B08 - W912EQ20Q0043 Synopsis Solicitation.pdf

This is a combined synopsis/solicitation for commercial services/supplies prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The U.S. Army Corps of Engineers, Memphis District has a requirement for Labor Relation Services as defined in the Performance Work Statement (PWS). Place of performance may include occasional visits to the MVM District Offices in the Odell-Horton Federal Building, 167 North Main Street, Memphis, Tennessee and the Ensley Engineering Yard, 2915 Riverport Rd Memphis, Tennessee, and remote locations, such as the field units during revetment and/or dredging season. Due to COVID, we will likely have the ability to conduct this virtually. Full Details are provided below in the PWS.

The solicitation number is W912EQ-20-Q-0043 and is being issued as a Request for Quote (RFQ).

This is a Woman-Owned Small Business Set-Aside Procurement. The associated NAICS code is 541612 with a size standard of $16,500,000.00. All responsible sources may submit a quote, which shall be considered by the agency. Response to this combined synopsis/solicitation must be received via email, by September 17, 2020, no later than 10:00 A.M., Central Standard Time. Proposal should be marked with solicitation number W912EQ-20-Q-0043 addressed to Valerie Marshall, Phone

(901) 544-3619, email: Valerie.Marshall@usace.army.mil. Vendors not registered in System for Award Management Registration (SAM) database prior to award will not be eligible for award.

Vendors may register for SAM by registering online at www.betaSam.gov or by calling 1-866-606- 8220. Regardless of method of delivery, it is the offeror’s responsibility to ensure receipt of quote by the time and date stated herein. Contractor shall submit all documents required to be considered for this opportunity. See Section entitled Notice to Offeror.

mailto:Valerie.Marshall@usace.army.mil http://www.betasam.gov/

NOTICE TO VEDORS

A. The following documentation must be submitted with your quote for evaluation.

1. Include your signature, name, title, date, include prompt payment terms, remittance address, Tax Identification Number, DUNS number, and Cage Code.

2. Bid Schedule of prices

3. All amendments must be acknowledged

4. Review and submit the required information from FAR clauses 52.212-2 in the solicitation.

5. Past Performance Questionnaire

B. Vendor Address - Prospective Vendors should indicate in the quote, the address to which payment and/or correspondence should be mailed, if such address is different from that shown for the bidder on Standard Form 33 Block 15a.

C. System for Award Management - By submission of a quote, the Vendor acknowledges the requirement that prospective awardees must be registered in the System for Award Management (SAM) database prior to award, during performance, and through final payment of any contract resulting from this quote. Lack of registration in the SAM database will make a Vendor ineligible for award. Contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227-2423, or at: http://www.betaSam.gov.

D. Basis of Award – Contractor must comply with the following FAR Clause 19.1503 Status:

(a) Status as an EDWOSB concern or WOSB concern eligible under the WOSB Program is determined in accordance with 13 CFR part 127.

(b) The contracting officer shall verify that the offeror—

(1) Is registered in the System for Award Management (SAM);

(2) Is self-certified as an EDWOSB or WOSB concern in SAM; and

(3) Has submitted documents verifying its eligibility at the time of initial quote to the WOSB

Program Repository, https://certify.sba.gov. The contract shall not be awarded until all required documents are received.

(c) (1) An EDWOSB concern or WOSB concern eligible under the WOSB Program that has been certified by a SBA approved third party certifier, (which includes SBA certification under the 8(a) Program), must provide the following eligibility requirement documents-

(i) The third-party certification;

(ii) SBA’s WOSB Program Certification form (SBA Form 2413 for WOSB concerns eligible under the WOSB Program and SBA Form 2414 for EDWOSB concerns); and

(iii) The joint venture agreement, if applicable.

http://www.betasam.gov/ https://certify.sba.gov/

The Government will award (1) Firm Fixed Price Contract from this solicitation to the responsible Vendor whose quote conforming to the solicitation will be most advantageous to the Government based on Technical Capability, Past Performance, and Price. See Performance Work Statement, and Evaluation Criteria specified in FAR 52.212-2 of this solicitation.

A rating of Acceptable or Unacceptable will be assigned to quotes.

TECHNICAL RATING:

Acceptable: Submittal clearly meets the minimum requirements of the solicitation.

Unacceptable: Submittal does not clearly meet the minimum requirements of the solicitation.

PAST PERFORMANCE RATING:

Acceptable: Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable: Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform.

Past Performance evaluations will be based on the following:

(A) The contracting officer’s knowledge of and previous experience with the supply and/or service being acquired;

(B) Customer surveys, and past performance questionnaire replies;

(C) The Government wide Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov; or

(D) Any other reasonable basis.

PRICE:

Quotes will be examined to determine the extent to which proposed prices are comparable with the

Government estimates, and previous procurement history and a determination made of Price Reasonableness. The Government may reject any quote that is determined to be Not Fair and Reasonable, unrealistically high or low in price when compared to Government estimates, or are unbalanced, such that the quote is deemed to reflect an inherent lack of competence or failure to comprehend the requirements. All quotes will be evaluated and a determination made of lowest price, from prices presented on the Bidding Schedule, based on the Total of all line items.

E. How to submit questions: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable timely response. Questions must be submitted by email to Valerie.Marshall@usace.army.mil

F. How to submit Quote: To be considered for evaluation, all Contractors shall submit an electronic offer to the following email addresses no later than September 17, 2020 @ 10:00 a.m. CST. Submit an electronic offer to Valerie.Marshall@usace.army.mil. Include “W912EQ-20-Q-0043 Quote for Labor Relations” in the email subject line.

G. Delivery Times – The following delivery times are established for contactors:

0700-4:00pm, M-F (Monday thru Friday) 0700-3:00pm, Friday http://www.ppirs.gov/

No work is performed on Federal holidays.

(UNLESS OTHERWISE INSTRUCTED)

BID SCHEDULE LINE ITEMS

Item # Description Quantity Unit Unit Price Line Total

1 Labor Relation Services 1 Oct 2020 through 31 Mar 2021

6 Months

TOTAL AMOUNT: ___________________

PERFORMANCE WORK STATEMENT

Labor Relations Services

For Memphis District

Contractor shall review the Performance Work Statement (PWS) for full details.

Contractor shall provide supply/material/service to include any combination of the following, in order to fulfill services as indicated in PWS.

This is a request for non-personal services to contract labor relations services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.0 SCOPE OF REQUIREMENT

The U.S. Army Corps of Engineers (USACE), Memphis District (MVM) has a requirement for Labor Relations services in support of the Government’s renegotiation and re-opening of the collective bargaining agreement (CBA) with International Federation of Professional and Technical Engineers (IFPTE) Local 259. Executive Order (E.O.) 13836 mandates that the Department of Defense components re-open the CBAs to address the new requirements outlined in E.O. 13836. The current USACE MVM CBA is over 30 years old and the Government plans to negotiate in November 2020.

The Contractor shall provide guidance/direction as an advisor to the Memphis District management, to and through the Civilian Personnel Advisory Center (CPAC), such as review and identification of activity-wide labor relations needs and refinement of the Federal Labor Relations Program (FLRP), ensuring adherence to the Federal Service Labor-Management Relations Statute, incorporation of re-invention efforts of labor-management partnerships and alternative dispute resolution processes, proper interpretation/administration of labor agreements, resolution of disciplinary issues and processing of grievances. The FLRP consists of numerous work processes such as facilitation, mediation, negotiations (contract, mid-term, impact and implementation, interest-based), grievance resolution, and development/conduct of training programs and briefings. Implementation of refined FLRP, which includes facilitation of phases of Partnership Council, requires constant reassessment. Any reassessment will be provided to the CPAC within two (2) workdays. Any work process, or any change to work process, will be coordinated with the CPAC and approved prior to its effect.

The Contractor shall provide guidance to support proper and effective personnel disciplinary/adverse and performance-based decisions and shall provide advice on matters under Title VII where it relates to the negotiated agreement and create templates/tool to track negotiation.

The Contractor shall present formal and informal training on labor relations and collective bargaining policies and procedures, new or existing contract terms, and related matters. The Government has some model’s proposals and ground rules, but templates may be created for tracking negotiations.

The Contractor shall be available to provide services in remote locations, such as the field units during revetment and/or dredging season. Reimbursement for actual travel expenses shall be made in accordance with the Joint Travel Regulations. Payment for services will be made monthly in arrear, after verification by the TECHNICAL REPRESENTATIVE.

1.1 PLACE OF PERFORMANCE

Performance may include occasional visits to the MVM District Offices in the Odell-Horton Federal Building, 167 North Main Street, Memphis, Tennessee and the Ensley Engineering Yard, 2915 Riverport Rd Memphis, Tennessee, and remote locations, such as the field units during revetment and/or dredging season. Due to COVID, we will likely have the ability to conduct this virtually.

1.2 PERIOD OF PERFORMANCE

The period of performance for this contract is six (6) months, from 1 Oct 2020 through 31 Mar 2021, with two six months option to extend services. There is not a planned or fixed work schedule.

Contractor shall work on an as needed or on-call basis. Hours of operation for work performed in the Contractor’s Offices shall be determined by the Contractor, and shall not be the basis for any claim for additional compensation due to the actual time of day, day of the week, or holiday on which the work was performed.

POINTS OF CONTACT

Contracting Officer (KO)—Monica Moody, Monica.A.Moody@usace.army.mil

Technical Representative — Reginald King, Reginald.W.King@usace.army.mil

1.3 TECHNICAL REPRESENTATIVES

The following personnel are technical representatives for the government: Reginald King, MVM Chief of Staff and LTC Nathanial Molica, MVM Deputy Commander. The contractor shall provide a contract manager who shall be responsible for the overall performance of this contract. The contractor shall also provide key personnel that will be responsible for negotiation and training in accordance with this performance statement of work. Contractor shall identify proposed personnel in the technical proposal and provide resume/description of experience for each. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager and/or alternate shall be available between 8:00 a.m. to 4:30p.m., Monday thru Friday except Federal holidays.

1.4 IDENTIFICATION OF CONTRACTOR EMPLOYEES

All contract personnel attending meetings and working in situations where their contractor status is not obvious to third parties are required to identify themselves as contractors to avoid creating an impression in the minds of members of the public that they are Government officials.

1.5 CONFIDENTIALITY

Only those individuals with a specific “need to know” shall be given access to information obtained by Contractor personnel through performance of this contract. “Need to know” shall be as determined by the Contracting Officer or his/her representative. This includes but is not limited to any information regarding contract documents, CBA records; contemporaneous communications (including internal Government correspondence and e-mails); interviews made by or for the Government relating to the Contract or the Project. Contractor shall not disclose any such information outside the Government during and after contract services are performed, except as expressly authorized in writing by the Contracting Officer.

mailto:Priscilla.G.Sweeney@usace.army.mil mailto:Reginald.W.King@usace.army.mil

1.6 CONTRACTOR EXPERIENCE AND/OR KNOWLEDGE REQUIREMENTS

The Contractor's proposal shall indicate a minimum of 5 years knowledge and/or experience in the following areas:

(1). Dealing with multiple labor unions in a single organization.

(2). Facilitation and mediation.

(3). Negotiations (contract, mid-term, impact, and implementation, and interest-based).

(4). Grievance resolution and alternative dispute resolution processes.

(5). Identification of activity and/or agency-wide labor relations needs.

(6). Development and conduct of labor relations training programs.

(7). Direction of labor relations programs for a large Federal agency.

(8). Knowledge of and experience with the USACE LR Program.

(9). Management and/or labor representative in unfair labor practice and grievance proceedings, negotiation impasses, and appeals before:

(a). Federal Service Impasses Panel (FSIP) (b). Federal Labor Relations Authority (FLRA) (c). Federal Mediation and Conciliation Services (FMCS)

(10). 5 USC, Chapters 43 and 75 processes.

(11). Title VII, EEO rules and regulations and processes.

Not required but preferred experience in supervising a labor relations' staff, supervising bargaining unit employees, and experience as labor leader.

1.7 HOURS OF OPERATIONS

Due to the nature of the work to be performed and the need for close coordination between CPAC and the Contractor, contractor's proposal shall indicate the ability to respond to request for services within 24 hours.

Hours of operation for work if performed in the Odell-Horton Federal Building and Ensley Engineering Yard shall be from Monday through Friday except on Federal Public Holidays and during Presidential or Administrative closing days as shown below, between the hours of 7:30 AM to 5:00

PM.

Hours of operation for work performed at the Project site(s) or other off-site location shall be as directed by the Contracting Officer and agreed upon by the Contractor, and shall not be the basis for any claim for additional compensation due to the actual time of day, day of the week, or holiday on which the work was performed.

1.7.1 HOLIDAYS. Any holiday falling on a Saturday will be observed on the preceding Friday;

holidays falling on a Sunday will be observed on the following Monday. The following Federal holidays are observed at this installation:

New Year's Day 1st January Martin Luther King's Birthday 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Independence Day 4th July Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran's Day 11th November

Thanksgiving Day 4th Thursday in November Christmas Day 25th December

1.8 GOVERNMENT SECURITY REQUIREMENTS

1.8.1 All contractors and all associated sub-contractors’ employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

1.8.2 All contractor and all associated sub-contractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13); applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available); or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

1.8.3 All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the TECHNICAL REPRESENTATIVE within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form, which will be documented via memorandum.

1.8.4 All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

1.8.5 The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is http://www.iad.gov/ioss/ http://www.iad.gov/ioss/ http://www.cdse.edu/catalog/operations-security.html%3B http://www.cdse.edu/catalog/operations-security.html%3B http://www.uscis.gov/e-verify) entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the TECHNICAL REPRESENTATIVE no later than 3 business days after the initial contract award.

1.9 QUALITY CONTROL

The Contractor shall implement a complete quality control program (QCP) that identifies potential and actual problem areas in providing requirements of the contract as specified and results in corrective action throughout the life of the contract. An updated copy must be provided to the Contracting Officer at the pre‐performance conference, if changes have occurred. The Government will make final review and acceptance of the QCP and any subsequent changes. Changes to the QCP shall be submitted to the Contracting Officer not later than ten (10) working days prior to effective date of change. The basic intent of the plan is that the Contractor is responsible for quality. All methods, procedures, and forms shall support this concept. The QCP shall:

a. Have direct accountability to the contractor's top management.

b. Address overall project management and administration.

c. Be a comprehensive program to plan and deliver quality services to the Government.

d. Cover all services described in this contract, prioritize services, and concentrate on the most important services.

e. Describe a method acceptable to the Government of identifying deficiencies in the quality of service performed under this contract before the level of performance becomes unacceptable and address processes for corrective actions without dependence upon the Government.

f. Establish an inspection system covering all services required by this contract. This plan shall specify areas to be inspected on both a scheduled or unscheduled basis and the title of the individual who will do the inspection.

g. Contain specific quality control techniques for contract services identified in the Performance Requirements Summary list. The quality control methods shall be comprehensive and adaptable to the reporting systems of the QCP.

h. Include a customer complaint feedback system for correction of validated complaints and to inform the customer of corrections. The QCP shall describe how users or other interested parties may identify problem areas or situations to the Contractor. The customer complaint program shall be compatible with the reporting and communication system of the QCP.

i. Require documentation of all Contractor quality control inspections and corrective action be maintained on‐site by the Contractor throughout the term of this contract. Inspection documents shall be made available to the Contracting Officer, or designated representative immediately upon request.

j. Must have methods for ensuring that proper care is taken of government‐furnished information or property. The Contractor shall be responsible for the proper care of government information and property and shall be held responsible for any damage due to unauthorized release, carelessness or negligence by Contractor personnel.

The plan shall also include key control procedures and methods of ensuring that government documents or information are not revealed to unauthorized persons.

1.10 GOVERNMENT QUALITY ASSURANCE

Contactor performance will be compared to the contract standards and Acceptable Quality Levels (AQL) using the Quality Assurance Surveillance Plan (QASP).

The Government will evaluate the Contractor’s performance under this contract using identified surveillance methods. The Government will record all surveillance observations.

The Government may use a variety of surveillance methods to evaluate the contractor’s performance. These methods include:

a. Random Sampling of recurring service output.

b. Periodic Inspection (Surveillance Activity checklists) of output items as necessary to assure a sufficient evaluation of Contractor performance.

c. Customer Complaints.The Contractor shall respond to all validated customer complaints within five (5) working days of written notification.

1.11 PERFORMANCE EVALUATION REPORTS AND MEETINGS

The Contractor shall be required to meet with the Technical Representative during the first month of the contract. Subsequent meetings will be as often as necessary thereafter as determined by the Technical Representative. However, at the Contractor’s request, a meeting shall be held whenever a Contract Discrepancy Report is issued. Subsequent meetings may, at the discretion of the Technical Representative, be held telephonically or other than face-to-face. The written minutes of these meetings shall be signed by the Contractor and the Technical Representative. Should the Contractor not concur with the minutes, the Contractor shall so state any areas of non‐concurrence in writing to the Contracting Officer within five (5) calendar days of receipt of the minutes.

1.12 SAFETY AND OCCUPATIONAL HEALTH.

The Contractor shall adhere to all USACE, Federal, State, and local laws applicable to safety and occupational health and with the safety and occupational health standards, specifications in accordance with Appendix A of the current edition of EM 385‐1‐1.

1.13 FILES

The Contractor shall maintain complete and accurate files of documentation, records, and reports required under the terms of this contract in accordance with AR 25‐400‐2, Army Records Information Management System (ARIMS). The Contractor shall not allow access to the files by any government agency, non‐government agency, or individual unless specifically authorized by the Contacting Officer or his/her designated representative. Files shall be made available to the Contracting Officer or his/her designated representative upon request. All deliverables under this contract shall become the property of the Government and will be turned over to the Contracting Officer at the completion of this contract.

1.14 DISCLOSURE OF INFORMATION

Performance under this contract may require the Contractor to access data and information proprietary to a government agency, another government Contractor or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. The Contractor and all contractor and associated sub-contractor employees shall not divulge or release data or information obtained or developed under performance of this work statement, except to authorize government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose or reproduce proprietary data, other than as specified in this work statement.

The Contractor shall not disclose, or cause to be disseminated, any information concerning the operations of MVM, which could result in, or increase the likelihood of, the possibility of a breach of its security or interrupt the continuity of its operation. The Contractor shall not release any information (including photographs, files, public announcements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program there under without the prior written approval of the Contacting Officer. The Contractor shall not release information regarding government employees without prior authority of the Contracting Officer. All documentation showing individuals' names or other personal information will be controlled and protected. The provisions of the Privacy Act of 1974, Public Law 93‐579, 5 U.S., Section 552a, shall apply.

GOVERNMENT FURNISHED PROPERTY (GFP) AND SERVICES

1.15 GOVERNMENT PROPERTY.

Government Property may be provided to the Contractor for the performance of this contract.

The Contractor shall utilize, consume, move, and store Government Property only as authorized under this contract. The contractor shall promptly disclose and report to the Government all incidents of property loss as soon as the facts become known. Loss of Government property includes, but is not limited to, items that cannot be found after a reasonable search; theft; damage resulting in unexpected harm to property requiring repair to restore the item to usable condition or destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.

1.16 EQUIPMENT

The Government will furnish any required working space, including necessary utilities and electrical power, in support of the contract while work is being performed on Government property. The Government will furnish access to copy equipment for support related tasks only.

1.17 CONTRACTOR RESPONSIBILITY

The Contractor shall return the facilities and equipment identified as government furnished property in the same condition as received, normal wear and tear accepted. The Contractor shall be liable for loss or damage to government furnished property beyond normal wear and tear in accordance with the clause of the contract “Government Property (Fixed‐Price Contracts).” Compensation shall be affected either by reduced amounts owed to the Contractor or by direct payment by the Contractor, at the Contracting Officer’s discretion.

1.18 DOCUMENTATION AND RECORDS

All documentation, records, and schedules, as described in this Performance Work Statement that are the responsibility of the Contractor, are the property of the Government, and shall remain so even upon completion of this contract. The Contractor shall be responsible for keeping these items current at all times. Documentation and records shall be turned over to the Government upon completion of this contract.

1.19 CYBERSECURITY IN USE OF GFE/GFP

The contractor shall maintain cybersecurity on all systems containing Government information in accordance with current editions (when effective) of the following standards, policies, and instructions:

a. Army Regulation (AR) 25‐1, Army Information Technology

b. AR 25‐2, Information Assurance, 24 October 2007, Rapid Action Revision (RAR), 23 March 2016.

c. DoD Instruction 8500.01, “Cybersecurity,” March 14, 2014

d. DoD Instruction 8510.01, “Risk Management Framework (RMF) for DoD Information Technology (IT),” March 12, 2014

e. DoD Directive 8140.01, Cyberspace Training, Certification, and Workforce Management

f. DoDD 4650.01 National Telecommunications and Information Administration (NTIA) Manual and provisions

g. National Institute of Standards and Technology Special Publication 800‐137, “Information

Security Continuous Monitoring (ISCM) for Federal Information Systems and Organizations”

1.20 PERSONALLY IDENTIFIABLE INFORMATION (PII). In the performance of this contract, Contractor may encounter personally identifiable information (PII), including, but not limited to, employees’ name, address, telephone number. The Contractor shall comply with the Privacy Act and all applicable agency regulations on individual privacy, to include DoD Directive 5400.11, “Department of Defense Privacy Program”, and DoD 5400.11‐R, Department of Defense Privacy Program.

1.20.1 SUBCONTRACTORS AND CONSULTANTS. The Contractor shall ensure that all subcontractors and consultants under its management take the same safeguards that it does in protecting PII to include flowing‐down the requirements of this subsection in all subcontracts.

1.20.2 The requirements of this subsection are not required to be included in subcontracts where the contractor only provides task orders to subcontractors with all PII redacted, deleted, or otherwise omitted from the information provided to the subcontractor.

1.20.3 DATA BREACH OR LOSS NOTIFICATION AND RESPONSE. The contractor shall adhere to the reporting and response requirements for PII set forth in Memorandum, Office of the Secretary of Defense, Subject: Safeguarding Against and Responding to the Breach of Personally Identifiable Information (PII), June 5, 2009, ALARACT 05/2009, DoD 5400.11‐R, and any amendments.

1.20.4 Contractor Travel: Will be in accordance with Joint Travel Regulation

1.20.5 Other Direct Costs: None

1.20.6 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.20.7 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

2.0 DESCRIPTION OF REQUIRED DUTIES

2.1 LABOR RELATIONS SERVICES

Contractor shall provide, under its own supervision and control, non-legal expert labor relations support in the renegotiation and re-opening of the collective bargaining agreement (CBA) with International Federation of Professional and Technical Engineers (IFPTE) Local 259 in accordance with Executive Order 13836. The services required are training, preparation for negotiations, negotiation administration, and consultation of the negotiations.

2.1.1 Training: Process under public sector labor laws including understanding the bargaining process. Topics include:

• Basis for Negotiating Authority

• Concept of Good Faith Bargaining

• Successful strategies including persuasion techniques

• Organizational specifics and determining objectives

• Mandatory, Permissive & Illegal Bargaining Subjects

• Effects of Impasse on Management/Union Rights

• All training shall be accomplished within 40 hours.

2.1.2 Preparation for Negotiation: Provide strategic plan for successful negotiations to avoid impasse, applying lessons learned and real-world examples on topics such as:

• Selecting the Management Team – roles and functions for traditional collective bargaining

• Meet with designated staff to define management goals and policy for negotiations

• Developing objectives and bargaining positions

• Pitfalls – managing Agency and Unions strengths and weaknesses

• Costs – collect inputs of budgetary requirements; draft budget

• Tactics, Techniques, and Table Manners including bargaining simulation on relevant topics.

2.1.3 Negotiation Administration – ensuring contract administration in furtherance of the negotiations

• Data Management

• Tracking Agency positions

• Tracking and preparation of Agency Proposals & Demands

• Tracking Union Proposals/Responses

• Tracking deadlines/milestones

• Tracking logistical matters (room space, equipment, meetings, calendar invites< other administrative tasks (copies, data scrub)

2.1.4 Consulting on Negotiations

• Analysis of current contract - review of all operational aspects

• Prepare/Reviewing proposals

• Consult on authority to bargain and negotiability of provisions

• Identify current Executive Orders, law and policy affecting negotiations

• Provide research and consultation on current trends and practices on a variety of labor related issues

• Provide consultation on the terms and conditions of employment, labor practices, work schedule changes, revisions of departmental rules and staffing guidelines.

• Contractor is expected to attend all negotiation.

2.2 CHANGE OF KEY PERSONNEL

The Contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer. Requests for changes in key personnel shall be submitted to the Contracting Officer at least 5 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 5 working days after receipt of all required information of the decision on substitutions.

When a key person leaves the contract, the Contractor must ensure that the key person returns any Government property, including files and information under the control of the leaving individual. The Contractor will be held liable for any property that has not been returned to the Government.

3.0 PERFORMANCE MEASUREMENT AND QUALITY STANDARDS

The Contractor shall submit a monthly report. The Contractor shall have full responsibility for quality control of its work and employee performance.

QUALITY ASSURANCE

SURVEILLANCE PLAN

For Labor Relations Consulting

This Quality Assurance Surveillance Plan (QASP) is provided for information on the contract requirements, the level of performance expectations, and how the designated government personnel will confirm the services provided are acceptable. The methods of surveillance and procedures may change after contract award, based on acceptance of the Contractor’s Quality Control Plan or a partnering agreement which establishes the metrics to be used, or otherwise improves Contractor performance.

The Contractor is responsible for management and quality control actions to meet the terms of the contract. The role of the Government is quality assurance to ensure contract standards are achieved.

The TECHNICAL REPRESENTATIVE may utilize several methods of surveillance, including: 1) first product testing, 2) random sampling or 100% inspection and 3) validated customer complaints. All first products (i.e. first review of Reports, demonstrative exhibits, document compilations, etc.) will be reviewed for knowledge gaps and logic errors. Where errors are identified, evaluation of the information provided should be updated prior to communication to Contractor regarding non-conformances identified.

Where possible, identified errors shall be provided to Contractor in redline with citation to information establishing the basis for the determination of nonconformance. Contract personnel will be evaluated on ability to adhere to applicable regulations, and quality standards as expected within the general business profession (e.g. work product meets general quality standards as to grammar, punctuation, spacing, etc.) QASP will request Contractor propose a pass rate for Contractor personnel based on a negotiated acceptable quality level (not less than 90%) calculated as conforming product divided by total service as evaluated on a monthly basis. TECHNICAL REPRESENTATIVE shall generate a monthly report to contractor for review, consideration, and comment.

The following table is established to measure compliance of quality assurance:

Deliverable Performance Standard

Acceptable Quality Level

Method/Frequency Compliance Level

Review written analysis of current CBA articles and MOUs based on negotia bility, current labor and employment la w, and Executive Orders.

Report text shall be presented on 8.5 by

11.0 inch standard paper, using a 12 point Times New Roman or Ariel font. Charts, tables, or other supporting documentation may use other paper and fonts as appropriate. The Report a nd supporting documentation must be bound or placed in binders. Contractor sha ll deliver at lea st one hard copy and one electronic copy of the Report, unless directed otherwise by the Contracting Officer.

Accurate analysis and identification of areas of risk

No more than 2% typographical errors. Report is to be consistently formatted, using sa me fonts (unless varia tion is intentional). Report is clearly marked with draft/version number and date. Report is neatly bound or placed in binders and logically tabbed. Reports are delivered on or before agreed-to times.

First product testing;

Periodic Surveilla nce, Customer Feedback

Review written analysis of proposals created and received by Agency based on current labor and employment la ws, DCPAS guidance, and Executive Orders.

The Report shall include an Executive Summary, a description of methodology, a description of data used, a detailed result of schedule and damage analysis, and associated supporting documentation.

[Accurate analysis and identification of areas of risk]

Report includes all of the required elements and is logica lly presented. Findings and conclusions are supported by identified documentation.

PowerPoint slides and handouts for Agency bargaining team training on specified topics.

Information provided in an accessible manner for use by employees with various levels of labor expertise

Slides and handouts include all required elements and is logica lly presented. Information is supported by identified documents.

Customer Feedback.

Creation a nd administration of data management system to track proposals, agreed upon articles and deadlines and milestones

Information saved and organized using a clea rly identified naming protocol. Deadlines and milestones are clea rly identified.

Information saved and organized in a logica l and easily accessible manner.

Customer Feedback

Creation a nd administration of logistics ca lendaring system to ensure rooms a nd equipment needed for bargaining are timely obtained

All parties are clearly aware of when and where they need to be and that needed equipment in availa ble.

Customer Feedback

Contractor Personnel qua lifications.

Contractor personnel assigned to work on this contract shall have sufficient verifia ble education

100% of assigned Contractor personnel meet the Minimum General Experience and Minimum Education and experience such that there is a reasonable expectation that said person will be acceptable to a court or the ASBCA as an expert witness.

requirements of Federal Acquisition Service Contract No.

47QRAA18D006Z.

Obta in information, documents, a nd other data from MVM Contracting, field staff, MVM technical staff and other support offices.

Professionalism and accuracy.

Not more than 2 customer complaints over course of contract.

Prepa ration of Timeliness and 95% accuracy in First product testing;

document compilations.

accuracy. preparing compilations of project documents by agreed-to criteria .

Compliance Level and Date. This column is used to determine whether the required deliverables meet the Acceptable Quality Level on the QASP. It will be used to provide documentation for deficiencies requiring payment adjustment or other action from the contractor. The compliance block is filled out using a color code (Green, Yellow, or Red):

• Green = Deliverable has been met in a satisfactory manner.

• Yellow = Deliverable is not being consistently met satisfactorily; attention is needed in certain areas.

• Red = Deliverable is not being met.

4.0 SERVICE CONTRACT ACT

During the services performed for the resulting contract, Contractor must ensure it is following the applicable Wage Determinations as found at http://www.wdol.gov/sca.

5.0 INSPECTION AND ACCEPTANCE

Only the Contracting Officer (CO) has the authority to accept or reject services or deliverables under this Contract. All rejected services or deliverables will be corrected at the Contractor’s expense with no additional cost to the government.

6.0 DEFINITIONS AND ACRONYMS:

6.1 DEFINITIONS:

6.1.1 CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

6.1.2 CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government.

Note: The only individual who can legally bind the government.

6.1.3 CONTRACTING OFFICER'S REPRESENTATIVE (TECHNICAL REPRESENTATIVE). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

6.1.4 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

6.1.5 DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

6.1.6 KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

6.1.7 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

http://www.wdol.gov/sca

6.1.8 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

6.1.9 QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

6.1.10 QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

6.1.11 SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

6.1.12 WORKDAY. The number of hours/days the Contractor provides services in accordance with the contract.

6.1.13 WORK WEEK. Is defined as the days of the week that the Contractor provides services in accordance with the contract.

6.2 ACRONYMS

ACO Administrative Contracting Officer AR Army Regulation CBA Collective Bargaining Agreement CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) CPAC Civilian Personnel Advisory Center COR Contracting Officer Representative DA Department of the Army DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense EO Executive Order FAR Federal Acquisition Regulation FLRA Federal Labor Relations Authority FLRP Federal Labor Relations Program FMCS Federal Mediation and Conciliation Services FSIP Federal Service Impasses Panel IFPTE International Federation of Professional and Technical Engineers KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct

Costs POC Point of Contact PCO Procuring Contracting Officer PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan

QC Quality Control QCP Quality Control Program

The following clauses and provisions are incorporated and will remain in full force in any resultant award. The full text of these clauses can be accessed electronically at website:

http://www.farsite.hill.af.mil.

FAR 52.212-1 Instructions to Offerors – Commercial Items FAR 52.212-2 Evaluation Criteria - Commercial Items:

(a) The Government will award one purchase order from this solicitation to the responsible Vendor whose quote conforming to the solicitation will be most advantageous to the Government based on evaluation criteria. The following factors shall be used to evaluate vendors:

1. Technical Capability – is defined as the capability to PROVIDE THE SERVICES as specified in this Solicitation and PWS, and the ability to meet or exceed the specified delivery schedule. To be determined Technically Acceptable offeror shall submit for evaluation the following with their solicitation/quote package:

a. One-page narrative labeled “Capability Statement” describing ability to perform work specified, can include specialized equipment, and any specialized personnel qualifications. Include years of experience of the company, key personnel who will perform the work. Include any other information that will enable the Government to determine the contractors’ capability to provide required services.

b. Provide resume(s) of person(s) performing services; five (5) years of labor relations service required

c. If using a subcontractor, provide name of subcontractor, any subcontractors used in conjunction with this agreement shall be bound to the same requirements placed on the Contractor

2. Satisfactory Past Performance – to demonstrate satisfactory past performance the offeror shall provide documentation of satisfactory performance on past or current contracts (within the past 5 years) of a similar type, size, scope and complexity, as well as, provide two (2) references, including names and contact information of references who can verify their past performance.

It is incumbent upon the offeror to submit sufficient documentation and information for the Government to determine technical acceptability, and satisfactory past performance.

Failure to submit enough information for the government to determine technical acceptability, and satisfactory past performance may be cause for rejection of your quote.

In the case of an offeror without a record of relevant past performance or for whom…