PWS-BarrierAnalysis-5-10.pdf

Performance Work Statement (PWS)

Barrier Analysis

04/01/2024

Vision Statement

1 General Information

1.1 Scope of Work

1.2 Background

1.3 Constraints

1.4 Non-Personal Services

1.5 Period of Performance

1.6 Place of Performance

1.7 Hours of Operation

1.8 Special Qualifications

1.9 Post Award/Kickoff Conference

1.10 Status Meetings

1.11 Contractor Travel

1.12 Transition In

1.13 Transition Out

2 Definitions and Acronyms

2.1 Definitions

2.2 Acronyms

3 Government-Furnished Property and Services

3.1 Government Services

3.2 Facilities

3.3 Equipment

3.4 Materials and Information

3.5 Quality Assurance (QA)

4 Contractor-Furnished Items and Services

4.1 Facilities

4.2 Equipment

4.3 Materials

4.4 Contractor Responsibilities

4.5 Contractor Personnel

4.6 Identification of Contractor Employees

5 Specific Tasks

5.1 Program Management Support

5.2 Process Complaints ..................................................................... Error! Bookmark not defined.

5.3 Informal Complaints

5.4 Formal Complaints ....................................................................... Error! Bookmark not defined.

5.5 Investigations ................................................................................ Error! Bookmark not defined.

5.6 Reports of Investigation (ROI) .................................................... Error! Bookmark not defined.

5.7 Final Agency Decision ................................................................. Error! Bookmark not defined.

5.8 Alternative Dispute Resolution (ADR) ....................................... Error! Bookmark not defined.

6 Deliverables ...................................................................................... Error! Bookmark not defined.

6.1 Quality Control Plan ..................................................................... Error! Bookmark not defined.

6.2 Acceptance Criteria ...................................................................... Error! Bookmark not defined.

7 Related Documents ......................................................................... Error! Bookmark not defined.

8 Performance Requirements Summary ......................................... Error! Bookmark not defined.

Vision Statement

To achieve operational excellence by producing an independent investigative report that will identify barriers to equal employment opportunities and make recommendations to eliminate those barriers in accordance with identified policies, practices, and/or procedures.

1 General Information

1.1 Scope of Work

The Department of Housing and Urban Development (HUD), Affirmative Employment Division (AED) is seeking contractor support to perform a systemic investigation of the Department of Housing and Urban Development’s practices, policies, and procedures in accordance with Equal Employment Opportunity Commission’s (EEOC) Management Directive 715 (MD-715), to include conducting interviews of management officials, compiling and analyzing data and records, and preparing a report of findings for approval by the Director of the Office of Departmental Equal Employment Opportunity (ODEEO).

Identification of Benchmarks and Triggers Identification of Barriers Method of Investigation

1.2 Background

The Director of ODEEO advises the Secretary on EEO statutory, regulatory, and policy compliance. The EEOC’s Management Directive 715 (MD-715) provides policy guidance and standards to ensure that each agency has an effective equal employment opportunity program.

The MD-715 sets forth specific requirements and benchmarks for all covered agencies, to include the identification of barriers that impede inclusion and competition in the workplace, and detailing steps taken, and progress made in eliminating the barriers.

1.3 Constraints

The services identified in this PWS will adhere to the rules, regulations, laws, standards, and conventions identified by HUD as well as within the Federal Government. Constraints include the following:

Laws Enforced by EEOC are located at https://www.eeoc.gov/statutes/laws-enforced-eeoc and includes the following:

EEOC’s Management Directive 715 (MD-715) https://www.eeoc.gov/federal-sector/management-directive/md-715-parts-through-e

Title VII of the Civil Rights Act of 1964 The Pregnancy Discrimination Act The Equal Pay Act of 1963 The Age Discrimination in Employment Act of 1967 The Genetic Information Non-discrimination Act of 2008 The Pregnant Workers Fairness Act https://www.eeoc.gov/federal-sector/management-directive/md-715-parts-through-e https://www.eeoc.gov/federal-sector/management-directive/md-715-parts-through-e

Sections 501 and 505 of the Rehabilitation Act of 1973 Sections 102 and 103 of the Civil Rights Act of 1991 Executive Order 11478-- Equal Opportunity in the Government Older Workers Benefit Protection Act of 1990 The Americans with Disabilities Act (as applicable to the Federal Government) is covered in the Rehabilitation Act of 1973 508 compliance

Governing processing regulations:

Title 29 Code of Federal Regulations (CFR), Part 1614, Federal Sector Equal Employment Opportunity, at https://www.ecfr.gov/current/title-29/subtitle-B/chapter- XIV/part-1614

Chapter 5 Agency Processing of Formal Complaints, Management Directive (MD) 110 at https://www.eeoc.gov/federal-sector/management-directive/chapter-5-agency-processing-formal-complaints

HUD 24 C.F.R. Part 7

1.4 Non-Personal Services

The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services.

If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to notify the Contracting Officer (CO) immediately. These services shall not be used to perform work of a policy, decision making, or management nature, i.e., inherently Government functions. All decisions relative to programs supported by the Contactor shall be the sole responsibility of the Government.

1.5 Period of Performance

The period of performance shall be for one 12-month base period and four 12-month option periods.

1.6 Place of Performance

The services to be performed under this contract shall be performed at the Contractor’s facility.

1.7 Hours of Operation

The Contractor is responsible for providing services between the hours of 8:00 am to 5:00 pm EST, Monday thru Friday except for Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closing, or similar Government directed facility closings. The Government reserves the right to change hours of operation or restrict contractor access. Work outside of these daily hours is prohibited without Contracting Officer approval. Government agencies will not be available during scheduled holidays, inclement weather, weekends, and after duty hours.

The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within the contract when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential.

1.8 Special Qualifications

N/A

1.9 Post Award/Kickoff Conference

The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5 and HUD Acquisition Regulation (HUDAR) clause 2452.237-79 - Post Award Conference.

1.10 Status Meetings

The Contracting Officer, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to also review Contractor performance, requirement status, etc. At these meetings, the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance or progress of the requirement. The Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. Post Award Conference and subsequent meetings may be held via teleconference at the Contracting Officer's discretion.

1.11 Contractor Travel

Prior to travel, the Contractor shall coordinate with and receive Government authorization from the COR for all travel. Reimbursement of travel costs will be in accordance with the Federal Travel Regulation and in accordance with FAR 31.205-46.

1.12 Transition In

1.13 Transition Out

To minimize any decrease in productivity and to prevent possible negative impacts on additional services, the Contractor shall have sufficient personnel on board during the 90-calendar day Transition-Out period to complete the processing of any existing complaints in accordance with 29 CFR 1614. The incumbent Contractor shall ensure a smooth transition with the successor Contractor during the Transition-Out period, prior to completion of contractual performance. The incumbent Contractor shall aid the successor in the development of plans, procedures, and methods for the assumption of all on going work. The Contractor shall provide an orderly transition of work acceptance and accomplishment, such that full control by the successor Contractor is achieved by the end of the new contract’s Transition-In period.

2 Definitions and Acronyms

2.1 Definitions

Business Day - Every official day of the week which are days between and including Monday to Friday. This does not include federal holidays and weekends.

Calendar Day - Any day of the week.

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.

Contracting Officer (CO) - 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.

Contracting Officer's Representative (COR) - An employee of the U.S. Government appointed by the Contracting Officer to perform contract administration activities in regard to technical issues. This individual has authority to provide technical direction to the Contractor as long as 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.

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.

Government Furnished Property (GFP) - Property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract.

Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Performance Requirements Summary (PRS) - A listing of the performance requirements under the contract that are to be evaluated by the Government on a regular basis, performance indicators for these requirements, performance standards for these requirement and surveillance methods to be used to determine if performance standards are met.

Performance Standard - The Contractor's performance level required by the Government.

Performance Work Statement (PWS) - A statement of work for performance-based acquisitions that describe the required results in clear, specific, and objective terms with measurable outcomes.

Point(s) of Contact (POC) - An employee within ODEEO identified by the COR and/or PM to communicate with the Contractor. This individual does NOT have authority to change the terms and conditions of the contract or obligate the government.

Program or Project Manager (PM) - An employee within ODEEO identified by the COR who is responsible for managing a program and/or projects relating to the services within this PWS.

This individual does NOT have authority to change the terms and conditions of the contract or obligate the government.

Quality Assurance (QA) - Policies and procedures adopted by the Government to ensure that supplies and services acquired under Government contracts conform to the contracts quality requirements.

Quality Assurance Surveillance Plan (QASP) - A plan describing how the agency will survey, observe, test, sample, evaluate, and document the Contractor's performance in meeting critical performance standards identified in the contract.

Quality Control (QC) - All necessary measures taken by the Contractor to assure that the quality of an end product of service shall meet contract requirements.

Subcontractor - Any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, material, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor. The Government does not have privity of contract with a subcontractor.

Work Week - Monday through Friday, unless specified otherwise.

2.2 Acronyms

ADR - Alternative Dispute Resolution AQL - Acceptable Quality Level CD - Compact Disk CFR - Code of Federal Regulations CO - Contracting Officer COR - Contracting Officer's Representative EEOC - Equal Employment Opportunity Commission EEO-MD - Equal Employment Opportunity Management Directive FAR - Federal Acquisition Regulation HUD - US Department of Housing and Urban Development HUDAR - HUD Acquisition Regulation LOA - Letter of Authority ODEEO - Office of Departmental Equal Employment Opportunity (HUD) PM - Program Manager PMP - Program Management Plan POC - Point(s) of Contact PRS - Performance Requirement Summary PWS - Performance Work Statement QA - Quality Assurance QASP - Quality Assurance Surveillance Plan QCP - Quality Control Plan

3 Government-Furnished Property and Services

The Contractor shall ensure accurate control and accountability of all Government-Furnished Property in accordance with the terms and conditions of this contract. The Government will furnish, at no cost to the Contractor, the GFP shown below.

3.1 Government Services

No services will be provided by the Government.

3.2 Facilities

No facilities will be provided by the Government.

3.3 Equipment

No equipment will be provided by the Government.

3.4 Materials and Information

See HUDAR 2452.227-70, Government Information

The Government shall provide the following materials and information:

Workforce Analysis

3.5 Quality Assurance (QA)

The Government shall evaluate the Contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable quality level.

4 Contractor-Furnished Items and Services

The Contractor shall furnish, all facilities, equipment, and supplies required to perform the work under this contract that are not listed under Government-Furnished Property and Services.

4.1 Facilities

The Contractor shall furnish all facilities.

4.2 Equipment

The Contractor shall furnish all equipment.

4.3 Materials

The Contractor shall furnish all material except for those identified in section 3.4

4.4 Contractor Responsibilities

The Contractor shall only conduct business with designated Government personnel listed as points of contact (POCs). Names of authorized personnel shall be provided to the Contractor by the Government, in writing, and updated as necessary throughout the contract period of performance.

U.S. Government records, copies of original results and reports, verified original data, corrected data, and corrected supporting final reports which are maintained by the Contractor remain the property of the U.S. Government. These files/results must be surrendered to the COR.

4.5 Contractor Personnel

See HUDAR clause 2452.237-70 - Key Personnel in the Key Personnel section of the contract.

4.6 Identification of Contractor Employees

All Contractor/subcontractor personnel shall wear company picture identification badges as to distinguish themselves from Government employees. When conversing with Government personnel during business meetings, over the telephone, or via electronic mail, Contractor/subcontractor personnel shall identify themselves as such to avoid situations arising where sensitive topics might be better discussed solely between Government employees.

Contractors/subcontractors shall identify themselves on any attendance sheet or any coordination documents they may review. Electronic mail signature blocks shall identify their company affiliation. Where practicable, Contractor/subcontractors occupying collocated space with their Government program customer shall identify their workspace area with their name and company affiliation, or at a minimum, "Contractor" after name.

5 Specific Tasks

5.1 PROGRAM MANAGEMENT PLAN

The Contractor shall submit a draft Program Management Plan (PMP) to the COR via email prior to the kickoff meeting Upon receipt of CORs comments, the Contractor shall incorporate the comments and submit the final draft no later than 7 business days after receipt of comments. The PMP shall address all requirements contained in this PWS and define a detailed plan and schedule for the program throughout the periods of performance. The PMP shall show the processes by which the Contractor shall assist HUD in meeting its goals.

The PMP shall at a minimum include the following:

Daily tasks and activities that shall be performed.

Monthly tasks and activities that shall be performed.

Describe the planned deliverables schedule/process after task assignment.

Performance Standards

a) Standard: Draft Project Management Plan (PMP) outlining the Contractors approach shall be delivered at the Kickoff Meeting AQL: Zero Deviation

b) Standard: Final Project Management Plan shall be due 7 business days after receipt of comments from the COR AQL: Zero Deviation

Deliverables

A001 Draft PMP

A002 Final PMP

5.1.1 Weekly Status Meetings & Reports

The Contractor shall meet with the COR/PM and other Government personnel weekly to review Contractor performance, requirements status, upcoming activities including actions being taken to resolve outstanding issues, apprise the Government of problems, and other related activities.

The Contractor shall provide the COR/PM with the minutes of these meetings that includes attendance, issues discussed, decisions made, and action items assigned, within two (2) business days following the meeting.

The Contractor shall develop and provide a Weekly Status Report to the COR/PM via electronic mail by the first day of each work week containing the following information:

A summary of all Contractor work performed An assessment of technical progress Schedule status Any Contractor concerns or recommendations.

Performance Standards

a) Standard: The contractor shall meet with the COR/PM and other Government personnel weekly.

AQL: May be adjusted during holidays.

b) Standard: The contractor shall provide the COR/PM with the minutes of these meetings that includes attendance, issues discussed, decisions made, and action items assigned, within two

(2) business days following the meeting.

AQL: Zero Deviation

c) Standard: The contractor shall develop and provide a Weekly Status Report to the COR/PM via electronic mail by the first day of each work week containing the required information.

Deliverables A005 Weekly Status Report

5.1.3 Quarterly Status Reports

The contractor shall provide a summary status of their investigation which shall include the following:

Which data sources they are investigating Interview status.

Issues with Data Sources (i.e. quality) Problems with gaining access to data, policies, procedures, practices and/or personnel General roadblocks in completing their final report.

Identify any policies, procedures, or practice that maybe a barrier Recommendation to eliminate barriers (i.e. a change in a policy, procedure, or practice)

Performance Standard:

a) Standard: The contractor shall provide a quarterly Status Report of their investigation AQL: Zero Deviation

Deliverable

Quarterly Status Report

5.2 Identification of Benchmarks and Triggers

The Contractor shall first identify benchmarks and/or statistical thresholds for determining triggers (i.e., what constitutes a trigger). The Contractor shall review and analyze HUD’s workforce data to identify trends deemed barriers to Equal Employment Opportunity (EEO) (e.g.

triggers).

The Contractor shall review and analyze HUD’s practices, policies, and procedures for their impact on recruiting, hiring, training, and adverse actions relative to protected groups under Title

VII. The Contractor shall gather data, records and provide the government with a Draft Trigger

Identification Report to the COR within 14 business days of the contract award. The Contractor shall provide the Final Trigger identification Report to the COR within 5 business days of government feedback.

Performance Standard

a) Standard: The Contractor shall gather data, records and provide the government with a Draft Trigger Identification Report to the COR within 14 business days of the contract award.

AQL: 2 additional business days

b) Standard: The Contractor shall provide the Final Trigger identification Report to the COR within 5 business days of government feedback.

AQL: 2 additional business days

Draft Trigger Identification Report

Final Trigger Identification Report

5.3 Monitoring

5.4 Investigation Planning, Preparation, and Approvals

5.4.1 Method of Investigation

The Contractor shall submit an investigative work plan to the COR after receipt of HUD’s workforce data for approval within 10 business days of receipt of HUD’s workforce data.

After approval of the investigative work plan, the Contractor shall proceed with barrier analysis systemic investigation. Methods include utilizing the following source data but not limited to:

Workforce data tables any indication of trends or problem areas revealed in a review of EEO complaints and EEO-related grievances;

Processes for Merit System Protection Board (MSPB) and Anti-Harassment climate assessment surveys of employees on workplace environment issues;

exit interview results;

focus groups of HR program staff, managers, EEO program staff, counselors, investigators, and selective placement coordinators;

input from agency employee and advocacy groups, and union officials;

available governmental reports (i.e., Equal Employment Opportunity Commission, General Accounting Office, Office of Personnel Management, MSPB, Department of Labor);

local reports in surrounding news periodicals, as well as reports found in national publications;

examinations of the workplace for evidence of a variety of barriers, such as architectural barriers; assessments of whether disability accommodation processes are functioning smoothly; and assessments of whether the agency's information technology office has the staff and resources to make various types of technology accessible to individuals with disabilities.

Or other method or combination of methods that would lead to the exposure of barriers

The method of securing testimony shall be included in the investigation work plan, but shall include:

a. Provision of proof of authorization to investigate if requested.

b. Prior scheduling, considering the preferences of witnesses.

c. Provision of alternative methods (affiant preferences shall be considered).

d. Provide the affiant the option to include additional relevant information.

e. Advise the witness immediately of the requirement to cooperate in the investigation.

If the witness fails/refuses to cooperate, the Contractor shall immediately advise the COR electronically of the witness’s failure to cooperate.

Performance Standard

a) Standard: The Contractor shall submit an Draft Investigative Work Plan to the COR after receipt of HUD’s workforce data for approval within 10 business days of receipt of HUD’s workforce data.

b) Standard: The contractor shall submit a Final Investigative Work Plan to the COR after receipt of government approval within 10 business days.

Draft Investigative Work Plan

Final Investigative Work Plan

8.1 Report of Findings

The Contractor shall provide one draft report and one final report of findings. All reports must be submitted via electronic format. In the event the data is too large to be emailed to the government the contractor shall provide a thumb drive.

The contractor shall provide the Draft Report of Findings within XX months of the date of contract award. After the government has reviewed the Draft Report of Findings and provided feedback to the contractor shall provide the Final Report of Findings within 5 business days from receipt of government approval.

Performance Standard

a) Standard: The contractor shall provide the Draft Report of Findings within XX months of the date of contract award.

b) Standard: The contractor shall provide the Final Report of Findings within 5 business days from receipt of government approval.

8.2 Report of Findings and Format

The content and format of the report of findings shall be the following but not limited to:

Authority - [recitation of legal authority] Purpose [Shall state that the report is intended as a deliberative document intended to provide HUD officials with bases for implementing recommendations provided by Contractor or actions taken independent of the Contractor’s recommendations]

Background - [description of the requirement of the MD-715] Theoretical Framework - [description of statistical benchmarks and standards, and methodologies employed] Executive Summary [Summary of all components of the report, incorporating statistical analysis, projections, findings, and recommendations] Workforce Analysis – [Text summary of HUD’s workforce by all relevant metrics (i.e., race, ethnicity, gender, grade, occupational series, etc.] Trigger Analysis – [Summary of triggers identified] Barrier Analysis – [Summary of barriers identified] Recommendations for Barrier Elimination [Summary of recommendations for barrier eliminations] Projections – [Summary of statistical projections based on assessment of current conditions]

Performance Standard

a) Standard: The contractor shall provide final report that is 100% grammatically and error free.

AQL 98% grammatical and error free