Attachment A Ombuds SOW final 7 14 23.docx

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Ombudsman Services
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FHF-23-Q-0099
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This statement of work describes ombudsman services required by the Federal Housing Finance Agency. The agency seeks a vendor to provide reimbursable conflict management and alternative dispute resolution services on an as-needed basis, including facilitated conversations, consultations, coaching, training, and presentations. The period of performance is 12 months from award with four 12-month option periods. Deliverables include ombudsman services provided within 10 days of request via email to adr@fhfa.gov. The contractor must have more than one ombuds available and provide any findings, evaluations or written deliverables electronically in accessible formats marked as controlled unclassified information. All work will be conducted remotely unless in-person attendance such as for training is requested.

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STATEMENT OF WORK (SOW)

Ombuds Services

1.0 BACKGROUND:

The Federal Housing Finance Agency (FHFA) was created by the Housing and Economic Recovery Act of 2008 (HERA) to regulate and supervise Fannie Mae, Freddie Mac, and the 11 Federal Home Loan Banks (jointly, the “regulated entities”). HERA combined three organizations, the Office of Federal Housing Enterprise Oversight, the Federal Housing Finance Board, and a group from the Department of Housing and Urban Development, which collectively had previously regulated these regulated entities. These institutions play critical roles in supporting our nation’s housing finance system. Fannie Mae and Freddie Mac guarantee mortgage-backed securities (MBS) and hold mortgages and MBS for investment. The Federal Home Loan Banks lend money to banks and other financial institutions using mortgages as collateral and invest in mortgage-related assets. In 2008, FHFA placed Fannie Mae and Freddie Mac in conservatorships, where they remain.

2.0 SCOPE:

The Ombuds is an independent neutral who provides confidential and impartial assistance for the informal resolution of concerns raised by FHFA staff. One of two Ombuds team members would be identified as the lead Ombuds for FHFA. The Ombuds would collaborate with the Office of Equal Opportunity and Fairness Harassment Prevention Program (OEOF/HPP) and Alternative Dispute Resolution (OEOF/ADR) program as well as the appropriate members of leadership, and other stakeholder groups in providing an external ombuds program for FHFA. The Ombuds follows the International Ombuds Association (IOA) Standards of Practice and the internal FHFA policies and procedures. Any FHFA employee or manager may access the Ombuds.

3.0 OBJECTIVES:

FHFA requires a vendor to provide reimbursable conflict management/ADR, to include ombuds services, including but not limited to facilitated conversations, consultations, coaching, training, presentations, and conflict management system design. To the extent possible, ombuds services will be provided in accordance with IOA Standards of Practice and Code of Ethics.

The Ombuds listens to the concerns raised, assists FHFA staff in considering the issues from all perspectives, and helps identify options while maintaining confidentiality and impartiality. The only exception to confidentiality is when, in their discretion, there appears to be an imminent threat of serious harm, or the staff member gives the Ombuds permission to share information to assist in the informal resolution of the matter. The Ombuds is not an advocate for any person in FHFA, nor do they represent FHFA. Rather, they support procedural fairness and work to facilitate a resolution that is acceptable to all involved. The Ombuds is a facilitator, not a decision maker. All communications with the Ombuds are considered privileged, and the Ombuds will not mention individual names without express permission of the individual.

4.0 TASKS:

1. The Ombuds shall, upon request, provide reimbursable conflict management/ADR, to include ombuds services, including but not limited to facilitated conversations, consultations, coaching, training, and presentations. To the extent possible, ombuds services will be provided in accordance with International Ombuds Association (IOA) Standards of Practice and Code of Ethics.

2. If a climate assessment is conducted, all notes, drafts, (and if applicable, final work product), regarding the climate assessment will be returned to FHFA to be disposed of in accordance with FHFA Records and Information Management Policy 207. If a final work product is provided to FHFA, it must no longer be maintained in the contractors’ records.

3. When mediations are requested, the completed FHFA referral intake form will be sent to the vendor. When mediation services are provided, the Ombuds will schedule mediations within ten (10) calendar days of the request at a mutually agreeable time / date for the parties and mediator(s) involved.

4. To prevent a lapse in service, the contracting company must have more than one ombuds available to render services.

5.0 DELIVERABLES:

· When the contractor must deliver: The Contractor must deliver services within ten calendar (10) days of request.

· Where the contractor must deliver: The Contractor will communicate with the Agency via the following email address: adr@fhfa.gov.

· What documentation, if any, the contractor must obtain from the government to verify government receipt of the delivery: The Contractor will communicate any findings and evaluations to adr@fhfa.gov with a read and delivery receipt. Receipt of these will constitute delivery confirmation.

For any written deliverables, FHFA will provide notification of acceptance or rejection within ten calendar (10) days from receipt. If rejected, FHFA will provide details regarding the basis of rejection. In no way does FHFA waive its rights under any other inspection clause elsewhere within the contract.

In addition, for any written deliverables, the contractor must ensure they are in an electronic format (e-documents)—either in a Microsoft Office product format (Word/ PowerPoint/ Project/ Excel) or an Adobe Acrobat PDF format and are in compliance pursuant to Section 508 of the Rehabilitation Act of 1973, as amended (29 USC 794d), and its implementing standards and guidelines (36 CFR Part 1194).

All written deliverables must be marked as Controlled Unclassified Information (CUI) in accordance with FHFA’s CUI Policy and CUI Procedures. If you do not have access to FHFA’s CUI Policy and Procedures via FHFA’s intranet, you must request a copy from the Contracting Officer’s Representative. Generally, CUI markings require that a document 1) be marked with the word “CONTROLLED”, centered at the top of the document, and 2) include identification of FHFA as the designating agency on the first page of the document. Examples of an agency designation include having the Agency logo or Agency letterhead on the first page or placing “Controlled by FHFA” in the center of the footer of the first page.

6.0 INFORMATION SECURITY

The Contractor shall conduct all work, store all electronic documents, and send all electronic communications using an FHFA-provided secure document management system (i.e., Kiteworks). The Contractor shall not store electronic documents related to this contract on its own information network. See FHFA specialty clause 6.208e, FHFA-Provided Secure Document Management System.

In accordance with FHFA specialty clause 6.205, Nondisclosure of Controlled Unclassified Information, including FHFA Non-Public Information, all incidents (e.g., privacy breach) that involve FHFA CUI must be reported within one hour of becoming aware of the incident to the FHFA Help Desk at HelpDesk@fhfa.gov or (202) 649-3990 between 7:00 a.m. – 7:00 p.m. ET. Incidents outside of these hours, during unscheduled office closures, on weekends, or on holidays must be reported to the Help Desk via telephone. The Contractor shall then notify FHFA's CO and COR.

7.0 GOVERNMENT-FURNISHED PROPERTY:

The Contractor will not be provided any Government-furnished property (GFP) to perform this task order.

8.0 INFORMATION COMMUNICATION TECHNOLOGY (ICT) ACCESSIBILITY (Sec 508)

This section should identify specific technical and functional standards that must be met for any IT or ICT to ensure access for an individual with a disability is comparable to that of individuals without a disability. Individuals with a disability may use special software or equipment such as screen readers, magnifiers, etc. that enable them to communicate with ICT that meets Section 508 standards. In contrast, if a vendor fails to develop its ICT product to meet Section 508 standards, the tools used by individuals with disabilities will most likely fail to work. The following are examples of applicable ICT:

· Development of software, a website, a video, kiosk, etc.;

· Support Services that result in the preparation of e-documents such as reports, analyses, instructions, training, etc.;

· Web-based services such a news, economic data, legal research, etc.;

· Commercially available off-the-shelf (COTS) software; and

· Cloud computing services such as software as a service (SaaS), etc.

Please contact the OTIM Section 508 Program (james.myers@fhfa.gov, or stuart.levy@fhfa.gov in his absence) to customize language for this section, discuss any considerations for exception approvals, and to answer questions that you may have.

9.0 PLACE OF PERFORMANCE:

All required services shall be completed remotely (i.e., telephonic, email, video conferencing, etc.) unless specifically asked to be in person such as training. Reimbursement of travel costs will be provided if the Ombuds are asked to travel on behalf of FHFA.

10.0 PERIOD OF PERFORMANCE:

The period of performance for this contract is for 12 months from the date of award with the option to extend the services four, 12-month option periods, if exercised.

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