FMCS Institute Arbitration Course Instructors

Added: Feb 02, 2012 4:21 pm  

Request for Quote FMCS-2012-RQ-0006

FMCS Institute Arbitration Course Instructors

 

Note: The final words on this posting are "End of RFQ"

 

The FMCS Institute for Conflict Management is seeking experienced arbitrators to provide high quality, interactive, and professional instructional services for the Institute's labor arbitrator and labor advocate courses.   The Agency has made every effort, consistent with federal procurement requirements, to make this process as simple and straight-forward as possible. 

The deadline for the submission of offers is February 17, 2012 at 4:30 pm EST.  Offers should be submitted by email only in PDF format (a hard copy is not required) to Derek Karis at dkaris@fmcs.gov, with a copy to Israel Nunez at inunez@fmcs.gov.   If you have any questions regarding this RFQ, kindly submit them to Mr. Karis with a copy to Mr. Nunez at their email addresses.  Late offers will not be considered.

Contracting Officer:

Derek W. Karis

Contracting Officer/Lead Procurement Analyst

Federal Mediation & Conciliation Service

2100 K Street, N.W.  Suite 105

Washington, DC  20427

Office:                 (202) 606-5477

Blackberry:        (202) 341-4536

FAX:                       (202) 606-4254

E-mail:              dkaris@fmcs.gov

1.0          BACKGROUND

The Federal Mediation and Conciliation Service (FMCS) is a small, independent federal agency established in 1947 to promote collective bargaining, to provide workplace dispute resolution and training programs, and to ensure sound and stable labor-management relationships.  FMCS employs a small cadre of experienced labor negotiators and dispute resolution experts to mediate workplace disputes and provide relationship development training.  The Agency also provides a critical service to the labor-management community by maintaining a roster of highly qualified, independent labor arbitrators, who the parties may jointly select from lists provided by FMCS to arbitrate their contractual disputes.

Labor arbitrators must meet strict requirements, as set forth in the Code of Federal Regulations, to be listed on the FMCS roster.  See 29 C.F.R. 1404, et seq.  Accordingly, the Agency, through its FMCS Institute for Conflict Management (the "Institute"), instituted a series of courses relating to the fundamentals of becoming a labor arbitrator, as well as courses on arbitration advocacy.  The Institute currently offers a core week-long course called "Becoming a Labor Arbitrator." This course is considered essential for those aspiring to become labor arbitrators to develop the experience and acceptability needed to be chosen by the parties to resolve their contractual disputes.  In addition, the Institute offers three courses for individuals who present cases to arbitrators.  These include: Arbitration for Advocates; Arbitration for Advocates in the Federal Sector; and Evidence and Witness Examination in Arbitration.   These courses are designed to train labor advocates and to improve arbitration practice in the public and private sectors.  (See Attachment A for course descriptions.)

2.0          SCOPE OF WORK

The selected contracted instructors shall provide high quality, interactive, and professional instructional services for the Institute's labor arbitrator and labor advocate courses. Multiple awards may be made for each of the four Arbitration courses.

3.0          COURSE MATERIALS

FMCS will provide all course material and facilitate all logistical arrangements. FMCS will maintain rights to all materials provided and produced. These materials shall not be reproduced or distributed without the consent of the FMCS.

4.0          TIME AND PLACE OF PERFORMANCE

The arbitration instructional programs will be held in locations and at times determined by FMCS.  Geographic location will vary and location will be selected in FMCS's discretion based on, among other things, cost convenience of the participants. 

5.0          PERIOD OF PERFORMANCE

The four arbitrator courses will be offered on a revolving basis during the calendar year.  The core program, "Becoming a Labor Arbitrator," historically has been offered once each year in the fall months.  Enrollment for the core program has increased dramatically and the Institute is considering offering both a spring and fall core program for Fiscal Years 2012 and 2013.

It is anticipated that no more than five (5) arbitrator courses will be offered during a fiscal year.   The "Becoming a Labor Arbitrator" course will be among those offered, to allow arbitrators to meet FMCS Arbitrator roster program requirements. 

6.0          GENERAL REQUIREMENTS AND DELIVERABLES

The selected contract instructors must:

•a.       be active, practicing arbitrators

•b.      be members of the National Academy of Arbitrators

•c.       have a minimum of 15 years of arbitration experience

•d.      be able to demonstrate their status in the arbitration community

•e.      be able to demonstrate experience in delivering highly interactive and professional trainings

The scope of work to be delivered by the selected contract instructors includes, but is not limited to, the following requirements.  Selected contract instructors will be required to:

•a.       Collaborate with other contractors and FMCS staff on reviewing curriculum and course materials; course preparation; and course presentation for one or more of the Institute's labor arbitration courses;

 

•b.      Administer, correct and review student assessment tools (e.g., quizzes, exams, assignments, simulations) as required for the program;

 

•c.       Maintain proper security over all teaching materials.  Materials shall not be reproduced or distributed without prior written authorization from the contracting officer;

 

•d.      Return all reusable course materials for which the instructor has responsibility and report equipment damage, loss or inoperability;

 

•e.      Meet or discuss with the Training Specialist/Course Manager after the delivery and  provide specific recommendations concerning the course, materials, equipment, facilities, etc., as appropriate;

 

•f.        Use FMCS provided end-of-course evaluations and submit them to the Training Specialist/Course Manager via email or other correspondence method after course delivery;

 

•g.       Research current issues and prepare items to augment and supplement existing materials with recent lessons learned or late-breaking events in the arbitration community; and

 

•h.      Coordinate and seek approval for any and all changes to course curriculum.  Coordination and approval must go through the Training Specialist/Course Manager.

7.0          EVALUATION CRITERIA

The criteria listed below are presented by major category so that offerors will know which areas require emphasis in the preparation of the technical proposal.  Offerors should note that these criteria serve as the standard against which all technical information will be evaluated and serve to identify the significant matters that offerors should address in their proposals.

•1.       General Requirements

Ratings for this factor will be based on the offeror's ability to meet the general requirements outlined in the RFQ.  Ratings will also be based on an offeror's demonstration of his or her status in the arbitration community by the arbitrator's routine and regular selection by parties to contractual disputes. 

•2.       Teaching and Work Experience

Offerors shall submit a resume or other documentation addressing their work experience and teaching experience in the field of arbitration or other labor-management field.  Ratings for this factor will be based on a judgment of the degree to which the offeror demonstrates an established history of teaching and work experience in the arbitration or other labor-management field and on the offeror's ability to attract qualified students.

•3.       Quality of Interactive Teaching

Ratings for this factor will be based on a judgment of the degree to which the offeror demonstrates the ability to perform the tasks outlined in this RFQ and shall be rated against the following criteria: high quality of interactive and professional training provided; student/customer satisfaction; and documented past success and effectiveness in achieving desired training results. 

8.0          OFFEROR PROPOSAL PREPARATION INSTRUCTIONS

Offerors should provide quotes via email to dkaris@fmcs.gov and inunez@fmcs.gov no later than 4:30 pm EST February 17, 2012.  Questions regarding this RFQ may be addressed to the emails above.

Volume I shall be comprised of the following and a signed and dated cover letter agreeing to the terms of this offering which shall be addressed to the contracting officer:

•                     i.            Portfolio of Written Arbitration Awards (minimum of 3), no page limit.

 

•                   ii.            Instructor Resumes to include but not limited to the following (limited to ten pages with a standard readable font):

•a.       Proof of 15 years of arbitration experience

•b.      Proof of current active arbitration practice

•c.       Proof of relevant teaching  experience

 

•                  iii.            Portfolio Identifying Training Experience/Capabilities (items below are suggestions and not requirements)

•a.       Training Material

•b.      Course Evaluation

•c.       Student Testimonials

•d.      Audio or visual of instructional presentation

 

•                 iv.            References of Training Capabilities (minimum of 3)

Volume II, Pricing. This is a fixed-price award.  Arbitrator/instructors will be paid $1600.00 per 8 hour training day, and $1600.00 per curriculum review day (prorated to number of hours needed as agreed to by FMCS). Travel, transportation, meals and lodging will be reimbursed up to the prevailing daily government GSA rates. Travel time will not be reimbursed. The price for each course will be determined by using the above amount times the number of days per course plus actual travel expenses. If the number of training days for a course change the amount will change either up or down based on the actual number of days for the course. The courses will be in eight hour increments.

 

9.0          BASIS FOR AWARD

 

Award will be made to offerors best meeting the evaluation criteria set forth above.  All evaluation criteria will be given equal weight in the evaluation.

 

 

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Attachment A - Description of Courses

The FMCS Institute for Conflict Management provides centralized classroom training in mediation, arbitration, negotiations, facilitation, and various conflict management topics.  FMCS Institute courses draw participants from both labor and management in many industries.  Courses are offered at different locations across the United States.  The FMCS Institute charges enrollees for participation in all the courses.

Becoming a Labor Arbitrator

This course five-day course is geared toward labor-management practitioners with substantial experience in industrial, labor and employment relations who wish to become labor arbitrators.

Topics Include:

• 
  
• The law of arbitration
  
• Arbitration, practice, scheduling and pre-hearing procedures
  
• Conducting the hearing, issues framing, witnesses and records
  
• Evidence
  
• Award and opinion writing
  
• Ethics
  
• FMCS arbitration policies and procedures
  
• Building a practice
  
• Application process to the FMCS Roster of Arbitrators
  

Arbitration for Advocates

This intensive, three-day program is designed to enhance the arbitration skills of experienced labor relations practitioners -- union business agents and stewards, personnel managers and analysts, and attorneys -- for both labor and management. Private and public sector representatives will both benefit.

Topics Include:

• 
  
• Educating the arbitrator prior to hearing
  
• Opening the case with a winning statement
  
• Structuring the order of proof
  
• Proving negotiating history and past practice
  
• Making and responding to evidentiary objections
  
• Examining witnesses
  
• Offering relevant prior precedent
  
• Relying on external law to strengthen your position
  
• Seeking and opposing uncommon remedies
  
• Crafting effective closing arguments and post-hearing briefs
  

 

Arbitration for Advocates in the Federal Sector

This intensive, three-day program is designed specifically for labor practitioners in the Federal sector. This course enhances the arbitration advocacy abilities of experienced labor relations practitioners, union business agents, stewards, personnel managers, analysts, and attorneys -- for both labor and management.   A major emphasis of this program will be a review of substantive and procedural case-handling issues, using hypothetical situations in an interactive format.

Topics Include:

Opening the case with a winning statement
Structuring the order of proof
Proving negotiating history and past practice
Making and responding to evidentiary objections
Examining witnesses
Remedies in the Federal sector, including the Back Pay Act
Crafting effective closing arguments and post-hearing briefs
Post Award Procedures 

Evidence and Witness Examination in Arbitration

This new two-day course offering a special emphasis on evidence and witness examination in labor arbitration expands upon the Institute's basic course on Arbitration for Advocates. Designed for those who have had some experience in labor arbitration, the course also should be helpful to those advancing to more complex disputes.

Topics include:

Anticipating problems of proof
Preparing witnesses for direct examination
Cross-examining adverse witnesses
Demonstrating negotiating history and past practice
Using subpoenas to obtain documents
Making and responding to objections
Applying the hearsay rule and its exceptions
Laying a foundation and introducing exhibits
Drawing inferences
Crafting demonstrative evidence
Referring to prior inconsistent statements
Qualifying expert testimony
Refreshing witness recollection

End of RFQ