Performance Work Statement EEOD.pdf

SECTION C

PERFORMANCE WORK STATEMENT

C.1 INTRODUCTION

1.1. This position is located in the Office of the Chief Executive of the U.S. International Development Finance

Corporation (DFC). This position functions as principal Equal Employment Opportunity (EEO) advisor and consultant to the Corporation Chief Executive Officer, Vice Presidents, and managers and will work with collateral duty EEO points-of-contact in the Corporation.

1.2. The contractor shall provide personal services as a senior officer managing the most complex, sensitive, or precedent-setting EEO matters of the Corporation.

1.3. Work involves providing authoritative advice on all matters related to, and the feasibility and impact of, EEO programs, civil rights, affirmative action programs, plans, policies and decisions. Advises management on their

EEO responsibilities through periodic briefings on key aspects of the program. Identifies and defines systemic barriers to equal employment opportunity.

C.2 MAJOR DUTIES AND RESPONSIBILITIES

2.1. Will function as principal EEO advisor and consultant to the Corporation CEO, Vice Presidents, and managers.

Provides authoritative advice on all matters related to, and the feasibility and impact of, EEO programs, civil rights, affirmative action programs, plans, policies and decisions. Advises management on their EEO responsibilities through periodic briefings on key aspects of the program. Identifies and defines systemic barriers to equal employment opportunity.

2.1.1 Develops and administers policies, plans, and programs to implement Titles VII of the Civil Rights Act of

1964, and related civil rights and anti-discrimination laws.

2.1.2 Analyzes new and/or prospective EEO legislation, decisions of regulatory agencies, and/or court decisions, and recommends minor modification or substantive changes, as appropriate, in agency EEO policies, programs, and procedures.

2.1.3 Administers the discrimination complaints process in compliance with regulatory requirements. Negotiates settlements and reaches resolution of complaint matters at the lowest possible levels. Ensures the work force is cognizant of the procedures for filing of discrimination complaints. Analyzes, monitors, and evaluates to identify problems areas and develops strategies for corrective actions. Conducts formal investigations as directed where management determines that the use of other contracted investigation services is not warranted (e.g., where fact patterns suggest issues of low-complexity and/or a high likelihood of resolution). Ensures that appropriate remedial actions are carried out in cases where discrimination is found.

2.1.4 Monitors the activities of the agency EEO Counselors and provides them advice, technical assistance, and leadership while conducting complaint inquiries. Reviews and evaluates EEO Counselor duties for compliance with regulatory requirements. Provides or makes provisions for Counselor development and job-related training.

2.1.5 Provides logistical support and assistance to investigators, administrative law judges, and legal counselors in processing formal complaints. Conducts formal investigations. Ensures that appropriate remedial actions are carried out in cases where discrimination is found.

2.1.6 Prepares for approval and submission to EEOC the agencies multi-year Affirmative Action Plan (AAP) and annual accomplishment reports. Works closely with the Human Resources Management staff to resolve problems that arise out of employment situations which are directly related to Human Resources Management. Conducts statistical analyses of Human Resources Management elements – recruitment, referrals/selections, promotions/separations, awards/recognition, training, disciplinary/adverse actions, and complaints – to determine whether barriers to equality exist; and whether policies and practices directly or indirectly affect the attainment of affirmative employment objectives.

2.1.7 Provides reports as required by the Equal Employment Opportunity Commission and Office of Personnel

Management.

2.1.8 Attends meetings and conferences at EEOC, OPM, civil rights and community organizations that promote equal employment opportunity for women and minorities.

2.1.9 Assures agency compliance with The Notification and Federal Employee Antidiscrimination and Retaliation

Act of 2002 ("No FEAR Act"), which includes employee notification, training, and completion of necessary reports.

2.1.10 Serves as advisor and consultant for the Disability Program.

2.1.11 Advises /briefs top management officials throughout the agency on difficult problems, which may result in controversial or precedent decision, mandated by law.

2.1.12 As directed by HR Management, supports planning and execution of agency Special Emphasis Programs

(SEP).

C.3 QUALIFICATIONS

3.1. EDUCATION and CERTIFICATION: Baccalaureate degree in Human Resources Management, or Juris

Doctor.

3.2. EXPERIENCE. The PSC shall have a minimum of 5 years of experience in EEO compliance within the last 10 years, and has a resume demonstrating the ability to perform duties and responsibilities in Section C.2.

3.3. PREFERRED EXPERIENCE:

Expert knowledge of concepts, principles, methods, laws, executive orders, regulatory and policies governing

Federal EEO, including relevant judicial and administrative decisions to perform difficult and complex assignments.

Knowledge of Human Resources Management regulations and operations and the interrelationship with EEO programs to identify systemic problems and barriers to equal opportunity.

Ability to analyze and interpret complex regulations, policies, judicial and administrative decisions to develop agency policies, guidelines and procedures.

Ability in fact finding, analysis, problem solving, and expert judgment to determine causes and resolution of equal employment problems.

Knowledge of and skill in negotiation, conciliation, oral and written communication to resolve controversial issues and negotiate policy decisions with agency managers.

Ability to identify systemic barriers to employment and advancement for persons with disabilities and members of protected classes, and to provide adequate corrective recommendations.

The ability to provide oral and written communication for the purpose of developing staff papers, briefings, presentations, training, etc., and to develop and present cogent arguments for the acceptance of controversial points of view.

3.4. OTHER REQUIREMENTS: The contractor shall be a U.S. Citizen and have the ability to obtain and maintain a Public Trust clearance.

C.4 SUPERVISION RECEIVED

4.1 The PSC will be supervised by a Government FTE. The PSC s ha l l work with autonomy, consulting with the supervisor only with respect to negotiating parameters, interpretation of policy matters, and for guidance in dealing with controversial policy and complex EEO issues when required. Completed work is reviewed for adherence to policy, and effectiveness of results. Overall work performance is evaluated in terms of attainment of goals and objectives.

C.5 GUIDELINES

5.1. Guidelines include EEO legislation, regulation, EEOC policy and guidelines , and applicable DFC agency policy and guidelines. Frequently there are no precedents to guide analysis in unusual, novel and sensitive situations. The PSC uses considerable judgment to interpret and adapt existing policies and procedures and to develop new ways to analyze, develop and present information, controversial subjects or novel approaches to EEO compliance.

5.2. The guidelines provide a framework but do not provide details in terms of methods used to accomplish assignments. The PSC shall use initiative and resourcefulness to ensure the most effective and economical management of assigned tasks.

C.6 COMPLEXITY

6.1. The PSC shall have lead responsibility for the most complex, sensitive, or precedent setting EEO-related projects and investigations.

6 . 2 Projects may involve some unusually complex or sensitive issues. Management of projects includes varied duties requiring many different and unrelated processes and methods.

6.3. Assignments are characterized by breadth and intensity of effort and involve several phases being pursued concurrently or sequentially. Decisions/recommendations made in connection with EEO-related projects and investigations are based on analysis of the legal frameworks and fact patterns. The work requires establishing criteria and developing information.

C. 7 SCOPE AND EFFECT

7.1. The purpose of this position is to establish the DFC as a model agency for EEO compliance. The work implements EEOC priorities and requirements, and advances employment equality.

C.8 PERSONAL CONTACTS

8.1. Contacts are with officials of other government agencies, all levels of DFC employees, and outside counsel.

C.9 PURPOSE OF CONTACTS

9.1. The purpose of the contacts is to provide advice, elicit information, and provide authoritative guidance on

EEO-related issues.

C.10 PHYSICAL DEMANDS

10.1. The work is primarily sedentary.

C.11 TRAVEL

11.1 Some domestic travel may be necessary; carrying reports or other paperwork may be required. All PSC travel shall be approved by the COR and PSC’s supervisor and is processed in the E2 system. PSC shall expect to travel less than 10% of the time. The Federal Travel Regulation shall be used to determine special travel pay rates and per diem.

C.11. WORK ENVIRONMENT

11.1.The work is sedentary and typically performed in an office setting.

C.12 HOURS OF PERFORMANCE

12.1. DFC’s core operating hours are from 09:00am to 3:00pm. The PSC shall provide up to 40 hours of service each week, depending on the level of required effort to carry out the functions of the position. PSCs are not eligible for overtime or compensatory time. All PSCs must submit a timecard. Timecards must be approved by the COR, and PSC Supervisor and submitted in the Harvest Timekeeping System for processing. Timecards will be used to monitor the balance of the PSC’s PTO and Floating Hours Earned.

12.2. Telework: PSCs are authorized to telework and must have a Telework Agreement in place. Telework must be approved by the COR and PSC’s supervisor.

12.3. Floating Hours: PSC positions are not covered by the Fair Labor Standards Act and not eligible for overtime pay. PSCs are not eligible for OPM work schedule programs to include credit hours, compensatory time, and travel compensatory time. However, PSCs are eligible for floating hours for time worked over 80 hours in a pay period. The annual accrual of floating hours is not limited. However, no more than 36 hours of unused floating hours will be paid out to the PSC at the end of the option period. Floating hours accrued and used shall be recorded on the timesheet and approved by the PSC supervisor. Only travel during non-work hours can receive floating hours. All floating hours earned must be used by the end of the current option period. Floating hours are paid with current year funds that expire at the end of the option. Therefore, floating hours do not roll over to the next option period. Any unpaid or unused floating hours will be removed from the timesheet at the end of the current option or contract expiration.

12.4. Paid Time Off (PTO): All PSCs receive 15 days, 120 hours, of PTO per year. This time can be used as annual or sick leave and the balance shall be tracked on the PSC’s timecard. All PTO are available for use on the first performance day of the contract. PTO does not roll over and must be used by the end of the current option. Unused PTO will not be paid out at the end of the option period. All PTO requests shall be approved by both the COR and PSC’s supervisor.

12.5. Facility Closure: PSCs are permitted to invoice only for hours worked. Therefore, in the event of facility closure, delayed opening, or early dismissal of DFC staff, the PSC will not be paid for unworked hours. In these situations, the PSC has the option to telework, or use floating hours or PTO.

12.6. Federal Holidays – PSCs are paid for all Federal Holidays as listed below and any additional federal holidays granted by executive order. As PSCs are not authorized overtime or comp time, any hours worked on a federal holiday are added to the timesheet as floating hours earned.

New Year’s Day, January 1st

Martin Luther King's Birthday, 3rd Monday in January

President’s Day, 3rd Monday in February

Memorial Day, Last Monday in May

Independence Day, July 4th

Labor Day, 1st Monday in September

Columbus Day, 2nd Monday in October

Veteran's Day, November 11th

Thanksgiving Day, 4th Thursday in November

Christmas Day, December 25th

C.13 GOVERNMENT FURNISHED PROPERTY/EQUIPMENT

13.1. The Government will provide all necessary equipment, supplies and materials to include workstations, computer, telephone and other materials and equipment to fulfill the requirements of this contract.

C.14 NONSALARY BENEFITS

14.1 Health Insurance and Retirement Subsidies: Per the Build Act, PSCs shall not be considered Federal employees for any provision of law administered by the Director of the Office of Personnel Management

(OPM). Therefore, PSCs are not eligible to participate in employer-provided health insurance or the Federal

Employees Retirement System (FERS). In lieu of these benefits, DFC provides standard non-negotiable health insurance and retirement subsidies.

Health Insurance: this subsidy is based on the average of 72% of the OPM program-wide weighted average of premiums for "self only" and “self plus one” at the time of contract award. This amount is paid directly to the

PSC as part of their salary regardless of their insured status. PSCs do not have to provide proof of insurance to receive this subsidy. This subsidy is fixed and does not increase in option years. The OPM rates can be found at https://www.opm.gov/healthcare-insurance/healthcare/plan-information/premiums/

14.2. Retirement: this subsidy is a percentage equal to the federal employee contribution to OPM FERS at the time of contract award. The subsidy is applied to the PSC’s annual salary inclusive of locality. The percentage of the subsidy does not increase over the contract period of performance. However, the amount of the subsidy increases as the PSC’s annual salary increases according to the contract escalation rate. Current employee contribution rates to FERS can be found at https://www.dm.usda.gov/employ/policy/docs/USDA%20FERS%20Summary%20v2.pdf. Employees hired in

2014 or later contribute 4.4%.

14.3 Metro Subsidy or Parking Subsidy: PSCs are eligible to receive either the metro subsidy or parking subsidy. The amount of the subsidies are subject to annual changes and are processed by Facilities and

Administrative Services, and the Department of Finance. The parking subsidy requires PSCs to authorize a payroll deduction for the reduced parking fee from their pay.

14.4. Gym Membership: PSCs are eligible to receive on-site gym membership subject to the same process as for FTEs. Reimbursement for other gyms is not authorized.

14.5. Training: Mandatory training required by the Government shall be at no additional cost to the contractor.

Both the PSC’s supervisor, the COR, HRM and Budget to approve all PSC training requests. The Government does not pay for PSC attendance at non-mandatory training. However, PSCs may attend optional training on a Space-A basis. Approved non-mandatory training time are billable hours. In the event of resource constraints, FTEs will be given preference for non-mandatory training classes. PSCs are required to take the annual ethics training, whether the training is live or online.

14.6. Performance Incentive: PSCs are eligible to receive annual performance incentive cash awards. The amount of the incentive is determined by the PSC’s supervisor but is no more than the percentage applied when determining the DFC non-SL performance award cap. It is the COR’s responsibility to submit a performance appraisal along with funding to PSC Contracting Officer so that the incentive award can be processed. PSCs contain a performance incentive CLIN that will be funded at the time of the incentive amount determination made by the supervisor.

C.15. DELIVERABLES

No. Deliverable Due

15.1

Briefings to the Chief Executive Officer (CEO) or designee to ensure leadership is notified of progress on contract deliverables, has awareness of evolving OPIC

EEO issues, and is kept updated on the status of EEO actions pre- and post-settlement

Monthly

15.2

EEOC mandated agency policies shall be provided in

Word format. The policies shall be free of spelling and grammatical errors, and shall conform to all EEOC requirements

Within 90 calendar days of contract execution and annually thereafter

No. Deliverable Due

15.3

Statistical analyses of Human Resources Management elements (recruitment, referrals/selections, promotions/separations, awards/recognition, training, disciplinary/adverse actions, and complaints) shall be provided with 30 calendar days of the end of each quarter.

Analyses shall be in Excel format, and shall present numerical data in both tabular and graphic format (e.g., bar charts, pie charts, scatter plots) – to illustrate whether barriers to equality may exist

January 30; April 30;

July 30; October 30

15.4

EEOC mandated reports shall be provided to the COR at least 45 calendar days prior to their EEOC established due date, shall be free of spelling and grammatical errors, and shall conform to all EEOC requirements

45 calendar days prior to EEOC established deadlines

15.5

Plans shall be provided to the COR at least 45 calendar days prior to their EEOC established due date, shall be free of spelling and grammatical errors, and shall conform to all EEOC requirements. The following plans shall be provided: MD-715; Agency Affirmative Action Plan;

Corrective Action Plan

45 days prior to

EEOC established deadlines

15.6

Public Postings and Signage agency policy shall be provided annually in Word format not later than March 31 of each calendar year, shall be free of spelling and grammatical errors, and shall conform to all EEOC requirements

Within 30 calendar days of contract execution and annually thereafter

15.7 Training for DFC Staff on the following topics: NO FEAR

Act; Whistleblower Protection Act; EEO for Supervisors

Within 120 calendar days of contract execution and annually thereafter

15.8 Formal Investigations conducted in accordance with

EEOC requirements

In accordance with

EEOC timeliness standards

15.9

Reports of Investigation shall be provided in Word format, shall be free of spelling and grammatical errors, and shall conform to all EEOC requirements (to include timeliness requirements)

In accordance with

EEOC timeliness standards

15.10 Travel Expense Reports

Within 5 business days of travel completion

C.16. PERFORMANCE REQUIREMENT SUMMARY

16.1. Performance Standards are as follows:

PWS

Paragraph Performance Metric

Performance

Standard

(for each AIA)

Acceptable

Level of

Performance

Surveillance

Method

2.1

Provide expert advice on all matters related to, and the feasibility and impact of, EEO programs, civil rights, affirmative action programs, plans, policies and decisions

Communication is clear and concise.

Communication is understood by all staff.

Review by

COR

2.1.1

Assists with developing and administering policies, plans, and programs to implement Titles VII of the

Civil Rights Act of 1964, and related civil rights and anti-discrimination laws, regulations and

Executive Orders.

Products are complete, clear, concise and grammatically correct.

Timely and error free.

Review by

COR

2.1.7

Provide reports as required by the Equal

Employment Opportunity Commission (EEOC) and

Office of Personnel Management.

Communication is clear, concise and grammatically correct.

Timely, error free, and compliant with publicly available standards published by

EEOC.

Review by

COR

2.1.6

Provide quarterly statistical analyses of Human

Resources Management elements – recruitment, referrals/selections, promotions/separations, awards/recognition, training, disciplinary/adverse actions, and complaints – to determine whether barriers to equality exist; and whether policies, practices, and concepts that directly or indirectly affect the attainment of affirmative employment objectives.

clear and concise.

Communication is understood by all staff.

Review by

COR

2.1.3

Administers the discrimination complaints processing system in compliance with regulatory requirements.

Responses are timely and thorough.

Communication is understood by complainant and responding management official/s.

Review by

COR

2.1.4

Monitors the activities of the agency EEO

Counselors and provides them advice, technical assistance, and activity coordination while conducting complaint inquiries

Communication is clear and concise.

Communication is understood by all agency EEO

Counselors.

Review by

COR

2.1.5

Conducts formal investigations as directed where management determines that the use of other contracted investigation services is not warranted

(e.g., where fact patterns suggest issues of low-complexity and/or a high likelihood of resolution).

clear and concise.

Communication is understood by complainant and responding management official/s.

Review by

COR

2.1.9

Assure agency compliance with the Notification and Federal Employee Antidiscrimination and

Retaliation Act of 2002 ("No FEAR Act"), which includes employee notification, training, and completion of necessary reports or any other training that is required of OPIC

Communication is clear and concise.

Communication is understood by all staff.

Review by

COR

16.2. Methods of Surveillance: Various methods exist to monitor performance. The COR shall use any or several of the surveillance methods listed below in the administration of this contract.

16.2.1. 100% Inspection: Evaluation of all outcomes and deliverables to determine if performance level is acceptable.

16.2.2. Periodic Inspection: Evaluation of some outcomes and deliverables. Services are sampled to determine if performance level is acceptable.

16.2.3. Customer Input: Customer feedback on the quality and timeliness of services provided to determine if performance level is acceptable

16.3. PERFORMANCE RATINGS: The following rating definitions can be used as a guide when completing the Performance Assessment:

16.3.1. Exceptional Performance meets all contractual requirements and exceeds most to the government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with almost no minor problems for which corrective actions were taken by the contractor, and the corrective actions were highly effective.

16.3.2. Very Good Performance meets all contractual requirements and exceeds some to the government’s benefit. The contractual performance element or sub-element being assessed was accomplished with very few minor problems for which corrective actions taken by the contractor were highly effective.

16.3.3 Satisfactory Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

16.3.4. Below Satisfactory Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented.

16.3.5. Poor Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains serious problem(s) for which the contractor’s corrective actions appear or were ineffective.