Attachment 1 - Statement of Work.pdf

STATEMENT OF WORK

FOR

INSTRUCTOR ARBITRATION TRAINING

1.0 INTRODUCTION

The purpose of this Statement of Work (SOW) is to obtain instructors to lead courses designed for the Federal Mediation & Conciliation Service’s (FMCS) Institute for Conflict Management

(ICM). FMCS intends to award multiple Blanket Purchase Agreements (BPAs) for the requirements under this SOW. The selected contracted instructor(s) shall provide high quality, interactive, and professional instructional services for the ICM’s labor arbitrator and labor advocate courses as required within this SOW.

2.0 BACKGROUND

FMCS is a small, independent federal agency established in 1947 to promote collective bargaining, to provide workplace dispute resolution and training programs, and to ensure sound and stable labor-management relationships. FMCS employs a small cadre of experienced labor negotiators and dispute resolution experts to mediate workplace disputes and provide relationship development training. FMCS also provides a critical service to the labor-management community by maintaining a roster of highly qualified, independent labor arbitrators, who the parties may jointly select from lists provided by FMCS to arbitrate their contractual disputes.

ICM provides centralized classroom training in mediation, arbitration, negotiations, facilitation, and various conflict management topics. ICM courses draw participants from both labor and management in many industries. Courses are offered at different locations across the United

States. ICM charges enrollees for participation in all the courses.

3.0 OBJECTIVE

ICM is seeking experienced arbitrators to provide high quality, interactive, and professional instructional services for the Institute’s labor arbitrator and labor advocate courses. FMCS has made every effort, consistent with federal procurement requirements, to make this process as simple and straight-forward as possible.

Labor arbitrators must meet strict requirements, as set forth in the Code of Federal Regulations, to be listed on the FMCS roster. See 29 C.F.R. 1404, et seq. Accordingly, FMCS, through

ICM, instituted a series of courses relating to the fundamentals of becoming a labor arbitrator, as well as courses on arbitration advocacy. ICM currently offers a core week-long course called

“Becoming a Labor Arbitrator.” This course is considered essential for those aspiring to become labor arbitrators to develop the experience and acceptability needed to be chosen by the parties to resolve their contractual disputes. In addition, ICM offers other courses including:

Arbitration for Advocates; Arbitration for Advocates (Federal); Evidence and Witness

Examination in Arbitration; and Arbitrating in the Federal Sector. These courses are designed to train labor advocates and to improve arbitration practice in the public and private sectors.

(See Section 5.2 for course descriptions).

4.0 GENERAL REQUIREMENTS

The Contractor shall:

a. Be an active practicing arbitrator;

b. Be a member of the National Academy of Arbitrators or be eligible to become a member;

c. Be able to demonstrate a highly positive status in the arbitration community; and

d. Demonstrate experience and excellence in delivering highly interactive and professional trainings.

5.0 SCOPE OF WORK

5.1 Specific Tasks

The Contractor is required to provide the following duties as associated with each course taught by the instructor:

a. Deliver course materials and topics as appropriate with co-instructor in its entirety

b. Collaborate professionally with other contractors and FMCS staff during pre and/or post-class conferences; course preparation; and course presentation for one or more of the Institute’s labor arbitration courses.

c. Administer, correct, and review student assessment tools (e.g., quizzes, exams, assignments, simulations, and arbitration awards), as required for the program.

d. Return all reusable course materials for which the instructor has responsibility.

e. Meet or discuss with the Training Specialist/Course Manager after the delivery and provide specific recommendations concerning the course, materials, equipment, facilities, etc., as appropriate.

f. Research current issues and prepare items to augment and supplement existing materials with recent lessons learned or late-breaking events in the arbitration community.

g. Coordinate and seek approval for any and all changes to course curriculum.

Coordination and approval must go through the Training Specialist/Course Manager.

5.2 Sample Course Titles, Course Duration and Course Curriculum:

Including, but not limited to, the following

Becoming a Labor Arbitrator (5 Day Course)

This course is geared toward labor-management practitioners with substantial experience in industrial, labor and employment relations who wish to become labor arbitrators.

Topics include:

• The law of arbitration

• Arbitration, practice, scheduling and pre-hearing procedures

• Conducting the hearing, issues framing, witnesses and records

• Evidence

• Award and opinion writing

• Ethics

• FMCS arbitration policies and procedures

• Building a practice

• Application process to the FMCS Roster of Arbitrators

Arbitration for Advocates (3 Day Course)

This course will enhance the arbitration skills of experienced labor relations practitioners --union business agents and stewards, personnel managers and analysts, and attorneys -- for both labor and management. Private and public sector representatives will both benefit.

• Educating the arbitrator prior to hearing

• Opening the case with a winning statement

• Structuring the order of proof

• Proving negotiating history and past practice

• Making and responding to evidentiary objections

• Examining witnesses

• Offering relevant prior precedent

• Relying on external law to strengthen your position

• Seeking and opposing uncommon remedies

• Crafting effective closing arguments and post-hearing briefs

Arbitration for Advocates (Federal) (3 Day Course)

This course is designed specifically for labor practitioners in the Federal sector. This course enhances the arbitration advocacy abilities of experienced labor relations practitioners, union business agents, stewards, personnel managers, analysts, and attorneys -- for both labor and management. A major emphasis of this program will be a review of substantive and procedural case-handling issues, using hypothetical situations in an interactive format.

• Opening the case with a winning statement

• Structuring the order of proof

• Proving negotiating history and past practice

• Making and responding to evidentiary objections

• Examining witnesses

• Remedies in the Federal sector, including the Back-Pay Act

• Post Award Procedures

Evidence and Witness Examination in Arbitration (2 Day Course)

This course offers a special emphasis on evidence and witness examination in labor arbitration expands upon the Institute's basic course on Arbitration for Advocates.

Designed for those who have had some experience in labor arbitration, the course also should be helpful to those advancing to more complex disputes.

• Anticipating problems of proof

• Preparing witnesses for direct examination

• Cross-examining adverse witnesses

• Demonstrating negotiating history and past practice

• Using subpoenas to obtain documents

• Making and responding to objections

• Applying the hearsay rule and its exceptions

• Laying a foundation and introducing exhibits

• Drawing inferences

• Crafting demonstrative evidence

• Referring to prior inconsistent statements

• Qualifying expert testimony

• Refreshing witness recollection

Arbitrating in the Federal Sector (2 Day Course)

Participants will participate in a mock arbitration of a complex case that raises both discipline and contract interpretation issues. The registrants will receive course texts and a specially compiled set of arbitration practice guides.

• Educating the arbitrator prior to hearing

• Opening the case with a winning statement

• Structuring the order of proof

• Proving negotiating history and past practice

• Making and responding to evidentiary objections

• Examining witnesses

• Offering relevant prior precedent

• Relying on external law to strengthen your position

• Seeking and opposing uncommon remedies

6.0 DELIVERABLES

• Witten instructor division of course lesson plan/agenda

• Post-course critiques of final student assignments

• Reimbursement of travel and direct costs

6.1 Acceptance of Deliverables

• All deliverables under this contract will be accepted or rejected in writing by the

COR.

• All deliverables must meet normal professional standards and the requirements set forth with this SOW.

6.2 Deliverable Schedule

Deliverable Due Date Government

POC

Written instructor division of course lesson plan/agenda 30 day prior to date of course

TBD

Post-course critiques upon receipt of the student assignments.

The completed student assignments will be forwarded to the

Contractor by FMCS staff. The Contractor shall make every effort to complete their review and provide written feedback within 30 days of receiving the student assignments.

30 days after receipt of student arbitrator decisions

TBD

Reimbursement of travel and direct costs 45 days after completion of travel

TBD

7.0 PERIOD OF PERFORMANCE

The period of performance for each BPA awarded under this program will be twelve (12) months with four (4) 12-month Option periods. Delivery against BPA Calls may extend beyond the ending period of performance of the BPA; however, no new BPA Calls may be issued once the period of performance has expired. The BPA Contracting Officer shall perform annual reviews of each BPA that is awarded in accordance with FAR 13.303-6.

8.0 COURSE SCHEDULE

ICM courses will be offered on a revolving basis throughout the calendar year.

9.0 PLACE OF PERFORMANCE

The primary place of performance will be at the FMCS Headquarters located at 250 E Street

SW, 7th Floor, Washington, DC 20427. Occasional travel to other sites as specified within each

BPA Call may also be required. Geographic location will vary, and location will be selected within FMCS’s discretion based on, among other things, cost and convenience of the participants.

10.0 HOURS OF OPERATION

Contractors shall generally perform all work between the hours of 0700 and 1700 EST, Monday through Friday (except Federal holidays). However, there may be occasions when Contractors shall be required to work other than normal business hours, including weekends, to fulfill requirements under BPA Calls.

11.0 TRAVEL

Contractor travel shall be required and needed to support BPA Calls. All travel required by the

Government outside the local commuting area(s) will be reimbursed to the Contractor in accordance with the Federal Travel Regulations. The Contractor shall be responsible for obtaining written COR approval (electronic mail is acceptable) for all reimbursable travel in advance of each travel event.

12.0 EXTENT OF OBLIGATION

The Government is obligated only to the extent of executed BPA Calls made under each awarded BPA and shall not be construed as a guarantee by the Government to issue BPA Calls.

13.0 INTELLECTUAL PROPERTY

All contractor developed processes and procedures and other forms of intellectual property developed under this BPA shall be considered Government property.

14.0 GOVERNMENT FURNISHED INFORMATION

FMCS will provide all course material and facilitate all logistical arrangements. FMCS will maintain rights to all materials provided and produced. These materials shall not be reproduced or distributed without the consent of the FMCS’s Contracting Officer.

15.0 GOVERNMENT FURNISHED RESOURCES/EQUIPMENT/PROPERTY

The Government shall furnish all facilities, materials, equipment, supplies and services necessary to fulfill the requirements of each BPA Call.