B08_SOL_140D0423R0012_-_FINAL.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

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Suite 4000 381 Elden Street Acquisition Services Directorate Interior Business Center, AQD

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541990

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02/10/2023 1000 EST

01/26/2023

0000000000Jamie Gregar (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140D0423R0012

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 109 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Herndon VA 20170

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Interior Business Center, AQD

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Herndon VA 20170 Suite 4000 381 Elden Street Acquisition Services Directorate

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EFFECTIVE DATE

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18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

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12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

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Interior Business Center, AQD

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ITEM NO.

The Department of the Interior, Acquisition Services Directorate (AQD), located in Herndon, VA is issuing a Request for Proposal (RFP) to award a commercial, Indefinite Delivery / Indefinite Quantity (IDIQ) contract.

The purpose of Solicitation 140D0423R0012 is to acquire commercial Conflict Management Services for the Department of the Interior's Office of Collaborative Action and Dispute Resolution (DOI-CADR) via a proposed single-award, five-year

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Jamie Gregar

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

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32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

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ITEM NO.

IDIQ contract.

The resultant contract will have a five-year period of performance. Individual requirements will be awarded via funded task orders under this contract. There will be no funding on the parent

IDIQ contract. All respondents must be registered in the System for Award Management (SAM) database at http://www.sam.gov by the closing date/time of the solicitation.

Period of Performance: 07/07/2023 to 07/06/2028

00010 Conflict Management Services - External

Labor

Other Direct Costs (ODCs)

Travel

***See Attachment J-1 Contractor Labor Rates for pricing. Do not enter amounts on the 1449.

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

00020 Guaranteed Minimum $25,000 Project

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

109 2 of

Solicitation – CADR Conflict Management Services - External

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OF

Section B – Services

B.1 Overview

This acquisition is for external collaboration and conflict management services on behalf of the Department of the Interior (DOI), Office of the Secretary, under the Assistant Secretary for Policy, Management and Budget (PMB), Office of Collaborative Action and Dispute Resolution (CADR) by the DOI, Interior Business Center (IBC), Acquisition Services Directorate (AQD).

This requirement provides commercial conflict management services to prevent, manage, and resolve conflicts that arise between DOI and parties that are external to DOI, such as public interest groups, private landowners, commercial interest groups, tribes, and other agencies.

B.2 Anticipated Award Type

(a) This requirement is anticipated to be a non-personal service, single award Indefinite-Delivery /Indefinite-Quantity (IDIQ) contract issued by the DOI, IBC, AQD on behalf of the DOI CADR.

(b) This IDIQ contract type is for a performance-based acquisition to procure commercial conflict management services. The services acquired under this contract are not considered inherently governmental and shall not be performed in any manner to be construed as personal services.

(c) This IDIQ contract only allows for the issuance of orders on a Time-and-Materials (T&M), Labor-Hour (LH), or Firm-Fixed Price (FFP) basis, in accordance with Federal Acquisition Regulation (FAR) 12.207(c)(3).

The Government may issue T&M, LH, or FFP Task Orders (TOs) against the IDIQ contract for severable and non-severable services. Task Orders may only be issued by an AQD Contracting Officer (CO). The Contractor shall perform work under this contract as specified in writing by the CO.

The Government will only be obligated for the guaranteed minimum and items specified in individual TOs. The actual number of hours and labor categories will be negotiated at the TO level.

Task Orders may include Labor, as well as Other Direct Costs (ODCs), and/or Travel; each as separate line items. Task Orders shall not change any terms or conditions of the IDIQ contract.

B.3 Combined Synopsis/Solicitation for Commercial Items

(a) This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in the FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate solicitation will not be issued.

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(b) Solicitation 140D0423R0012 is issued as a Request for Proposal (RFP) utilizing FAR Part 15, Contracting by Negotiation.

(c) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01 (December 2, 2022).

(d) This combined synopsis/solicitation is being issued as a 100% small business set-aside. The North American Industry Classification System (NAICS) code is 541990 – All Other Professional, Scientific, and Technical Services, with a size standard of $19.5 million. The Products and Services Code (PSC) is R499 – Support – Professional, Other.

(e) This RFP includes one (1) five (5) year period of performance and one six (6) month option to extend services IAW FAR 52.217-8.

(f) The description of this requirement can be found in the incorporated Performance Work Statement (PWS).

(g) Final inspection and acceptance of all work performed, reports, and other deliverables will be performed by the Contracting Officer’s Representative (COR).

(h) The provision at FAR 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition and the RFP includes an addendum to the provision.

(i) The provision at FAR 52.212-2, Evaluation – Commercial Items, applies to this acquisition and the RFP includes an addendum to the provision.

(j) Offerors shall submit the provision at FAR 52.212-3, Offeror Representations and Certification – Commercial Items, with its offer. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(k) The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition and a statement regarding any addenda to the clause.

(l) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders – Commercial Items, applies to this acquisition.

(m) This RFP contain additional contract requirements and terms and conditions.

(n) The Defense Priorities and Allocation System (DPAS) is not applicable to this acquisition.

https://www.sam.gov/

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(o) Proposals submitted in response to this RFP shall be received by the date and time stated in this RFP to be considered for award. See submission instructions in this RFP.

(p) The Contracting Officer (CO) for this RFP is Jamie Gregar and can be reached at jamie_gregar@ibc.doi.gov.

B.4 Place of Performance

The specific place of performance will be designated by the Government at the TO level. The Contractor shall have the resources to provide Conflict Management Professionals (CMPs) in all the geographic regions in which the DOI operates. The place of performance may be any one of the 1,900 DOI locations across the United States (U.S.), Puerto Rico, Virgin Islands, U.S.

Territories, and Freely Associated States. The projected geographic distribution of work for this requirement is provided in the table below.

Location % of Total task orders New York, New Jersey, Massachusetts 5% Virginia, North Carolina, South Carolina, Washington DC 5% Georgia, Florida 5% Colorado, Utah, Montana, Wyoming 20% California, Nevada 20% Arizona, New Mexico 20% Oregon, Washington 10% Rest of US 10% Virtual 5%

TOTAL 100%

B.5 Hours of Work

The Government requires ready access to the Contractor’s personnel during normal Government business hours of 9:00 a.m. to 7:00 p.m. ET Monday through Friday, exclusive of Government holidays.

B.6 Government Holidays

The following holidays and situations are normally observed by Government personnel and contractor personnel are not required to work on these days: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, and any other day designated by Federal Statute, Executive Order, and Presidential Proclamation such as Presidential funerals, any other unexpected Government closures, or any kind of administrative leave such as acts of God (i.e. hurricanes, snow storms, tornadoes, etc.).

B.7 Travel and Other Direct Costs mailto:jamie_gregar@ibc.doi.gov

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(a) ODCs and travel are allowable under the IDIQ. The CO will determine the allowability of ODCs IAW the FAR Subpart 31.2 Contracts with Commercial Organizations; Federal Travel Regulations; FAR 31.205-46; and the terms and conditions of this IDIQ contract. All travel may require Government pre-approval utilizing Attachment J-4 Travel Authorization Request Form.

ODCs and travel expenses will be specifically authorized in writing in the TO. Estimated ODC and travel expenses will be reviewed at the time the TO is awarded for allowability, allocability and reasonableness before they are authorized. Actual incurred travel and ODC expenses will be reviewed again at invoice time, and approved expenses will be reimbursed by the Government.

(b) Task Orders issued will identify the specific place(s) of performance. Travel within a 50-mile radius of an identified “place(s) of performance” will not be reimbursed. If travel is required to a location that is over 50 miles one-way from the place of performance, then allowable travel charges may be reimbursed in accordance with FAR 31.205-46. Fee, profit, and general and administrative fees will not be allowable on travel or ODC expenses.

(c) ODCs and travel amounts shall be included in the TO as not to exceed (NTE) amounts.

Travel shall be authorized in writing by the COR or CO in the amount stated in the TO. The CO shall approve all ODCs in advance. The Contractor shall not be reimbursed for ODCs or travel without prior advance written approval. Any shipping is considered an ODC and shall be Free On Board (FOB) Destination. As an ODC, shipping requires prior CO approval.

(d) The Government may compensate travel time at a rate that is 50% of the labor rate of the individual involved in the travel, if it’s pre-authorized in accordance with Attachment J-4 Travel Authorization Request Form. Travel time may be compensated at the discretion of the Government on a TO by TO basis.

B.8 IDIQ Terms and Conditions Flow Down

All terms and conditions of the IDIQ contract will flow down to the individual TOs.

B.9 Labor Rates

(a) The Contractor’s proposed labor rates and labor categories shall be listed in the IDIQ contract under Attachment J-1, Contract Labor Rates. The Contractor shall not exceed the labor rates listed in the IDIQ contract or use different labor categories for TOs. Additional discounts from the IDIQ rates are encouraged and can be provided at the TO level.

(b) Labor rates listed in the IDIQ contract shall reflect fully burdened hourly rates for all labor categories. Fully burdened labor rates are inclusive of profit, fringe benefits, salary, general and administrative (G&A), and indirect costs. In addition, the fully burdened hourly labor rates shall reflect that all services are performed off- site, not at a Government facility.

(c) The Contractor shall only charge the Government for productive direct labor hours, which are defined as those hours expended by Contractor personnel in performing work specified under TOs issued against this IDIQ contract. Productive labor or travel does not include training, sick

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leave, vacation, Government or Contractor holidays, jury duty, military leave, or any other kind of administrative leave including acts of God (i.e., hurricanes, snowstorms, tornadoes, etc.), Presidential funerals, or any other unexpected Government closures.

(d) Labor categories and fully burdened hourly labor rates may be added or changed, as needed, throughout the life of the IDIQ contract by a modification to the IDIQ contract. However, the Government anticipates that all applicable labor categories and rates will be established at the award of the IDIQ contract.

(e) Only an AQD CO can issue, negotiate, and obligate TO’s against the IDIQ. No agreements by the Government to place future orders are stated or implied. Terms and conditions will be stated in each TO. The basic IDIQ contract also contains terms and conditions which flow down to the TOs. In the event of conflict, the terms and conditions of the IDIQ will have priority.

B.10 Minimum Guarantee/Maximum Contract Value

The guaranteed minimum order value is $25,000.00 for the entire five-year period of performance of the contract. The maximum ceiling value of the IDIQ contract is $65,500,000.00.

B.11 Personnel Requirements

The Contractor is responsible for providing personnel with the necessary levels of expertise as stated in the PWS in Section C to support the task activities and requirements in the resultant TO statements of work. Contractor personnel shall be trained, qualified, and certified under the requirements specified in this contract, and be given full knowledge of the requirements of this contract before starting work.

B.12 Contractor Personnel

The Contractor shall be responsible for managing and overseeing the activities of all Contractor personnel as well as subcontractor efforts used in performance of this effort. The Contractor shall provide necessary and sufficient personnel to accomplish all the services within the timeframes specified in this contract. The Contractor’s management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support performed IAW the requirements contained in the PWS and subsequent TOs.

B.13 Contractor Identification

Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees by always wearing a security identification badge while on Government premises.

When Contractor personnel attend meetings, answer phones, and work in other situations where their status is not obvious to third parties, they must identify themselves as such to avoid creating the impression that they are Government employees.

B.14 Non-Personal Services and Inherently Governmental Functions

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(a) Pursuant to FAR 37.1, no personal services shall be performed under this requirement. All work requirements shall flow only from the COR to the Contractor Project Manager. No Contractor employee will be directly supervised by the Government. All individual employee assignments and daily work direction shall be given by the applicable Contractor supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the CO of this communication or action.

(b) Pursuant to FAR 7.5, the Contractor shall not perform any inherently governmental actions under this requirement. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this requirement, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work.

In all communications with other Government Contractors in connection with this requirement, Contractor employees shall state that they have no authority to in any way change this requirement and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the CO for that contract and not carry out the direction until a clarification has been issued by the CO.

(c) The Contractor shall insure that all their employees working on this requirement are informed of this section.

B.15 Service Contract Act and Department of Labor Wage Determinations

The Contractor shall identify any proposed labor categories that are subject to the Service Contract Act (SCA) and ensure they are paid wages equal to or greater than the corresponding prevailing rates from the applicable local wage determination. The labor rates to be paid are based on the location of the work being performed.

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SECTION C – PERFORMANCE WORK STATEMENT

C.1 Information - Overview

C.1.1 Objective and Project Description

The DOI, is the Nation’s principal conservation agency, charged with the mission to “protect and manage the Nation’s natural resources and cultural heritage; provides scientific and other information about those resources; and honors its trust responsibilities or special commitments to American Indians, Alaska Natives, and affiliated Island Communities. Over 70,000 individuals work for DOI and its bureaus in 1,900 locations across the U.S., Puerto Rico, Virgin Islands, U.S. Territories, and Freely Associated States.

The Office of CADR, established in October 2001, and is charged with promoting effective collaboration, conflict management, and appropriate dispute resolution with respect to issues or conflict that are internal to DOI and its bureaus, such as conflict in the workplace, as well as collaboration and conflict between DOI and its bureaus and external parties. Internal conflict falls under the DOI/CADR CORE PLUS program. The CADR office is seeking to contract for services that would allow DOI to better utilize public participation, collaborative problem-solving and alternative dispute resolution processes to prevent, manage, and resolve external conflicts.

With respect to external collaboration and conflict management, the CADR office promotes, coordinates, and facilitates public participation processes, conflict management and dispute resolution tools, and the greater use of consensus-building processes by all bureaus and offices throughout DOI. Consistent with direction from the Office of Management and Budget/ Council on Environmental Quality Environmental Collaboration and Conflict Resolution (ECCR) Policy Memorandum (September 2012), the CADR office requires support to enable DOI bureaus and offices to support its public engagement, collaborative problem-solving and conflict resolution opportunities with respect to environmental, natural resource, cultural resource, Native American, Native Alaskan programs and other program areas that significantly impact DOI’s mission. To fulfill this mission, the Contractor shall provide neutral, consensus-building professionals, facilitators, mediators, trainers, and other conflict management experts.

The Contractor shall provide expert neutral assistance to DOI agencies seeking to engage government and non-government stakeholders and the public in planning, problem-solving, decision-making and conflict resolution processes with respect to environmental, natural resource, cultural resource, Native American and Alaskan Native issues. The expert professional services include convening, situation assessments, conciliation, mediation, facilitation, process and system design, training, conflict management consultation, public participation programs, collaborative problem-solving, consensus-building, joint fact-finding, negotiated rulemaking and dispute resolution processes, with an emphasis on natural resources, cultural resources, environmental, and Native American/ Alaska Native issues, and programs.

The Contractor shall work collaboratively with others and use technology in support of collaboration and public participation projects. The Contractor shall also provide

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communication, technology, and logistical support for projects, when specified. The Contractor shall support small and large-scale projects ranging from the mediation of an individual permittee complaint before the DOI Board of Land Appeals or the Board of Indian Appeals to a complex multi-party, multi-jurisdictional collaborative process, a negotiated rulemaking process, or a national government-to-government consultation process.

The Contractor shall manage a diverse roster of experienced professional service providers in the disciplines described above. The roster of service providers shall have the capacity to assist with relatively routine types of collaboration and dispute resolution, as well as in situations that require adroitness in managing concerns related to identity, culture, community history, and deep-rooted, protracted conflicts.

The Contractor shall respond to COR/CO guidance and technical directives within 5 – 7 business days.

C.1.2 Place of Performance

The Contractor shall have the resources to provide CMPs in all the geographic regions in which DOI operates. That is, the place of performance could be virtual or at a site specified anywhere in the United States, Puerto Rico, Virgin Islands, U.S. Territories, and Freely Associated States.

The projected geographic distribution of work for this requirement is provided in the table below.

Location % of Total TOs

New York, New Jersey, Massachusetts 5% Virginia, North Carolina, South Carolina, Washington DC 5% Georgia, Florida 5% Colorado, Utah, Montana, Wyoming 20% California, Nevada 20% Arizona, New Mexico 20% Oregon, Washington 10% Rest of US 10% Virtual 5%

TOTAL 100%

C.1.3 Task order Workload

AQD issued 257 TOs over the last five years as indicated by the table below. This information is provided for informational purposes only and is not an estimate of the future workload. The future workload is variable and is driven in part by unforeseen issues that result in external conflicts.

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FY2018 FY2019 FY2020 FY2021 FY2022

20 29 63 67 78

C.1.4 Location and Hours of Operation

The Contractor shall maintain an office. DOI expects this office to be staffed during normal working hours by the Contractor’s staff to facilitate regular meetings and conferences between the Contractor and DOI CADR, with the ability to be in the Washington, D.C. area within one business day of notice. The probability of needing to be in the Washington, D.C. area within one business day is unlikely, but there may be situations where it is necessary. The Contractor’s project management and financial staff should work hours compatible with normal work hours in the Eastern Time zone to facilitate contact with the AQD CO, DOI CADR COR and the DOI CADR Technical Liaisons.

C.2 Scope of Work (SOW) for CADR Mediation, Facilitation, and Related Services for Natural and Cultural Resource Conflict Management and Collaborative Processes

C.2.1 Considerations Applicable to Entire Contract

C.2.1.1 As used in this contract, the term CMP refers to mediators, facilitators, public participation experts, trainers, change management experts, curriculum designers, and other experts involved in the field of collaboration, conflict management, and public participation. The DOI CADR COR will be charged with overseeing and providing technical guidance on the day-to-day administration of the contract and TOs.

C.2.1.2 When acting as a neutral third-party in performing any service under this contract, the Contractor shall not take a position on the merits of a case nor decide the appropriate resolution of the conflict for the parties. Additionally, the Contractor shall not take a position on Federal policy or regulations.

C.2.1.3 If at any time the impartiality, credibility, practices, or effectiveness of a CMP becomes unacceptable to the agency acquiring the service or any of the parties involved in a service provided under this contract, upon notification from the AQD CO or DOI CADR COR, the Contractor shall cease all work, and, if deemed appropriate by the AQD CO or the DOI CADR COR, the Contractor shall reassign the service to another CMP acceptable to all parties engaged in the process.

C.2.1.4 The Contractor may be requested to work collaboratively with DOI personnel in performing certain services. This could involve mentoring in-house mediators and facilitators, co-mediation, co-facilitation, co-training, and other activities.

C.2.1.5 The Contractor shall ensure that CMPs serving as neutral third parties under this contract receive information about, and perform in accordance with, the procedural and confidentiality requirements of applicable Federal, state, and court provisions and rules applicable to their service. This includes and is not limited to the following:

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a. Contract Disputes Act of 1978, as amended

b. Executive Order 12988, “Civil Justice Reform” (February 5, 1996)

c. The Administrative Dispute Resolution Act of 1996 (ADR Act), 5 USC 57 et seq.

d. Negotiated Rulemaking Act of 1996

e. Presidential Memorandum, “Designation of Interagency Committee to Facilitate and

Encourage Use of Alternative Means of Dispute Resolution and Negotiated Rulemaking” (May 1, 1998)

f. Alternative Dispute Resolution Act of 1998

g. Environmental Policy and Conflict Resolution Act of 1998 (P.L. 105-156)

h. Environmental Policy and Conflict Resolution Advancement Act of 2003 (P.L. 108-160)

i. Office of Management and Budget/ Council on Environmental Quality “Memorandum on

Environmental Collaboration and Conflict Resolution” (September 7, 2012)

j. September 7, 2021, Office of Management and Budget (OMB), and President’s Council on Environmental Quality (CEQ) revised policy memorandum on environmental collaboration and conflict resolution (ECCR)

k. Federal Advisory Committee Act

l. DOI ADR Confidentiality Policy

m. U.S. Equal Employment Opportunity Commission regulations, 29 CFR Part 1614

n. The Rules for the conduct of ADR promulgated by the Federal District Courts.

C.2.1.6 The Contractor shall abide by the standards of ethical conduct relevant to the field in which it is providing service. These include the standards of practice of the Association for Conflict Resolution, the American Arbitration Association, the Dispute Resolution Section of the American Bar Association and the International Association for Public Participation or the equivalent professional associations. The Contractor shall remove CMPs from projects conducted under this contract if they do not conduct their practice in adherence with the statutory provisions or court rules and ethical codes appropriate to the services that they are providing.

C.2.1.7 The Contractor will be expected to identify from a roster of CMPs the best individual to meet the criteria set out in individual statements of work.

C.2.1.8 Selection of a CMP will require the advance knowledge and consent of the agency acquiring the service. The Contractor shall take this into account in developing procedures to solicit input and to negotiate approval of a conflict resolution service provider.

C.2.1.9 CMPs eligible to work under this contract shall adhere to all relevant Federal Government and DOI policies and guidance.

C.2.1.10 Requirements for services will be developed by the DOI CADR COR in collaboration with the DOI CADR Technical Liaison and the requesting DOI bureau or office.

a. JOINT SCOPING. As requirements are needed for performance under the terms of this contract and subsequent TOs, the CADR COR and/ or CADR Technical Liaison, will notify the Contractor verbally and/or in writing, of the requirement and request the

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Contractor to engage in a joint scoping process with the Government. During this process, the Contractor will review the Government provided draft SOW. The Contractor and Government will work together in refining the draft SOW for the individual project and include projects costs associated with the performance of the requirement. The Contractor and the CADR COR and/ or CADR Technical Liaison will jointly define the labor hours/categories, other direct costs (ODC), and/ or travel to be accomplished along with the required SOW. These scoping details shall be refined and agreed to prior to the issuance of any TO. Costs associated with working through the joint scope shall be incorporated into the subsequent TO within the fully burden rate of the price proposal.

While it is anticipated, it is not guaranteed that a joint scope of a project will result in a TO. The Contractor shall take this possibility into consideration when developing overall costs for the contract.

b. The Contractor shall then prepare a price proposal for accomplishment of the work which shall consist of an itemized listing of all proposed costs. The price proposal should be presented on the Contractor’s letterhead or proprietary format for review and acceptance by the CADR COR and/ or CADR Technical Liaison. Upon the Government’s request, the Contractor must be prepared to provide a detailed breakdown of its proposal to include all pricing documentation to demonstrate that it is fair and reasonable.

C.2.11 The Contractor shall submit all draft significant deliverables to the DOI CADR COR and the DOI CADR Technical Liaison with sufficient time to review prior to submitting as a final deliverable to the requesting DOI bureau or office point(s) of contact. Significant deliverables are defined as the written product that is the focus of a TO or project. This does not include meeting agendas, notes, or summaries.

C.2.12 CMP travel time may be compensated at 50% of the normal hourly rate for CMP’s who are driving more than 50 miles each way from their primary work location or the nearest airport to a destination to perform labor. This would be awarded at the discretion of the IBC AQD CO and/ or DOI CADR COR on a TO by TO basis.

C.3 Specific Tasks

C.3.1 Task 1: Contractor Management Systems

C.3.1.1 The Contractor shall administer and maintain the following as part of the ordinary course of business. The Contractor labor hour should be fully burdened. The labor rate listed shall reflect fully burdened hourly rates for all labor categories. Fully burdened labor rates are inclusive of profit, fringe benefits, salary, general and administrative (G&A), and indirect costs.

C.3.1.2 The Contractor shall, as part of the normal record keeping, have a system (either a spreadsheet or database) for contract administration, to include TO and project status, the tracking of labor, other direct costs and travel funding, the status of deliverables, the scheduling of meetings, and invoicing. The system shall also maintain other data needed for CADR internal and external reporting, such as, but not limited to, project descriptions, the level of agreement reached (where applicable), the type of collaboration and/ or conflict management process, the

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identity of the neutral and agency contacts, sponsoring offices and whether other Federal agencies were participating. The Contractor shall participate in weekly scheduled virtual meetings with the DOI CADR COR to review the status of all active TOs and projects based on this tracking system. The tracking system shall be accessible to the AQD CO, the DOI CADR COR and the DOI CADR Technical Liaisons.

C.3.1.3 The Contractor shall put in place a comprehensive methodology that is consistent with DOI policies for expeditiously providing conflict management assistance and alternative dispute resolution services through CMPs including, but not limited to, mediators, facilitators, public participation experts, trainers, change management experts, curriculum designers, and other experts involved in the field of collaboration, conflict management, and public participation as appropriate to meet the needs of DOI and other agencies. The methodology and tracking of its implementation shall be accessible to the AQD CO, the DOI CADR COR and the DOI CADR Technical Liaisons upon request.

C.3.1.4 The Contractor shall put in place a system (either a spreadsheet or database) for providing evaluation, oversight, and quality assurance for services performed under each TO to ensure DOI always receives the highest quality of service from the prime contractor and the subcontractor(s). This system should be consistent with DOI policies and shall be accessible to the AQD CO, the DOI CADR COR and the DOI CADR Technical Liaisons.

C.3.1.5 The Contractor shall provide, manage, and develop a roster of well-qualified, diverse CMPs. The service providers shall have the capacity to assist with relatively routine types of collaboration and dispute resolution, as well as in situations that require adroitness in managing concerns related to identity, culture, community history, and deep-rooted, protracted conflicts.

This will require substantive knowledge of the practice of conflict management, as well as expertise in managing the administrative aspects of processes. The Contractor shall ensure that all CMP’s have the necessary ongoing training, technology and information needed to perform successfully.

C.3.2 Task 2: Conflict Management Program Services for Conflict Management and Public Participation Processes

The Contractor shall provide expert conflict management services with respect to natural resource, cultural resource, environmental, Native American and/ or Alaska Native, and any program areas that affect the DOI mission. The services shall include, but not be limited to, situation assessments, process and system design, conciliation, mediation, facilitation, public participation, negotiated rulemaking, planning, or other expert conflict management services such as consultation. Tasks performed by the Contractor include, but are not limited to, the following:

C.3.2.1 Maintaining a roster of qualified, diverse CMPs that can meet the varied subject matter and geographic requirements of DOI. CMPs mediators, facilitators, public participation experts, trainers, change management experts, curriculum designers, and other experts involved in the field of collaboration, conflict management, and public participation shall possess:

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a. Experience that qualifies for one of the labor categories listed in section C.3.2.3.

b. A minimum of 60 hours of training in the professional discipline in which they are to provide the service; and

c. An understanding and knowledge of the relevant laws, regulations and administrative processes associated with conflicts arising over environmental, natural/ cultural resource, Native American/ Alaska Native and other substantive issues impacting DOI’s mission.

C.3.2.2 The Contractor shall ensure that the selected CMP:

a. Contacts all participating parties to arrange a mutually acceptable time, place, and design for the process, and if the parties are willing, to discuss with them the background of the case or project.

b. Arranges logistics of meetings, conference calls or electronic communications for participants upon request; this includes scheduling, arranging facilities and equipment, providing virtual meeting platforms, and notifying participants if necessary. Ensures that all logistical arrangements meet DOI and bureau requirements for accessibility.

c. Provides the conflict management or public participation services agreed to by the parties, which may include convening, mediation, facilitation, public participation, or other conflict management services. The services may entail individual phone calls, conference calls, joint session meetings, virtual meetings, individual meetings or caucuses, group processes such as team building, workshops or training sessions, or any other process acceptable to the parties.

d. Assists with drafting any agreement document and ensuring that any written agreement is appropriately reviewed pursuant to DOI policy and program requirements.

e. Provides the appropriate OMB approved evaluation form to each of the parties to the process, along with instructions on how to complete and submit the form. The Contractor shall also put in place a system to follow up with participants on the completion of the form to ensure a 70% response rate per project and/or TO evaluated.

f. Completes the appropriate evaluation questionnaire and/ or participates in interviews for evaluation purposes.

g. Provides other conflict management and process support services as specified in the statement of work.

h. Prior to the facilitation and throughout the process, the CMPs shall inquire about whether individual participants have the time, or the financial, and logistical resources (including any accessibility needs) necessary to participate effectively in the process and where resources are inadequate, make necessary adjustments to the process to accommodate resource constraints.

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i. The CMP shall assist the participants in identifying the issues that are important to resolving any controversy and solutions that will address the needs shared by the participants.

j. The CMP shall conduct the process to promote active engagement from all participants.

k. The CMP shall explore with the participants appropriate ways to incorporate high quality and relevant information resources necessary to resolve the issues.

l. To support productive dialogue and effective implementation of any agreements reached by the participants, the CMP shall ensure that participants have appropriate authority to make commitments on behalf of their organizations.

C.3.2.3 The Contractor shall have a rate schedule in place for the following labor categories:

a. Senior CMP: Someone who has at least 15 years of current experience mediating or facilitating public policy-related processes or environmental, natural/ cultural resource, or tribal-related conflict management and/ or collaboration processes.

b. Senior CMP Mentor: Someone who has at least 15 years of current experience mediating or facilitating public policy related processes or environmental, natural/ cultural resource or tribal-related conflict and is mentoring an Emerging CMP in the pilot program outlined in Task 4 of this PWS. This labor category is specifically for time spent providing one-on-one mentoring to the Emerging CMP that is outside the routine practice of leading a CMP team and its usage would be for a limited number of hours under each TO where an Emerging CMP is a part of the CMP team.

c. Mid-Level CMP: Someone who has at least 8 years of current experience mediating or tribal-related conflict.

d. Mid-Level CMP Mentor: Someone who has at least 8 years of current experience mediating or facilitating public policy related processes or environmental, natural/ cultural resource or tribal-related conflict and is mentoring an Emerging CMP in the pilot program outlined in Task 4 of this PWS. This labor category is specifically for time spent providing one-on-one mentoring to the Emerging CMP that is outside the routine practice of leading a CMP team and its usage would be for a limited number of hours under each TO where an Emerging CMP is a part of the CMP team.

e. Junior-Level CMP: Someone who has under 8 years of current experience mediating or tribal-related conflict management and/ or collaboration processes.

f. Junior-Level CMP – Emerging CMP: Someone who has 0.5-3 years of current experience mediating or facilitating public policy-related processes or environmental, natural/ cultural resource, or tribal-related conflict management and/ or collaboration processes and has

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been identified as an emerging practitioner participating in the pilot program outlined in Task 4 of this PWS.

g. Senior Communications Specialist: Someone who has at least 15 years of current experience working in the field of graphic arts or communications.

h. Mid-Level Communications Specialist: Someone who has at least 8 years of current experience working in the field of graphic arts or communications.

i. Junior Communications Specialist: Someone who has under 8 years of current experience working in the field of graphic arts or communications.

j. Senior Administrative Specialist: Someone who has at least 11 years of current experience working in the administration of a governmental or non-governmental organization.

k. Junior Administrative Specialist: Someone who has under 11 years of current experience working in the administration of a governmental or non-governmental organization.

l. Senior Technical Specialist: Someone who has at least 15 years of current experience working in the field of Information Technology.

m. Mid-Level Technical Specialist: Someone who has at least 11 years of current experience

n. Junior Technical Specialist: Someone who has under 8 years of current experience

o. Subject Matter Expert 1: Someone who has at least 5 years of current experience in a field related to the substantive issues that are the subject of a CM process. The SME1 is a subject matter expert that has specialized experience and education that will consult on a CM process.

p. Subject Matter Expert 2: Someone who has at least 20 years of current experience facilitating complex public policy-related meetings and providing training in the field of facilitating public-policy-related meetings.

C.3.3 Task 3: Training

The Contractor shall develop, design, and deliver content and materials, including training manuals, train-the-trainer sessions, and visual aids, for training on conflict management, public participation, or other knowledge, skills and processes that relate to external conflict management and public participation, including but not limited to: effective conflict management, public participation, stakeholder engagement, conflict prevention and conflict resolution processes, negotiation skills, consensus building processes, collaborative leadership, communication skills, team building, and other subject matter that increases the effectiveness of interactions and negotiations with the goal of building organizational, community, and individual

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capacity to collaborate effectively and constructively manage conflicts. The Contractor may be requested to train DOI or other agency personnel so that they may become trainers of the subject matter. Tasks may include and are not limited to the following:

C.3.3.1 Maintaining a roster of qualified, diverse CMPs that can meet the varied subject matter and geographic requirements of DOI. CMPs providing training services should demonstrate:

a. Experience that qualifies for one of the labor categories noted in Task 2.

b. A minimum of 60 hours of training and or education (as a student) in subjects related to conflict management.

c. Trainers should have a baseline knowledge of instructional design and adult learning principles.

d. All training materials must be 508 compliant.

C.3.3.2 The Contractor shall ensure that the selected CMP:

a. Conducts a needs assessment with DOI or other agency staff that identifies training needs, training objectives, accessibility requirements, and sources of materials to meet those needs.

b. Designs and/ or conducts training seminars or workshops.

c. Produces training materials (manuals, videos, computer-assisted text, etc.).

d. Provides expertise on training delivery and training content designed for experiential learning consistent with adult learning principles.

e. Prepares and presents educational information such as fact sheets, handouts, and other materials in support of training.

f. Handles all logistics of arranging meetings for participants, including scheduling, arranging facilities (including satisfying any accessibility requirements), providing virtual meeting platforms, notifying participants, and providing advance materials.

g. Prepares summaries for each training session.

h. Conducts a debriefing after each event to discuss lessons learned with DOI officials.

i. Conducts an evaluation of the training or other educational event and makes recommendations for improvement of the training process.

j. Writes report summarizing the training.

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C.3.4 Task 4: Design and Manage CMP Emerging Practitioner Pilot Program

The Contractor shall design, implement, and report annual progress on a CMP emerging practitioners pilot program. The goal of this program is to recruit and retain impartial CMPs from traditionally underrepresented communities (defined as “disadvantaged persons” in 13 CFR § 124.103) who can support the diverse mission related needs of DOI. This program is intended to support Executive Order 13985 Advancing Racial Equity and Support for Underserved Communities Through the Federal Government as well as the DOI Equity Action Plan. Upon completion of the program, successful emerging practitioners should be eligible to become a Small Disadvantaged Business (SDAB) if they desire to. Contractor must increase the number of underrepresented practitioners providing impartial facilitation services by 5% over the life of the

IDIQ.

C.3.4.1 The Contractor shall provide mentorship training for CMPs who will be assigned to serve as mentors for emerging practitioners. The training shall include setting goals between the mentor and the emerging practitioner, creating a proper climate for mentoring, developing a trusting relationship, managing expectations, different strategies to promote learning, giving feedback and encouragement, addressing dilemmas, and setting challenges.

C.3.4.2 This program must demonstrate a career development trajectory by assigning a Senior- Level or Mid-Level CMP mentor to work with an emerging practitioner on a minimum of three TOs or projects where the emerging practitioner serves as a neutral third party and is then subsequently assigned as the co-lead CMP on at least two projects. The mentor will seek to build a trusting relationship with their mentee by working with them on setting goals, managing expectations, teaching them different strategies, providing feedback and encouragement, addressing dilemmas, and challenging them a positive way that will result in the mentee reaching their potential as a CMP.

C.3.4.3 Emerging practitioners who successfully complete these steps as a demonstrated CMP will become part of the CMP roster and will be considered for additional projects.

C.3.4.4 This program may also include capacity building of emerging practitioners to ensure their capability to…