A23_RFI_15PCRD19N00000001.pdf

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Presolicitation Notice

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* = Required Field FedBizOpps Presolicitation Notice Rev. March 2010

B

OCR Exercise Physiologist

20531

15PCRD19N00000001

01-22-2019

N

Y

541611

Acquisition Management Division DOJ, Office of Justice Programs 810 7th Street, N.W.

Washington, DC 20531

Debashis Nag, Contract Specialist USDOJ Office of Justice Programs 810 7th Street, NW Room 3619 Washington, DC 20531 (202)616-1705 Direct | (202)354-4154 Fax debashis.nag@usdoj.gov

US Department of Justice Office of Justice Programs Bureau of Justice Assistance 810 7th Street, NW Washington, DC

20531

USA

http://ojp.gov

US Department of Justice, Office of Justice Programs debashis.nag@usdoj.gov

U.S. DEPARTMENT OF JUSTICE

OFFICE OF JUSTICE PROGRAMS (OJP)

OFFICE FOR CIVIL RIGHTS (OCR)

EXERCISE PHYSIOLOGIST

This Request for Information (RFI) is being released pursuant to the Federal Acquisition Regulations (FAR) Part 10 Market Research. The information collected through the process is considered to be market research as described by FAR 2.101 and in accordance with FAR 10.002. This is NOT a Request for Proposal (RFP), and nothing shall be construed herein or through the Sources Sought process to commit or obligate the Government to further action. In addition, vendors responding to this RFI shall bear all risks and expenses of any resources used to provide the requested information. The submission of capability information in response to this market survey is purely voluntary.

The Department of Justice (DOJ), the Office of Justice Programs (OJP) is issuing this RFI to identify qualified and responsible small business vendors (e.g., 8(a); Service-Disabled Veteran Owned Small Business;

Historically Underutilized Business Zone (HUBZone) Small Business; Small Disadvantaged Business; Veteran- Owned Small Business, Women-Owned Small Business and Economically Disadvantaged Women-Owned Small Business) having an interest in and possessing the resources and expertise to provide various subject-matter experts, specifically experts skilled in exercise physiology, to conduct reviews of recruitment, hiring, retention, and promotion policies, procedures, and practices of law enforcement agencies and other recipients of federal financial assistances (“recipients”) to determine whether they adversely impact applicants and employees of certain protected classes.

The applicable North American Industry Classification System (NAICS) code assigned to these proposed services is 541611. The anticipated contract type is Labor Hour or Time & Material. The anticipated period of performance is a base year plus two (2) option years commencing March 1, 2019. The anticipated place of performance at a site deemed suitable under mutually agreed-upon terms between the Government and Contractor. It is not anticipated that the work will be performed at the OJP’s offices.

Background:

The Office for Civil Rights’ (OCR) enforcement authority arises from several nondiscrimination statutes and regulations that require recipients to adhere to particular civil rights requirements. The following statutes and regulations prohibit recipients from engaging in certain types of employment discrimination:

The Omnibus Crime Control and Safe Streets Act of 1968, as amended, which prohibits discrimination on the basis of race, color, national origin, religion, or sex in certain OJP- (Office of Justice Programs), OVW- (Office on Violence Against Women), and COPS- (Community Oriented Policing Services) funded programs or activities (42 U.S.C. § 3789d and 28 C.F.R. § 42.201 et seq.);

The Juvenile Justice and Delinquency Prevention Act of 1974, as amended, which prohibits discrimination on the basis of race, color, national origin, religion, or sex in certain OJP-funded programs or activities (42 U.S.C. § 5672(b));

The Violence Against Women Act (VAWA) of 1994, as amended, which prohibits discrimination on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in programs authorized under VAWA (42 U.S.C. § 13925(b)(13));

Section 1407 of the Victims of Crime Act (VOCA) of 1984, as amended, which prohibits discrimination on the basis of race, color, national origin, religion, sex, or disability in VOCA-funded programs or activities (42 U.S.C. § 10604);

Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in OJP-, OVW-, and COPS-funded programs or activities (42 U.S.C. § 2000d and 28 C.F.R.

§ 42.101 et seq.);

Section 504 of the Rehabilitation Act, as amended, which prohibits discrimination on the basis of disability in OJP- and COPS-funded programs or activities (29 U.S.C. § 794 and 28 C.F.R. § 42.501 et seq.);

Title II of the Americans with Disabilities Act of 1990, as it relates to discrimination on the basis of disability in OJP-, OVW-, or COPS-funded programs or activities (42 U.S.C. § 12132 and 28 C.F.R. pt.

35); and

Title IX of the Education Amendments of 1972, as amended, as it relates to discrimination on the basis of sex in OJP-, OVW-, and COPS-funded training or education programs (20 U.S.C. § 1681 and 28 C.F.R. pt.

54).

There is no current incumbent for this task.

Scope:

As part of this initiative, the OCR is in the process of retaining an exercise physiologist consultant. This consultant will assist the OCR in evaluating whether recipients utilize employment policies, procedures, and practices that adversely impact applicants for entry-level sworn officer positions or incumbent sworn personnel based on their race, color, national origin, or sex. In particular, this consultant will (1) review physical fitness assessments for disparate impact; (2) evaluate information about physical fitness assessments; (3) recommend revisions to physical fitness assessments; and (4) present analysis and opinions to the OCR. The expert consultant will also assist the OCR as it prepares written reports to the recipients regarding its analysis of and conclusions regarding the policies, procedures, and practices it reviewed. As part of each OCR review, the expert consultant will also assist the OCR in developing appropriate remedies and monitoring the agencies’ implementation of those measures.

Services:

The OCR anticipates requiring the services of a consultant with expertise in the following areas: exercise physiology. Level of effort is anticipated as up to five (5) reviews per contract year.

Task Area 1:

Review of physical agility/ability testing for disparate impact – For each agency review assigned by the OCR, the Exercise Physiologist Consultant (EPC) will review materials regarding the physical agility/ability tests (PAAT) that each OCR review recipient uses in hiring entry-level sworn personnel. The EPC must be able to identify PAAT events or components that are most likely to result in disparate impact against women and describe these events or components, including the reasons why they result in disparate impact, in a written report.

Task Area 2:

Evaluation of validity studies of PAATs – For each agency review assigned by the OCR, the EPC will evaluate any validation study or analysis that the recipients using the PAAT provide to the OCR and note if the validation study shows that a particular PAAT selection device is job-related and consistent with business necessity. The EPC will outline the findings in a written report.

Task Area 3:

Recommend PAAT revisions - For each agency review assigned by the OCR, the EPC should also be able to identify changes that the recipients should make to their PAAT to ensure that the tests do not adversely impact women. The EPC must be familiar with (1) PAAT standards used by a wide variety of recipients and (2) examples of particular PAAT standards that are demonstrably job-related and consistent with business necessity.

Task Area 4:

Presentation of analysis and findings - For each agency review assigned by the OCR, the EPC will present a summary of his/her analysis and findings via written, oral, or testimonial means to the OCR staff and potentially in administrative proceedings.

Minimum Qualifications

The expert consultant must possess a doctorate in exercise physiology or a related field. The expert consultant must have at least three years’ experience preparing expert reports, affidavits, or declarations that show evidence of mastery of the tasks listed in Section 5, including pertinent aspects of Title VII’s disparate impact standards.

The expert consultant must be familiar with the legal standards that apply to disparate impact claims under Title VII and have experience serving as a retained expert in litigation matters that required him/her to prepare reports, declarations, or affidavits and to defend their analyses and opinions during discovery and at trial or in administrative hearings. The consultant must have prepared a minimum of three declarations, affidavits, or reports in litigation or administrative matters. The expert must provide examples of instances when a court or an administrative agency allowed the expert consultant to serve as an expert and (a) list the area of expertise the court or agency concluded the expert consultant was qualified to address and (b) provide examples of the court or agency’s written decisions evaluating the expert consultant’s knowledge, skills, experience, and training that qualified him/her as an expert witness.

The EPC must have experience in evaluating employers’ reliance on physical fitness assessments to screen for public safety jobs. The EPC must also be familiar with effective strategies to challenge such assessments in employment discrimination litigation. The EPC must be familiar with (1) physical fitness assessments used by recipients providing public safety services and (2) examples of particular physical fitness standards that are demonstrably job-related and consistent with business necessity.

The EPC must have experience in handling confidential data and in taking all necessary steps to protect personally identifiable information from disclosure.

Security

The EPC will perform unclassified work under this task order; however, upon award, all contractor personnel will be required to sign a confidentiality agreement, affirming that the consultant will not divulge any aspect of this award or the efforts required to fulfill the requirements of this award. The expert consultant must protect the confidentiality of any communications, strategies, plans, or data received from or sent to the OCR.

Respondents to this RFI shall provide the following information:

a) Vendor background summary including, contractor name, address, DUNS, point of contact information, email, phone, website address, small business designation, and any GSA schedule number.

b) Tailored capability statements addressing the particulars of this effort, with appropriate documentation supporting claims of organizational and staff capability. If subcontracting or teaming is anticipated in order to deliver technical capability, organizations should address the administrative and management structure of such arrangements.

c) Past Performance - Provide a list of previous contracts where similar services were provided. Provide customer/Government Agency contact information where these services were provided including: contact name and organization, telephone number, and email address.

The Government will evaluate market information to ascertain potential market capacity to provide services consistent in scope described in this notice and otherwise anticipated.

Telephone inquiries will not be accepted or acknowledged, and no feedback or evaluations will be provided to companies regarding their submissions. Interested vendors should monitor a government point of entry site for further information.

Submission Instructions: Interested small business vendors who consider themselves qualified to perform the above-listed services are invited to submit a response to this RFI Notice by Tuesday, January 22, 2019 at 1:00PM EST. All responses under this RFI Notice must be emailed to debashis.nag@usdoj.gov.