OHC-393-2019-0025_MLA_SOW.docx

Centers for Medicare & Medicaid Services and Master Labor Agreement Statement of Work 07/30/19

1.0 Background

The current Master Labor Agreement (MLA) between the Centers for Medicare & Medicaid Services (CMS) and the American Federation of Government Employees, Local 1923 (AFGE or the Union), became effective June 3, 2014, and will remain in effect three (3) years. In anticipation of its expiration, CMS needs to begin preparing for negotiations.

1.1 Scope

CMS requires research, analysis, and consultative services in pursuit of a new MLA including advice and guidance on Executive Order 13522 to establish a cooperative and productive form of labor-management relations. Research shall include comparison of the existing CMS MLA with the labor agreements of other government agencies and a review of Federal Labor Relations Authority negotiability case law as it applies to the existing MLA and future proposals. Analysis shall include strategy recommendations, proposal assessment and development, negotiability analyses, and litigation advice/support. Consultative services shall include training the Management Negotiation Team (MNT) on Collective Bargaining Agreement Negotiations, assistance in identifying ways in which the existing MLA can be improved as well as providing assistance and guidance in the areas of implementation, , litigation. and post-implementation MLA administration and/or enforcement of any successor MLA.

2.0 Requirements

2.1 The vendor shall provide all necessary services, personnel, training and material, equipment, facilities, managerial organization and control, and all other resources required to perform the work described herein.

2.2 The vendor shall provide labor relations negotiations training, research, analysis, and consultative services related to the expiration of the current MLA, the negotiations to obtain a new MLA (including litigation advice and support), as well as provide such consultative services for the implementation, , litigation and post-implementation administration and/or enforcment of the renegotiated MLA to include advice and guidance on the Executive Order 13522.

2.3 The services required are a comprehensive evaluation of the current CMS MLA to:

a. Collect relevant data;

b . Analyze the data;

c. Develop a short-term strategy to address negotiability issues and current management concerns (including ligitation advice/support);

d. Develop a long-term strategy to prepare for MLA negotiations; and

e. evelop a long-term strategy to address post-implementation MLA administration, litigation, and/or enforcment issues and/or to address management concerns related to the new MLA.

2.4 Contractor personnel shall work directly with the CMS Office of Human Capital, Workforce Management Group:o:

a. Solicit input from managers on management issues;

b. Identify and prioritize CMS management's MLA issues;

c. Develop factually and legally supportable solutions to address MLA issues;

d. Conduct analyses to develop appropriate CMS positions on MLA issues;

e. Perform data development and research;

f. Conduct necessary legal analysis; and

g. Formulate strategy and provide advice and assistance to address a variety of MLA and/or Union issues as needed, including issues regarding Executive Order 13522, litigation, implementation for the new MLA, and post-implementation MLA administration, litigation, and/or enforcement of any sucessor MLA.

2.5 Comparability Analysis

The contractor shall compare the CMS MLA against other agencies' agreements, as requested, for the purpose of preparing for and participating in any third party proceedings that may arise.

2.6 Negotiations

2.6.1 The contractor shall provide research, assistance, and advice during negotiations of the MLA, including such research, assistance, and advice in the following areas:

a. Negotiability of Union proposals, CMS Management proposals, and current MLA language;

b. Statutory rights/waiver requirements;

c. Limitations and/or conditions of statutory rights;

d. Contractual rights/obligations as required under the applicable statutes;

and

e. Actual and potential issues in contract implementation, interpretation, administration, enforcement, and litigation.

2.6.2 The contractor shall provide bargaining strategies and options available to the CMS negotiating team.

2.6.3. Post Negotiations - The contractor shall provide research, assistance and advice subsequent to negotiations of the new MLA as requested for MLA and/or Union issues that may arise, as requested (including any post-negotiation litigation).

2.7 Period of Performance

The period of performance as described herein shall begin September 2, 2016, continuing through September 1, 2017, on an as needed basis at an hourly rate not to exceed $250 per hour.

2.8 Contractor Personnel

Contractor personnel shall have experience in the following areas:

a. Data gathering and research, including legal research;

b. Establishing and maintaining effective relationships with labor organizations;

c. Negotiating and administering labor agreements;

d. Conferring with labor organizations and third parties on behalf of management;

e. Training on negotiations and labor relations matters; and

f. Providing guidance, consultation, and staff assistance to Management on a variety of labor relations matters.

2.9 Contractor personnel shall have expert knowledge in:

a. Personnel management;

b. Labor relations theories, principles, practices and laws;

c. Executive Orders, regulations, policies, and concepts pertaining to Federal labor relations;

d. Current issues, practices, problems, and precedents in Federal sector labor relations; and

e. Labor –management relations, collaboration and forums.

ATTACHMENT -

Deliverables and Schedule of Deliverables

Deliverables and the hours required[footnoteRef:1] to complete such deliverables shall be determined based on the number and types of research and analyses needed and on the date the information is needed. [1: Hours to be agreed upon by CMS Management and vendor. ]

Delivery Schedule

a. Respond to list of identified CMS Management issues with current MLA.

Within 14 calendar days of CMS’ request for deliverable.

b. Providing guidance on fufilling obligations under Executive Order 13522.

c. Initial report of contractor’s strategic approach, With particular emphasis on all areas where negotiability issues are expected to arise.

d. Contractor’s recommendations on all MLA issues, including negotiations, implementation, litigation, , and post-implementation enforcment of successor MLA.

e. Assistance, representation and support with all MLA issues, including negotiations, implementation, litigation, , and post-implementation enforcement of successor MLA.

Oral advice, guidance, or recommendations within 3 calendar days; written recommendations if requested within 5 calendar days of CMS request for deliverable.

Within 10 calendar days of CMS’ request for deliverable.

Oral recommendations within 3 calendar days of CMS’ request for deliverable; written recommendations, if requested, within 5 calendar days of CMS’ deliverable.

Oral advice and assistance within 3 calendar days of CMS’ request for deliverable; delivery of training, written products, submissions, or other materials within 14 calendar days of CMS’ request for such deliverables.

Note: The above deliverables list is not intended to strictly limit those deliverables normally provided by the vendor while performing comparable duties or similar work for other agencies or customers.