before conducting investigations. The Contractor shall ensure that they remain fully qualified to perform the work assigned which includes, but is not limited to, obtaining eight (8) hours of continuing investigator training, at their own expense, every fiscal year. The Contractor shall provide a copy of each investigator’s annual training certificate.

Computation of Time All time periods in this SOW stated in terms of days are calendar days, unless otherwise specified. The first day counted shall be the first business day after receipt of the case assignment or report, as applicable, and the last day of the time period shall be included, unless it falls on a Saturday, Sunday, or Federal holiday, in which case the period shall be extended to the next business day.

4.0. DELIVERABLES

Administrative File The Contractor shall receive an administrative file for each formal complaint to be investigated. The administrative file will contain the following items, where applicable:

a. Authorization to Investigate the Complaint

b. Acceptance Letter or Acceptance and Partial Dismissal Letter

c. Notice of Receipt Letter

d. FORM DOJ-201A Complaint of Discrimination

e. Counselor’s Report

f. Pre-complaint Counseling File

g. Any other documentary evidence collected by the counselor Not all administrative files will contain every item listed above. The list of documents referenced above will be included in the administrative file. The Contractor shall inform ATF OEEO of missing vital documents within three (3) business days of delivery of the administrative file. The ATF OEEO may change the list of documents making up the administrative file to reflect changes in business or regulatory processes.

Investigative Plans Within five (5) calendar days after receipt of the administrative file, develop an investigative plan. This plan shall outline the proposed actions to be taken to initiate the investigation, including affidavit questions for complainant and witnesses. To the extent practicable from a review of the administrative file, the investigative plan shall list the witnesses from whom the Contracted Investigator initially plans to obtain testimony and the method(s) by which the Contractor intends to obtain that testimony (e.g., telephone interview, mailed and/or emailed affidavit, fact-finding conference). The investigative plan shall also list evidence other than testimony (e.g., data or documents) that the Contractor initially intends to request.

ATF OEEO will review and approve or disapprove the plan within seven (7) business days of receipt of the investigative plan for ATF cases. If the plan is not approved, the Contractor shall submit a revised plan within three (3) business days of notification of disapproval. ATF OEEO may make modifications to the plan as necessary and will have final approval of all Investigative Plans.

When ATF OEEO approves the Investigative Plan, the Contractor must include, in the affidavit, the approved questions for the complainant and witnesses.

Investigations Unless otherwise approved by ATF OEEO, the Contractor shall conduct telephonic interviews with the complainant and named responsible management officials prior to requesting the completion of an affidavit, for the purposes of tailoring affidavit questions to each affiant.

The Contractor shall at a minimum:

a. Provide proof of authorization to investigate if requested.

b. Inform witnesses that they have been identified as having information relevant to the complaint.

c. Inform witnesses of their right to representation during the securing of testimony, when applicable.

d. Inform witnesses of their right to present evidence.

e. When taking affidavits through written correspondence, the Contracted Investigator must put the questions on the affidavit forms and provide enough room for the affiant to respond to each question. The Contractor must inform the affiant that the affidavit should contain a narrative response to each question and the statement must be given under oath or affirmation that it is being made under penalty of perjury.

f. Provide the affiant the option to include additional relevant information.

g. If a witness fails to cooperate, immediately advise the witness of the requirement to cooperate in the investigation. If the witness still refuses to cooperate, the Contractor shall contact the ATF OEEO.

h. Questions may be submitted to witnesses in advance of interviews. Evidence from other witnesses must be obtained through affidavits and result in signed sworn statements. Other technical approaches may be used if approved by ATF.

The Contracted Investigator shall gather relevant documentary and statistical information for each investigation as outlined in, but not limited to, EEOC MD 110. To gather relevant documentary and statistical evidence the Contracted Investigator shall:

a. Obtain objective evidence regarding all claims for compensatory damages, e.g., medical records, or any other such documentation that would verify that an injury or harm had occurred, unless the Complainant affirmatively expresses in writing that he or she is not seeking compensatory damages.

b. Review all relevant personnel records and statistical data and make copies as needed for inclusion in the ROI.

c. Ensure that comparator data or evidence is sought and obtained relevant to the issue(s) in the case.

d. Assemble the records/data collected in the format specified by ATF OEEO.

e. The Contractor shall submit request for documents to the ATF OEEO, which will coordinate responses to the document requests.

f. Obtain other evidence as directed by ATF OEEO.

Amendments and Consolidations It is the responsibility of ATF OEEO to determine whether a new incident of alleged discrimination raised by a complainant is part of an existing claim, a new claim that is like or related to an existing claim, or a new claim not like or related to an existing claim. Simultaneously with issuing the notice of amendment required by 29 C.F.R. 1614.106(e), the ATF OEEO will notify the Contracted Investigator how to proceed with the investigation of any existing claims affected by the notice of amendment. Amendments issued prior to ATF OEEO assigning the case to the Contracted Investigator will not extend the timelines.

When the new incident is determined to be a part of an existing claim, the investigation will proceed and the delivery date for the ROI will be provided to the contractor upon delivery of the amended accepted claim(s), except that in no case shall the delivery date of the final ROI extend beyond 120 calendar days after receipt of the original case assignment.

When the new incident is determined to raise a new claim that is like or related to an existing claim, the existing claim must be amended to include the new claim. A new investigative plan related to new claims is required within three (3) calendar days of its receipt of the notice of the amendment. The delivery dates for the draft ROI and final ROI of an amended case will be extended by 45 calendar days when the new investigative plan is approved by ATF OEEO.

A complaint filed by the same person that is not like or related to a previously filed complaint may be consolidated with an existing complaint at the direction of ATF OEEO and in accordance with 29 C.F.R 1614.606. An investigative plan is required for the consolidated claim(s). The delivery dates for the draft ROI and final ROI of a consolidated case will be extended by 45 calendar days.

Draft ROI The Contracted Investigators shall provide one (1) copy of the draft Report of Investigation (ROI) via email to ATF OEEO within 60 calendar days of the approval of the investigative plan. The draft ROI will include the investigative summary and the completed affidavits. ATF OEEO expects the draft ROI to be complete with all the testimony and documentary evidence relevant to the accepted issues.

ATF OEEO will have 15 calendar days to accept, reject, or request modification to the draft ROI. The Contractor shall have 10 calendar days after receipt of ATF OEEO’s comments to incorporate them into the final ROI and return it to ATF OEEO.

Final Report of Investigation For cases that are settled, withdrawn, or dismissed during the investigation, the Contracted Investigator shall provide one (1) complete original hard copy and electronic version of the case file.

Electronic Submissions of the Final ROI The digital complaint file should have the following features:

a. The file should be image over text or run through OCR text recognition such that it is a searchable document.

b. It should contain digital bookmarks identifying key documents, exhibits, sections of the file as specified below.

c. Bookmarks should be labeled in a manner that clearly identifies the key documents (e.g., EEO Counselor’s Report) within each identified section.

d. It should contain a typed summary of the investigation signed and dated by the investigator and contain a discussion and analysis of the evidence.

ROI Content and Format The content and format of the investigative file shall be in accordance with EEOC MD-110 and the specific requirements of ATF OEEO as described herein. ATF OEEO at its discretion may require the Contractor to modify the content and format of the investigative file. Reports shall be assembled using tabs as described below. For incomplete investigations due to settlement, withdrawal, or dismissal (including dismissal due to consolidation of a pending complaint with a case being heard by the EEOC), the report shall include the applicable documents as outlined below. Each report shall be labeled using the complainant’s name and case number (ROI-DOJ-Complainant’s Name- Case Number). Each report shall be identified as either DRAFT or FINAL report.

The Report of Investigation file shall be arranged as follows:

· Title Page

· Index

· List of Affidavits and Exhibits

· Tab “Investigative Summary”

· Tab “Formal Complaint”

· Tab “Counselor’s Report”

· Tab “Notice of Right to File”

· Tab “Claims to be Investigated and Partial Dismissal”

· Tab “Settlement Agreements”

· Tab “Prior Appellate Activity”

· Tab “Affidavits”

· Tab “Affidavit Subtabs (A-E)”

· Tab “Exhibits”

· Tab “Exhibit Subtabs (1-25)”

· Tab “Miscellaneous Documents” Supplemental Investigation If a complaint is remanded from any authority of the EEOC or ATF OEEO for a supplemental investigation, the Contractor shall perform the supplemental investigation. The agency shall specify the delivery date of the supplemental investigation report at time of case assignment. Within five (5) calendar days of receipt of the supplemental investigation report, ATF OEEO shall accept, reject, or request modification(s) to the report. In cases of either rejection or modification, the Contracted Investigator shall make the changes at no additional cost and forward the revised report to ATF OEEO within five (5) calendar days of receipt of the ATF OEEO comments.

If a Complainant, after being provided an opportunity to review the ROI in accordance with Chapter 6, section XI of the EEOC MD-110, notifies ATF OEEO of perceived deficiencies in the investigative file, ATF OEEO shall notify the Contracted Investigator of those perceived deficiencies. The Contracted Investigator shall provide ATF OEEO a brief explanation supporting its agreement or disagreement with the Complainant’s perception of the deficiencies. This explanation must be provided in writing but must be received by ATF OEEO within five (5) calendar days of the date on which the Contracted Investigator received the notice of the perceived deficiencies.

If ATF OEEO requires a supplemental investigation to take corrective action, the Contracted Investigator shall complete the supplemental investigation in accordance with the direction of ATF OEEO.

Request for Extension ATF OEEO may grant an extension if requested at least 10 business days before the due date of a ROI. A request supported by the written agreement of the complainant to extend the time limits of 29 C.F.R. 1614.108(e) may be granted by ATF OEEO if it is received before the due date of the final Report of Investigation. A request supported by the written agreement of the complainant may not extend the investigation period by more than 45 calendar days, and no request for extension may exceed regulatory time limits for investigations.

Delay of Work If the performance of the work is delayed or interrupted by failure of a complainant or witness to complete an affidavit, provide documents, or otherwise act within a reasonable time, the Contracted Investigator shall notify ATF OEEO immediately. The Contracted Investigator will continue to investigate the complaint, unless ATF OEEO instructs the Contracted Investigator to suspend the investigation, in which case the delivery date will be extended one day for each day of the suspension of the investigation. If an investigation is not suspended and the evidence is not provided prior to the delivery date, the Contracted Investigator must obtain written approval from ATF OEEO to submit the ROI without the relevant evidence and include an Investigator’s Note with supporting documentation in the Investigative Summary.

If evidence is received by the Contracted Investigator from the Complainant or other witness so late that it is impracticable for the Contracted Investigator to obtain other relevant evidence by the delivery date (e.g., the Complainant’s affidavit received a few days prior to the delivery date of the ROI identifies new witnesses), the Contracted Investigator will notify ATF OEEO and ATF OEEO will make a determination on whether to extend the delivery date for the ROI or finalize the investigation.

5.0. ADDITIONAL TERMS AND CONDITIONS

Litigation Hold ATF OEEO at its discretion may require the Contracted Investigator, at no extra cost to ATF OEEO, to issue a standard Litigation Hold notice, to any individual, other than complainant, who is requested to furnish an affidavit and also any non-affiant providing documentation for the investigation. Additionally, all affiants, other than the complainant, will be asked to identify any other individuals who may possess information that is potentially relevant to the formal complaint of discrimination. To the extent, these individuals are agency employees, the investigator will provide them with a Litigation Hold notice. The Contracted Investigator shall include the signed Litigation Hold Notice under the Miscellaneous Tab of the ROI, and include an Investigator’s note, if the individuals who are sent Litigation Hold notices do not sign and return them to the investigator prior to the completion of the investigation.

Sanitization of Reports of Investigation The Contracted Investigator shall remove the home address, home telephone number, social security number, and all Personally Identifiable Information (PII) of all witnesses and other individuals (e.g., applicants for a position) from the final reports. The Contracted Investigator shall delete further information from the final report copies if instructed by ATF OEEO.

Accessibility for individuals with Disabilities The Contracted Investigator is responsible for ensuring that, upon request, interviews with witnesses are Section 508 compliant.

Conflict of Interest If, for any reason, ATF or the Contractor determines that the Contractor and/ or an employee of the Contractor faces a potential, perceived conflict of interest, then ATF OEEO shall notify the Contractor or the Contractor shall notify ATF OEEO of the potential, perceived conflict of interest. The Contractor shall then cease all work, reassign the case, or proceed at the discretion of ATF OEEO. Upon ATF OEEO’s direction, the Contractor shall provide a replacement investigator acceptable to ATF OEEO.

Invoices The name of the complainant shall not appear on the invoice, but docket number shall identify the complaint. Payment will not be authorized until the deliverable has been reviewed and accepted as complete.

A complete and accurate invoice will be submitted based upon the negotiated payment schedule included in the final task order award. A proper invoice shall consist of:

Invoices will be submitted to the address specified on the task order.

The Contractor should immediately notify the Contracting Officer (CO) (with a copy to the Contracting Officer's Representative (COR), in writing, when billing has reached 85 percent of the contract's amount (s) or whenever remaining funds are not sufficient to cover anticipated performance through to the contract's expiration date; whichever is sooner. If it is determined that the amount billed is incorrect, the Government may revise the invoice, and the Contractor will be required to submit a revised invoice.

The Contractor shall also send two (2) copies of the invoice to the COR and submit an electronic invoice to: finance.branch@atf.gov. Electronic invoices will serve as the official original. Payment is contingent upon acceptance and approval by the COR. Any questions about payment of invoices will be directed to the COR for the ATF OEEO.