sol_2015-fda-1150520a_FBO_OCI_consultation_SOW.doc

STATEMENT OF WORK

Research and Policy Consultative Services

1.0 INTRODUCTION

Professional Services to provide advice, research and policy advice to FDA/ORA/OCI in the areas of employee relations, grievances, personnel misconduct and other matters involving law enforcement personnel issues.

1.1. Background

The FDA, Office of Criminal Investigations (OCI) is responsible for conducting and coordinating agency criminal investigations relating to violations of the Federal Food, Drug, and Cosmetic Act, Federal Anti-Tampering Act, other violations enforced by the FDA and applicable Title 18 offenses. The special agents of the OCI are charged with investigating alleged criminal violations within FDA’s jurisdiction. These violations include counterfeit, unapproved and illegal drugs or medical devices; product substitution; health fraud and health care fraud and application fraud amongst other violations.

The Office of Criminal Investigations has distinctive issues relative to employee relations because of the traditional law enforcement workforce. These distinctive issues have instigated the need for an expert in law enforcement labor relations matters.

1.2 Objective

1.2.1 The purpose of this procurement is to augment FDA/OCI employee relations capabilities by having a contractor with expert knowledge as outlined above, advise on policy issues and deliver employee relations products and services. Services required involve assisting FDA/OCI in developing and amending regulations, policies or other guidance, and supporting management and administrative personnel navigating matters involving employee relations and Title 5, Law Enforcement Availability Pay Act of 1994, Code of Federal Regulations, National Security Clearances and other directives. The contractor must provide services and must possess expertise in employee relations, misconduct investigations, grievance examination and mediation and acquire the expertise needed to expeditiously accomplish the following objectives:

a. Provide research, expert advice, recommendations, and direction in aspects of employee relations for OCI’s law enforcement personnel.

b. Provide consulting services on matters concerning pay, benefits, awards, training and other significant changes in duties or responsibilities inconsistent with employees’ salaries or grade levels.

1.3 Project Scope

This contract shall provide support to FDA/OCI in all phases of employee relations. At a minimum, the contractor shall provide support for the objectives identified in Section 1.2.1.a. and 1.2.1.b. This support shall include:

· Research – Conduct research for the Office of Criminal Investigations about all aspects of conducting criminal investigations to assist in developing policies and procedures. Advise OCI management on the most recent developments regarding the parameters of investigative conduct to assist in determining whether policy changes might be warranted.

· Law Enforcement Issues – Provide advice to management on a variety of employment-related issues affecting law enforcement officers to assist management in setting or revising policies and procedures.

· Training – Provide training to OCI investigators on handling investigations. Topics may include the proper retention of records, searches and surveillance, implications of bias, and common misconduct of OCI employees.

Limitations – The scope of this effort shall not include providing advice on any specific case or matter under investigation, any instance of individual misconduct or any employee grievance. The awardee will be specifically prohibited from doing any work which involves interpreting laws and regulations in order to apply the same to any specific action or actions whether contemplated or in the past, any guidance regarding the legal supportability or defensibility of proposed or past actions, or any legal representation of the agency.

2. DESCRIPTION OF WORK

2.1 Program Planning

The contractor shall provide expertise as required throughout the term of the contract and shall advise, facilitate and assist in a) clarification and identification of roles and responsibilities, b) identification and analysis of resources, and c) development and documentation of process, procedures and arrangements.

2.2 Project Management and Control

The contractor shall provide interim status reports on the accomplishment of various phases of the work and be available to discuss with Office of Crisis Management managers.

3.0 TASK DELIVERABLES

Deliverables

Due Dates

a. Status Reporting:

Status Reporting: Weekly Status Meetings

- to be determined by OCI

b. Invoices monthly on the 1st

c. Written/Oral Assessments, Recommendations

- as needed Criteria for Acceptance of Deliverables FDA/OCI will review contractor deliverables in accordance with specifications and standards stated in the criteria established and any directives issued during the term of this purchase order. OCI Management has the authority to accept or reject deliverables.

The acceptance of deliverables and satisfactory work performance required herein shall be based upon the timeliness, accuracy and suitability of the deliverable. The specific deliverables and schedule for delivery shall be as agreed upon and documented.

Deliverables shall be submitted to OCI Management.

a. The Contractor shall provide a monthly status report that provides information about the current status and the anticipated completion date for each deliverable. The Contractor shall also include information about any unanticipated problems with completion of any deliverable. The Contractor shall attend and participate in weekly status meetings via teleconference with FDA/OCI as determined by the agency.

b. The Contractor shall provide FDA/OCI a written and/or oral assessment regarding the status of any pending deliverable.

c. Contractor teleconferences with FDA/OCI to review and discuss the status of deliverables may involve a variety of field offices and OCI components.

4.0 Period of Performance

Performance Period: Estimated September 29, 2015 to September 28, 2016.

5.0 Location for the Performance of Work

Unless otherwise specified by the Contracting Officer’s Representative (COR), all meetings between contractor and FDA/OCI will be held at FDA’s Headquarters’ location at 7500 Standish Place, Rockville, MD, or at a nearby alternate FDA location. The contractor’s work relative to accomplishing the required tasks may be performed at FDA/OCI’s 7500 Standish Place location or at the contractor’s location of choosing.

The Government does not anticipate any travel for this purchase order.

6.0 Status Reporting

The contractor must provide monthly reports and accounting for the deliverables and any current or anticipated problems with required activities.

7.0 Security and Privacy

Contractor personnel performing work under this contract shall satisfy all requirements for appropriate security eligibility in dealing with access to sensitive information. The Contractor shall be required to undergo a security clearance, conducted by and acceptable to the FDA. Performance of work may require the contractor personnel to have access to and use of data and information which may be considered proprietary to a government agency or Government contractor, or which may otherwise be of such nature that its dissemination or use, other than in performance of a subsequent work statement, would be adverse to the interest of FDA or others. FDA, thereof, owns all proprietary information and all copies. The contractor agrees that contractor personnel must not divulge or release data or information developed or obtained in connection with the performance of the resulting contract, unless made public by FDA, except to authorize FDA personnel or upon written approval of the Contracting Officer’s Representative (COR).

Except as may otherwise be permitted by a data owner, the contractor personnel agrees not to use, disclose or reproduce proprietary data, other than as required in performance of the contract; provided, however, that nothing herein shall be construed as precluding the use of any data independently acquired by the contractor without such limitation. FDA owns all proprietary information and all copies shall be returned to FDA upon completion of the work for which it was obtained or developed.

Due to the sensitive nature of the information involved, all contractor personnel will be required to sign a non-disclosure agreement before data and information otherwise exempt from public disclosure (e.g., Privacy Act or Data Collected under an Assurance of Confidentiality) may be disclosed to them.

8.0 Contractor Conformance with Applicable Laws, Regulations, Policies and Standards

The Contractor shall be responsible for knowledge of and compliance with all applicable federal information technology and information management laws, regulations, policies and standards at the government-wide, HHS and FDA levels. At the government-wide level, these include Office of Management and Budget (OMB), National Institute of Standards and Technology (NIST) and General Accounting Office (GAO). These can be primarily found at or through the Federal CIO Council website at: http://www.cio.gov. HHS documents are found at: http://www.cdc.gov/irmo.

9.0 Past Experience

The contractor must be able to demonstrate past experience directly relevant to the types of work needed. Such experience includes projects performed in the past five years similar in scope to the requirements of this Statement of Work. The quoter must have experience with similar programs and have experience in providing similar deliverables which address the unique needs of a federal law enforcement organization. The quoter must have specific experience in the above objectives and project scope including training of program personnel, for diverse variety of law enforcement organizations and personnel.

10.0 Instruction to Offerors

The Offeror shall submit a resume or curriculum vitae, for personnel proposed who will perform tasks on this purchase order, addressing factors listed below and list all applicable experience.

All quotes will be evaluated based on the following factors:

1. Expertise/Technical (is the most important factor)

a. Labor and Employee Relations Experience and Training

b. Experience dealing with Labor and Employee Relations matters within a law enforcement agency.

c. Experience interacting with government agencies relating to Labor and Employee Relations Law.

d. Experience working with Merit Systems Protection Board (MSPB), Equal Employment Opportunity Commission (EEOC) matters.

2. Past Performance as evidenced by one reference (is slightly less important than Expertise/Technical) who can attest to the extent to which the offer has done the following on a past contract/project:

a. Satisfactorily performed a requirement of this magnitude and complexity for similar or like services.

b. Satisfactorily maintained a viable and stable compliment of trained/qualified staff in performing a requirement of this magnitude and complexity for similar or like services.

c. Performed with a high degree of reliability, flexibility, and responsiveness.

d. Provided timely delivereables and performed to the customer’s satisfaction.

3. Price will be evaluated based on the following labor categories and estimated hours for one year of expert consultative support: Labor hour rates should be fully loaded and include wages, overhead, general and administrative expenses (including copies, faxes, courier services, etc.) for pricing purposes. Offerors should assume a contract start date of September 29, 2015.

Senior consultant/expert 90 hours per year.

11.0 Basis for Award/Evaluation of Offerors

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government.

The following factors shall be used to evaluate offers:

· Expertise/Technical

· Past Performance

· Price

Expertise/Technical is slightly more important than Past Performance. Expertise/Technical and Past Performance, when combined, are significantly more important than Price.