SS-USAB-24-029 - Intent to Sole Source.pdf

INTENT TO SOLE SOURCE

LA Board Meeting Consultant

SS-USAB-24-029

Fiscal Service Procurement on behalf of the U.S. Access Board, intends to make a firm-fixed-price award to EIN SOF Communications Inc for LA Board Meeting Consulting Services pursuant to FAR Part 6.302- 1(b)(1)(i). The Period of Performance is anticipated to be from the date of award through May 15, 2024. See the attached, draft, Performance Work Statement (PWS) for additional details.

The objective is to obtain services of a consultant specializing in enhancing the participation of people with disabilities in the entertainment industry workforce in Los Angeles, California. This specialized consultant will convene specified groups and individuals in the disability, entertainment, and public sectors for various events and meetings to be held during the Access Board’s three-day meeting in Los Angeles in April 2024.

Specifically, the Access Board is focusing this meeting largely on accessibility barriers in the entertainment industry, as well as the accessibility of major international sporting events and public transportation in Los Angeles.

Due to the sensitive nature of the principal topic of the Board meeting (i.e., addressing accessibility barriers to employment of people with disabilities in the entertainment industry), and the possibility of retaliation from employers and prospective employers, the contractor must have an existing trusted relationship with actors, writers, and producers with disabilities, and DEIA professionals at entertainment studios. In addition, for the Board to maximize its impact during its visit to Los Angeles, the contractor must have existing relationships to convene high-ranking officials from the City of Los Angeles.

The contractor must be knowledgeable about accessibility requirements to ensure that the meetings are accessible to all attendees, including individuals who are blind, individuals who are deaf, and individuals who use mobility devices.

Fiscal Service will consider written responses received no later than 12:00pm EST on Monday, November 27, 2023. Responses must include sufficient evidence that clearly shows the vendor is capable of providing the consulting services as described in the attached PWS. If no written response is received that clearly demonstrates the vendor’s ability to meet all of the salient features of the requirement, then Fiscal Service shall proceed with an award on a sole source basis to EIN SOF Communications Inc.

NO SOLICITATION IS AVAILABLE. A request for more information, or a copy of the solicitation, will not be considered an affirmative response to this Special Notice. Telephone responses or inquiries to this Special Notice will NOT be accepted.

Interested vendors shall provide the following:

1. The name and location of your company, contact information, UEI number, and identify your business size (Large Business, Small Business, Disadvantaged Business, 8(a), Service-Disabled Veteran Owned Small Business, HUBZone, etc.) based on NAICS Code 519290 size standard $1,000 Employees.

Please ensure contact information includes the name of the point of contact, email address, and telephone number should the Government have questions regarding individual responses.

2. Whether your services are available through a Government contract vehicle or Open Market.

3. A brief capabilities statement (not to exceed 5 pages) that includes a description of your company's standard line of business, as well as a list of customers your company currently provides these products/services for.

4. Complete details of your company’s product that clearly and sufficiently demonstrates that it is an equivalent product to the one stated above without pricing at this time.

Responses to this request shall be submitted by email to purchasing@fiscal.treasury.gov, including “SS-USAB-24-029 Attn: BKS/MR” in the subject line.

The following file extensions are not allowable and application materials/data submitted with these extensions cannot be considered:

.bat, .cmd, .com, .exe, .pif, .rar, .scr, .vbs, .hta, .cpl, and .zip files.

mailto:purchasing@fiscal.treasury.gov

INTENT TO SOLE SOURCE

LA Board Meeting Consultant

SS-USAB-24-029

Microsoft Office compatible documents are acceptable.

No other information regarding this Special Notice will be provided at this time.

This notice does not restrict the Government to an ultimate acquisition approach. All vendors responding to this notice are advised that their response is not a request that will be considered for contract award. All interested parties will be required to respond to any resultant solicitation separately from their response to this notice if the Government determines there is clearly an equivalent product(s) for the Bloomberg content required.

PERFORMANCE WORK STATEMENT

CONSULTATION SERVICES FOR ACCESS BOARD’S 2024 MEETING IN LOS ANGELES

U.S. TREASURY, BUREAU OF THE FISCAL SERVICE

1.0 OVERVIEW & BACKGROUND

The Access Board is an independent federal agency that promotes equality for people with disabilities through leadership in accessible design and the development of accessibility guidelines and standards.

The Access Board develops and maintains design criteria for the built environment, transit vehicles, public right-of-way, information and communication technology, and medical diagnostic equipment under the Americans with Disabilities Act of 1990 (ADA) and other laws. It also provides technical assistance and training on these requirements and enforces accessibility standards that apply to federal and federally funded facilities under the Architectural Barriers Act of 1968 (ABA). As part of its statutory mission, the Access Board promotes accessibility throughout all segments of society.

The Access Board is structured to function as a coordinating body among federal agencies and directly represent the public, particularly people with disabilities. The Access Board has a governing board of twenty-five members. Twelve of its governing board members are representatives from most of the federal departments. Thirteen others, who are appointed by the President, are members of the public, and most of them must have a disability. The Access Board also employs approximately thirty staff across four units:

Office of Executive Director, Office of Administration, Office of General Counsel, and Office of Technical and Information Services.

2.0 OBJECTIVE/SCOPE OF WORK

The objective of this contract is to obtain services of a consultant specializing in enhancing the participation of people with disabilities in the entertainment industry workforce in Los Angeles, California. This specialized consultant will convene specified groups and individuals in the disability, entertainment, and public sectors for various events and meetings to be held during the Access Board’s three-day meeting in Los Angeles in April 2024.

The Access Board will be holding various stakeholder meetings during a three-day period during the dates of April 16, 17, and 18, 2024, with travel days for participants on April 15 and 19. The Access Board seeks specialized consulting services to organize and convene specified individuals for various meetings, events, and/or site visits on April 17 and 18 (and possible additional event(s) on April 15) that will provide Access Board staff and governing board members insight into the accessibility barriers, challenges, and advances that are unique to Los Angeles. The Access Board is holding a town hall and a closed meeting on April 16th, for which contractor support is not anticipated to be required. Specifically, the Access Board is focusing this meeting largely on accessibility barriers in the entertainment industry, as well as the accessibility of major international sporting events and public transportation in Los Angeles.

During the Board meeting, Access Board personnel seeks to meet and participate in organized engagement events with locally-based organizations and individuals, including, but not limited to:

• television and/or motion picture studio representatives (specifically, Diversity, Equity, Inclusion, and Accessibility (DEIA) personnel and/or casting directors and others);

• executives and members of the Academy of Motion Picture Arts and Sciences; writers, actors, and producers with disabilities;

• other individuals involved in accessibility of behind the scenes and on-screen entertainment.

• Los Angeles government officials directly involved with accessibility, specifically representatives of organizations planning the 2028 Olympics and/or the 2026 World Cup in Los Angeles.

These meetings will need to be scheduled with appropriate personnel, gathering space and venues, and engagement formats (roundtables, panel presentations, discussions, site tours, demonstrations, etc.).

Additionally, the meeting venues must be accessible to participants with disabilities.

Due to the sensitive nature of the principal topic of the Board meeting (i.e., addressing accessibility barriers to employment of people with disabilities in the entertainment industry), and the possibility of retaliation from employers and prospective employers, the contractor must have an existing trusted relationship with actors, writers, and producers with disabilities, and DEIA professionals at entertainment studios. In addition, for the Board to maximize its impact during its visit to Los Angeles, the contractor must have existing relationships to convene high-ranking officials from the City of Los Angeles.

The contractor must be knowledgeable about accessibility requirements to ensure that the meetings are accessible to all attendees, including individuals who are blind, individuals who are deaf, and individuals who use mobility devices.

3.0 TASKS AND DELIVERABLES

TASK 1: COORDINATE ENGAGEMENTS BETWEEN ACCESS BOARD AND SPECIFIED LOCAL

ENTITIES

1. Using existing relationships in the Los Angeles disability community and in the entertainment and public sectors, as well as knowledge of accessibility issues in these industries, the contractor will identify and invite participants for the below specified meetings to be held on April 17 and 18, 2024 (and a studio visit on April 15, 2024 or another day acceptable to the USAB). The contractor may propose to Access Board staff alterative formats and/or topics for these meetings to ensure that the Access Board obtains a comprehensive understanding of the accessibility issues facing people with disabilities in the entertainment and major events industries in Los Angeles. The Access Board must agree in writing to any changes to the below list of meetings.

a. Roundtable discussion with actors, writers, and directors with disabilities to hear about accessibility barriers that affect employment in the industry.

b. Roundtable discussion, panel, or other event with television and motion picture studio executives (DEIA professionals, casting directors, accessibility coordinators, etc.) to hear about the state of accessibility in the industry and the efforts of studios to improve accessibility.

c. Tour of a transportation facility to observe either accessibility barriers or improvements.

d. Meeting with officials organizing major international events in Los Angeles, such as the LA

2028 Olympics and/or 2026 World Cup.

e. Meeting with transportation officials regarding accessibility of transportation vehicles and facilities and public right-of-way.

2. Using existing contacts with entertainment studios, the contractor will schedule a studio tour for

Access Board personnel on April 15, 2024, or on another day agreed upon with Access Board staff, pending studio availability, that will provide the Access Board with insight on the accessibility barriers specific to movie and/or television sets and other studio spaces. This tour shall include a discussion by the contractor or other knowledgeable personnel arranged for by the contractor regarding unique accessibility issues present in studios.

3. In consultation with Access Board staff, the contractor must identify appropriate venues for each meeting. The contractor must provide all relevant information to Access Board staff regarding the venue, including, but not limited to, address, seating capacity and layout, accessibility arrangements, audio-visual availability, cost, and method of payment. Once the Access Board has approved the venue, the contractor will coordinate with appropriate venue management staff to secure reservations of locations for all the meetings, ensuring accessibility of the physical and digital environments and compliance with all relevant regulations, including necessary equipment and accommodations, such as audio-visual resources. Access Board staff will provide information on disability accommodations needed with reasonable lead time before the meeting. The contractor will assist with the logistics of the payment for the venue, although the payment will be made directly by the Access Board.

Primary Deliverables

1. Provide a bi-weekly updated progress report and bi-weekly updated draft itinerary of the above described type of meetings, including confirmation of participants, venues and locations, accessibility considerations, arrival and departure points, parking information, audio-visual technology arrangements, and other information, from the beginning of the contract to the conclusion of the contract. It shall include information on placement of Communication Access Realtime Translation (CART) and American Sign Language (ASL) interpreters in the meeting space.

2. Manage meeting registration, communication with stakeholders, and attendance list.

3. By February 26, 2024, provide a Final Meeting Plan Document, which includes the final schedule of meetings as agreed upon by the Access Board and contractor, confirmation of participants and pending participations as of date, and venue information, including addresses, building layout where relevant, accessibility features (parking, elevators, restrooms, accessible route, hearing aid loops or assistive listening systems), associated parking, fees, and other information to ensure smooth arrival, participation, and departure of Access Board personnel and stakeholders.

TASK 2 – PROMOTE MEETINGS AND ACCESS BOARD PRESENCE

1. The contractor shall use existing relationships in disability and entertainment communities to develop marketing materials and strategies to promote the meetings to participants and other stakeholders. In some cases, a formal invitation letter shall be developed and submitted to prospective participants, e.g., City of Los Angeles government officials. In other cases, an invitation flyer may be appropriate to draw the interest of participants and stakeholders. The contractor will deliver invitations and marketing materials and sustain communication with participants and other stakeholders leading up to the meetings.

Primary Deliverables

1. For each meeting planned under Task #1, the contractor will draft communication materials to stakeholders, including, where appropriate, formal invitations. Access Board staff will review the marketing material and approve or request revisions within five business days. After approval, the contractor shall finalize and deliver the material to meeting stakeholders by March 8, 2024.

2. The contractor will determine, in consultation with Access Board staff, the number of invitations to be sent and will send via email finalized communication materials to participants and stakeholders.

3. The contractor shall provide updates on communication materials and participants list in the bi-weekly progress report specified in Task 1.

TASK 3 – MEETING COORDINATION

Primary Task

1. On the days of the meetings, the contractor shall ensure effective execution of all planned activities, including setup, registration, and welcoming participants. The contractor shall manage the logistics of and transitions between different activities. Throughout the meetings days, the contractor shall communicate with appropriate Access Board staff on updates, reviews, and information pertaining to logistics and execution. Access Board staff will be available for any questions and/or assistance throughout the meeting days. The consultant shall be present for and shall lead and/or moderate the meetings with entertainment industry personnel listed in Task #1 upon direction of Access Board staff. For times when the consultant is not present, the consultant shall provide personnel to execute other responsibilities in Primary Task 3.

Primary Deliverables

1. Provide event staff, including support personnel, as needed.

2. Moderate roundtable/panel discussions, as specified in the planning process with Access

Board staff.

3. Continuously monitor event activities to ensure they adhere to the established schedule and plan.

4. By March 25, 2024, provide a Run of Show Document for each meeting for key Access Board personnel that includes all event information, including but not limited to timing, transitions, speaker schedule, speaker info, A/V information, and information on placement of Communication Access Realtime Translation (CART) and American Sign Language (ASL) interpreters in the meeting space.

5. By March 25, 2024, provide an agenda for each meeting to be distributed to all participants.

6. By April 17, 2024, provide clip-on, lanyard or magnetic name badges for Access Board personnel and key meeting participants.

7. Prepare and send “thank” you emails and “next step” emails, developed in collaboration with

Access Board staff, by April 30, 2024. “Next step” content shall recap notable discussion points at the meetings and initiate potential collaboration and partnership between the Access Board and stakeholders beyond the duration of the contract.

4.0 PLACE OF PERFORMANCE

The contractor will perform planning and preparation work in its own space, using its own equipment. The contractor will secure the venues for the above described meetings in consultation with Access Board staff.

The Access Board will pay the venue directly for fees associated with the use of the venue.

5.0 PERIOD OF PERFORMANCE

The period of performance shall be from the date the contract is awarded until May 15, 2024.

6.0 ACQUISITION TYPE

This requirement will result in a fixed-price award, and the award will be inclusive of all travel costs in accordance with the Federal Travel Regulation.

7.0 KEY PERSONNEL CONTACT(S) AND QUALIFICATIONS

The contractor shall provide a consultant who has extensive experience and relationships in the area of employment for people with disabilities in the entertainment industry in Los Angeles. This consultant shall have experience in collaborations with and services to media entities, state and local government agencies, disability organizations, and individuals with disabilities. The contractor shall have an extensive depth of knowledge of barriers to employment for people with disabilities in the entertainment industry. The consultant shall be knowledgeable about accessibility requirements to ensure that the meetings are accessible to attendees, including individuals who are blind, individuals who are deaf, and individuals who use mobility devices. The consultant shall serve as the contractor’s primary point of contact.

The contractor shall provide personnel to assist in the planning and operations of the events discussed in this PWS. The contractor shall provide a list of the team members, including biographies and/or resumes for all team members.

8.0 KEY PERSONNEL REPLACEMENT PROCESS

Key personnel may, with the consent of the contracting parties, be amended from time to time during the course of the contract to add or remove key personnel. A formal modification is only required when the key personnel are specifically named in the contract. This process only applies to the extent that the contract does not otherwise specify notice or personnel replacement obligations.

Government Request

The Government may require replacement of key personnel in the instance of non-performance, misconduct, or alleged misconduct whose continued use under a contract is contrary to the best interests of the Government. Circumstances that support a request for replacement include but are not limited to performance that is inconsistent with the contract performance work statement (PWS), terms and conditions, or violations of Federal laws, regulations, or agency conduct standards. The Contracting Officer’s Representative (COR) will give written notice to the Contractor of the need for substitution, including the circumstances surrounding the request for replacement. In accordance with FAR Part 1.602- 2(b), the Contracting Officer (CO) will ensure the Contractor receives impartial, fair, and equitable treatment;

however, the CO is not required to investigate or validate allegations or wait until a final resolution of the circumstances surrounding the request for replacement before requiring substitution of key personnel.

Within twenty four (24) hours of receiving notice, the Contractor shall respond to the Government’s request to replace key personnel and provide key personnel replacement resume(s) to the COR(s). The resume(s) shall demonstrate that the qualifications of proposed replacement key personnel meet the qualifications stated in the PWS. The COR will notify the Contractor, in writing, within forty-eight (48) hours of receiving key personnel replacement resume(s) if the Contractor provided replacement personnel is acceptable. The Government reserves the right to disapprove the proposed substitute(s) and negotiate with the Contractor for other key personnel replacement(s). Any Contractor replacement of key personnel must be done in consultation with the COR. The process for replacing key personnel as described above does not suspend the Contractor’s obligation to continue performance under the contract.

Contractor Request

If the Contractor must substitute key personnel, the Contractor shall provide written notice to the COR and the CO two (2) calendar weeks before the proposed replacement date, whenever possible. At a minimum, the Contractor shall provide the Government with notice forty-eight (48) hours before replacement. The only exception to the forty-eight (48) hour notice is death, incapacitation, abrupt termination, or resignation from employment of key personnel where the Contractor’s notice was less than forty-eight (48) hours. If the deadline for providing notice falls on Friday after 5:00 pm, a weekend, or on a Federal Holiday, the Contractor shall provide notice the next business day if more than forty-eight (48) hours. The notice shall state the circumstances necessitating the proposed substitution of the key personnel and shall provide resume(s) of proposed replacement key personnel for review and consultation. The Contractor shall demonstrate that the qualifications of the proposed substitute(s) meet the qualifications stated in the PWS.

The Government reserves the right to disapprove the proposed substitute(s) and negotiate with the Contractor for other key personnel replacement(s). Assignment of key personnel must be done in consultation with the COR.

9.0 OTHER REQUIREMENTS

Suitability Clearance

Upon award of the contract, and prior to the contractor or subcontractor personnel performing any services for the first time, the contractor shall present those personnel to the COR and follow the COR’s instructions regarding security requirements.

Compliance with Government Laws, Rules, and Regulations

The contractor is responsible for compliance with all laws, rules, and regulations governing conduct with respect to health and safety—not only as they relate to its employees and agents, but also to other personnel who are government employees or agents of the government and to property at the site regardless of ownership.

Confidentiality

The contractor recognizes that, in performing under this award, the contractor may obtain access to nonpublic information that is confidential or proprietary in nature. Except as permitted by the award, the contractor agrees that it, its employees, its subcontractors, and its subcontract employees shall not disclose to any third party, or otherwise use, any information it obtains or prepares in the course of performance of this agreement for any purpose other than to perform work under the order without first receiving written permission from the contracting officer (CO). The contractor shall secure information received from or prepared or gathered for the Access Board under this order in a secure location with access limited to only those personnel with a “need to know.” If disclosure of information is required by law or legal process, the contractor shall contact the COR and the CO immediately to receive approval prior to release of any information. Notwithstanding any other language contained herein, the contractor shall comply with 31 CFR § 31.217. (Regarding 31 CFR § 31.217, this is not a TARP covered project; however, FAS requires that nonpublic information be secured as stated in 31 CFR § 31.217. The only difference is that if information is inadvertently released, the contractor shall immediately notify the COR and CO listed in the award and not contact TARP personnel).

Non-Personal Services Statement

Contractor employees performing services shall be controlled, directed and supervised at all times by management personnel of the contractor. Contractor employees shall perform independent of and without the supervision of any Government official with the exception of when they are onsite. Actions of contractor employees may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying federal policy, obligating the appropriated funds of the U.S. Government, overseeing the work of federal employees, providing direct personal services to any federal employee or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR).

Conduct

The contractor, although in fact not a Government employee, shall comply with Executive Order 11222, May 8, 1965, "Prescribing Standards of Ethical Conduct for Government Officers and Employees," and shall also comply with Fiscal Service regulations implementing this Executive Order. Additionally:

1. The contractor shall maintain satisfactory standards of the employee competency, conduct, appearance, and integrity.

2. The contractor shall take appropriate disciplinary action against his/her employees when necessary.

3. Each contractor employee is expected to adhere to standards of conduct that reflects credit on themselves, their employer, and the Government.

4. The Government reserves the right to direct the contractor to remove an employee from the work site for failure to comply with the standards of conduct.

5. The contractor shall initiate immediate action within 48 hours to replace a removed employee to maintain continuity of services at no additional cost to the Government.

10.0 CONTRACTING OFFICER AUTHORITY

In no event shall any understanding or agreement between the contractor and any Government employee other than the CO on any order modifications, change orders, letter or verbal direction to the contractor be effective or binding upon the Government. All such actions shall be formalized by the proper contractual document executed by the appointed CO. The contractor is hereby put on notice that if a Government employee other than the CO directs a change in the work to be performed or increases the scope of work to be performed, it is the contractor’s responsibility to make inquiry of the CO before making the deviation.

Payments will not be made without being authorized by the appointed CO with the legal authority to bind the Government.

11.0 FEDERAL HOLIDAYS

Fiscal Service observes the Federal holidays that are listed below and on the Office of Personnel Management website at https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/holidays-work-schedules-and-pay/. Except as specified by the CO, services shall not be required on the following Federal holidays:

New Year’s Day, January 1 Inauguration Day (Washington, DC only), January 20

Martin Luther King’s Birthday, third Monday in January President’s Day, third Monday in February

Memorial Day, last Monday in May Juneteenth, June 19

Independence Day, July 4 Labor Day, first Monday in September

Columbus Day, second Monday in October Veterans’ Day, November 11

Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/holidays-work-schedules-and-pay/ https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/holidays-work-schedules-and-pay/

Holidays falling on Saturdays are observed the Friday proceeding the holiday, while those falling on Sundays are observed on the Monday following the holiday. Holidays shall also include any additional day(s) granted by executive order.

12.0 QUALITY CONTROL PLAN

The contractor shall establish a complete quality control plan, or QCP, for this contract. The QCP shall be maintained by the contractor to ensure that the requirements of the contract are met as specified in the Quality Assurance Surveillance Plan described below.