N0040625QS389 Solicitation.pdf
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- FORMAL HUMAN RESOURCES TRAINING Federal contract opportunity
- Solicitation number
- N0040625QS389
About this file
This is a solicitation (N0040625QS389) from the U.S. Navy's NAVSUP Fleet Logistics Center Puget Sound for a firm-fixed-price virtual human resources training contract in support of the U.S. Pacific Fleet (USPACFLT) Human Resources Offices. The contract will provide comprehensive training services focused on Employee and Labor Relations, covering 23 distinct training modules including topics such as absence management, administrative hearings, workplace investigations, MSPB law, disciplinary charges, FMLA navigation, and performance management.
The solicitation is set aside for women-owned small businesses (WOSB) with a size standard of $15,000,000, and is anticipated to be awarded under FAR Parts 12 and 13 procedures. The period of performance is one year from contract award, with training to be conducted virtually during standard workdays. The government will evaluate offers based on technical capabilities, delivery date, price, and past performance. Potential contractors must be registered in the System for Award Management (SAM), with the solicitation expected to be posted on 7/24/2025 and closing around 8/8/2025. The total contract value is structured as a firm-fixed-price arrangement with specific training requirements for up to 10 participants across various training sessions.
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WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH
AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED
29. AWARD OF CONTRACT: REFERENCE OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
Section A - Solicitation/Contract Form
FORMAL HUMAN RESOURCES TRAINING
N0040625QS389
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
FORMAL HUMAN RESOURCES TRAINING - Reference the performance of work herein for complete details required for training.
Pricing Arrangement: Firm Fixed Price
1 Lot
Section C - Description/Specifications/Statement of Work
STATEMENT OF WORK
U.S. PACIFIC FLEET (USPACFLT)
FORMAL HUMAN RESOURCES TRAINING
1. GENERAL INFORMATION/BACKGROUND
1.1. The U.S. Pacific Fleet Command (PACFLT), Human Resources Offices consists of approximately 180 civilians. The current staff is over 80% developmental and this training program is critical to the employees receiving the knowledge, skill and ability to perform their work. Historically, filling positions at the full performance level has proved hard to fill and anticipated that a large portion of the incoming staff will be developmental as well.
1.2. The PACFLT, Human Resources Offices, are committed to providing its personnel with the knowledge, skills, and competencies required to excel in their human resources roles. In support of this goal, the command is seeking a comprehensive training program to equip their HR professionals with the expertise needed to effectively manage the complexities of their HR roles in a dynamic, challenging, and ever-evolving environment. The proposed training program will focus on key areas of Employee and Labor Relations. This comprehensive training initiative aims to enhance the capabilities of HR personnel, improve operational efficiency, and ultimately contribute to the overall success of PACFLT.
1.3. Purpose: The purpose of the effort is to provide comprehensive training for PACFLT HRO on a variety of Employee and Labor Relations HR topics. Specific training objectives:
ABSENCE, LEAVE ABUSE AND MEDICAL ISSUES WEEK:
- Identify the five elements of discipline and apply them to leave abuse scenarios.
- Remove employees for excessive absence and medical inability to perform. Determine whether to approve leave as reasonable accommodation.
- Appropriately request medical documentation.
- Effectively manage the issues that arise among mobile and hybrid workers.
ABSENCE MANAGEMENT: CONTROLLING LEAVE USE AND ABUSE:
- Identifying federal Identify all types and leave entitlement for federal civilian employees.
- Manage requests for leave as an accommodation for disability, pregnancy, or religion.
- Recognize your options when you suspect leave abuse.
- Remove an employee for medical inability to perform.
ACCOUNTABILITY FOR CONDUCT AND PERFORMANCE:
- Identify federal regulations governing conduct and performance.
- Difference between conduct and performance related issues.
- Effectively and immediately address unacceptable performance and misconduct.
- Ensure accountability of all employees, regardless of their work location.
- Identify alternatives to traditional disciplinary actions.
ADMINISTRATIVE HEARINGS AND WITNESS PREPARATION:
- Identify the types of hearings in Federal employment law.
- Effectively examine and cross-examine witnesses.
- Implement credibility factors.
ADVANCED MSPB LAW: NAVIGATING COMPLEX ISSUES:
- Utilize employee probationary periods.
- Write effective performance standards.
- Manage up-and-down performance.
CHARGES AND PENALTIES UNDER MERIT SYSTEM PRINCIPAL BOARD (MSPB) LAW:
- Determine what charges to use based on the circumstances.
- Identify the required specifications needed to support the disciplinary charge.
- Defend the reasonableness of the penalty using the Douglas factors.
- Increase your chances of penalty deference based on this Board's view of penalty assessment.
CONDUCTING FACT-FINDING INVESTIGATIONS:
- Understand liability in harassment cases.
- Recognize the importance of neutrality in investigations.
- Develop effective investigation strategies.
DEALING WITH MEDICAL ISSUES IN MISCONDUCT CASES:
- Determine whether a disability should be a mitigating factor in discipline.
- Appropriately charge Absence Without Leave.
- Determine the best course of action for an employee who is unable to come to work because of a medical issue.
DEVELOPING AND DEFENDING DISCIPLINE: HOLDING FEDERAL EMPLOYEES ACCOUNTABLE:
- Review of the governing federal regulation and guidance on disciplinary actions for federal civilian employees
- Identifying elements of a disciplinary actions.
- Identify the tools supervisors have for addressing misconduct.
- Implement a Performance Demonstration Period when necessary.
DRAFTING DISCIPLINARY CHARGES FOR FEDERAL EMPLOYEE MISCONDUCT:
- Explain what governs federal civilian misconduct.
- Identifying misconduct.
- Avoid common charging mistakes.
- Determine potential charges, and related evidence needed to support charge.
- Conduct an effective Douglas factor analysis.
DRAFTING LEGALLY SUFFICIENT DISCIPLINE AND PERFORMANCE DOCUMENTS:
- Differentiate between misconduct and unacceptable performance.
- Identify legal requirements for performance standards.
- Draft effective proposal notices, decisions letters, performance standards, and performance demonstration period letters.
EVERYTHING YOU NEED TO KNOW ABOUT PROBATIONARY PERIODS:
- Identify the various types of federal civilian employment status.
- Discuss the benefits of removing a probationary employee.
- Differentiate between pre- and post-employment procedures.
FUNDAMENTALS OF MSPB: NUTS AND BOLTS:
- Identify the basic principles of performance and conduct actions.
- Successfully navigate the Board's appeal process.
- Respond to affirmative defenses.
HANDLING UNACCEPTABLE PERFORMANCE AND TAKING PERFORMANCE-BASED ACTIONS:
- Identify the evidence needed before putting an employee on a Demonstration Period (DP) / Performance Improvement Plan (PIP).
- Address unacceptable performance after the DP/PIP has ended.
- Remove an unacceptable performer in 31 days.
HANDLING UNION REQUESTS FOR INFORMATION:
- Identify the rights and obligations of both agencies and unions regarding information requests.
- Apply the "particularized need" standard.
- Reply when the union fails to meet the "particularized need" standard.
LEAVE-RELATED DISCIPLINE AND MEDICAL REMOVALS:
- Handle the leave abuser according to the legal discipline process.
- Identify the documentation necessary to discipline an employee for leave abuse.
- Understand Absence Without Leave (AWOL), leave restriction, excessive absence removals, and medical inability to perform removals
LEGAL WRITING SKILLS FOR LR PRACTITIONERS:
- Write a memorandum of understanding.
- Apply persuasive legal writing.
- Draft arguments under contract interpretation.
MAKING SENSE OF THE 2025 TRUMP FEDERAL WORKFORCE EXECUTIVE ORDERS:
- Comply with all Executive Orders issued by the new administration.
- Identify the changes that need to be made immediately.
- Recognize what is covered under the new Executive Orders - and what is not.
MANAGING PERFORMANCE ISSUES THAT INTERSECT WITH RA:
- Understand how the laws for performance management and reasonable accommodation are related.
- Revisit and adjust existing accommodations when necessary.
- Determine when a medical inability to perform removal is appropriate.
MSPB LAW WEEK.
- Differentiate between misconduct and unacceptable performance.
- Avoid common charging mistakes.
- Conduct an effective Douglas factor analysis. Remove an unacceptable performer in 31 days. Recognize the categories of protected disclosures.
NAVIGATING FMLA IN THE FEDERAL WORKPLACE:
- Determine who falls under the term "family" for FMLA purposes.
- Define the term "serious health condition."
- Explain what medical information you can seek, when, and how
WHY SUPERVISORS NEED TO USE THE DOUGLAS FACTORS:
- Explain the importance of the Douglas factors.
- Identify each Douglas factor and weigh its significance in disciplinary cases.
- Recognize how failure to appropriately consider Douglas factors can undermine your case.
WORKPLACE INVESTIGATIONS WEEK:
- Identify the characteristics of a legally sufficient investigation.
- Determine potential charges, and related evidence needed, in misconduct investigations.
- Differentiate between EEO and non-EEO harassment.
- Determine witness credibility and learn how to handle difficult witnesses.
- Identify all the relevant facts to include in the report of investigation.
2. REFERENCES AND DEFINITIONS
2.1. References
a. Disciplinary Actions, SECNAVINST 12752.1A
b. Labor Management Relations Program, SECNAVINST 127211.2
2.2. Definitions.
CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime Contractor.
CONTRACTING OFFICER. See FAR 2.101.
DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.
DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.
EDUTAINMENT. Is defined, as Educational Entertainment (also referred to by Edutainment) is media designed to Educate through Entertainment.
Most often, it includes content intended to teach but has incidental entertainment value. Academia, corporations, governments, and other entities in various countries use it to disseminate information in classrooms and/or television, radio, and other media to influence viewers' opinions and behaviors have used it.
TECHNICAL POC (TPOC) or GOVERNMENT REPRESENTATIVE. For contracts that do not meet the threshold to require a COR, a Government Representative will be assigned to carry out duties as specified in the contract.
QUALITY ASSURANCE. The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.
QUALITY CONTROL. All necessary measures taken by the contractor to assure that the quality of an end product or service shall meet contract requirements.
SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the Subcontractor.
WORKDAY. The number of hours per day the contractor provides services in accordance with the contract.
WORKWEEK. Monday through Friday, unless specified otherwise. Training events will not be scheduled on a federal holiday.
3. SCOPE OF WORK
3.1. The Contractor shall provide virtual training services one year from the contract award date. The Government will determine and provide the Contractor with training dates. Direct labor for this task shall be in accordance with this SOW. Training will be conducted during the standard workweek, Monday through Friday, though specific working hours may vary. The training shall be designed to provide information, education, and training for civilian employees in Employee and Labor Relations HR functional areas.
3.2 Training Requirement.
3.2.1. Leave and medical issues create a complex and seemingly burdensome issue, ABSENCE, LEAVE ABUSE AND MEDICAL ISSUES WEEK:
one often laced with emotion and intersecting - even conflicting - laws. This training will discuss and provide an understanding of Federal Leave Categories and Processes. The participant will get an overview of the Federal leave categories, covering everything from annual leave to parental bereavement to sick leave and leave without pay, including a discussion of the recent regs on notice leave. The training will discuss which leave categories are discretionary and which are entitlement and identify the limitations on each type of leave. Discuss leave-related Discipline and Medical Removals provide the foundation for connecting employee leave abuse with discipline. The training will provide the participant with the knowledge of the documentation necessary to discipline employees and the tools to hold them accountable. The participant will also learn approaches to remove an employee whose medical condition makes them unable to perform their job. The training will discuss Reasonable Accommodation (RA):
Entitlements and Processes, tackling the often-complicated intersection between leave and disability accommodation. The participant will tools necessary for determining whether leave, flexible work schedules, or alternative work locations are effective accommodations. This training will discuss Medical Documentation, Medical Requests and Record Confidentiality focusing on the following questions, How do you make a decision on an employee's request for accommodation without seeing their medical documentation? Who collects that information? Where does it go? And how do you determine if an employee with a medical condition is a direct threat? This training focuses on the correct handling and requesting of all things related to medical information, including medical exams and inquiries during the pre- and post-employment processes. Lastly, this training will discuss managing telework and Hybrid Workers. Telework is not just one of the most commonly requested RA for individuals who have physical and mental disabilities - it's also one of the most effective. If someone is going to work away from the office, however, you're going to need to set expectations. This class will help you lay that groundwork.
3.2.2. ABSENCE MANAGEMENT: CONTROLLING LEAVE USE AND ABUSE: This training covers all types of leave and leave entitlements, governing Federal regulations, applicability and requirements, agency obligations, and imparting the knowledge and skills to deal with any leave-related situation.
3.2.3. : This training task involves providing comprehensive training to equip ACCOUNTABILITY FOR CONDUCT AND PERFORMANCE management with the knowledge and skills necessary to effectively address employee conduct and performance issues through comprehensive training, ensuring swift, appropriate, and legally defensible actions. The training will provide a step-by-step guidance for taking swift, appropriate, and legally defensible conduct- and performance-based actions.
3.2.4. Participants will learn how to prepare an engaging and effective case, ADMINISTRATIVE HEARINGS AND WITNESS PREPARATION:
targeted to the appropriate forum: MSPB or EEOC. This class will methodically describe the keys of each step in prepping your case, whether it's getting witnesses ready, developing the record, objecting to documents, preparing your lines of questioning, or closing statements.
3.2.5. ADVANCED MSPB LAW: NAVIGATING COMPLEX ISSUES: Three-day Advanced MPSB Law: Navigating Complex Issues is an in-depth, highly interactive virtual training event that will not only meet all those needs, but help you reach the top of your game. During Advanced MSPB, participants will move beyond the foundations discussed in MSPB Law Week and dive deep into high-level discussions on effective strategies and techniques for managing disciplinary and performance issues, including those that crossover with EEO. The training takes a deep dive into discipline issues providing effective strategies and techniques for managing disciplinary challenges. The training will discuss the nexus requirement and cover the complex topics, such as comparator employees and alternative discipline. The training will also cover Performance and Probationary Challenges, discussing probationary periods to performance improvement periods, this class will include high-level discussions on performance challenges, including those involving remote employees.
3.2.6. : This training task will equip participants with the expertise to effectively structure CHARGES AND PENALTIES UNDER MSPB LAW charges and specifications, identify alternate charges, charging down proving up, Douglas factors analysis, considerations under the current MSPB, and drafting legally sound proposal and decision letters.
3.2.7. : This task will identify how to put corrective action in place before the conduct rises to CONDUCTING FACT-FINDING INVESTIGATIONS the level of violating workplace laws, understand liability in harassment cases and develop effective investigation strategies. The training will also include interviewing and evidentiary skills to best investigate potential misconduct.
3.2.8. : This training task will provide a step-by-step process for effectively DEALING WITH MEDICAL ISSUES IN MISCONDUCT CASES managing misconduct for employees who have medical issues. This training will aid in identifying what does and does not violate the law related to discussions in the Federal workplace. The training will explain how to address the employees who choose to cross that line, whether conduct violates the Hatch Act, anti-discrimination laws, agency anti-harassment policies, and more.
3.2.9. : The training task discusses, Holding Federal Employees Accountable: how to take DEVELOPING AND DEFENDING DISCIPLINE defensible misconduct actions quickly and fairly - actions that withstand scrutiny on appeal by the MSPB, EEOC, or in a grievance arbitration.
Understand how to investigate misconduct, plus the craft behind drafting charges and the importance of the Douglas factors in penalty selection.
3.2.10. This training task discusses employee disciplinary DRAFTING DISCIPLINARY CHARGES FOR FEDERAL EMPLOYEE MISCONDUCT:
charges, including the difficulty of proving the "intent" charge element and alternative options to difficult charges. Discuss defensible penalties, how to appropriate penalty for a federal employee who engaged in misconduct, discusses MSPB and Federal Circuit lead cases in penalty determination, and discuss getting "intent" penalties from "non-intent" charges, proving harsh penalties off of vanilla charges, penalty mitigation, and more.
3.2.11. This training task will help participants DRAFTING LEGALLY SUFFICIENT DISCIPLINE AND PERFORMANCE DOCUMENTS:
sharpen their skills to produce effective, defensible, and legally sound discipline and performance documents, from letters of reprimand to proposal and decision documents, from performance standards to demonstration period implementation memos, and everything in between.
3.2.12. This training task will answer the following questions, EVERYTHING YOU NEED TO KNOW ABOUT PROBATIONARY PERIODS:
what if you are unable to make an appropriate determination at the end of an employee's probationary period? Must you notify employees when their probationary periods are coming to an end? Can you discipline or PIP someone during a probationary period? This training will answer questions about probationary periods, whether it's after hiring or reinstating an employee. Identifying the various types of employment status, discuss the benefits of removing a probationary employee, and the difference between pre- and post-employment procedures.
3.2.13. This training task is an excellent introduction for those new to the HR field, as well as FUNDAMENTALS OF MSPB: NUTS AND BOLTS:
those trying to align their actions and policies with the most current case law, regulations, and Executive Orders. Regardless of the participants HR skill level or experience, they will leave this class with the practical guidance necessary to navigating the world of the Merit Systems Protection
Board. This training provides a detailed overview of the MSPB and how it works, as well as a solid foundation in accountability law.
3.2.14. : This training task the participant HANDLING UNACCEPTABLE PERFORMANCE AND TAKING PERFORMANCE-BASED ACTIONS will learn how to avoid the mistakes routinely made when taking a performance-based action. This training covers burdens of proof; drafting a defensible performance standard; implementing a performance demonstration period (DP, formerly a PIP); accommodating disability- related performance problems, and much more.
3.2.15. Just about every Federal Labor Relations professional has dealt with a union HANDLING UNION REQUESTS FOR INFORMATION:
request for information, but they may not have handled it correctly. This training will help the participant in dealing with an information request to ensure the agency provides information to the union but also ensure that the union has established a particularized need. Engaging in the proper process will help agencies avoid unfair labor practice complaints while also providing only the information that is legally required.
3.2.16. This training task includes a workshop to help the participant hone their LEAVE-RELATED DISCIPLINE AND MEDICAL REMOVALS:
skills to handle the most challenging leave situations. This training discusses what to do if the Federal employee doesn't show up for work, leave related discipline and even removal for using too much leave? This training will take the participant through all the permutations of absent employees, as well as how to handle employees who are unable to perform the job due to medical reasons.
3.2.17. : This interactive training course will help the participants sharpen their writing LEGAL WRITING SKILLS FOR LR PRACTITIONERS skills and provide them with the tools necessary to produce effective and legally sound documents.
3.2.18. provide up to-minute guidance on what each MAKING SENSE OF THE 2025 TRUMP FEDERAL WORKFORCE EXECUTIVE ORDERS:
of the several Federal workplace-related Executive Orders cover and how to ensure compliance with each. Attendees will learn the details related to returning to in-person work, accountability, and merit-based hiring, as well as guidance on how to "formulate appropriate and effective civil rights policies for the Executive Branch" and "advance the policy of equal dignity and respect," as required under the new Executive Orders. Executive Orders discussed will include:
3.2.19. : This training task addresses the importance of addressing MANAGING PERFORMANCE ISSUES THAT INTERSECT WITH RA performance issues as soon as possible, while keeping in mind the laws and regulations regarding workplace accommodations. This training provides the tools necessary to address performance issues within the framework of reasonable accommodation, and addresses agency options when the employee can no longer perform essential functions because of a medical condition. This training task
3.2.20. MSPB Law Week provides an all-encompassing five half-days of training that offers the most effective guidance and up-MSPB LAW Week:
to-date information available, including OPM's recent notice leave regulations. The Foundations of Accountability; Adverse Actions; Statutory basis of accountability - the Civil Service Reform Act and related statutes and regulations. The training will discuss the five elements of every disciplinary case and the burdens of proof, the critical aspects of penalty selection and defense, and discipline procedures and appeals. Discuss due process and the types of charges, parts of a charge, and how charges are interpreted by the MSPB. The participant will learn all they need to know about charging, including the difficulty of proving the "intent" charge element and alternative options to difficult charges. The training will discuss MSPB and Federal Circuit lead cases in penalty determination. They will discuss getting "intent" penalties off of "non-intent" charges, proving harsh penalties off of vanilla charges, penalty mitigation, and more. The training will also address how to handle unacceptable performance actions. The training will discuss drafting defensible performance standards, collecting proper documentation, implementing a demonstration period (DP) or Performance Improvement Plan (PIP), defeating the performance rollercoaster, and the impact of the 2021 Santos v. NASA decision. This training will include training on defending Against Whistleblower Reprisal Claims and other Affirmative Defenses. MSPB Law Week closes with guidance on the complex issue of whistleblower reprisal complaints. It will also cover the categories of protected disclosures, actions that could constitute retaliation, and the Carr analysis, plus claims of harmful error, reprisal for union activity, and excessive penalty findings.
3.2.21. This training task Navigating the FMLA is one of the most complex tasks a NAVIGATING FMLA IN THE FEDERAL WORKPLACE:
Federal agency can face. It's also one of the most popular and often-used entitlements, so this training will answer the following: How do you determine if an employee is eligible for FMLA? In which situations does FMLA apply? How do you know when they can return? This training will provide the participants with a solid foundation for managing FMLA leave. Participants will leave the training with the confidence to tackle challenges such as intermittent FMLA, medical documentation, paid parental leave, and more.
3.2.22. This training will explain the importance of the Douglas factors, using WHY SUPERVISORS NEED TO USE THE DOUGLAS FACTORS:
both foundational and recent case law examples. The training will walk the participant through the importance of each factor and the importance of conducting a Douglas Factor analysis in figuring out an appropriate penalty for a misbehaving employee.
3.2.23. : This training task will focus on conducting Administrative Investigations in the Federal WORKPLACE INVESTIGATIONS WEEK workplace with an emphasis on employee misconduct, including workplace harassment. Workplace Investigations Week includes the most up-to-date information on investigation skills, trends, and cases, including OPM's regulations on investigative leave. Day one focuses on discussing the substantive basis as to Why investigate? The training will answer that question, as well as provide attendees with an understanding of discipline law, charges of misconduct, and penalty evidence. It will also cover witness rights and union representation. Day two will cover Harassment Investigations focusing on harassment, both EEO and non-EEO. Reviewing how to investigate allegations of harassment and discuss the latest in discrimination law.
Other topics covered include sexual harassment claims, liability in harassment cases, what to charge in harassment cases, gender stereotyping claims, and more. Day three focuses on the functional investigative skills with a review of evidentiary principles, followed by tips and guidelines for preparing for the investigation, plus interviewing strategies and challenges. Day four focuses on assessing witness credibility by considering plausibility, demeanor, omissions, motive, body language, and more. Also covering acquiring other evidence, medical evidence, and rules for being an effective witness. Day five focuses on an in-depth review of how to write an effective report of investigation. Discussing organizing the report, establishing the chronology, as well as report writing style, writing conventions, and more.
3.3 Service Coordination.
3.3.1. Service Coordination. Within 5 business days of the contract award, the contractor shall attend a post award meeting convened by the contracting activity Government Representative. The purpose of this meeting is to review all contract requirements and begin coordination to schedule work. The contractor will provide examples of briefing materials, handouts, and provide any specific audio/visual requirements to support their training. The meeting minutes shall specifically identify any items that may affect the contract terms/conditions/statement of work (SOW) requirements.
3.3.2. The Contractor shall advise the Government of any problems or potential problems affecting their performance as soon as they are identified.
3.3.3. The Government Representative will coordinate as frequently as necessary, typically within 2 months of the date of the training event start date to confirm training schedule and coordinate logistics.
3.3.4. The Government Representative will also meet with the contractor to review the Contractor's performance following each training event. At these meetings the Government Representative will apprise the contractor of how the Government views the Contractor's performance and the Contractor will apprise the government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.
3.4 Quality Control.
3.4.1. Quality Assurance. The Government Representative shall evaluate the contractor's performance under this contract by direct observation of the delivered speaker presentation and/or a review of Government-provided and Contractor-provided feedback forms. This is to ensure that the Contractor has performed in accordance with the performance standards.
3.5 Specific Services.
3.5.1. Keynote speaker/Trainer shall have a working knowledge of the Department of Defense HR laws, regulations, policies, requirements and recent trends and initiatives in the HR topics listed in paragraphs 3.2.1 through 3.2.20 above.
3.5.2. Keynote Speaker/Trainer shall have verifiable and positive references from OPM and DoD services.
3.5.3. Keynote Speaker/Trainer must be able to include interactive dialogue via virtual environment to foster audience participation in the presentation to effectively reach the student.
3.5.4. All training must be presented with the same consistency and quality regardless of the platform, size, or demographic of the audience.
3.5.5 Target audiences need to leave the training with new knowledge and tools that makes them feel their attendance was worth the time away from the office.
3.5.6. Keynote Speaker/Trainer shall provide a mechanism that measures feedback from each training session and report the findings to the Government Representative. An electronic means of providing feedback is strongly preferred. This feedback, if available, will be used in conjunction with the evaluation discussed in paragraph 3.4.1 to determine if any changes are required.
3.6 Keynote Speaker/Trainer Experience Requirements .
3.6.1. The Keynote Speaker/Trainer shall have expertise in the specific HR topic taught.
3.6.2. Providing speaker/trainer presentations for the Department of Defense or any of its agencies.
3.6.3. Presenting meaningful and educational presentations in a virtual environment.
3.6.4. Demonstrated experience to orally communicate the importance of the subject matter and relate it to the duties and responsibilities of the employee.
3.6.5. Possess general administrative skills with the ability to express self clearly and concisely, both orally and in writing.
3.6.6. Courses and Participants: (*Agency direct pricing for course)
- Absence, Leave Abuse and Medical Issues Week - 4 participants
- Absence Management: Controlling Leave Use and Abuse*
- Accountability for Conduct and Performance*
- Administrative Hearings and Witness Preparation*
- Advanced MSPB Law: Navigating Complex Issues - 4 participants
- Charges and Penalties Under MSPB Law *
- Conducting Fact-finding Investigations*
- Dealing With Medical Issues in Misconduct Cases*
- Developing and Defending Discipline: Holding Federal Employees Accountable*
- Drafting Disciplinary Charges for Federal Employee Misconduct*
- Drafting Legally Sufficient Discipline and Performance Documents*
- Everything You Need to Know About Probationary Periods*
- Fundamentals of MSPB: Nuts and Bolts*
- Handling Unacceptable Performance and Taking Performance-based Actions*
- Handling Union Requests for Information*
- Leave-related Discipline and Medical Removals*
- Legal Writing Skills for LR Practitioners*
- Making Sense of the 2025 Trump Federal Workforce Executive Orders*
- Managing Performance Issues that Intersect with RA*
- MSPB LAW Week - 10 participants
- Navigating FMLA in the Federal Workplace*
- Why Supervisors Need to Use the Douglas Factors*
- Workplace Investigations Week - 10 participants
3.6.7. Period of Performance. Due to the virtual environment of the training geographical locations or times of training may differ. Dates and times of training vary depending on course schedule. Times (TBD) will be during the standard workday between 0600 and 1800 (PST). Minor changes to the schedule and training session, due to operational constrains of the trainer or employees, may be made as agreed to by both the contractor and USPACFLT HRO NW POC's provided no additional costs are incurred. Location and times of virtual training sessions are as follows:
TRAINING
REQUIREMENTS
GEO
LOC
EVENT SUBJECT MATTER TRAINING DATES
3.2.1 Virtua Class
Instruction
Absence, Leave Abuse and Medical Issues Week
To be determined. PACFLT HR POC will coordinate with vendor.
3.2.2. Virtual
Class Instruction
Absence Management: Controlling Leave Use and Abuse.
To be determined. PACFLT HR POC will coordinate with vendor.
3.2.3. Virtual
Class Instruction
Accountability for Conduct and Performance.
To be determined. PACFLT HR POC will coordinate with vendor.
3.2.4. Virtual
Class Instruction
Administrative Hearings and Witness Preparation To be determined. PACFLT HR POC will coordinate with vendor.
3.2.5. Virtual
Class Instruction
Advanced MSPB Law: Navigating Complex Issues To be determined. PACFLT HR POC will coordinate with vendor.
3.2.6. Virtual
Class Instruction
Charges and Penalties Under MSPB Law To be determined. PACFLT HR POC will coordinate with vendor.
3.2.7. Virtual
Class Instruction
Conducting Fact-finding Investigations To be determined. PACFLT HR POC will coordinate with vendor.
3.2.8. Virtual
Class Instruction
Dealing With Medical Issues in Misconduct Cases To be determined. PACFLT HR POC will coordinate with vendor.
3.2.9. Virtual
Class Instruction
Developing and Defending Discipline:
Holding Federal Employees Accountable
To be determined. PACFLT HR POC will coordinate with vendor.
3.2.10. Virtual
Class Instruction
Drafting Disciplinary Charges for Federal Employee Misconduct
To be determined. PACFLT HR POC will coordinate with vendor.
3.2.11. Virtual
Class Instruction
Drafting Legally Sufficient Discipline and Performance Documents
To be determined. PACFLT HR POC will coordinate with vendor.
3.2.12. Virtual
Class Instruction
Everything You Need to Know About Probationary Periods
To be determined. PACFLT HR POC will coordinate with vendor.
3.2.13. Virtual Class
Instruction
Fundamentals of MSPB: Nuts and Bolts To be determined. PACFLT HR POC will coordinate with vendor.
3.2.14. Virtual
Class Instruction
Handling Unacceptable Performance and Taking Performance-based Actions
To be determined. PACFLT HR POC will coordinate with vendor.
3.2.15. Virtual
Class Instruction
Handling Union Requests for Information To be determined. PACFLT HR POC will coordinate with vendor.
3.2.16. Virtual
Class Instruction
Leave-related Discipline and Medical Removals To be determined. PACFLT HR POC will coordinate with vendor
3.2.17. Virtual
Class Instruction
Legal Writing Skills for LR Practitioners To be determined. PACFLT HR POC will coordinate with vendor.
3.2.18. Virtual
Class Instruction
Making Sense of the 2025 Trump Federal Workforce Executive Orders
To be determined. PACFLT HR POC will coordinate with vendor.
3.2.19. Virtual
Class Instruction
Managing Performance Issues that Intersect with RA To be determined. PACFLT HR POC will coordinate with vendor.
3.2.20.
Virtual
Class
MSPB LAW Week To be determined. PACFLT HR POC will coordinate with vendor.
3.2.21.
Navigating FMLA in the Federal Workplace To be determined. PACFLT HR POC will coordinate with vendor.
3.2.22.
Why Supervisors Need to Use the Douglas Factors To be determined. PACFLT HR POC will coordinate with vendor.
3.2.23.
Workplace Investigations Week To be determined. PACFLT HR POC will coordinate with vendor.
3.7 Deliverables.
3.7.1 Slide and video presentations. The Keynote Speaker/Trainer shall provide slides and/or videos to be use during instruction to the registrant at least two days prior to the start of the training event.
3.7.2 Handouts/Read-aheads (if required by Keynote Speaker/Trainer). The Keynote Speaker/Trainer shall provide handouts or other information items to the registrant at least two days prior to the start of the training event.
3.7.3. Performance Requirements Summary (PRS). The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.
PERFORMANCE
OBJECTIVE
TRAINING
DATES AND
LOCATION
STANDARD
PERFORMANCE
THRESHOLD
METHOD OF
COMPLIANCE
PRS #1
-Virtual session - Course length (See table in 3.6.6)
See Table in
3.6.6 Provide comprehensive and engaging
HR training on Absence, Leave Abuse and Medical Issues Week.
100% delivery and compliance 100% Visual
Inspection and feedback forms
PRS #2
-Virtual session - Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Absence Management: Controlling Leave Use and Abuse.
100% delivery and compliance
100% Visual Inspection and feedback forms
PRS #3
-Virtual session - Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Accountability for Conduct and Performance.
100% delivery and compliance
100% Visual Inspection and feedback forms
PRS #4
-Virtual session - Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Administrative Hearings and Witness Preparation.
100% delivery and compliance
100% Visual Inspection and feedback forms
PRS #5
-Virtual session
-Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Advanced MSPB Law: Navigating Complex Issues.
100% delivery and compliance
100% Visual Inspection and feedback forms
PRS #6
-Virtual session
-Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Charges and Penalties Under MSPB Law
100% delivery and compliance
100% Visual Inspection and feedback forms
PRS #7
-Virtual session
-Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Conducting Fact-finding Investigations.
100% delivery and compliance
100% Visual Inspection and feedback forms
PRS #8
-Virtual session
-Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Dealing with Medical Issues in Misconduct Cases.
100% delivery and compliance
100% Visual Inspection and feedback forms
PRS #9
-Virtual session
-Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Developing and Defending Discipline: Holding Federal Employees Accountable.
100% delivery and compliance
100% Visual Inspection and feedback forms
PRS #10
-Virtual session
-Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Drafting Disciplinary Charges for Federal Employee Misconduct.
100% delivery and compliance 100% Visual
Inspection and feedback forms
PRS #11
-Virtual session
-Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Drafting Legally Sufficient Discipline and Performance Documents.
100% delivery and compliance
100% Visual Inspection and feedback forms
PRS #12
-Virtual session
-Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Everything You Need to Know About Probationary Periods.
100% delivery and compliance
100% Visual Inspection and feedback forms
PRS #13
-Virtual session
-Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Fundamentals of MSPB: Nuts and Bolts.
100% delivery and compliance
100% Visual Inspection and feedback forms
PRS #14
-Virtual session
-Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Handling Unacceptable Performance and Taking Performance-based Actions.
100% delivery and compliance
100% Visual Inspection and feedback forms
PRS #15
-Virtual session
-Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Handling Union Requests for Information.
100% delivery and compliance
100% Visual Inspection and feedback forms
PRS #16
-Virtual session
-Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Leave-related Discipline and Medical Removals.
100% delivery and compliance
100% Visual Inspection and feedback forms
PRS #17
-Virtual session
-Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Legal Writing Skills for LR Practitioners.
100% delivery and compliance
100% Visual Inspection and feedback form
PRS #18
-Virtual session
-Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Making Sense of the 2025 Trump Federal Workforce Executive Orders.
100% delivery and compliance
100% Visual Inspection and feedback form
PRS #19
-Virtual session
-Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Managing Performance Issues that Intersect with RA.
100% delivery and compliance
100% Visual Inspection and feedback form
PRS #20
-Virtual session
-Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on MSPB LAW Week.
100% delivery and compliance
100% Visual Inspection and feedback form
PRS #21
-Virtual session
-Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Navigating FMLA in the Federal Workplace.
100% delivery and compliance
100% Visual Inspection and feedback form
PRS #22
-Virtual session
-Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Workplace Investigations Week.
100% delivery and compliance
100% Visual Inspection and feedback form
PRS #23
-Virtual session
-Course length (See table in 3.6.6)
See Table in 3.6.6
Provide comprehensive and engaging HR training on Why Supervisors need to use The Douglas Factors.
100% delivery and compliance
100% Visual Inspection and feedback form
Requirements
FORMAL HUMAN RESOURCES TRAINING
Section D - Packaging and Marking
Section E - Inspection and Acceptance
Section F - Deliveries or Performance
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.
WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
_2in1___
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.
when creating payment requests and receiving reports in the system.
Routing Data Table*** TO BE PROVIDED AT TIME OF AWARD
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC ____
Issue By DoDAAC ____
Admin DoDAAC ____
Inspect By DoDAAC ____
Ship To Code ____
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) ____
Service Acceptor (DoDAAC) ____
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section H - Special Contract Requirements
SURVEILLANCE OF FIRM-FIXED-PRICED SERVICES
a. The official(s) designated below…
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