PWS_FAD_wOption DMEO.pdf

PERFORMANCE WORK STATEMENT

Equal Employment Opportunity - Final Agency Decision Services

Department of Defense Education Activity

4800 Mark Center Drive

Alexandria, VA 22350

PERFORMANCE WORK STATEMENT

FOR

EEO Services - Final Agency Decision

1. General Information and Scope of Work.

1.1 Agency: The Department of Defense Education Activity (DoDEA) is an Activity of the U.S.

Department of Defense (DoD). DoDEA provides education to military dependents world-wide in grades K-12. The schools are divided into three regions, each managed by a region director. Within each of the three regions, schools are organized into districts headed by superintendents. DoDEA operates 166 schools in 8 districts located in 11 foreign countries, 7 states, Guam, and Puerto Rico.

Schools within DoDEA are fully accredited by U.S. accreditation agencies. Approximately 13,000 employee serve 72,000 students. DoDEA includes its Headquarters in Alexandria, Virginia, and three regions, Americas, Europe, and Pacific.

1.2 Background: The DoDEA Diversity Management and Equal Opportunity (DMEO) office administers the internal discrimination complaint program for DoDEA. Part of this responsibility is to provide for the processing of Equal Employment Opportunity (EEO) discrimination complaints filed by applicants for employment and current and former DoDEA employees, conduct investigations into formal EEO complaints of discrimination and issue legally sufficient Final Agency

Decisions (FADs) on the merits of formal EEO complaints.

1.3 Scope of work:

1.3.1 The purpose to acquire services to prepare legally sufficient Final Agency Decisions

(FADs) based on the merits of formal EEO complaints. Work products must be in accordance with the U.S. Equal Employment Opportunity Commission (EEOC) regulations as set forth in 29 CFR Part 1614; and EEOC Management Directive 110

(MD-110) and applicable DoDEA guidance.

1.3.2 This Performance Work Statement (PWS) provides the guidelines and procedures for preparing FADs, and the standards of coverage and presentation for acceptable delivery, and the legal and regulatory authorities for the Contractor to conduct the work on behalf of DoDEA.

2. Requirement (Objective 1).

2.1 The Contractor shall prepare a draft FAD which discusses and analyzes all claims (accepted and dismissed claims) presented in the formal complaint, to include any amendments and/or consolidated complaints. The analysis shall consist of a presentation of facts, and recommended findings and conclusions. The analysis shall be clear, concise, logical, well-reasoned, well documented and fully supported.

2.1.1 Supporting Task

The analysis shall include all procedural and substantive issues presented and must conform to the following tasks:

(Task 1): Procedural History and Issues - This section shall provide the complainant's name, title, grade, organizational unit, basis(es), issue(s), nature of the complaint, and the procedural history of the complaint. The claims to be analyzed in the draft FAD shall be stated as accepted

(and amended) by the DoDEA in the formal complaint. Dismissed claims shall be included but noted to be addressed in a separate section of the draft FAD and the appropriateness of the dismissed claims analyzed.

(Task 2): Statement of Facts, Background Issues - This section shall provide an application of the case law to the relevant facts of the case, i.e., evidence of a prima facie case, the DoDEA's articulated non-discriminatory reason for its action(s), and evidence of pretext.

(Task 3): Applicable Law - This section shall consist of a discussion of the applicable judicial and administrative case law governing the identified claim(s).

(Task 4): Legal Analysis and Discussion - This section shall delineate the relevant and appropriate standards for the burden of proof based on the facts and circumstances for each accepted claim.

(Task 5): Conclusion, Relief, Appeal Rights, and Civil Action Notice – This section will contain statements that address the above mentioned topics.

(Task 6): When the Contractor submits the final draft FAD, DMEO may return the draft FAD to the Contractor for corrections, if needed. Upon receiving DMEO comments, the Contractor shall return the updated draft FAD to DMEO with the incorporated comments within 5 business days.

2.2 Performance Standards and Acceptable Quality Levels (Objective 1)

The following applies to Objective 1:

Performance Standard (PS1) - The following applies to Objective 1 above. The FAD must be legally sufficient as determined by the DMEO. This means that for each task, the Contractor shall provide sufficient information such that each section of the FAD contains a legally sufficient amount of information that a decision maker can use in order make a determination of the merits of the given complaint. Generally speaking, the tasks will present the necessary background data, applicable law, facts of the case and an analysis which incorporates the three part process in McDonnell Douglas

Corp. v. Green, so that a decision maker can render a decision if there was or was not discrimination.

Acceptable Quality Level (AQL 1) - 100% of tasks will be completed for each FAD.

3. Constraints.

3.1 The Contractor understands that under the terms of this contract, furnished material and documents, and all evidence and information gathered during the performance of the tasks are and remain the official property of the Government. The Contractor’s possession, use, and handling of this official property are limited to the performance of the tasks in this PWS during the period of the award and may not be retained.

3.2 The Contractor understands that the materials in the tasks contain personal information that is protected by law from unauthorized disclosure under the Privacy Act of 1974 (Public Law 93-

579), and the Contractor may become liable to the Government for any civil damages incurred as a possible result of violation of the Privacy Act.

3.3 By accepting the terms and conditions of this PWS, the Contractor certifies that they are aware that the unauthorized use of Government information is a violation of the Federal Criminal Code

(18 USC Section 1001). As set forth in 5 CFR Section 2504.16, unauthorized use is punishable by a maximum fine of $10,000, imprisonment for not more than five years, or both.

3.4 The Contractor effort for each FAD will be considered complete only upon receiving written approval by DMEO for the given FAD.

4. Government-Furnished Resources.

4.1 Within three (3) business days, the DoDEA Point of Contact (POC) will send the Report of

Investigation (ROI) to the Contractor, all documents received after the ROI was issued, the date the

FAD is requested and the reason for issuing the FAD.

4.2 A sample FAD, if needed, will be provided within three (3) business days.

4.3. Electronic Submission of Payment Request

Submit all invoices in accordance with the Defense Federal Acquisition Regulations System DFARS

252.232-7003 using the Wide Area Work Flow (WAWF) online database system. Invoices must clearly identify the work completed. Passage of time is not an acceptable measure for payment. To become a registered user, go to https://wawf.eb.mil. Additionally, training for WAWF, may be obtained by visiting http://wawftraining.com/.

Invoice Reviewer/Acceptor: Karlene Crawford

Diversity Management and Equal Opportunity (DMEO) Email Address: karlene.crawford@dodea.edu

**Contractor agrees that payment will be issued only after Agency provides final approval of the

FAD.

4.4 CONTRACTOR MANPOWER REPORTING REQUIREMENTS

The data collection functionality will transition to the System for Award Management

(https://www.sam.gov) by the end of FY20.

For additional details and updates regarding this planned transition, please see the following links; Policy and Data regarding the Inventory of Contracted Services:

https://www.acq.osd.mil/dpap/cpic/cp/inventory_of_services_contracts.html.

Status of DFARS Rule implementing SAM reporting - Case Number 2018-D063:

https://www.acq.osd.mil/dpap/dars/opencases/dfarscasenum/dfars.pdf. Please update your bookmarks with the new URL https://www.sam.gov.

5. Contract Deliverables.

Milestone/Deliverable Format Number of

Copies

PWS

Reference

Planned

Frequency

Submit

To

Draft FAD Word 1 -

Original

5.1 – 5.6 15 Calendar

Days

POC

Final FAD Word & PDF 1 -

Original

3.4, 5.1 –

5.6

Immediate upon approval

POC

mailto:William.Morales@dodea.edu https://www.acq.osd.mil/dpap/cpic/cp/inventory_of_services_contracts.html https://www.acq.osd.mil/dpap/dars/opencases/dfarscasenum/dfars.pdf

Contractor Manpower

Reporting

Via www.ecmra.mil

Database driven

4.4 All data

shall be reported no later than

October 31 of each calendar year.

Data entry via ecmra.mil

Invoicing Via WAWF 1 -

Original

4.3 Monthly POC

5.1 The Contractor shall complete the draft FAD within twenty (20) calendar days after receipt of the

ROI from the DoDEA POC. EXCEPT in the case of Mixed FAD drafts, Contractor shall complete the draft within fifteen (15) calendar days after receipt of the ROI from the

DoDEA POC.

5.2 If, due to unforeseen circumstances, an extension to prepare the draft FAD is required, the

Contractor shall contact the POC within ten (10) calendar days after receipt of the ROI to request additional time to complete the FAD. The POC will determine if an extension of time is acceptable.

5.3 The draft FAD shall be on DoDEA Headquarters letterhead and include the signature block of the current DoDEA Director. The font shall be Times New Roman 12 pitch. The margins shall be aligned to the left of the page (left justified), all case law citations shall be italicized (not underlined), and acronyms shall be spelled out the first time used and thereafter the acronym used. Paragraph indentations shall be .5, 1.0, 1.5, etc. A period and colon shall follow with two spaces. All paragraphs shall begin with A, B, C, etc., and sub paragraphs 1, 2, etc. Citations from the report of investigation shall be in the following format: Report of Investigation (ROI), Exhibit

(Ex.) or Exhibits (Exs.), page (p.) or pages (pp.) and the relevant page number(s). The FAD shall be free from typographical errors.

5.4 The Contactor is responsible under the terms of the contract for the accuracy of all information contained in the draft FAD based on the ROI.

5.5 The Contractor shall prepare the draft FAD citing all evidence by the appropriate ROI page number.

5.6 The draft FAD shall identify the complainant and witnesses by their basis membership(s) (i.e.

sex, race, age, etc.) in their affidavits and in the exhibit descriptions of those interrogatories/declarations.

5.7 The Contractor's recommended findings and conclusions are not binding on DoDEA.

5.8 If the Contractor determines the draft FAD warrants a finding of discrimination, the Contractor shall provide a brief written outline of the analysis to the DoDEA EEO Specialist with a copy to the DMEO, R&C Branch Chief, explaining the reasons for the determination based on the record evidence/ROI.

5.9 The final approved FAD shall be delivered in both WORD and PDF in electronic format.

6. Acronyms and Definitions.

Acceptable Quality Level (AQL) http://www.ecmra.mil/

Department of Defense (DoD).

Department of Defense Education Activity (DoDEA)

Diversity Management and Equal Opportunity (DMEO)

Equal Employment Opportunity (EEO)

Equal Employment Opportunity Commission (EEOC)

Final Agency Decisions (FADs)

Management Directive 110 (MD-110)

Performance Work Statement (PWS)

Performance Requirement Summary (PRS).

Point of Contact (POC)

Quality Assurance Surveillance Plan (QASP)

Report of Investigation (ROI)

7. Performance Requirement Summary (PRS).

Performance

Objective

Performance Standard AQL Inspection

Method

Submission of

FAD

Submitted on or before due date, as specified in

PWS.

No unexcused late submissions

POC tracking and review

Format Meets format requirements and includes all documentation and information to include proper grammar/spelling/English rules, as specified in

PWS.

Returned no more than one (1) time

POC tracking and review

Content Includes appropriate fact specific information, case law and ROI citations, and analysis of the law in relation to the pre- complaint, formal complaint and/or ROI.

Returned no more than one (1) time

POC tracking and review

7.1 Performance Requirement Summary

a. The Contractor’s work products shall be accurate in presentation, technical content, and adherence to accepted elements of style. Work products shall be clear and concise. Any/all diagrams shall be easy to understand and relevant to the supporting narrative.

b. All work products shall satisfy the requirements of this PWS, MD-110, and 29 CFR

1614.

8. Quality Assurance Surveillance Plan (QASP)

N/A - There is no Quality Assurance Surveillance Plan (QASP) for the contract. DoDEA will monitor the contractor’s performance based on each individual case to ensure that the contractor has performed in accordance with the performance requirements. The performance requirements define how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable quality level(s).