B -- REVIEW AND ANALYSIS FOR FINAL AGENCY DECISIONS (FADS)

Notice Date

April 18, 2001

Contracting Office

Department of the Interior, Minerals Management Service, Procurement Operations Branch, MS2500, 381 Elden Street, Herndon, Virginia 20170-4817

ZIP Code

20170-4817

Solicitation Number

1435-01-01-RP-31155

Response Due

April 26, 2001

Point of Contact

Bill Thomas, 703-787-1365, ThomasW@MMS.Gov

Description

See Note 1: The Defense Contract Audit Agency has a requirement for the review and analysis of complaint files and preparation of the recommended Final Agency Decisions (FADs) on the merits of complaints of discrimination. This requirement is being issued by Gov.Works under the franchise authority of the Department of the Interior (DOI) on behalf of the Defense Contract Audit Agency (DCAA). Equal Employment Opportunity Commission (EEOC) regulations provide for the issuance of final Agency decisions (FADs) within 60 calendar days of receipt of a complainant's request for such a decision for typical complaints and within 45 days of the receipt of issuance of the Report of Investigation for mixed-case complaints s (those appealable to the Merit Systems Protection Board). Only the Agency EEO Officer is qualified to write final Agency decisions and because of the continuing heavy workload, it has become necessary to look outside the Agency for support to write final Agency decisions. Therefore, it has been determined that there is a need for professional EEO services for writing FADs for multiple allegations and complaint issue cases. Gov.Works/DOI intends to issue one or more indefinite-quantity/indefinite delivery (ID/IQ) type contracts for the FAD Writer Services for DCAA. Since this is a multiple award solicitation, two or more contracts are anticipated to be issued. Each offeror receiving a contract will be given a fair opportunity, as prescribed in FAR 16.505(b), to submit a proposal for individual task orders. This competitive process will be simplified in order to facilitate the order process and prevent undue administrative burden upon the Contractor and the Government. All offerors must be able to qualify under the North American Industry Classification System (NAICS) code 561990 (All Other Support Services), size standard $5 million. Contractor employees will be required to meet all security and safety regulations pertinent to the work location. The duties associated with this contract have been determined to be non-critical sensitive, in accordance with DoD 5200.2-R, DoD Personnel Security Program. Contractor employees for the statement of work will be designated as non-critical sensitive and will require at a minimum a favorably adjudicated National Agency Check. Only U.S. citizens may be assigned work pursuant to this contract. Therefore, those appointed will be required to provide proof of citizenship. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 97-20. The following provisions and clauses apply to this acquisition: 1) 52.212-1, Instructions to Offerors-Commercial (OCT 2000); 2) 52.212-4, Contract Terms and Conditions-Commercial Items (APR 1998), with an addendum; and 3) 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (AUG 2000); 4) 52.224-2, Privacy Act (APR 1984). DESCRIPTION OF REQUIREMENTS -- The contractor shall review and analyze complaint files and prepare recommended final Agency decisions (FADs) on the merits of complaints of discrimination. The FADs will be submitted in draft, will be prepared in accordance with the format provided to the contractor by DCAA and will include, at a minimum, the following elements: 1)A statement of the claims for which the decision is being rendered; 2) Background information on the complaint; 3) Legal framework for the decision; 4) An analysis and determination on whether the complainant has established a prima facie case of discrimination for each claim in the complaint; 5) A detailed analysis and presentation of the findings for each claim in the complaint; 6) For each claim, a determination on whether discrimination was found; 7) Where discrimination is found, a statement on the relief to be granted to the complainant; 8) A statement of the complainant's appeal rights; 9) For separate complaints filed by one complainant, a single, consolidated FAD is to be prepared which must include all of the above points for each for each complaint/claim in the complaint. The contractor will be required to prepare a draft of each FAD in the proper format and submit it, on diskette, for the DCAA Project Official to review. The DCAA Project Official will review the draft FAD and request a telephonic briefing on any findings that are not clear in the draft FAD. During these briefings, the contractor will be required to fully support the recommended findings. During or after these briefings, the DCAA Project Official may require additions and/or changes to the draft FAD; the contractor will incorporate these additions/changes into the final recommended FAD. The contractor will provide the Agency with a diskette containing the agreed-upon final version of the FAD. Changes to the FAD are to be included in the price of per complaint that is bid -- there is to be no additional cost for making changes to draft FADs. In the event a finding of discrimination is recommended, the contractor will be required to brief the DCAA Project Official, the deciding official, and any other individuals deemed appropriate, on the facts of the case, including those facts that support a finding of discrimination. For this briefing, the contractor will be required to prepare briefing materials such as executive summaries and charts or diagrams. These briefings will be priced separately, based on the contractor's bid. During or after these briefings, the DCAA Project Official may require additions and/or changes to the draft FAD; the contractor will incorporate these additions/ changes into the final recommended FAD there is no additional cost for making changes to the draft FAD. If there are no questions on the draft FAD, and there are no anticipated findings of discrimination, no briefings will be required and the Agency will accept the draft as the final recommended FAD. Briefings -- An entrance briefing between the contractor and the authorized DCAA Project Official shall be held at the start of the contract period; this briefing may be held either telephonically or at DCAA Headquarters, whichever is deemed most appropriate. After review of the draft FAD, the DCAA Project Official may request a telephonic briefing with the contractor to discuss the draft FAD (see above). During these briefings, the contractor will be required to fully support the recommended findings. Thereafter, the DCAA Project Official may require changes to the recommended FAD. These briefings are included in the price of per complaint that is bid there is to be no additional cost for these telephonic briefings. When a finding of discrimination is recommended, the contractor shall brief the DCAA Project Official, the deciding official, and any other individuals deemed appropriate, on the facts of the case, including those facts that support a finding of discrimination. For this briefing, the contractor will be required to prepare briefing materials such as executive summaries and charts or diagrams. These meetings will be scheduled in advance, on a mutually agreeable date, and will be held at DCAA Headquarters, Fort Belvoir, VA. These briefings are not included in the price per complaint. They will be priced separately at a fixed rate per briefing (inclusive of travel costs). DELIVERABLES -- A draft recommended FAD in the proper format shall be submitted, on diskette, for the DCAA Project Official to review. If changes are required by the Agency, a final recommended FAD will be submitted to the Agency. If changes are not required, the draft FAD will be accepted as the final. In cases where the recommended finding is one of discrimination, the individual who prepared the FAD will be required to brief Agency officials on the complaint and the facts that support a finding of discrimination. These will be conducted using briefing materials such as executive summaries and charts or diagrams. These meetings will be scheduled in advance, on a mutually agreeable date, and will be held at DCAA Headquarters, Fort Belvoir, VA. DCAA reserves the right to review all deliverables for quality and completeness, and accept or reject them. The contractor shall submit the draft FAD within thirty (30) calendar days of the date the complaint package is received by the contractor, unless the DCAA Project Official and the contractor agree, in advance, to a different timeframe. The final FAD shall be submitted within ten (10) calendar days of the date the changes are requested by the DCAA Project Official. The timing of briefings on recommended findings of discrimination will be agreed-upon when the need for such a briefing is identified. PROPRIETARY/SENSITIVE DATA REQUIREMENTS -- The data processed within DCAA offices is considered proprietary and/or sensitive and therefore cannot be used to solicit or benefit other work by the contractor. All personnel assigned to perform work associated with this contract shall be required to sign a non-disclosure of proprietary or sensitive information agreement and are subject to the security requirements of the statement of work. All records received, created, used, and maintained by the contractor for this effort shall be protected as sensitive data, in accordance with Government laws, to include the Federal Acquisition Regulation (FAR) Part 24 and shall be returned and provided to the Government upon contract completion. Records shall be maintained in accordance with the DCAA Manual 5015.1, Files Maintenance and Disposition Manual. All data created for Government use and delivered to, or falling under the legal control of the Government are Federal records and shall be managed in accordance with records management legislation as codified at 44 U.S.C. Chapters 21, 29, 31, and 33, the Freedom of Information Act (5 U.S.C. 552), and the Privacy Act (5 U.S.C. 552a), and shall be scheduled for disposition in accordance with 36 CFR 1228. As prescribed in FAR 24.104, under the Privacy Act (Apr 1994) the contractor shall comply with clauses 52.224-1 and 52.224-2. Clause 52.224-1 specifically states that when the design, development or operation of a system of records on individuals in required to accomplish an agency function, the contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 930579, December 31, 1994 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. GOVERNMENT FURNISHED MATERIALS -- DCAA shall make required reference materials available, either by providing the address of an Internet site where the information can be obtained or by providing hard copies of requested reference materials via mail. When requested by the contractor and agreed-upon by the DCAA Project Official, DCAA will supplement the Report of Investigation. DCAA will provide copying support for briefing materials required during the contractor's briefing on recommended findings of discrimination, provided those briefing materials are furnished to the DCAA Project Official at least two (2) work days prior to the briefing date. CONTRACTOR FURNISHED ADMINISTRATIVE AND CLERICAL SUPPORT -- Work shall be performed at the contractor's site. The contractor is responsible for typing support and preparing recommended FADs using Microsoft Word. If typing support personnel are different than the contractor, support personnel shall meet the same security requirements delineated in section 1.3 of this statement of work and shall also be required to sign a non-disclosure agreement. The contractor shall provide computer equipment, supplies, and work space. Briefings on recommended findings of discrimination shall be performed at DCAA Headquarters, Fort Belvoir, VA. The contractor is responsible for preparation of all briefing materials, as well as providing the required number of copies of any briefing materials not furnished to the DCAA Project Official at least 2 work days prior to the briefing date. PERSONNEL QUALIFICATIONS -- The contractor must: 1) Be experienced in writing FADs for complaints of differing natures and varying complexity for a federal government agency operating under 29 CFR Part 1614; 2) Have experience that includes writing FADs for consolidated complaints, complaints with multiple related and unrelated claims of discrimination, and complaints with continuing violation claims, including claims of harassment; 3) Have in-depth knowledge of Equal Employment Opportunity Commission procedures, discrimination complaint law, and burdens of proof in discrimination complaints; 4) Have a demonstrated capability to analyze investigative files in order to prepare a FAD that includes all of the elements identified in the above description of requirements; 5) Have a demonstrated capability to identify insufficient investigative files and identify documentation required to supplement those files when necessary in order to prepare a FAD that addresses the claims in the complaint; 6) Have a demonstrated ability to provide well-written, understandable, and well-supported FADs that include all of the elements identified in the above description of requirements; 7) Be able to support the recommended FAD, if challenged, and have experience briefing Agency officials on recommended findings of discrimination. TRAVEL -- DCAA is vested with the sole authority of deciding what/which temporary duty travel, to include exact time and location, shall be required. All temporary duty travel will be conducted in accordance with FAR 31.205-46. Local travel shall be at the contractor's expense and shall not be billable to this effort or to the Government. REPORTING REQUIREMENTS -- The timeframe and project status reporting shall be determined and agreed upon by DCAA and the contractor. LEVEL OF EFFORT -- Writing the FAD: A FAD may be for a single complaint or may be for multiple complaints filed by a single individual. (Complaints are identified by a distinct complaint number one number per complaint.) Many DCAA complaints contain multiple claims of discrimination and may include continuing violation claims, such as claims of harassment or failure to provide performance counseling and feedback. For this reason, the pricing is on a per-complaint basis. The pricing per complaint will be calculated using a base price for a complaint with 1-3 claims, and allowing a per-claim charge for each additional claim of discrimination beyond 3. This price will include preparing the recommended FAD, briefing the DCAA Project Official on recommended findings of no discrimination, when necessary, and making any changes to the FAD directed by the DCAA Project Official. The contractor and the DCAA Project Officer shall agree to the number of complaints in each FAD and the number of claims in each complaint prior to work commencing on the FAD. That agreement shall result in a firm fixed price for that FAD, based upon the established schedule. Cost shall not exceed rates established in the contract. Briefings: Briefings on recommended findings of discrimination are priced separately at a fixed rate per briefing. This fixed rate is inclusive of all costs associated with the briefing, including preparation and travel costs. Total Cost of Contract: The estimated contract cost shall not exceed $40,000 per year. This cost covers FADs on an estimated 25 complaints of discrimination with varying numbers of claims and an estimated 3 briefings on anticipated findings of discrimination. The total number of complaints for which FADs are issued is dependent upon the number of employees requesting FAD and, therefore, may vary above or below 25, the total number of claims in each complaint may vary, and the total number of briefings on recommended findings of discrimination may vary. Complaints Closed After Case FAD-writing has Commenced: In the event a complaint is withdrawn, settled, or otherwise closed after the contractor has commenced writing the FAD on that complaint, payment will be made for the work actually completed on a pro-rated basis, as agreed upon by the contractor and the DCAA Project official. Within five days of being informed that the complaint is closed, the contractor shall provide the DCAA Project official with a statement regarding the work completed, along with a copy of the report that was done up to that point. After review of this statement and documentation, the DCAA Project official and the contractor will come to an agreement regarding the amount due the contractor and this agreement will be reduced by a contract modification prepared by the contracting officer. No change to the scope of the contract shall be made except by the contracting officer. PERIOD OF PERFORMANCE -- A contract awarded as a result of this solicitation shall be for a period of one year with 4 option years beginning with the date of award. DELIVERY -- DCAA Project Official, Vicki S. O'Donnell, Agency EEO Officer, Headquarters, Defense Contract Audit Agency, 8725 John I. Kingman Road, Suite 2135, Ft. Belvoir, VA 22060-62 19, Telephone:703-767-1240. DCAA's Contracting Officer's Representative (COR), responsible for contracting issues and certifying invoices for this project is: Ms. Pat Savage, Defense Contract Audit Agency, 8725 John J. Kingman Road, Suite 2135, Fort Belvoir, VA 22060-6219, (703) 767-1037 phone, (703) 767-1011 fax. BILLING AND METHOD OF PAYMENT -- Payment will be made for only those FADs that are completed and approved or for partially finished FADs that were started and not finished because the complaint was closed prior to completion of the FAD. DCAA shall advise the contractor when a FAD has been approved. The contractor shall bill for approved FADs, based on the agreed price, on a monthly basis and payment shall be made a month in arrears. Proposal Content for Final Agency Decision-Writer Contract -- Technical and Cost Proposal Contents: A. The offeror shall prepare a technical proposal that will define in detail the offeror's capabilities and approach to meeting the requirements contained in the attached Statement of Work (SOW). The narrative with the offeror's proposal must be written in a clear, concise fashion describing precisely what the offeror proposes to do to meet those requirements. The technical proposal should include, but is not limited to the following information: 1)General technical approach to meeting the requirements of the SOW; 2) Relevant organizational experience; 3) Resumes of personnel who will be writing FADs; 4) Names and phone numbers of 3 references for whom similar work has been done. B. The offeror shall prepare a cost proposal that clearly indicates the proposed rates for (1) FADs using the per-complaint pricing method described in the SOW and (2) a briefing on recommended findings of discrimination. C. The offeror shall submit a properly redacted FAD that has previously been written by each person proposed to work on this contract. The FAD should be of moderate or high complexity, such as a harassment or other continuing violation claim or denial of reasonable accommodation. Evaluation Criteria and Award Selection -- Each offeror's proposal will be evaluated according to the factors shown below. Factor A is more important than Factors B and C. Factor B is more important than Factor C. Sub-factors listed under each factor are of equal importance to each other. A. Technical Approach; 1) Understanding of the proposed work and the execution of the proposed project; 2) Discussion of timeframes, schedule, and a

Record

Loren Data Corp. 20010420/BSOL002.HTM (W-108 SN50J681)