Attachment 1 - Statement of Work REVISED.pdf

STATEMENT OF WORK

FOR

BARRIER ANALYSIS CONSULTING AND TRAINING

1.0 BACKGROUND

Federal Mediation and Conciliation Service (FMCS) is an independent agency of the Federal Government, made up of approximately 200 full-time equivalent employees spread out among 18 offices (including 2 regions) across the U.S. and Headquarters, whose primary responsibility is to promote the development of sound and stable labor-management relationships, prevent or minimize work stoppages by assisting labor and management to settle their disputes through mediation, and advocate collective bargaining, mediation and voluntary arbitration as the preferred process for settling issues between employers and representatives of employees.

With recent Executive Orders (EOs) being issued by the White House, such as EO 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, and EO 14035, Diversity, Equity, Inclusion, and Accessibility (DEIA) in the Federal Workforce, it is crucial that FMCS employees receive barrier analysis training and undergo an objective barrier analysis by professionals with experience in behavioral science and techniques and data analysis and assessment in order to identify any root causes of disparities in equal employment opportunities so that it can take action to remedy the policies, procedures, and practices that lead to such disparities and obtain a model EEO Program as defined in Management Directive-715.

2.0 SCOPE OF WORK

FMCS intends to award a purchase order for consulting and training services to support the FMCS Equal Employment Opportunity office. The contractor shall work directly with FMCS staff, with direct guidance from the Contracting Officer’s Representative (COR), to ensure that a barrier analysis is completed in compliance with Equal Employment Opportunity Commission (EEOC) Management Directive 715 (MD-715) and that the MD-715 Annual Report is successfully completed. In addition, the contractor shall provide barrier analysis training to FMCS’s key stakeholders.

3.0 TASKS

The contractor shall complete the following tasks under this purchase order:

3.1 Barrier Analysis. The contractor shall conduct a barrier analysis in accordance with EEOC MD-715 to identify any root causes of disparities in equal employment opportunities to include, but not be limited, to the following areas:

all phases of the employment life cycle such as sourcing, outreach, recruitment, hiring, employee development and advancement, work-life programs, employee benefits, retention and pay. The analysis shall include a review and analysis of FMCS data, policies, practices and procedures as well as the use of focus groups in order to obtain relevant data. A comprehensive report with barrier and trigger identification, best practices and recommendation is expected upon conclusion of the barrier analysis.

3.2 Management Directive 715 (MD-715) Annual Report. The contractor shall use the findings of the barrier analysis and work with the COR, and other FMCS staff as necessary, to complete the required MD-715 Annual Report.

3.3 Barrier Analysis Training. The contractor shall provide barrier analysis training for six (6) FMCS employees.

4.0 DELIVERABLES

The following deliverables are anticipated for the Base Period:

Task Number

Deliverables Due Date

3.0 Project Schedule Ten (10) days after award

3.1 Bi-weekly status report TBD

3.1 Barrier Analysis Comprehensive Report Draft: 4/15/2022

Final: 4/30/2022

3.2 MD-715 Annual Report Draft: 4/15/2022

Final: 4/30/2022

Additional deliverables may be requested in writing to the contractor by the Contracting Officer or COR, as appropriate.

5.0 PERFORMANCE DETAILS

The Period of Performance (PoP) shall be a base period of 8.5 months from task order award, with two (2) 12-month option periods, which may be exercised at the discretion of the Government.

All work shall be completed remotely in accordance with Government regulations.

6.0 ACCESS TO INFORMATION TECHNOLOGY SYSTEMS

All contractors and contractor personnel shall be subject to the same Federal laws, regulations, standards and FMCS policies as FMCS, and FMCS personnel, regarding information and information systems security. Contractors must follow policies and procedures outlined in FMCS IT Security Program to ensure appropriate security controls are in place.

A contractor shall request logical (technical) and/or physical access to FMCS information and FMCS information systems for employees, subcontractors, and affiliates only to the extent necessary: (1) to perform the services specified in the contract, (2) to perform necessary maintenance functions for electronic storage or transmission media necessary for performance of the contract, and (3) individuals must satisfy the same conditions, requirements and restrictions comparable to FMCS employees in order to access the same type of FMCS information.

7.0 FMCS INFORMATION CUSTODIAL REQUIREMENTS

Information made available to the contractor by FMCS for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the Contracting Officer.

FMCS information shall not be co-mingled with any other data on the contractor’s/subcontractor’s information systems/media storage systems to ensure FMCS requirements related to data protection and media sanitization can be met. FMCS also reserves the right to conduct IT resource inspections to ensure data separation and on-site inspection of information destruction/media sanitization or disposal procedures to ensure they are following FMCS policy requirements.

Prior to termination or completion of this contract, the contractor shall not destroy information received from FMCS or gathered or created by the contractor while performing this contract without prior written approval by the FMCS Contracting Officer. Any data destruction done on behalf of FMCS by a contractor must be done in accordance with National Archives and Records Administration (NARA) requirements.

The contractor shall receive, gather, store, back-up, maintain, use, disclose and dispose of FMCS information only in compliance with the terms of the contract and applicable Federal and FMCS information confidentiality and security laws, regulations, and policies. Applicable Federal information security regulations include all Federal Information Processing Standards (FIPS) and Special Publications (SP) issued by the National Institute of Standards and Technology (NIST). If Federal or FMCS information confidentiality and security laws, regulations and policies become applicable to the FMCS information or information systems after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations, and policies, including FIPS or SP, in the contract.

The contractor shall not make copies of FMCS information except as necessary to perform the terms of the agreement or to preserve electronic information stored on contractor electronic storage media for restoration in case any electronic equipment or data used by the contractor needs to be restored to an operating state.

If FMCS determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for FMCS to terminate the contract for default or terminate for cause under Federal Acquisition Regulation Part 12.

8.0 SECURITY AND CONFIDENTIALITY

All contractors involved in this required who will be working with Personally Identifiable Information (PII) must have a completed background investigation at the Tier 2 moderate risk level (formerly MBI), or higher, with a favorable adjudication. FMCS will verify this information prior to start of the contract.

9.0 PERSONNEL CONFLICTS OF INTEREST

The term "personal conflict of interest" means that a contractor employee assigned to the contract has interests which (i) may diminish his/her capacity to give impartial, technically sound, objective assistance and advice in performing this contract, (ii) may otherwise result in a biased work product under this contract, or (iii) may result in an unfair competitive advantage.

• A contractor employee shall not participate (i.e., recommend, influence, or decide) in any matters that:

• will have a direct and predictable effect on the financial interests of that employee, his/her spouse or minor child, or organization in which he/she serves as officer, director, trustee, general partner, or employee.

• will have a direct and predictable effect on the financial interests of or any person or organization with whom he/she is negotiating or has an arrangement concerning prospective employment.

• may otherwise cause a reasonable person to question his/her impartiality.