Draft_PWS_1.doc

SECTION C- Description/Specifications/Work Statement performance Work statement

OFFICE OF COLLABORATIVE ACTION AND DISPUTE RESOLUTION (cADR) – EXTERNAL C.1 Information - Overview C.1.1 Objective and Project Description The United States Department of the Interior (DOI), is the nation’s principal conservation agency, charged with the mission “to protect and provide access to our nation’s natural and cultural heritage and honor our trust responsibilities to Indian Tribes and our commitments to island communities.” Over 70,000 individuals work for DOI and its bureaus in 1,900 locations across the United States, Puerto Rico, Virgin Islands, U.S. Territories, and Freely Associated States.

The Office of Collaborative Action and Dispute Resolution (CADR), established in October 2001, is located within the Office of the Secretary under the Assistant Secretary for Policy, Management and Budget (PMB) of DOI. The CADR office 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 2021), 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, and 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 is required to work collaboratively with others and use technology in support of collaboration and public participation projects. The Contractor shall also provide 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 pool of experienced professional service providers in the disciplines described above. The pool 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.

C.1.2 Place of Performance The Contractor shall have the resources to provide Conflict Management Professionals (CMPs) in all of 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.

C.1.3 Task Order Workload

Will be added at a later date.

C.1.4 Location and Hours of Operation

The Contractor shall maintain an office at no additional cost to the Government. DOI expects this office to be staffed during normal working hours by the Contractor’s staff in order to facilitate regular meetings and conferences between the Contractor and DOI CADR, with the ability to be in the Washington, D.C. area within 1 business day of notice. 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 DOI CO office, DOI CADR COR and the DOI CADR Technical Liaisons.

C.2 Scope of Work 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

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 Task Orders.

2. When acting as a third-party neutral 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.

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 DOI CO or DOI CADR COR, the Contractor shall cease all work, and, if deemed appropriate by the DOI CO or the DOI CADR COR, reassign the service to another CMP acceptable to all parties engaged in the process.

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.

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:

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

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

c. Negotiated Rulemaking Act of 1996

d. Federal Advisory Committee Act

e. DOI ADR Confidentiality Policy

f. 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)

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.

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

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.

9. Costs for some conflict management processes may be shared between the acquiring agency and participating parties. Where applicable, cost-sharing is agreed to by the parties. The Contractor shall have the capacity and processes to enter into funding arrangement with non-federal parties where appropriate. The agreement between parties shall detail how costs will be allocated and how the mediator/facilitator shall bill and collect funding.

10. CMPs eligible to work under this contract shall adhere to all relevant federal government and DOI policies and guidance.

11. 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.

12. The Contractor shall submit all 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 Task Order or project, this does not include meeting agendas, notes or summaries.

13. 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 DOI CO and/ or DOI CADR COR on a Task Order by Task Order basis.

C.3 Specific Tasks C.3.1 Task 1: Contractor Management Systems

1. The Contractor shall administer and maintain the following as part of the ordinary course of business, and not directly billable as labor hours. 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.

a. The Contractor shall, as part of the normal record keeping, put in place a system for contract administration, to include Task Order 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 CM process, the identity of the neutral and agency contacts, sponsoring offices and whether other federal agencies were participating. The Contractor shall participate in regularly scheduled meetings with the DOI CADR COR to review the status of all active Task Orders and projects based this tracking system. The tracking system shall be accessible to the DOI Contract Officer, the DOI CADR COR and the DOI CADR Technical Liaisons.

b. 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 DOI Contract Officer, the DOI CADR COR and the DOI CADR Technical Liaisons.

c. The Contractor shall put in place a system for providing evaluation, oversight, and quality assurance for services performed under each Task Order to ensure DOI receives the highest quality of service at all times. This system should be consistent with DOI policies and shall be accessible to the DOI CO, the DOI CADR COR and the DOI CADR Technical Liaisons.

d. The Contractor shall provide a pool of well qualified diverse CMPs. The pool 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.

2. The Contract administrator/program administrator’s primary responsibilities shall include:

a. Contact with the DOI CO and appropriate contracting program staff, the DOI CADR COR and DOI CADR Technical Liaisons.

b. Assisting DOI in the selection and oversight of CMP providers for individual Task Orders (this will require substantive knowledge of the practice of conflict management as well as expertise in managing the administrative aspects of processes),

c. Oversight of tracking, invoicing, and quality control evaluative aspects of the contract, as previously outlined in this performance work statement.

d. Managing, overseeing, and developing a pool of well-qualified diverse CMPs. Ensuring that CMP’s have the necessary ongoing training, technology and information needed to perform successfully.

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. Mid-Level CMP: 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.

c. Junior-Level CMP: Someone who has under 8 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.

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

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

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

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

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

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

j. Mid-Level Technical Specialist: Someone who has under 8 years of current experience working in the field of Information Technology.

k. Junior Technical Specialist: Someone who has under 8 years of current experience working in the field of Information Technology.

l. 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.

m. 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.3.2 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.

1. Maintaining a pool 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:

a. Experience that qualifies for one of the labor categories noted above.

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.

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 each of the parties to the particular process the appropriate OMB approved evaluation form 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 task order evaluated.

f. Completes the appropriate evaluation questionnaire and/ or participate 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.

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.3.3 Task 3: Training The Contractor shall develop, design, and deliver content and materials (including, among things, 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 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 particular subject matter. Tasks may include and are not limited to the following.

1. Maintaining a pool 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 One.

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.

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.

C.3.4 Task 4: Manage CMP Emerging Leaders 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). Contractor must increase the number of underrepresented practitioners providing impartial facilitation services by 5 % over the life of the IDIQ.

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.

2. This program must demonstrate a career development trajectory by assigning a Senior or Mid CMP mentor to work with an emerging practitioner on a minimum of three Task Orders or projects where the emerging practitioner serves as a neutral third party, and subsequently assigning the emerging practitioner as the co-lead CMP on at least two projects.

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

4. This program may also include capacity building of emerging practitioners to ensure their capability to operate as federal subcontractors, such under as the Small Disadvantaged Business program.

5. The program design must include a mentor-emerging practitioner agreement that includes: the skills, topics the mentor agrees to develop with the mentee, the compensation rate for the mentor, tasks the mentee will complete throughout the project, and a commitment to debrief the experience with the prime Contractor and CADR.

6. Participating Senior or Mid- CMPs who provide mentorship of an emerging practitioner shall be compensated on a sliding scale not to exceed 3 percent of the total project cost upon completion of the project and contingent on satisfactory performance of the emerging practitioner as deemed by the requesting DOI bureau or office.

7. The Contractor shall conduct pre and post surveys of mentors and mentees to measure pilot program success.

C.3.5 Task 5: Task Order and Project Evaluation

N/A C.3.6 Task 6: Direct Support and Technical Support Tasks performed by the Contractor may include, but are not limited to:

1. Administrative Assistance:

a. Ancillary to a service provided under this contract, with approval of the DOI CO and/or DOI CADR COR, obtaining meeting room facilities and the use of appropriate equipment for the meeting, all of which must meet DOI requirements for accessibility.

b. Ancillary to a service provided under this contract, arranging the travel of CMPs or other experts or consultants, as appropriate and when necessary, and in accordance with Federal Travel Regulations.

2. Expert Technical Assistance. Ancillary to a service provided under this contract, providing assistance in locating, retaining, and managing subject matter experts from other fields. The Contractor may need to consult with parties involved in the matter in identifying the experience, education and skills required of the expert and to further define the scope of the expert’s work.

3. Systems Design and Programmatic Assessment. The Contractor may be asked to provide expert assistance to DOI in designing, implementing, and evaluating conflict management systems. This may include programmatic assessments to identify opportunities to increase the effective use of ECCR in DOI and bureau programs.

4. Communications Assistance. Tasks performed by the Contractor may include but are not limited to:

a. Ancillary to a service provided under this contract, assisting DOI or other agencies in implementing efficient and effective communications, information exchange and education processes through virtual meetings, teleconference calls, electronic communications, fact sheets, brochures, white papers, and other means of communication.

5. Use of Technology. Tasks performed by the Contractor may include but are not limited to:

a. Developing, using, and implementing communications technology, including appropriate accommodations to meet accessibility requirements, to carry out the goals of Task Orders issued under this contract.

6. Document Creation, Editing and Assistance. Tasks performed by the Contractor may include, but are not limited to:

a. Designing, writing, and editing educational materials, including fact sheets, brochures, talking points, checklists, analyses, web site content, and other forms of communication necessary to educate parties about tools for addressing potential or actual conflict situations.

b. Researching technical or process information necessary for the project; including but not limited to: collecting information, conducting analyses, and performing surveys.

c. Assist with note-taking and the development of meeting summaries in support of a DOI CADR third-party neutral facilitated meeting.

C.4 Performance Objectives/ Standards The following performance objectives/ standards will be incorporated into the Quality Assurance Surveillance Plan (QASP) and Quality Assurance Plan (QAP) after award.

1. The Contractor shall submit quotes in response to Task Order Requests for Quotes (RFQs) within 5 business days or as delineated at the individual TO RFQ level.

2. The Contractor shall start execution of Task Orders within 5 business days of Task Order award.

3. The Contractor shall not divert or otherwise replace any Key Personnel without the written consent of the DOI CO 100% of the time.

4. Contractor personnel shall comply with all rules and regulations governing the conduct of personnel in Government facilitates 100% of the time.

5. All Task Order deliverables are submitted to the DOI CADR COR as required and on time.

6. All invoicing, including Sub-Contractor invoicing, shall be submitted within 60 days of the service being provided. And shall be submitted no earlier than the 15th day of the month and no later than the 25th day of the month and should comply with all FAR regulations regarding the required information and documentation required for government contract invoicing

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