4.01a Att.2 SOW RFQ 26Q4020.pdf

STATEMENT OF WORK

U.S. PACIFIC FLEET (USPACFLT)

FORMAL HUMAN RESOURCES TRAINING

PART 1

1. GENERAL INFORMAITON/BACKGROUND

1.1. The U.S. Pacific Fleet Command (PACFLT), Human Resources Office Northwest (HRO NW) consists of approximately 86 civilians. The current staff is over 80% developmental and this training program is critical to the employees receiving the knowledge, skill and ability to perform their work.

Historically, filling positions at the full performance level has proved hard to fill and anticipated that a large portion of the incoming staff will be developmental as well.

1.2. The PACFLT, HRO NW, are committed to providing its personnel with the knowledge, skills, and competencies required to excel in their human resources roles. In support of this goal, the command is seeking a comprehensive training program to equip their HR professionals with the expertise needed to effectively manage the complexities of their HR roles in a dynamic, challenging, and ever-evolving environment. The proposed training program will focus on key areas of Employee and Labor Relations.

This comprehensive training initiative aims to enhance the capabilities of HR personnel, improve operational efficiency, and ultimately contribute to the overall success of PACFLT HRO NW.

1.3. Purpose: The purpose of the effort is to provide comprehensive training for PACFLT HRONW on a variety of Employee and Labor Relations HR topics. Specific training objectives:

ABSENCE, LEAVE ABUSE AND MEDICAL ISSUES WEEK:

• Identify the five elements of discipline and apply them to leave abuse scenarios.

• Remove employees for excessive absence and medical inability to perform. Determine whether to approve leave as a reasonable accommodation.

• Appropriately request medical documentation.

• Effectively manage the issues that arise among mobile and hybrid workers.

ADMINISTRATIVE INVESTIGATOINS (NON-HARASSMENT):

• Identify the characteristics of a legally sufficient administrative investigation.

• Determine potential charges, and related evidence needed, in misconduct investigations.

• Identify all the relevant facts to include in the report of investigation.

ADVANCED MSPB LAW: NAVIGATING COMPLEX ISSUES:

• Utilize employee probationary periods.

• Write effective performance standards.

• Manage up-and-down performance.

MSPB LAW WEEK.

• Differentiate between misconduct and unacceptable performance.

• Avoid common charging mistakes.

• Conduct an effective Douglas factor analysis. Remove an unacceptable performer in 31 days.

Recognize the categories of protected disclosures.

WORKPLACE INVESTIGATIONS WEEK:

• Identify the characteristics of a legally sufficient investigation.

• Determine potential charges, and related evidence needed, in misconduct investigations.

• Differentiate between EEO and non-EEO harassment.

• Determine witness credibility and learn how to handle difficult witnesses.

• Identify all the relevant facts to include in the report of investigation.

2. REFERENCES AND DEFINITIONS

2.1. References

a. Disciplinary Actions, SECNAVINST 12752.1A

b. Labor Management Relations Program, SECNAVINST 127211.2

2.2. Definitions.

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 Contractor.

CONTRACTING OFFICER. See FAR 2.101.

DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

EDUTAINMENT. Is defined, as Educational Entertainment (also referred to by Edutainment) is media designed to Educate through Entertainment. Most often, it includes content intended to teach but has incidental entertainment value. Academia, corporations, governments, and other entities in various countries use it to disseminate information in classrooms and/or television, radio, and other media to influence viewers’ opinions and behaviors have used it.

TECHNICAL POC (TPOC) or GOVERNMENT REPRESENTATIVE. For contracts that do not meet the threshold to require a COR, a Government Representative will be assigned to carry out duties as specified in the contract.

QUALITY ASSURANCE. The Government procedures to verify that services being performed by the

Contractor are performed according to acceptable standards.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

QUALITY CONTROL. All necessary measures taken by the contractor to assure that the quality of an end product or service shall meet contract requirements.

SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the Subcontractor.

WORKDAY. The number of hours per day the contractor provides services in accordance with the contract.

WORKWEEK. Monday through Friday, unless specified otherwise. Training events will not be scheduled on a federal holiday.

3. SCOPE OF WORK

3.1. The Contractor shall provide virtual training services 365 days from the contract award date. The

Government will determine and provide the Contractor with training dates. Direct labor for this task shall be in accordance with this SOW. Training will be conducted during the standard workweek, Monday through Friday, though specific working hours may vary. The training shall be designed to provide information, education, and training for civilian employees in Employee and Labor Relations HR functional areas.

3.2 Training Requirement.

3.2.1. ABSENCE, LEAVE ABUSE AND MEDICAL ISSUES WEEK: Comprehensive training on navigating complex federal leave and medical issues in accordance with current intersecting federal laws and regulations. The training shall deliver an overview of Federal Leave Categories and Processes, instructing on annual leave, sick leave, leave without pay, parental bereavement, and current regulations regarding notice leave. The curriculum must distinguish between discretionary and entitlement leave categories, clearly identifying the statutory limitations of each. Furthermore, the training shall cover leave-related discipline and medical removals. The contractor shall provide participants with the documentation requirements and methodologies necessary to address employee leave abuse and execute the removal of personnel unable to perform their duties due to medical conditions. The course shall also instruct on Reasonable Accommodation (RA) entitlements and processes, providing the analytical tools required to evaluate whether leave, flexible schedules, or alternative work locations serve as effective accommodations. The training must emphasize the correct handling of medical documentation, medical requests, and record confidentiality throughout the pre- and post-employment processes. Specifically, the curriculum shall address: decision-making on RA requests without direct access to medical documentation, authorized collection and routing of medical information, and methodologies for determining if an employee with a medical condition poses a direct threat. Finally, the contractor shall instruct on managing telework and hybrid environments, providing frameworks for establishing and enforcing performance expectations for personnel utilizing remote work as an accommodation.

3.2.2. ADMINISTRATIVE INVESTIGATIONS (NON-HARASSMENT): Comprehensive training for federal administrative investigations that equip personnel with the skills to conduct objective, legally defensible inquiries into misconduct such as fraud, whistleblower reprisal, and resource misuse. This requires a curriculum grounded in federal statutes and employee rights, focusing heavily on structured investigative planning, meticulous evidence collection, and advanced interviewing techniques that incorporate proper administrative warnings like Garrity or Kalkines. Furthermore, investigators must master the "preponderance of the evidence" standard, recognize when to refer escalating cases to law enforcement for parallel proceedings, and synthesize their findings into neutral, well-structured Reports of

Investigation (ROIs) that enable command or adjudicative authorities to make informed disciplinary decisions.

3.2.3. ADVANCED MSPB LAW: NAVIGATING COMPLEX ISSUES: Three-day Advanced MPSB

Law: Navigating Complex Issues is an in-depth, highly interactive virtual training event that will not only meet all those needs but help you reach the top of your game. During Advanced MSPB, participants will move beyond the foundations discussed in MSPB Law Week and dive deep into high-level discussions on effective strategies and techniques for managing disciplinary and performance issues, including those that cross over with EEO. The training takes a deep dive into discipline issues providing effective strategies and techniques for managing disciplinary challenges. The training will discuss the nexus requirement and cover the complex topics, such as comparator employees and alternative discipline. The training will also cover Performance and Probationary Challenges, discussing probationary periods to performance improvement periods, this class will include high-level discussions on performance challenges, including those involving remote employees.

3.2.4. MSPB LAW Week: MSPB Law Week provides an all-encompassing five half-days of training that offers the most effective guidance and up-to-date information available, including OPM’s recent notice leave regulations. The Foundations of Accountability; Adverse Actions; Statutory basis of accountability the Civil Service Reform Act and related statutes and regulations. The training will discuss the five elements of every disciplinary case and the burdens of proof, the critical aspects of penalty selection and defense, and discipline procedures and appeals. Discuss due process and the types of charges, parts of a charge, and how charges are interpreted by the MSPB. The participant will learn all they need to know about charging, including the difficulty of proving the “intent” charge element and alternative options to difficult charges. The training will discuss MSPB and Federal Circuit lead cases in penalty determination.

They will discuss getting “intent” penalties off of “non-intent” charges, proving harsh penalties off of vanilla charges, penalty mitigation, and more. The training will also address how to handle unacceptable performance actions. The training will discuss drafting defensible performance standards, collecting proper documentation, implementing a demonstration period (DP) or Performance Improvement Plan

(PIP), defeating the performance rollercoaster, and the impact of the 2021 Santos v. NASA decision. This training will include training on defending Against Whistleblower Reprisal Claims and other Affirmative

Defenses. MSPB Law Week closes with guidance on the complex issue of whistleblower reprisal complaints. It will also cover the categories of protected disclosures, actions that could constitute retaliation, and the Carr analysis, plus claims of harmful error, reprisal for union activity, and excessive penalty findings.

3.2.5. WORKPLACE INVESTIGATIONS WEEK: This training task will focus on conducting

Administrative Investigations in the Federal workplace with an emphasis on employee misconduct, including workplace harassment. Workplace Investigations Week includes the most up-to-date information on investigation skills, trends, and cases, including OPM’s regulations on investigative leave.

Day one focuses on discussing the substantive basis as to Why investigate? The training will answer that question, as well as provide attendees with an understanding of discipline law, charges of misconduct, and penalty evidence. It will also cover witness rights and union representation. Day two will cover

Harassment Investigations focusing on harassment, both EEO and non-EEO. Reviewing how to investigate allegations of harassment and discuss the latest in discrimination law. Other topics covered include sexual harassment claims, liability in harassment cases, what to charge in harassment cases, gender stereotyping claims, and more. Day three focuses on the functional investigative skills with a review of evidentiary principles, followed by tips and guidelines for preparing for the investigation, plus interviewing strategies and challenges. Day four focuses on assessing witness credibility by considering plausibility, demeanor, omissions, motive, body language, and more. Also covering acquiring other evidence, medical evidence, and rules for being an effective witness. Day five focuses on an in-depth review of how to write an effective report of investigation. Discussing organizing the report, establishing the chronology, as well as report writing style, writing conventions, and more.

3.3 Service Coordination.

3.3.1. Service Coordination. Within 5 business days of the contract award, the contractor shall attend a post award meeting convened by the contracting activity Government Representative. The purpose of this meeting is to review all contract requirements and begin coordination to schedule work. The contractor will provide examples of briefing materials, handouts, and provide any specific audio/visual requirements to support their training. The meeting minutes shall specifically identify any items that may affect the contract terms/conditions/statement of work (SOW) requirements.

3.3.2. The Contractor shall advise the Government of any problems or potential problems affecting their performance as soon as they are identified.

3.3.3. The Government Representative will coordinate as frequently as necessary, typically within 2 months of the date of the training event start date to confirm training schedule and coordinate logistics.

3.3.4. The Government Representative will also meet with the contractor to review the Contractor’s performance following each training event. At these meetings the Government Representative 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.

3.4 Quality Control.

3.4.1. Quality Assurance. The Government Representative shall evaluate the contractor’s performance under this contract by direct observation of the delivered speaker presentation and/or a review of

Government-provided and Contractor-provided feedback forms. This is to ensure that the Contractor has performed in accordance with the performance standards.

3.5 Specific Services.

3.5.1. Keynote speaker/Trainer shall have a working knowledge of the Department of Defense HR laws, regulations, policies, requirements and recent trends and initiatives in the HR topics listed in paragraphs

3.2.1 through 3.2.20 above.

3.5.2. Keynote Speaker/Trainer shall have verifiable and positive references from OPM and DoD services.

3.5.3. Keynote Speaker/Trainer must be able to include interactive dialogue via virtual environment to foster audience participation in the presentation to effectively reach the student.

3.5.4. All training must be presented with the same consistency and quality regardless of the platform, size, or demographic of the audience.

3.5.5 Target audiences need to leave the training with new knowledge and tools that makes them feel their attendance was worth the time away from the office.

3.5.6. Keynote Speaker/Trainer shall provide a mechanism that measures feedback from each training session and report the findings to the Government Representative. An electronic means of providing feedback is strongly preferred. This feedback, if available, will be used in conjunction with the evaluation discussed in paragraph 3.4.1 to determine if any changes are required.

3.6 Keynote Speaker/Trainer Experience Requirements.

3.6.1. The Keynote Speaker/Trainer shall have expertise in the specific HR topic taught.