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BUSINESS AND CAREER OPPORTUNITIES BIDS AND PURCHASES

SOURCE:  Kentucky Procurement Assistance Program / Kentucky Small Business Development Center (KSBDC) 

NOTE:  all information relating to this specific contracting opportunity should be verified with the issuing agency. For any other assistance, contact the KSBDC via email at bidmatch@ksbdc.org

FedBizOpps – Procurements

Department of Health and Human Services, Program Support Center, Division of Acquisition Management, 12501 Ardennes Avenue Suite 400 Rockville MD 20857

R — IHS EEO Services IHS0001 102414 Michael Fischer, Contract Specialist, Email michael.fischer@ihs.gov Equal Employment Opportunity (EEO)
Indian Health Services
Sources Sought

This is a Small Business Sources Sought notice. This is NOT a solicitation for proposals, proposal abstracts, or quotations. The purpose of this notice is ONLY to invite qualified socio-economic firms to submit capability statements demonstrating the ability to provide the services listed below.  To be included in the capability statement, firms shall include information regarding: (1) the availability and capability of qualified small business sources; (2) whether they are small businesses; HUB Zone small businesses; service-disabled, veteran-owned small businesses; 8(a)dept of health and human services small businesses; veteran-owned small businesses; woman-owned small businesses; or small disadvantaged businesses; and (3) their size classification relative to the North American Industry Classification System (NAICS) code for the proposed acquisition. Your responses to the information requested will assist the Government in determining the appropriate acquisition method, including whether a set-aside is possible. An organization that is not considered a small business under the applicable NAICS code should not submit a response to this notice.

Background
Federal government agencies, in conjunction with the U.S. Equal Employment Opportunity Commission (EEOC), have the responsibility to prohibit discrimination within the civil service on the basis of race, color, religion or religious accommodation, sex, national origin, age, disability or disability accommodation, genetic information, reprisal for opposition to discrimination or participation in the complaint process, and sexual orientation.
Commissioned Corps Officers of the U.S. Public Health Service are not covered under the Equal Employment Opportunity (EEO) laws or subject to the provisions of Title 29 Code of Federal Regulations (C.F.R.) §1614. However, Commissioned Corps Personnel Manual, INSTRUCTION 6, Subchapter CC26.1, “Equal Opportunity: Discrimination Complaints Processing” establishes the rights of Commissioned Corps Officers to be free from discrimination and retaliation.
Complaints of EEO discrimination alleged by employees of federal agencies or applicants for federal employment covered by Title 29 C.F.R. § 1614 and any subsequent law, statute, regulation, or directive are included within the scope of this Statement of Work (SOW). Commissioned Corps Officers of the U.S. Public Health Service covered by the Commissioned Corps Personnel Manual, INSTRUCTION 6, Subchapter CC26.1, “Equal Opportunity: Discrimination Complaints Processing” are also included within the scope of this Statement of Work.
Objectives

Title 29 CFR Part 1614 requires federal agencies to develop and implement equal employment opportunity programs and complaint processing procedures. EEOC Management Directive EEO MD-110 implements the requirements of 29 CFR Part 1614. Federal agencies perform a portion of the required EEO services in house. This statement of work will outline the roles and responsibilities of each party when the Ordering Agency (Agency) needs to contract out investigative, EEO counseling, Alternative Dispute Resolution (ADR), and drafting Final Agency Decision (FAD) functions.

Scope of Work

Investigations of Formal EEO Complaints
The Agency will issue the case assignment to the Contractor. Three types of discrimination complaints may be investigated; the categories are: individual, consolidated, and class complaints. Regardless of the type of discrimination complaint, the investigation is usually performed in four major phases: (a) preparing for the investigation; (b) securing testimony; (c) obtaining documentary evidence and developing statistical information; and (d) preparing the investigative file. The Contractor shall perform work in accordance with the revised and most current editions of applicable laws, regulations, and executive orders that pertain to each case assignment issued under this contract and provided by the Agency to the Contractor.
Counseling of EEO Informal Complaints
The Agency will issue the case assignment to the Contractor. Three types of discrimination complaints may be counseled; the categories are: individual, consolidated, and class complaints. Regardless of the type of discrimination complaint, the EEO Counseling is usually performed in four major phases: (a) Interviewing the Counselee, Responsible Management Official(s) (RMO), and witnesses; (b) framing the claims and drafting management’s and witnesses’ responses to the claims; (c) obtaining documentary evidence and statistical information; and (d) preparing the counseling report and related documents. The Contractor shall perform work in accordance with the revised and most current editions of applicable laws, regulations, and executive orders that pertain to each case assignment issued under this contract and provided by the Agency to the Contractor. The Contractor will also use, unless otherwise indicated by the COR, documents and forms provided by the Agency.
Alternative Dispute Resolution (ADR)
The Agency will determine when an aggrieved person or complainant is to be referred to the Contractor for ADR services. Three types of discrimination complaints may be referred; the categories are: individual, consolidated, and class complaints. Regardless of the type of discrimination complaint, the Alternative Dispute Resolution (ADR) is usually performed in six major phases: (a) Reviewing the Agency dispute file; (b) Developing an ADR Action Plan; (c) Setting up Meetings/Caucuses between the Parties; (d) Reviewing the ADR process with the Parties; (e) Identifying the issues; and either (f) Assisting the Parties in putting a proposed settlement agreement in writing and develop a draft settlement agreement or notifying the Parties if efforts to settle the dispute have been unsuccessful. The Contractor shall perform work in accordance with the revised and most current editions of applicable laws, regulations, and executive orders that pertain to each case assignment issued under this contract and provided by the Agency to the Contractor. The Contractor will also use, unless otherwise indicated by the COR, documents and forms provided by the Agency.

Drafting a Final Agency Decision
The Agency will issue the case assignment to the Contractor. Three types of discrimination complaints may require written FADs; the categories are: individual, consolidated, and class complaints. Regardless of the type of discrimination complaint, the FAD is usually performed in four major phases: (a) reviewing the Report of Investigation (ROI); (b) Drafting a presentation of facts; (c) conducting and drafting a legal analysis of the claims based on the information and evidence in the ROI; and (d) drafting recommended findings, conclusions, and, if applicable, appropriate remedies. The Contractor shall perform work in accordance with the revised and most current editions of applicable laws, regulations, and executive orders that pertain to each case assignment issued under this contract and provided by the Agency to the Contractor. The Contractor will also use, unless otherwise indicated by the COR, documents and forms provided by the Agency.
Investigation of Discrimination Complaints and Preparation of Reports of Investigation
The purpose of this subsection is to obtain Reports of Investigation in conformance with the standards established by the Equal Employment Opportunity Commission. Investigations shall be performed to identify and obtain evidence from all relevant sources and gather sufficient information, relevant to the accepted issues in the complaint, to determine the validity of the allegations. If the Agency determines a violation of the applicable laws occurred, the Report of Investigation must provide the Agency with a sufficient factual basis from which to fashion an appropriate remedy.
Investigations shall include a thorough review of the circumstances under which the alleged discrimination occurred and the treatment of others not of the complainant’s class in the organizational segment. Additionally, the investigation shall require a review of any policies and practices related to the alleged discrimination.
1.1 Agency and Agency Contact Person
The Contractor will be provided an Agency Contact Person (ACP) at the Indian Health Service (IHS), Diversity Management and Equal Employment Opportunity Staff (DM & EEO). The ACP is to be determined when the service is ordered and specified on the case assignment by the Agency. The ACP will make the determination of the category of the complaint and the number of issues contained in each complaint. Disagreements between the Agency and the Contractor should be resolved by discussion between the ACP and the Contractor. If a modification to the original case assignment is required as a result of discussions between the ACP and the Contractor, the ACP shall revise the case assignment to reflect the agreed upon category of complaint and/or number of issues, and send the revised case assignment to the Contractor. If disagreements cannot be resolved, the Agency reserves the right to terminate the case assignment.
2. EEO Counseling of Discrimination Complaints and Preparation of Counseling Reports
2.1 Purpose
The purpose of the EEO Counseling inquiry is to obtain information regarding the claim(s), address jurisdictional questions, and attempt to facilitate a resolution to the Counselee’s requested remedy. The EEO Counselor should interview persons who can provide information that is relevant to the claim(s), settlement, and jurisdictional questions. The EEO counseling inquiry is not an “investigation” nor is it intended to resolve disputed facts; rather, it is simply gathering information necessary for the EEO Counselor to assist the parties in resolving the matter. The EEO Counselor must control the inquiry at all times and seek guidance and assistance from the Agency. Documents generated through EEO Counseling should adhere to Agency formats, style guide requirements, and unless approved in writing, use Agency-provided forms and materials.
2.2 Agency and Agency Contact Person
The Contractor will be provided an Agency Contact Person (ACP) at the Indian Health Service (IHS) Diversity Management and Equal Employment Opportunity Staff (DM & EEO). The ACP is to be determined when the service is ordered and specified on the case assignment by the Agency. The ACP will make the determination of the category of the complaint. Disagreements between the Agency and the Contractor should be resolved by discussion between the ACP and the Contractor. If a modification to the original case assignment is required as a result of discussions between the ACP and the Contractor, the ACP shall revise the case assignment to reflect the agreed upon category of complaint, and send the revised case assignment to the Contractor. If disagreements cannot be resolved, the Agency reserves the right to terminate the case assignment.
2.3 Requirements of the Contractor
To perform EEO counseling, the Contractor shall:
Provide to the ACP within 2 business days from receipt of case assignment the name, contact information, and, if not previously provided, documentation of current counseling certification.
Furnish all essential equipment, materials, personnel, and supplies necessary to perform all of the work detailed herein, including conducting EEO counseling and preparing the Counselor’s Report.
The EEO Counselor will immediately notify the ACP in writing providing details sufficient for the ACP to advise Agency leadership if any of the following occurs:
Any individual involved in the EEO Counseling process advises that he/she needs a reasonable accommodation or is unable to perform work duties due to a disability.
Any individual involved in the EEO counseling process advises that he/she is a threat to himself or others, or words to that effect, or that any other employee or contractor is a threat to self or others or words to that effect.
Conduct EEO Counseling via telephonic interviews, unless otherwise impracticable, at which point in-person interviews are permitted with prior written authorization from the COR. Any alternate method for conducting EEO Counseling must be approved in writing and in advance, of the EEO counseling, by the COR.
The EEO Counselor shall contact the Counselee within three (3) days of assignment to schedule the Initial interview.
The Initial interview with the Counselee should be conducted as soon as possible after receiving assignment, but no later than eight (8) days of assignment. If the Counselee has provided documentation of representation using the Agency-provided form, the EEO Counselor must include the representative in all correspondence, email, telephone conversations, interviews, and any other contact with the Counselee. Unusual circumstances that may prevent conducting the interview immediately; e.g., illness, emergency leave, priority assignments, must be brought to the attention of the ACP.
The EEO Counselor should request , within two (2) business days of the initial interview with Counselee, any documents from the ACP and/or the COR that the EEO Counselor believes are relevant to the limited inquiry.
The EEO Counselor must request all relevant documentation regarding the matters raised in counseling from the ACP and the Counselee only (all requests for documents, except for requests to the Counselee, must be made to the ACP or COR).
The EEO Counselor must instruct the Counselee to submit all requested/offered documents to the ACP and instruct all witnesses to submit any documents they offer in support of their interviews to the ACP EEO Counselor. The EEO Counselor will review the documents and determine they are to be included in the EEO Counselor’s Report within three (3) business days of receipt from the Counselee/witnesses. If the EEO Counselor has any questions regarding the inclusion of the submitted documents with the EEO Counselor’s Report, then the EEO Counselor shall check with the ACP for guidance on the matter.
The EEO Counselor shall interview all witnesses, including the RMO, within twenty (20) days of the Counselee’s Initial contact with the Agency. Prior to contacting anyone other than the Counselee, and if applicable, the Counselee’s representative, the EEO Counselor must obtain written authorization from the ACP or COR.
The Contractor must notify the ACP immediately if a Counselee or witness refuses to cooperate with the limited inquiry. The ACP will take appropriate steps to secure the witness’ cooperation and remind the witness of his/her duty to cooperate with the inquiry. If the Counselee and/or witness ultimately fail to cooperate with the EEO Counselor, the EEO Counselor must document all attempts to secure the cooperation of that uncooperative witness or Counselee in the Counseling Report and attach any documentation, such as emails, to the Report.
The EEO Counselor must control the inquiry at all times and seek guidance and assistance from the Agency.
The EEO Counselor shall write-up each interview after completion, and incorporate the information into the Counselor’s Report.
The EEO Counselor shall review and summarize all documents relevant to the claim(s) and incorporate the information into the Counselor’s Report.
If the EEO Counselor believes the inquiry is deficient procedurally, or in content or scope, he/she shall immediately notify the COR.
By the 26th day after the Counselee’s Initial contact with the Agency, if the EEO Counselor has not completed the counseling process, the EEO Counselor should contact the Counselee regarding obtaining an extension.
A Counselee may agree, in writing, to postpone the Final Interview and extend the period for pre-complaint counseling for up to or less than sixty (60) additional calendar days from the date of the Initial contact.
Any extension of counseling must be requested by the EEO Counselor to the ACP and/or COR prior to the expiration of the initial thirty (30) day period.
Because timely completion of Pre-complaint counseling increases the probability of informal resolution and minimizes the negative impact that protracted inquiries have on the work environment, requests for extensions of EEO Counseling should be requested from the COR and/or ACP only in the following instances:

With the written consent of the Counselee; or
Requested by the Counselee; or
Unusual circumstances which prevented completion of the counseling inquiry during the initial thirty (30) day period, i.e., illness, travel, or emergency leave of the Counselee, a primary witness; or
When the Agency believes that informal resolution is likely or imminent, and a short additional counseling period is necessary to consummate an agreement.

The EEO Counselor should attempt to facilitate a resolution of the pre-complaint. If the Counselee and the Agency agree to an informal resolution of the dispute during the course of the EEO counseling inquiry, the terms of the informal resolution should be reduced to writing, and provided to the ACP or COR, and sent to the EEO Office for final review and approval by the EEO Office for form and compliance purposes. The EEO Counselor may not provide said document to anyone other than the ACP or COR.

If the Counselee elects to withdraw the Pre-complaint, the withdrawal must be obtained in writing using Agency-provided forms.

The EEO Counselor is responsible for submitting a final Counselor’s Report, regardless of whether the Pre-complaint is withdrawn, settled, resolved, went to ADR or is completed in any other manner, along with all paperwork gathered during the counseling process to the EEO office within three (3) days of conducting the Final Interview, within three (3) days of the conclusion of EEO Counseling, whether by final interview or otherwise, but no later than the 29th day from the Counselor’s Initial contact with the Agency, unless the Counselee has authorized an extension using Agency-provided forms. If such an extension was granted, the Counseling materials are due no later than seven (7) days before the end of the extension period.

Submit a weekly status report of all open EEO Counseling cases to the COR; or submit a status report of any and all open EEO Counseling cases upon the request of the COR in a format acceptable to the COR.

Perform EEO Counseling and have access to data related to any complaint only after providing a signed Nondisclosure Agreement for all personnel assigned under this Statement of Work.
Review all relevant personnel records and statistical data and make copies as needed for inclusion in the Counselor’s Report.
3. Alternative Dispute Resolution (ADR)

At a minimum, the Contractor shall include the following steps in the ADR process:
Review of Agency Dispute File: The Contractor shall review the Agency dispute file to determine the specific action(s) that caused the Aggrieved Person to believe that he/she is a victim of discrimination.

The Contractor shall develop an ADR Action Plan, including milestone dates. The ADR Action Plan shall be made available to the Agency Contact Person (ACP) in accordance with the timeframes of this Statement of Work (SOW). The ADR Action Plan shall identify the name of the proposed dispute resolution professional and include a copy of the dispute resolution professional’s resume detailing his/her ADR experience.

Meetings/Caucuses: The Contractor shall advise the principal parties of the time and place for the ADR meeting(s). The Contractor shall explore with the parties various options for resolving the dispute. Meetings shall be conducted during normal duty hours of the principal parties. The Contractor shall also mediate like or related issues raised during the ADR process.

Initial Meeting: The Contractor shall, before beginning ADR and throughout the process, review with the parties the ADR process, respective responsibilities of the dispute resolution professional and the parties, affirm the party’s willingness to participate in the process, and fully explain EEO procedures and guidelines relating to ADR.

Identification of Issue(s) and Basis (es): The Contractor shall encourage and elicit sufficient information from the parties to ensure that the issue(s) is clearly defined.

Agreement: If the allegation(s) is resolved and full or partial agreement is reached on the substance of the dispute, the Contractor shall assist the parties in putting the proposed Settlement Agreement in writing and develop a draft Settlement Agreement.

Closure: When it becomes apparent to the Contractor that resolution will not be reached, the Contractor shall inform the parties that their efforts to settle the dispute have been unsuccessful and shall close the ADR process. The Contractor shall maintain confidentiality in the process unless required to by law.

The Contractor is required to adhere to the Model Standards of Conduct for Mediators promulgated by the Society of Professionals in Dispute Resolution, the American Arbitration Association, and the American Bar Association.

The Agency shall:

Determine when an aggrieved person or complainant is to be referred to the Contractor for ADR.
1. Obtain written consent agreement from the parties to participate in the ADR process.
2. Forward the case to the Contractor.
3. Provide private meeting space for the on-site visit and/or authorize other method(s) of ADR to accomplish resolution.
4. Provide other accommodation(s)/aid(s) that may be requested by persons with disabilities.
5. Make available Agency officials who will be able to respond to questions and who have authority to resolve the dispute.

The Contractor is required to adhere to the Model Standards of Conduct for Mediators promulgated by the Society of Professionals in Dispute Resolution, the American Arbitration Association, and the American Bar Association.

1. Confidentiality: All information revealed during the ADR process is confidential. The Contractor shall advise the parties to the resolution attempt of their obligation to resist disclosures of information about the contents and outcomes of the ADR process. The Contractor in connection with the ADR function shall not utilize electronic devices used for recordings or transcripts of ADR proceedings or conferences.

2. Additional Services: Upon request of the Agency, the Contractor and the COR may negotiate terms and conditions for additional ADR services, e.g. neutral evaluations, conciliation, mini-trials, etc.
4. Preparation of Final Agency Decisions
4.1 Agency and Agency Contact Person
The Contractor will be provided an Agency Contact Person (ACP) at the Indian Health Service (IHS) Diversity Management and Equal Employment Opportunity Staff (DM & EEO). The ACP is to be determined when the service is ordered and specified on the case assignment by the Agency. The ACP will make the determination of the category of the complaint. Disagreements between the Agency and the Contractor should be resolved by discussion between the ACP and the Contractor. If a modification to the original case assignment is required as a result of discussions between the ACP and the Contractor, the ACP shall revise the case assignment to reflect the agreed upon category of complaint, and send the revised case assignment to the Contractor. If disagreements cannot be resolved, the Agency reserves the right to terminate the case assignment.
4.2 Case Assignment
The COR will electronically forward the case assignment; the ACP will, depending on the size of the document files, electronically or via a nationally recognized mail service, forward the Report of Investigation (ROI) and the case file. The Contractor shall assign a FAD Writer to a matter within two (2) business days of receipt of the assignment.
4.3 Requirements of the Contractor
The Contractor shall prepare FADs and have access to information related to any complaint only after providing a signed Nondisclosure Agreement for all personnel assigned under this Statement of Work.
The Contractor shall prepare a FAD which discusses and analyzes all claims presented in the formal complaint(s). 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. It should include all procedural and substantive issues presented.
The Contractor shall submit an electronic copy (MSWord format via email or on CD Rom) of the completed FAD to the ACP within twenty (20) calendar days of receipt of the complete case file, including ROI.
The Contractor shall submit a weekly status report of all pending FADs to the COR; or submit a status report of any and all pending FADs upon the request of the COR.
To prepare a FAD, or Recommended FAD, the Contractor shall:
Furnish all essential equipment, materials, personnel, and supplies necessary to perform all of the work detailed herein, including reviewing the ROI and completing the FAD.
Each FAD ordered under this contract shall be limited to the specific issues accepted and investigated in the ROI. Claims dismissed by the Agency shall be reviewed and a statement of concurrence or non-concurrence with the dismissal shall be included in the FAD.
If the FAD reverses a dismissed claim, the claim shall be adjudicated in the FAD or remanded for supplemental investigation, if necessary. If the Contractor believes there are procedural grounds for dismissing the entire complaint, or some of the accepted claims, the FAD should address those grounds in addition to the decision on the merits.
Each FAD must articulate the relevant facts, legal standard, and analysis with sufficient clarity so that: 1) the complainant can understand how the final decision was reached on each claim, and 2) the decision can withstand EEOC scrutiny on appeal. Following the prescribed format, the FAD must:

State the claim (basis(es) and issues);
Summarize the relevant procedural (processing events and dates) and factual (testimony and documentary evidence) background;
Provide a thorough analysis (apply appropriate theory of discrimination); and
Set forth the recommended conclusion (finding of discrimination, no finding of discrimination, and/or procedural dismissal).

If discrimination is found, the FAD will include an “ORDER” for appropriate equitable remedies consistent with 29 C.F.R. § 1614.501. Generally, where compensatory damages are appropriate, an award amount will not be given in the original FAD, unless sufficient information was provided in the ROI to make that determination. Instead, the complainant will be advised that compensatory damages may be available and will be provided with guidance on the procedure used for requesting, proving, and determining compensatory damage awards.

The analysis of each claim must follow established rules, regulations and legal principles and precedents. The FAD must clearly identify which theory of discrimination is being applied, i.e., disparate treatment, hostile work environment harassment, and/or adverse impact.
Case law precedents relied on in the FAD will be cited and will be in accordance with the EEOCG Style Guide. Matters from the ROI referenced in the FAD will be accordance with the EEOCG Style Guide and include Exhibit and page number.

Ability and skill level
The EEO Counselors, Mediators, Investigators, and FAD Writers must possess the following requisite training, experience, knowledge, and skills to perform the required EEO services.
EEO Counselors and Investigators must receive the applicable thirty-two (32) hours of training and eight (8) hours of refresher training each fiscal year thereafter as described in the EEO MD-110.
EEO Mediators must receive the applicable thirty-two (32) hours of training and eight (8) hours of refresher training each fiscal year thereafter as described in the EEO MD-110.
FAD Writers must have completed at least 5 cases/decisions; and have a minimum of two (2) years of Federal EEO Investigative or FAD Writing experience and/or legal analysis experience.
The Contractor must ensure that its employees, staff, or sub-contractors maintain the required professional certification(s). The Contractor must retain documentation of such records and must provide a copy of the certificate and Counselor’s, Mediator’s, Investigator’s, and/or FAD writer’s resume to the COR prior to case assignments, if requested. The Government will not pay expenses for Contractor, its employees, staff, or sub-contractors to meet and/or maintain the professional certification requirement(s).
In accordance with FAR 37.1l4(c), the Contractor, its employees, and sub-contractors must always identify themselves as Contractor personnel when dealing with Government employees or the public in the performance of the services under this contract. All documents or reports produced by a Contractor must also be suitably marked as contractor products.
Property
The Contractor shall be responsible for ensuring that EEO Counselors, Investigators, and FAD Writers have access to commercially available computer hardware and software necessary to perform the duties under this SOW, including but not limited to a personal computer running an operating system of Windows 7 or later, Microsoft Office 2007 or later, Adobe Professional X or later, Internet Explorer, a scanner, internet connectivity, and telephonic and fax access. All individuals working under this Contract must maintain and regularly access email accounts capable of transmitting and receiving documents. The Government is not responsible for furnishing any equipment or connectivity necessary for performing work under this contract.
Deliverable Format
All documents generated by the Contractor must be created using Microsoft Office products or otherwise in compliance with Section 508 of the Rehabilitation Act of 1973, as amended.
Availability of Investigators, Mediators, EEO Counselors, and FAD Writers
The Contractor must be able to assign an investigator to an Agency investigation within five (5) business days of a request from the Agency, an EEO Counselor within two (2) business days from the request of the Agency, the EEO Mediator within two (2) business days, and a FAD writer within two (2) business days from the request of the Agency.
The Agency requires that the investigator secure testimony and the EEO Counselor conduct counseling duties via telephone or in-person interviews unless otherwise approved by the Agency. The investigator has the option of conducting the interviews via either method, but the EEO Counselor should conduct the interviews and counseling duties via telephone unless otherwise impracticable.
The Agency requires that the mediator conduct mediation duties via telephone or in-person interviews unless otherwise approved by the Agency. The mediator has the option of conducting the interviews via either method, but the EEO Mediator should conduct the mediation in a manner most conducive to the Parties of the mediation.
The Agency can be divided into two categories, Headquarters Offices and Regional Offices, called Areas. The EEO cases will be located within either the Headquarters Offices or in one of the Agency’s twelve Regional Offices (Areas) identified as follows:

IHS Regional Offices (Areas)
Alaska Area Albuquerque Area
Bemidji Area Billings Area
California Area Great Plains Area
Nashville Area Navajo Area
Oklahoma Area Phoenix Area
Portland Area Tucson Area
The Government will not reimburse any travel expenses unless prior authorization from the COR is granted in writing.

Anticipated Period of Performance

Base December 14, 2014 through December 13, 2015
Option Year One December 14, 2015 through December 13, 2016
Option Year Two December 14, 2016 through December 13, 2017
Option Year Three December 14, 2017 through December 13, 2018
Option Year Four December 14, 2018 through December 13, 2019

Disclaimer and Important Notes. This notice does not obligate the Government to award a contract or otherwise pay for the information provided in response. The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed to allow the Government to determine the organization’s qualifications to perform the work. Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. After a review of the responses received, a pre-solicitation synopsis and solicitation may be published in Federal Business Opportunities. However, responses to this notice will not be considered adequate responses to a solicitation.

Confidentiality. No proprietary, classified, confidential, or sensitive information should be included in your response. The Government reserves the right to use any non-proprietary technical information in any resultant solicitation(s).

Interested small business firms are highly encouraged to respond to this notice. However, firms should understand that generic capability statements are not sufficient for effective evaluation of their capacity and capability to perform the work required. Responses must directly demonstrate the company’s capability, experience, and ability to marshal resources to effectively and efficiently perform the objectives described above.

Capability statement:
Interested parties should provide IHS with a capability statement on their company’s ability to perform. The following information is to be included in the white paper:

Information about their organizations: (a) staff expertise, including their availability, experience, and formal and other training; (b) current in-house capability and capacity to perform the work; (c) prior completed projects of similar nature; (d) corporate experience and management capability; and (e) examples of prior completed Government contracts; (e) references, and other related information;
Respondents’ DUNS number, organization name, address, point of contact, and size and type of business (e.g., 8(a), HUB Zone, etc.) pursuant to the applicable NAICS code;
technical and administrative points of contact, including names, titles, addresses, telephone and fax numbers, and e-mail addresses
Federal Supply Schedule information (if applicable)

Responses shall be delivered, via email, in Microsoft Word format and must be received by 5:00PM EST October 24, 2014

Page limitation of responses: Four (4)

Responses shall be addressed to:
Michael Fischer
Contract Specialist
Program Support Center
Department of Health and Human Services
Email: Michael.Fischer @hhs.gov

Set-Aside: Total Small Business Place of Performance: TBD US URL: https://www.fbo.gov/spg/HHS/PSC/DAM/IHS0001/listing.html

OutreachSystems Article Number: 141022/PROCURE/0471 Matching Key Words: documentar*;

dept of health and human servicesDepartment of Health and Human Services, Program Support Center, Division of Acquisition Management, 12501 Ardennes Avenue Suite 400 Rockville MD 20857

R — IHS EEO Services IHS0001 102414 Stephen Yuter, Contracting Officer, Email Stephen.Yuter@ihs.gov – Michael Fischer, Contract Specialist, Email michael.fischer@hhs.gov Equal Employment Opportunity (EEO)
Indian Health Services
Sources Sought

This is a Small Business Sources Sought notice. This is NOT a solicitation for proposals, proposal abstracts, or quotations. The purpose of this notice is ONLY to invite qualified socio-economic firms to submit capability statements demonstrating the ability to provide the services listed below.  To be included in the capability statement, firms shall include information regarding: (1) the availability and capability of qualified small business sources; (2) whether they are small businesses; HUB Zone small businesses; service-disabled, veteran-owned small businesses; 8(a) small businesses; veteran-owned small businesses; woman-owned small businesses; or small disadvantaged businesses; and (3) their size classification relative to the North American Industry Classification System (NAICS) code for the proposed acquisition. Your responses to the information requested will assist the Government in determining the appropriate acquisition method, including whether a set-aside is possible. An organization that is not considered a small business under the applicable NAICS code should not submit a response to this notice.

Background
Federal government agencies, in conjunction with the U.S. Equal Employment Opportunity Commission (EEOC), have the responsibility to prohibit discrimination within the civil service on the basis of race, color, religion or religious accommodation, sex, national origin, age, disability or disability accommodation, genetic information, reprisal for opposition to discrimination or participation in the complaint process, and sexual orientation.
Commissioned Corps Officers of the U.S. Public Health Service are not covered under the Equal Employment Opportunity (EEO) laws or subject to the provisions of Title 29 Code of Federal Regulations (C.F.R.) §1614. However, Commissioned Corps Personnel Manual, INSTRUCTION 6, Subchapter CC26.1, “Equal Opportunity: Discrimination Complaints Processing” establishes the rights of Commissioned Corps Officers to be free from discrimination and retaliation.
Complaints of EEO discrimination alleged by employees of federal agencies or applicants for federal employment covered by Title 29 C.F.R. § 1614 and any subsequent law, statute, regulation, or directive are included within the scope of this Statement of Work (SOW). Commissioned Corps Officers of the U.S. Public Health Service covered by the Commissioned Corps Personnel Manual, INSTRUCTION 6, Subchapter CC26.1, “Equal Opportunity: Discrimination Complaints Processing” are also included within the scope of this Statement of Work.
Objectives

Title 29 CFR Part 1614 requires federal agencies to develop and implement equal employment opportunity programs and complaint processing procedures. EEOC Management Directive EEO MD-110 implements the requirements of 29 CFR Part 1614. Federal agencies perform a portion of the required EEO services in house. This statement of work will outline the roles and responsibilities of each party when the Ordering Agency (Agency) needs to contract out investigative, EEO counseling, Alternative Dispute Resolution (ADR), and drafting Final Agency Decision (FAD) functions.

Scope of Work

Investigations of Formal EEO Complaints
The Agency will issue the case assignment to the Contractor. Three types of discrimination complaints may be investigated; the categories are: individual, consolidated, and class complaints. Regardless of the type of discrimination complaint, the investigation is usually performed in four major phases: (a) preparing for the investigation; (b) securing testimony; (c) obtaining documentary evidence and developing statistical information; and (d) preparing the investigative file. The Contractor shall perform work in accordance with the revised and most current editions of applicable laws, regulations, and executive orders that pertain to each case assignment issued under this contract and provided by the Agency to the Contractor.
Counseling of EEO Informal Complaints
The Agency will issue the case assignment to the Contractor. Three types of discrimination complaints may be counseled; the categories are: individual, consolidated, and class complaints. Regardless of the type of discrimination complaint, the EEO Counseling is usually performed in four major phases: (a) Interviewing the Counselee, Responsible Management Official(s) (RMO), and witnesses; (b) framing the claims and drafting management’s and witnesses’ responses to the claims; (c) obtaining documentary evidence and statistical information; and (d) preparing the counseling report and related documents. The Contractor shall perform work in accordance with the revised and most current editions of applicable laws, regulations, and executive orders that pertain to each case assignment issued under this contract and provided by the Agency to the Contractor. The Contractor will also use, unless otherwise indicated by the COR, documents and forms provided by the Agency.
Alternative Dispute Resolution (ADR)
The Agency will determine when an aggrieved person or complainant is to be referred to the Contractor for ADR services. Three types of discrimination complaints may be referred; the categories are: individual, consolidated, and class complaints. Regardless of the type of discrimination complaint, the Alternative Dispute Resolution (ADR) is usually performed in six major phases: (a) Reviewing the Agency dispute file; (b) Developing an ADR Action Plan; (c) Setting up Meetings/Caucuses between the Parties; (d) Reviewing the ADR process with the Parties; (e) Identifying the issues; and either (f) Assisting the Parties in putting a proposed settlement agreement in writing and develop a draft settlement agreement or notifying the Parties if efforts to settle the dispute have been unsuccessful. The Contractor shall perform work in accordance with the revised and most current editions of applicable laws, regulations, and executive orders that pertain to each case assignment issued under this contract and provided by the Agency to the Contractor. The Contractor will also use, unless otherwise indicated by the COR, documents and forms provided by the Agency.

Drafting a Final Agency Decision
The Agency will issue the case assignment to the Contractor. Three types of discrimination complaints may require written FADs; the categories are: individual, consolidated, and class complaints. Regardless of the type of discrimination complaint, the FAD is usually performed in four major phases: (a) reviewing the Report of Investigation (ROI); (b) Drafting a presentation of facts; (c) conducting and drafting a legal analysis of the claims based on the information and evidence in the ROI; and (d) drafting recommended findings, conclusions, and, if applicable, appropriate remedies. The Contractor shall perform work in accordance with the revised and most current editions of applicable laws, regulations, and executive orders that pertain to each case assignment issued under this contract and provided by the Agency to the Contractor. The Contractor will also use, unless otherwise indicated by the COR, documents and forms provided by the Agency.
Investigation of Discrimination Complaints and Preparation of Reports of Investigation
The purpose of this subsection is to obtain Reports of Investigation in conformance with the standards established by the Equal Employment Opportunity Commission. Investigations shall be performed to identify and obtain evidence from all relevant sources and gather sufficient information, relevant to the accepted issues in the complaint, to determine the validity of the allegations. If the Agency determines a violation of the applicable laws occurred, the Report of Investigation must provide the Agency with a sufficient factual basis from which to fashion an appropriate remedy.
Investigations shall include a thorough review of the circumstances under which the alleged discrimination occurred and the treatment of others not of the complainant’s class in the organizational segment. Additionally, the investigation shall require a review of any policies and practices related to the alleged discrimination.
1.1 Agency and Agency Contact Person
The Contractor will be provided an Agency Contact Person (ACP) at the Indian Health Service (IHS), Diversity Management and Equal Employment Opportunity Staff (DM & EEO). The ACP is to be determined when the service is ordered and specified on the case assignment by the Agency. The ACP will make the determination of the category of the complaint and the number of issues contained in each complaint. Disagreements between the Agency and the Contractor should be resolved by discussion between the ACP and the Contractor. If a modification to the original case assignment is required as a result of discussions between the ACP and the Contractor, the ACP shall revise the case assignment to reflect the agreed upon category of complaint and/or number of issues, and send the revised case assignment to the Contractor. If disagreements cannot be resolved, the Agency reserves the right to terminate the case assignment.
2. EEO Counseling of Discrimination Complaints and Preparation of Counseling Reports
2.1 Purpose
The purpose of the EEO Counseling inquiry is to obtain information regarding the claim(s), address jurisdictional questions, and attempt to facilitate a resolution to the Counselee’s requested remedy. The EEO Counselor should interview persons who can provide information that is relevant to the claim(s), settlement, and jurisdictional questions. The EEO counseling inquiry is not an “investigation” nor is it intended to resolve disputed facts; rather, it is simply gathering information necessary for the EEO Counselor to assist the parties in resolving the matter. The EEO Counselor must control the inquiry at all times and seek guidance and assistance from the Agency. Documents generated through EEO Counseling should adhere to Agency formats, style guide requirements, and unless approved in writing, use Agency-provided forms and materials.
2.2 Agency and Agency Contact Person
The Contractor will be provided an Agency Contact Person (ACP) at the Indian Health Service (IHS) Diversity Management and Equal Employment Opportunity Staff (DM & EEO). The ACP is to be determined when the service is ordered and specified on the case assignment by the Agency. The ACP will make the determination of the category of the complaint. Disagreements between the Agency and the Contractor should be resolved by discussion between the ACP and the Contractor. If a modification to the original case assignment is required as a result of discussions between the ACP and the Contractor, the ACP shall revise the case assignment to reflect the agreed upon category of complaint, and send the revised case assignment to the Contractor. If disagreements cannot be resolved, the Agency reserves the right to terminate the case assignment.
2.3 Requirements of the Contractor
To perform EEO counseling, the Contractor shall:
Provide to the ACP within 2 business days from receipt of case assignment the name, contact information, and, if not previously provided, documentation of current counseling certification.
Furnish all essential equipment, materials, personnel, and supplies necessary to perform all of the work detailed herein, including conducting EEO counseling and preparing the Counselor’s Report.
The EEO Counselor will immediately notify the ACP in writing providing details sufficient for the ACP to advise Agency leadership if any of the following occurs:
Any individual involved in the EEO Counseling process advises that he/she needs a reasonable accommodation or is unable to perform work duties due to a disability.
Any individual involved in the EEO counseling process advises that he/she is a threat to himself or others, or words to that effect, or that any other employee or contractor is a threat to self or others or words to that effect.
Conduct EEO Counseling via telephonic interviews, unless otherwise impracticable, at which point in-person interviews are permitted with prior written authorization from the COR. Any alternate method for conducting EEO Counseling must be approved in writing and in advance, of the EEO counseling, by the COR.
The EEO Counselor shall contact the Counselee within three (3) days of assignment to schedule the Initial interview.
The Initial interview with the Counselee should be conducted as soon as possible after receiving assignment, but no later than eight (8) days of assignment. If the Counselee has provided documentation of representation using the Agency-provided form, the EEO Counselor must include the representative in all correspondence, email, telephone conversations, interviews, and any other contact with the Counselee. Unusual circumstances that may prevent conducting the interview immediately; e.g., illness, emergency leave, priority assignments, must be brought to the attention of the ACP.
The EEO Counselor should request , within two (2) business days of the initial interview with Counselee, any documents from the ACP and/or the COR that the EEO Counselor believes are relevant to the limited inquiry.
The EEO Counselor must request all relevant documentation regarding the matters raised in counseling from the ACP and the Counselee only (all requests for documents, except for requests to the Counselee, must be made to the ACP or COR).
The EEO Counselor must instruct the Counselee to submit all requested/offered documents to the ACP and instruct all witnesses to submit any documents they offer in support of their interviews to the ACP EEO Counselor. The EEO Counselor will review the documents and determine they are to be included in the EEO Counselor’s Report within three (3) business days of receipt from the Counselee/witnesses. If the EEO Counselor has any questions regarding the inclusion of the submitted documents with the EEO Counselor’s Report, then the EEO Counselor shall check with the ACP for guidance on the matter.
The EEO Counselor shall interview all witnesses, including the RMO, within twenty (20) days of the Counselee’s Initial contact with the Agency. Prior to contacting anyone other than the Counselee, and if applicable, the Counselee’s representative, the EEO Counselor must obtain written authorization from the ACP or COR.
The Contractor must notify the ACP immediately if a Counselee or witness refuses to cooperate with the limited inquiry. The ACP will take appropriate steps to secure the witness’ cooperation and remind the witness of his/her duty to cooperate with the inquiry. If the Counselee and/or witness ultimately fail to cooperate with the EEO Counselor, the EEO Counselor must document all attempts to secure the cooperation of that uncooperative witness or Counselee in the Counseling Report and attach any documentation, such as emails, to the Report.
The EEO Counselor must control the inquiry at all times and seek guidance and assistance from the Agency.
The EEO Counselor shall write-up each interview after completion, and incorporate the information into the Counselor’s Report.
The EEO Counselor shall review and summarize all documents relevant to the claim(s) and incorporate the information into the Counselor’s Report.
If the EEO Counselor believes the inquiry is deficient procedurally, or in content or scope, he/she shall immediately notify the COR.
By the 26th day after the Counselee’s Initial contact with the Agency, if the EEO Counselor has not completed the counseling process, the EEO Counselor should contact the Counselee regarding obtaining an extension.
A Counselee may agree, in writing, to postpone the Final Interview and extend the period for pre-complaint counseling for up to or less than sixty (60) additional calendar days from the date of the Initial contact.
Any extension of counseling must be requested by the EEO Counselor to the ACP and/or COR prior to the expiration of the initial thirty (30) day period.
Because timely completion of Pre-complaint counseling increases the probability of informal resolution and minimizes the negative impact that protracted inquiries have on the work environment, requests for extensions of EEO Counseling should be requested from the COR and/or ACP only in the following instances:

With the written consent of the Counselee; or
Requested by the Counselee; or
Unusual circumstances which prevented completion of the counseling inquiry during the initial thirty (30) day period, i.e., illness, travel, or emergency leave of the Counselee, a primary witness; or
When the Agency believes that informal resolution is likely or imminent, and a short additional counseling period is necessary to consummate an agreement.

The EEO Counselor should attempt to facilitate a resolution of the pre-complaint. If the Counselee and the Agency agree to an informal resolution of the dispute during the course of the EEO counseling inquiry, the terms of the informal resolution should be reduced to writing, and provided to the ACP or COR, and sent to the EEO Office for final review and approval by the EEO Office for form and compliance purposes. The EEO Counselor may not provide said document to anyone other than the ACP or COR.

If the Counselee elects to withdraw the Pre-complaint, the withdrawal must be obtained in writing using Agency-provided forms.

The EEO Counselor is responsible for submitting a final Counselor’s Report, regardless of whether the Pre-complaint is withdrawn, settled, resolved, went to ADR or is completed in any other manner, along with all paperwork gathered during the counseling process to the EEO office within three (3) days of conducting the Final Interview, within three (3) days of the conclusion of EEO Counseling, whether by final interview or otherwise, but no later than the 29th day from the Counselor’s Initial contact with the Agency, unless the Counselee has authorized an extension using Agency-provided forms. If such an extension was granted, the Counseling materials are due no later than seven (7) days before the end of the extension period.

Submit a weekly status report of all open EEO Counseling cases to the COR; or submit a status report of any and all open EEO Counseling cases upon the request of the COR in a format acceptable to the COR.

Perform EEO Counseling and have access to data related to any complaint only after providing a signed Nondisclosure Agreement for all personnel assigned under this Statement of Work.
Review all relevant personnel records and statistical data and make copies as needed for inclusion in the Counselor’s Report.
3. Alternative Dispute Resolution (ADR)

At a minimum, the Contractor shall include the following steps in the ADR process:
Review of Agency Dispute File: The Contractor shall review the Agency dispute file to determine the specific action(s) that caused the Aggrieved Person to believe that he/she is a victim of discrimination.

The Contractor shall develop an ADR Action Plan, including milestone dates. The ADR Action Plan shall be made available to the Agency Contact Person (ACP) in accordance with the timeframes of this Statement of Work (SOW). The ADR Action Plan shall identify the name of the proposed dispute resolution professional and include a copy of the dispute resolution professional’s resume detailing his/her ADR experience.

Meetings/Caucuses: The Contractor shall advise the principal parties of the time and place for the ADR meeting(s). The Contractor shall explore with the parties various options for resolving the dispute. Meetings shall be conducted during normal duty hours of the principal parties. The Contractor shall also mediate like or related issues raised during the ADR process.

Initial Meeting: The Contractor shall, before beginning ADR and throughout the process, review with the parties the ADR process, respective responsibilities of the dispute resolution professional and the parties, affirm the party’s willingness to participate in the process, and fully explain EEO procedures and guidelines relating to ADR.

Identification of Issue(s) and Basis (es): The Contractor shall encourage and elicit sufficient information from the parties to ensure that the issue(s) is clearly defined.

Agreement: If the allegation(s) is resolved and full or partial agreement is reached on the substance of the dispute, the Contractor shall assist the parties in putting the proposed Settlement Agreement in writing and develop a draft Settlement Agreement.

Closure: When it becomes apparent to the Contractor that resolution will not be reached, the Contractor shall inform the parties that their efforts to settle the dispute have been unsuccessful and shall close the ADR process. The Contractor shall maintain confidentiality in the process unless required to by law.

The Contractor is required to adhere to the Model Standards of Conduct for Mediators promulgated by the Society of Professionals in Dispute Resolution, the American Arbitration Association, and the American Bar Association.

The Agency shall:

Determine when an aggrieved person or complainant is to be referred to the Contractor for ADR.
1. Obtain written consent agreement from the parties to participate in the ADR process.
2. Forward the case to the Contractor.
3. Provide private meeting space for the on-site visit and/or authorize other method(s) of ADR to accomplish resolution.
4. Provide other accommodation(s)/aid(s) that may be requested by persons with disabilities.
5. Make available Agency officials who will be able to respond to questions and who have authority to resolve the dispute.

The Contractor is required to adhere to the Model Standards of Conduct for Mediators promulgated by the Society of Professionals in Dispute Resolution, the American Arbitration Association, and the American Bar Association.

1. Confidentiality: All information revealed during the ADR process is confidential. The Contractor shall advise the parties to the resolution attempt of their obligation to resist disclosures of information about the contents and outcomes of the ADR process. The Contractor in connection with the ADR function shall not utilize electronic devices used for recordings or transcripts of ADR proceedings or conferences.

2. Additional Services: Upon request of the Agency, the Contractor and the COR may negotiate terms and conditions for additional ADR services, e.g. neutral evaluations, conciliation, mini-trials, etc.
4. Preparation of Final Agency Decisions
4.1 Agency and Agency Contact Person
The Contractor will be provided an Agency Contact Person (ACP) at the Indian Health Service (IHS) Diversity Management and Equal Employment Opportunity Staff (DM & EEO). The ACP is to be determined when the service is ordered and specified on the case assignment by the Agency. The ACP will make the determination of the category of the complaint. Disagreements between the Agency and the Contractor should be resolved by discussion between the ACP and the Contractor. If a modification to the original case assignment is required as a result of discussions between the ACP and the Contractor, the ACP shall revise the case assignment to reflect the agreed upon category of complaint, and send the revised case assignment to the Contractor. If disagreements cannot be resolved, the Agency reserves the right to terminate the case assignment.
4.2 Case Assignment
The COR will electronically forward the case assignment; the ACP will, depending on the size of the document files, electronically or via a nationally recognized mail service, forward the Report of Investigation (ROI) and the case file. The Contractor shall assign a FAD Writer to a matter within two (2) business days of receipt of the assignment.
4.3 Requirements of the Contractor
The Contractor shall prepare FADs and have access to information related to any complaint only after providing a signed Nondisclosure Agreement for all personnel assigned under this Statement of Work.
The Contractor shall prepare a FAD which discusses and analyzes all claims presented in the formal complaint(s). 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. It should include all procedural and substantive issues presented.
The Contractor shall submit an electronic copy (MSWord format via email or on CD Rom) of the completed FAD to the ACP within twenty (20) calendar days of receipt of the complete case file, including ROI.
The Contractor shall submit a weekly status report of all pending FADs to the COR; or submit a status report of any and all pending FADs upon the request of the COR.
To prepare a FAD, or Recommended FAD, the Contractor shall:
Furnish all essential equipment, materials, personnel, and supplies necessary to perform all of the work detailed herein, including reviewing the ROI and completing the FAD.
Each FAD ordered under this contract shall be limited to the specific issues accepted and investigated in the ROI. Claims dismissed by the Agency shall be reviewed and a statement of concurrence or non-concurrence with the dismissal shall be included in the FAD.
If the FAD reverses a dismissed claim, the claim shall be adjudicated in the FAD or remanded for supplemental investigation, if necessary. If the Contractor believes there are procedural grounds for dismissing the entire complaint, or some of the accepted claims, the FAD should address those grounds in addition to the decision on the merits.
Each FAD must articulate the relevant facts, legal standard, and analysis with sufficient clarity so that: 1) the complainant can understand how the final decision was reached on each claim, and 2) the decision can withstand EEOC scrutiny on appeal. Following the prescribed format, the FAD must:

State the claim (basis(es) and issues);
Summarize the relevant procedural (processing events and dates) and factual (testimony and documentary evidence) background;
Provide a thorough analysis (apply appropriate theory of discrimination); and
Set forth the recommended conclusion (finding of discrimination, no finding of discrimination, and/or procedural dismissal).

If discrimination is found, the FAD will include an “ORDER” for appropriate equitable remedies consistent with 29 C.F.R. § 1614.501. Generally, where compensatory damages are appropriate, an award amount will not be given in the original FAD, unless sufficient information was provided in the ROI to make that determination. Instead, the complainant will be advised that compensatory damages may be available and will be provided with guidance on the procedure used for requesting, proving, and determining compensatory damage awards.

The analysis of each claim must follow established rules, regulations and legal principles and precedents. The FAD must clearly identify which theory of discrimination is being applied, i.e., disparate treatment, hostile work environment harassment, and/or adverse impact.
Case law precedents relied on in the FAD will be cited and will be in accordance with the EEOCG Style Guide. Matters from the ROI referenced in the FAD will be accordance with the EEOCG Style Guide and include Exhibit and page number.

Ability and skill level
The EEO Counselors, Mediators, Investigators, and FAD Writers must possess the following requisite training, experience, knowledge, and skills to perform the required EEO services.
EEO Counselors and Investigators must receive the applicable thirty-two (32) hours of training and eight (8) hours of refresher training each fiscal year thereafter as described in the EEO MD-110.
EEO Mediators must receive the applicable thirty-two (32) hours of training and eight (8) hours of refresher training each fiscal year thereafter as described in the EEO MD-110.
FAD Writers must have completed at least 5 cases/decisions; and have a minimum of two (2) years of Federal EEO Investigative or FAD Writing experience and/or legal analysis experience.
The Contractor must ensure that its employees, staff, or sub-contractors maintain the required professional certification(s). The Contractor must retain documentation of such records and must provide a copy of the certificate and Counselor’s, Mediator’s, Investigator’s, and/or FAD writer’s resume to the COR prior to case assignments, if requested. The Government will not pay expenses for Contractor, its employees, staff, or sub-contractors to meet and/or maintain the professional certification requirement(s).
In accordance with FAR 37.1l4(c), the Contractor, its employees, and sub-contractors must always identify themselves as Contractor personnel when dealing with Government employees or the public in the performance of the services under this contract. All documents or reports produced by a Contractor must also be suitably marked as contractor products.
Property
The Contractor shall be responsible for ensuring that EEO Counselors, Investigators, and FAD Writers have access to commercially available computer hardware and software necessary to perform the duties under this SOW, including but not limited to a personal computer running an operating system of Windows 7 or later, Microsoft Office 2007 or later, Adobe Professional X or later, Internet Explorer, a scanner, internet connectivity, and telephonic and fax access. All individuals working under this Contract must maintain and regularly access email accounts capable of transmitting and receiving documents. The Government is not responsible for furnishing any equipment or connectivity necessary for performing work under this contract.
Deliverable Format
All documents generated by the Contractor must be created using Microsoft Office products or otherwise in compliance with Section 508 of the Rehabilitation Act of 1973, as amended.
Availability of Investigators, Mediators, EEO Counselors, and FAD Writers
The Contractor must be able to assign an investigator to an Agency investigation within five (5) business days of a request from the Agency, an EEO Counselor within two (2) business days from the request of the Agency, the EEO Mediator within two (2) business days, and a FAD writer within two (2) business days from the request of the Agency.
The Agency requires that the investigator secure testimony and the EEO Counselor conduct counseling duties via telephone or in-person interviews unless otherwise approved by the Agency. The investigator has the option of conducting the interviews via either method, but the EEO Counselor should conduct the interviews and counseling duties via telephone unless otherwise impracticable.
The Agency requires that the mediator conduct mediation duties via telephone or in-person interviews unless otherwise approved by the Agency. The mediator has the option of conducting the interviews via either method, but the EEO Mediator should conduct the mediation in a manner most conducive to the Parties of the mediation.
The Agency can be divided into two categories, Headquarters Offices and Regional Offices, called Areas. The EEO cases will be located within either the Headquarters Offices or in one of the Agency’s twelve Regional Offices (Areas) identified as follows:

IHS Regional Offices (Areas)
Alaska Area Albuquerque Area
Bemidji Area Billings Area
California Area Great Plains Area
Nashville Area Navajo Area
Oklahoma Area Phoenix Area
Portland Area Tucson Area
The Government will not reimburse any travel expenses unless prior authorization from the COR is granted in writing.

Anticipated Period of Performance

Base December 14, 2014 through December 13, 2015
Option Year One December 14, 2015 through December 13, 2016
Option Year Two December 14, 2016 through December 13, 2017
Option Year Three December 14, 2017 through December 13, 2018
Option Year Four December 14, 2018 through December 13, 2019

Disclaimer and Important Notes. This notice does not obligate the Government to award a contract or otherwise pay for the information provided in response. The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed to allow the Government to determine the organization’s qualifications to perform the work. Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. After a review of the responses received, a pre-solicitation synopsis and solicitation may be published in Federal Business Opportunities. However, responses to this notice will not be considered adequate responses to a solicitation.

Confidentiality. No proprietary, classified, confidential, or sensitive information should be included in your response. The Government reserves the right to use any non-proprietary technical information in any resultant solicitation(s).

Interested small business firms are highly encouraged to respond to this notice. However, firms should understand that generic capability statements are not sufficient for effective evaluation of their capacity and capability to perform the work required. Responses must directly demonstrate the company’s capability, experience, and ability to marshal resources to effectively and efficiently perform the objectives described above.

Capability statement:
Interested parties should provide IHS with a capability statement on their company’s ability to perform. The following information is to be included in the white paper:

Information about their organizations: (a) staff expertise, including their availability, experience, and formal and other training; (b) current in-house capability and capacity to perform the work; (c) prior completed projects of similar nature; (d) corporate experience and management capability; and (e) examples of prior completed Government contracts; (e) references, and other related information;
Respondents’ DUNS number, organization name, address, point of contact, and size and type of business (e.g., 8(a), HUB Zone, etc.) pursuant to the applicable NAICS code;
technical and administrative points of contact, including names, titles, addresses, telephone and fax numbers, and e-mail addresses
Federal Supply Schedule information (if applicable)

Responses shall be delivered, via email, in Microsoft Word format and must be received by 5:00PM EST October 24, 2014

Page limitation of responses: Four (4)

Responses shall be addressed to:
Stephen Yuter
Contracting Officer, Head of Contracting Activity
Program Support Center
Department of Health and Human Services
Email: Stephen.Yuter@hhs.gov

Set-Aside: Total Small Business Place of Performance: TBD US URL: https://www.fbo.gov/spg/HHS/PSC/DAM/IHS0001/listing.html

OutreachSystems Article Number: 141021/PROCURE/0359 Matching Key Words: documentar*;

Department of Health and Human Services, Program Support Center, Division of Acquisition Management, 12501 Ardennes Avenue Suite 400 Rockville MD 20857

R — IHS EEO Services IHS0001 102414 Stephen Yuter, Contracting Officer, Email Stephen.Yuter@ihs.gov – Michael Fischer, Contract Specialist, Email michael.fischer@hhs.gov Equal Employment Opportunity (EEO)
Indian Health Services
Sources Sought
Background
Federal government agencies, in conjunction with the U.S. Equal Employment Opportunity Commission (EEOC), have the responsibility to prohibit discrimination within the civil service on the basis of race, color, religion or religious accommodation, sex, national origin, age, disability or disability accommodation, genetic information, reprisal for opposition to discrimination or participation in the complaint process, and sexual orientation.
Commissioned Corps Officers of the U.S. Public Health Service are not covered under the Equal Employment Opportunity (EEO) laws or subject to the provisions of Title 29 Code of Federal Regulations (C.F.R.) §1614. However, Commissioned Corps Personnel Manual, INSTRUCTION 6, Subchapter CC26.1, “Equal Opportunity: Discrimination Complaints Processing” establishes the rights of Commissioned Corps Officers to be free from discrimination and retaliation.
Complaints of EEO discrimination alleged by employees of federal agencies or applicants for federaldept of health and human services employment covered by Title 29 C.F.R. § 1614 and any subsequent law, statute, regulation, or directive are included within the scope of this Statement of Work (SOW). Commissioned Corps Officers of the U.S. Public Health Service covered by the Commissioned Corps Personnel Manual, INSTRUCTION 6, Subchapter CC26.1, “Equal Opportunity: Discrimination Complaints Processing” are also included within the scope of this Statement of Work.
Objectives

Title 29 CFR Part 1614 requires federal agencies to develop and implement equal employment opportunity programs and complaint processing procedures. EEOC Management Directive EEO MD-110 implements the requirements of 29 CFR Part 1614. Federal agencies perform a portion of the required EEO services in house. This statement of work will outline the roles and responsibilities of each party when the Ordering Agency (Agency) needs to contract out investigative, EEO counseling, Alternative Dispute Resolution (ADR), and drafting Final Agency Decision (FAD) functions.

Scope of Work

Investigations of Formal EEO Complaints
The Agency will issue the case assignment to the Contractor. Three types of discrimination complaints may be investigated; the categories are: individual, consolidated, and class complaints. Regardless of the type of discrimination complaint, the investigation is usually performed in four major phases: (a) preparing for the investigation; (b) securing testimony; (c) obtaining documentary evidence and developing statistical information; and (d) preparing the investigative file. The Contractor shall perform work in accordance with the revised and most current editions of applicable laws, regulations, and executive orders that pertain to each case assignment issued under this contract and provided by the Agency to the Contractor.
Counseling of EEO Informal Complaints
The Agency will issue the case assignment to the Contractor. Three types of discrimination complaints may be counseled; the categories are: individual, consolidated, and class complaints. Regardless of the type of discrimination complaint, the EEO Counseling is usually performed in four major phases: (a) Interviewing the Counselee, Responsible Management Official(s) (RMO), and witnesses; (b) framing the claims and drafting management’s and witnesses’ responses to the claims; (c) obtaining documentary evidence and statistical information; and (d) preparing the counseling report and related documents. The Contractor shall perform work in accordance with the revised and most current editions of applicable laws, regulations, and executive orders that pertain to each case assignment issued under this contract and provided by the Agency to the Contractor. The Contractor will also use, unless otherwise indicated by the COR, documents and forms provided by the Agency.
Alternative Dispute Resolution (ADR)
The Agency will determine when an aggrieved person or complainant is to be referred to the Contractor for ADR services. Three types of discrimination complaints may be referred; the categories are: individual, consolidated, and class complaints. Regardless of the type of discrimination complaint, the Alternative Dispute Resolution (ADR) is usually performed in six major phases: (a) Reviewing the Agency dispute file; (b) Developing an ADR Action Plan; (c) Setting up Meetings/Caucuses between the Parties; (d) Reviewing the ADR process with the Parties; (e) Identifying the issues; and either (f) Assisting the Parties in putting a proposed settlement agreement in writing and develop a draft settlement agreement or notifying the Parties if efforts to settle the dispute have been unsuccessful. The Contractor shall perform work in accordance with the revised and most current editions of applicable laws, regulations, and executive orders that pertain to each case assignment issued under this contract and provided by the Agency to the Contractor. The Contractor will also use, unless otherwise indicated by the COR, documents and forms provided by the Agency.

Drafting a Final Agency Decision
The Agency will issue the case assignment to the Contractor. Three types of discrimination complaints may require written FADs; the categories are: individual, consolidated, and class complaints. Regardless of the type of discrimination complaint, the FAD is usually performed in four major phases: (a) reviewing the Report of Investigation (ROI); (b) Drafting a presentation of facts; (c) conducting and drafting a legal analysis of the claims based on the information and evidence in the ROI; and (d) drafting recommended findings, conclusions, and, if applicable, appropriate remedies. The Contractor shall perform work in accordance with the revised and most current editions of applicable laws, regulations, and executive orders that pertain to each case assignment issued under this contract and provided by the Agency to the Contractor. The Contractor will also use, unless otherwise indicated by the COR, documents and forms provided by the Agency.
Investigation of Discrimination Complaints and Preparation of Reports of Investigation
The purpose of this subsection is to obtain Reports of Investigation in conformance with the standards established by the Equal Employment Opportunity Commission. Investigations shall be performed to identify and obtain evidence from all relevant sources and gather sufficient information, relevant to the accepted issues in the complaint, to determine the validity of the allegations. If the Agency determines a violation of the applicable laws occurred, the Report of Investigation must provide the Agency with a sufficient factual basis from which to fashion an appropriate remedy.
Investigations shall include a thorough review of the circumstances under which the alleged discrimination occurred and the treatment of others not of the complainant’s class in the organizational segment. Additionally, the investigation shall require a review of any policies and practices related to the alleged discrimination.
1.1 Agency and Agency Contact Person
The Contractor will be provided an Agency Contact Person (ACP) at the Indian Health Service (IHS), Diversity Management and Equal Employment Opportunity Staff (DM & EEO). The ACP is to be determined when the service is ordered and specified on the case assignment by the Agency. The ACP will make the determination of the category of the complaint and the number of issues contained in each complaint. Disagreements between the Agency and the Contractor should be resolved by discussion between the ACP and the Contractor. If a modification to the original case assignment is required as a result of discussions between the ACP and the Contractor, the ACP shall revise the case assignment to reflect the agreed upon category of complaint and/or number of issues, and send the revised case assignment to the Contractor. If disagreements cannot be resolved, the Agency reserves the right to terminate the case assignment.
2. EEO Counseling of Discrimination Complaints and Preparation of Counseling Reports
2.1 Purpose
The purpose of the EEO Counseling inquiry is to obtain information regarding the claim(s), address jurisdictional questions, and attempt to facilitate a resolution to the Counselee’s requested remedy. The EEO Counselor should interview persons who can provide information that is relevant to the claim(s), settlement, and jurisdictional questions. The EEO counseling inquiry is not an “investigation” nor is it intended to resolve disputed facts; rather, it is simply gathering information necessary for the EEO Counselor to assist the parties in resolving the matter. The EEO Counselor must control the inquiry at all times and seek guidance and assistance from the Agency. Documents generated through EEO Counseling should adhere to Agency formats, style guide requirements, and unless approved in writing, use Agency-provided forms and materials.
2.2 Agency and Agency Contact Person
The Contractor will be provided an Agency Contact Person (ACP) at the Indian Health Service (IHS) Diversity Management and Equal Employment Opportunity Staff (DM & EEO). The ACP is to be determined when the service is ordered and specified on the case assignment by the Agency. The ACP will make the determination of the category of the complaint. Disagreements between the Agency and the Contractor should be resolved by discussion between the ACP and the Contractor. If a modification to the original case assignment is required as a result of discussions between the ACP and the Contractor, the ACP shall revise the case assignment to reflect the agreed upon category of complaint, and send the revised case assignment to the Contractor. If disagreements cannot be resolved, the Agency reserves the right to terminate the case assignment.
2.3 Requirements of the Contractor
To perform EEO counseling, the Contractor shall:
Provide to the ACP within 2 business days from receipt of case assignment the name, contact information, and, if not previously provided, documentation of current counseling certification.
Furnish all essential equipment, materials, personnel, and supplies necessary to perform all of the work detailed herein, including conducting EEO counseling and preparing the Counselor’s Report.
The EEO Counselor will immediately notify the ACP in writing providing details sufficient for the ACP to advise Agency leadership if any of the following occurs:
Any individual involved in the EEO Counseling process advises that he/she needs a reasonable accommodation or is unable to perform work duties due to a disability.
Any individual involved in the EEO counseling process advises that he/she is a threat to himself or others, or words to that effect, or that any other employee or contractor is a threat to self or others or words to that effect.
Conduct EEO Counseling via telephonic interviews, unless otherwise impracticable, at which point in-person interviews are permitted with prior written authorization from the COR. Any alternate method for conducting EEO Counseling must be approved in writing and in advance, of the EEO counseling, by the COR.
The EEO Counselor shall contact the Counselee within three (3) days of assignment to schedule the Initial interview.
The Initial interview with the Counselee should be conducted as soon as possible after receiving assignment, but no later than eight (8) days of assignment. If the Counselee has provided documentation of representation using the Agency-provided form, the EEO Counselor must include the representative in all correspondence, email, telephone conversations, interviews, and any other contact with the Counselee. Unusual circumstances that may prevent conducting the interview immediately; e.g., illness, emergency leave, priority assignments, must be brought to the attention of the ACP.
The EEO Counselor should request , within two (2) business days of the initial interview with Counselee, any documents from the ACP and/or the COR that the EEO Counselor believes are relevant to the limited inquiry.
The EEO Counselor must request all relevant documentation regarding the matters raised in counseling from the ACP and the Counselee only (all requests for documents, except for requests to the Counselee, must be made to the ACP or COR).
The EEO Counselor must instruct the Counselee to submit all requested/offered documents to the ACP and instruct all witnesses to submit any documents they offer in support of their interviews to the ACP EEO Counselor. The EEO Counselor will review the documents and determine they are to be included in the EEO Counselor’s Report within three (3) business days of receipt from the Counselee/witnesses. If the EEO Counselor has any questions regarding the inclusion of the submitted documents with the EEO Counselor’s Report, then the EEO Counselor shall check with the ACP for guidance on the matter.
The EEO Counselor shall interview all witnesses, including the RMO, within twenty (20) days of the Counselee’s Initial contact with the Agency. Prior to contacting anyone other than the Counselee, and if applicable, the Counselee’s representative, the EEO Counselor must obtain written authorization from the ACP or COR.
The Contractor must notify the ACP immediately if a Counselee or witness refuses to cooperate with the limited inquiry. The ACP will take appropriate steps to secure the witness’ cooperation and remind the witness of his/her duty to cooperate with the inquiry. If the Counselee and/or witness ultimately fail to cooperate with the EEO Counselor, the EEO Counselor must document all attempts to secure the cooperation of that uncooperative witness or Counselee in the Counseling Report and attach any documentation, such as emails, to the Report.
The EEO Counselor must control the inquiry at all times and seek guidance and assistance from the Agency.
The EEO Counselor shall write-up each interview after completion, and incorporate the information into the Counselor’s Report.
The EEO Counselor shall review and summarize all documents relevant to the claim(s) and incorporate the information into the Counselor’s Report.
If the EEO Counselor believes the inquiry is deficient procedurally, or in content or scope, he/she shall immediately notify the COR.
By the 26th day after the Counselee’s Initial contact with the Agency, if the EEO Counselor has not completed the counseling process, the EEO Counselor should contact the Counselee regarding obtaining an extension.
A Counselee may agree, in writing, to postpone the Final Interview and extend the period for pre-complaint counseling for up to or less than sixty (60) additional calendar days from the date of the Initial contact.
Any extension of counseling must be requested by the EEO Counselor to the ACP and/or COR prior to the expiration of the initial thirty (30) day period.
Because timely completion of Pre-complaint counseling increases the probability of informal resolution and minimizes the negative impact that protracted inquiries have on the work environment, requests for extensions of EEO Counseling should be requested from the COR and/or ACP only in the following instances:

With the written consent of the Counselee; or
Requested by the Counselee; or
Unusual circumstances which prevented completion of the counseling inquiry during the initial thirty (30) day period, i.e., illness, travel, or emergency leave of the Counselee, a primary witness; or
When the Agency believes that informal resolution is likely or imminent, and a short additional counseling period is necessary to consummate an agreement.

The EEO Counselor should attempt to facilitate a resolution of the pre-complaint. If the Counselee and the Agency agree to an informal resolution of the dispute during the course of the EEO counseling inquiry, the terms of the informal resolution should be reduced to writing, and provided to the ACP or COR, and sent to the EEO Office for final review and approval by the EEO Office for form and compliance purposes. The EEO Counselor may not provide said document to anyone other than the ACP or COR.

If the Counselee elects to withdraw the Pre-complaint, the withdrawal must be obtained in writing using Agency-provided forms.

The EEO Counselor is responsible for submitting a final Counselor’s Report, regardless of whether the Pre-complaint is withdrawn, settled, resolved, went to ADR or is completed in any other manner, along with all paperwork gathered during the counseling process to the EEO office within three (3) days of conducting the Final Interview, within three (3) days of the conclusion of EEO Counseling, whether by final interview or otherwise, but no later than the 29th day from the Counselor’s Initial contact with the Agency, unless the Counselee has authorized an extension using Agency-provided forms. If such an extension was granted, the Counseling materials are due no later than seven (7) days before the end of the extension period.

Submit a weekly status report of all open EEO Counseling cases to the COR; or submit a status report of any and all open EEO Counseling cases upon the request of the COR in a format acceptable to the COR.

Perform EEO Counseling and have access to data related to any complaint only after providing a signed Nondisclosure Agreement for all personnel assigned under this Statement of Work.
Review all relevant personnel records and statistical data and make copies as needed for inclusion in the Counselor’s Report.
3. Alternative Dispute Resolution (ADR)

At a minimum, the Contractor shall include the following steps in the ADR process:
Review of Agency Dispute File: The Contractor shall review the Agency dispute file to determine the specific action(s) that caused the Aggrieved Person to believe that he/she is a victim of discrimination.

The Contractor shall develop an ADR Action Plan, including milestone dates. The ADR Action Plan shall be made available to the Agency Contact Person (ACP) in accordance with the timeframes of this Statement of Work (SOW). The ADR Action Plan shall identify the name of the proposed dispute resolution professional and include a copy of the dispute resolution professional’s resume detailing his/her ADR experience.

Meetings/Caucuses: The Contractor shall advise the principal parties of the time and place for the ADR meeting(s). The Contractor shall explore with the parties various options for resolving the dispute. Meetings shall be conducted during normal duty hours of the principal parties. The Contractor shall also mediate like or related issues raised during the ADR process.

Initial Meeting: The Contractor shall, before beginning ADR and throughout the process, review with the parties the ADR process, respective responsibilities of the dispute resolution professional and the parties, affirm the party’s willingness to participate in the process, and fully explain EEO procedures and guidelines relating to ADR.

Identification of Issue(s) and Basis (es): The Contractor shall encourage and elicit sufficient information from the parties to ensure that the issue(s) is clearly defined.

Agreement: If the allegation(s) is resolved and full or partial agreement is reached on the substance of the dispute, the Contractor shall assist the parties in putting the proposed Settlement Agreement in writing and develop a draft Settlement Agreement.

Closure: When it becomes apparent to the Contractor that resolution will not be reached, the Contractor shall inform the parties that their efforts to settle the dispute have been unsuccessful and shall close the ADR process. The Contractor shall maintain confidentiality in the process unless required to by law.

The Contractor is required to adhere to the Model Standards of Conduct for Mediators promulgated by the Society of Professionals in Dispute Resolution, the American Arbitration Association, and the American Bar Association.

The Agency shall:

Determine when an aggrieved person or complainant is to be referred to the Contractor for ADR.
1. Obtain written consent agreement from the parties to participate in the ADR process.
2. Forward the case to the Contractor.
3. Provide private meeting space for the on-site visit and/or authorize other method(s) of ADR to accomplish resolution.
4. Provide other accommodation(s)/aid(s) that may be requested by persons with disabilities.
5. Make available Agency officials who will be able to respond to questions and who have authority to resolve the dispute.

The Contractor is required to adhere to the Model Standards of Conduct for Mediators promulgated by the Society of Professionals in Dispute Resolution, the American Arbitration Association, and the American Bar Association.

1. Confidentiality: All information revealed during the ADR process is confidential. The Contractor shall advise the parties to the resolution attempt of their obligation to resist disclosures of information about the contents and outcomes of the ADR process. The Contractor in connection with the ADR function shall not utilize electronic devices used for recordings or transcripts of ADR proceedings or conferences.

2. Additional Services: Upon request of the Agency, the Contractor and the COR may negotiate terms and conditions for additional ADR services, e.g. neutral evaluations, conciliation, mini-trials, etc.
4. Preparation of Final Agency Decisions
4.1 Agency and Agency Contact Person
The Contractor will be provided an Agency Contact Person (ACP) at the Indian Health Service (IHS) Diversity Management and Equal Employment Opportunity Staff (DM & EEO). The ACP is to be determined when the service is ordered and specified on the case assignment by the Agency. The ACP will make the determination of the category of the complaint. Disagreements between the Agency and the Contractor should be resolved by discussion between the ACP and the Contractor. If a modification to the original case assignment is required as a result of discussions between the ACP and the Contractor, the ACP shall revise the case assignment to reflect the agreed upon category of complaint, and send the revised case assignment to the Contractor. If disagreements cannot be resolved, the Agency reserves the right to terminate the case assignment.
4.2 Case Assignment
The COR will electronically forward the case assignment; the ACP will, depending on the size of the document files, electronically or via a nationally recognized mail service, forward the Report of Investigation (ROI) and the case file. The Contractor shall assign a FAD Writer to a matter within two (2) business days of receipt of the assignment.
4.3 Requirements of the Contractor
The Contractor shall prepare FADs and have access to information related to any complaint only after providing a signed Nondisclosure Agreement for all personnel assigned under this Statement of Work.
The Contractor shall prepare a FAD which discusses and analyzes all claims presented in the formal complaint(s). 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. It should include all procedural and substantive issues presented.
The Contractor shall submit an electronic copy (MSWord format via email or on CD Rom) of the completed FAD to the ACP within twenty (20) calendar days of receipt of the complete case file, including ROI.
The Contractor shall submit a weekly status report of all pending FADs to the COR; or submit a status report of any and all pending FADs upon the request of the COR.
To prepare a FAD, or Recommended FAD, the Contractor shall:
Furnish all essential equipment, materials, personnel, and supplies necessary to perform all of the work detailed herein, including reviewing the ROI and completing the FAD.
Each FAD ordered under this contract shall be limited to the specific issues accepted and investigated in the ROI. Claims dismissed by the Agency shall be reviewed and a statement of concurrence or non-concurrence with the dismissal shall be included in the FAD.
If the FAD reverses a dismissed claim, the claim shall be adjudicated in the FAD or remanded for supplemental investigation, if necessary. If the Contractor believes there are procedural grounds for dismissing the entire complaint, or some of the accepted claims, the FAD should address those grounds in addition to the decision on the merits.
Each FAD must articulate the relevant facts, legal standard, and analysis with sufficient clarity so that: 1) the complainant can understand how the final decision was reached on each claim, and 2) the decision can withstand EEOC scrutiny on appeal. Following the prescribed format, the FAD must:

State the claim (basis(es) and issues);
Summarize the relevant procedural (processing events and dates) and factual (testimony and documentary evidence) background;
Provide a thorough analysis (apply appropriate theory of discrimination); and
Set forth the recommended conclusion (finding of discrimination, no finding of discrimination, and/or procedural dismissal).

If discrimination is found, the FAD will include an “ORDER” for appropriate equitable remedies consistent with 29 C.F.R. § 1614.501. Generally, where compensatory damages are appropriate, an award amount will not be given in the original FAD, unless sufficient information was provided in the ROI to make that determination. Instead, the complainant will be advised that compensatory damages may be available and will be provided with guidance on the procedure used for requesting, proving, and determining compensatory damage awards.

The analysis of each claim must follow established rules, regulations and legal principles and precedents. The FAD must clearly identify which theory of discrimination is being applied, i.e., disparate treatment, hostile work environment harassment, and/or adverse impact.
Case law precedents relied on in the FAD will be cited and will be in accordance with the EEOCG Style Guide. Matters from the ROI referenced in the FAD will be accordance with the EEOCG Style Guide and include Exhibit and page number.

Ability and skill level
The EEO Counselors, Mediators, Investigators, and FAD Writers must possess the following requisite training, experience, knowledge, and skills to perform the required EEO services.
EEO Counselors and Investigators must receive the applicable thirty-two (32) hours of training and eight (8) hours of refresher training each fiscal year thereafter as described in the EEO MD-110.
EEO Mediators must receive the applicable thirty-two (32) hours of training and eight (8) hours of refresher training each fiscal year thereafter as described in the EEO MD-110.
FAD Writers must have completed at least 5 cases/decisions; and have a minimum of two (2) years of Federal EEO Investigative or FAD Writing experience and/or legal analysis experience.
The Contractor must ensure that its employees, staff, or sub-contractors maintain the required professional certification(s). The Contractor must retain documentation of such records and must provide a copy of the certificate and Counselor’s, Mediator’s, Investigator’s, and/or FAD writer’s resume to the COR prior to case assignments, if requested. The Government will not pay expenses for Contractor, its employees, staff, or sub-contractors to meet and/or maintain the professional certification requirement(s).
In accordance with FAR 37.1l4(c), the Contractor, its employees, and sub-contractors must always identify themselves as Contractor personnel when dealing with Government employees or the public in the performance of the services under this contract. All documents or reports produced by a Contractor must also be suitably marked as contractor products.
Property
The Contractor shall be responsible for ensuring that EEO Counselors, Investigators, and FAD Writers have access to commercially available computer hardware and software necessary to perform the duties under this SOW, including but not limited to a personal computer running an operating system of Windows 7 or later, Microsoft Office 2007 or later, Adobe Professional X or later, Internet Explorer, a scanner, internet connectivity, and telephonic and fax access. All individuals working under this Contract must maintain and regularly access email accounts capable of transmitting and receiving documents. The Government is not responsible for furnishing any equipment or connectivity necessary for performing work under this contract.
Deliverable Format
All documents generated by the Contractor must be created using Microsoft Office products or otherwise in compliance with Section 508 of the Rehabilitation Act of 1973, as amended.
Availability of Investigators, Mediators, EEO Counselors, and FAD Writers
The Contractor must be able to assign an investigator to an Agency investigation within five (5) business days of a request from the Agency, an EEO Counselor within two (2) business days from the request of the Agency, the EEO Mediator within two (2) business days, and a FAD writer within two (2) business days from the request of the Agency.
The Agency requires that the investigator secure testimony and the EEO Counselor conduct counseling duties via telephone or in-person interviews unless otherwise approved by the Agency. The investigator has the option of conducting the interviews via either method, but the EEO Counselor should conduct the interviews and counseling duties via telephone unless otherwise impracticable.
The Agency requires that the mediator conduct mediation duties via telephone or in-person interviews unless otherwise approved by the Agency. The mediator has the option of conducting the interviews via either method, but the EEO Mediator should conduct the mediation in a manner most conducive to the Parties of the mediation.
The Agency can be divided into two categories, Headquarters Offices and Regional Offices, called Areas. The EEO cases will be located within either the Headquarters Offices or in one of the Agency’s twelve Regional Offices (Areas) identified as follows:

IHS Regional Offices (Areas)
Alaska Area Albuquerque Area
Bemidji Area Billings Area
California Area Great Plains Area
Nashville Area Navajo Area
Oklahoma Area Phoenix Area
Portland Area Tucson Area
The Government will not reimburse any travel expenses unless prior authorization from the COR is granted in writing.

Anticipated Period of Performance

Base December 14, 2014 through December 13, 2015
Option Year One December 14, 2015 through December 13, 2016
Option Year Two December 14, 2016 through December 13, 2017
Option Year Three December 14, 2017 through December 13, 2018
Option Year Four December 14, 2018 through December 13, 2019

Disclaimer and Important Notes. This notice does not obligate the Government to award a contract or otherwise pay for the information provided in response. The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed to allow the Government to determine the organization’s qualifications to perform the work. Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. After a review of the responses received, a pre-solicitation synopsis and solicitation may be published in Federal Business Opportunities. However, responses to this notice will not be considered adequate responses to a solicitation.

Confidentiality. No proprietary, classified, confidential, or sensitive information should be included in your response. The Government reserves the right to use any non-proprietary technical information in any resultant solicitation(s).

Interested small business firms are highly encouraged to respond to this notice. However, firms should understand that generic capability statements are not sufficient for effective evaluation of their capacity and capability to perform the work required. Responses must directly demonstrate the company’s capability, experience, and ability to marshal resources to effectively and efficiently perform the objectives described above.

Capability statement:
Interested parties should provide IHS with a capability statement on their company’s ability to perform. The following information is to be included in the white paper:

Information about their organizations: (a) staff expertise, including their availability, experience, and formal and other training; (b) current in-house capability and capacity to perform the work; (c) prior completed projects of similar nature; (d) corporate experience and management capability; and (e) examples of prior completed Government contracts; (e) references, and other related information;
Respondents’ DUNS number, organization name, address, point of contact, and size and type of business (e.g., 8(a), HUB Zone, etc.) pursuant to the applicable NAICS code;
technical and administrative points of contact, including names, titles, addresses, telephone and fax numbers, and e-mail addresses
Federal Supply Schedule information (if applicable)

Responses shall be delivered, via email, in Microsoft Word format and must be received by 5:00PM EST October 24, 2014

Page limitation of responses: Four (4)

Responses shall be addressed to:
Stephen Yuter
Contracting Officer, Head of Contracting Activity
Program Support Center
Department of Health and Human Services
Email: Stephen.Yuter@hhs.gov

Place of Performance: TBD US URL: https://www.fbo.gov/spg/HHS/PSC/DAM/IHS0001/listing.html

OutreachSystems Article Number: 141020/PROCURE/0149 Matching Key Words: documentar*;

Department of the ArmyDepartment of the Army, Army Contracting Command, MICC, MICC – Fort Benning, MICC – Fort Benning, Directorate of Contracting, Building 6, Meloy Hall, Room 207, Fort Benning, GA 31905-5000

99–Refuse Collections Services at Fort Benning Georga W911SF-15-R-0001 102914 katie.washington1, 706-545-2219 MICC – Fort Benning THIS IS A SOURCES SOUGHT ANNOUCEMENT ONLY. THERE IS NO SOLICITATION AVAILABLE AT THIS TIME Sources sought synopsis announcements are issued to assist the Agency in performing market research, to determine industry interest and capability. This is not a request for proposals (RFP). A response to this request will not be considered a proposal and cannot be accepted by the Government to form a binding contract. This is not a guarantee of a future RFP or an award. This document should not be construed as a commitment of any kind by the U.S. Government. Any information provided to the Government in response to this document will become the Mission and Installation Contracting Command Fort Benning (MICC-Fort Benning) property and will not be returned. The Government will not reimburse contractors for any cost associated with responding to this document. The Mission and Installation Contracting Command, (MICC-Fort Benning), Fort Benning, GA is seeking interested sources capable of providing Refuse Collections Services for Fort Benning, Georgia. The North American Industry Classification System Code (NAISC) code for this requirement is 562111 and the size standard is $38.5 million.
Objectives: The objectives shall include, but not limited to increasing the overall solid waste diversion rate, responsiveness, quality, final site condition, and acceptability to the customer. The contractor shall perform to the standards in the contract as well as comply with the latest installation, local, state, and federal regulations. The target diversion rate is at least 50 % of total annual refuse collection.

SECURITY: Access and General Protection/Security Policy and Procedures. This requirement is for Contractor employees with an area of performance within an Army-controlled installation, facility, or area. The Contractor and all associated Subcontractor employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The Contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

Contractors who believe they possess the expertise and experience shall submit a written technical capabilities statement. Interested contractors should also address whether they can fulfill the requirements. In addition, any small businesses that believe they can accomplish this requirement should indicate their small business status (See FAR Part 19) in their capability statements. Please send responses to the ATTN: REFUSE COLLECTIONS FY15, via email at usarmy.benning.hqda-aca.mbx.doc-offer@mail.mil by 3.00 p. m. eastern standard time (EST) on 29 October 2014. Please limit your responses to no more than five pages, using Times New Roman 12 pt font or equivalent.

As part of the capability package, firms must include the following:

(1) Capability Statement demonstrating knowledge and ability to perform services as specified. Capability statement must be sufficient to demonstrate performance directly related to the performance of the requirement.

(2) DUNS number, Business Size, socioeconomic status, annual revenue history and location.

(3) Contact information, name, title, telephone number, and e-mail address of designated corporate point of contact.

(4) Statement regarding capability to obtain the required industrial security clearances for personnel.

(5) Company’s ability to perform at least 51% of the work.

(6) Company’s ability to begin performance upon contract award.
NOTE: All interested parties must be currently registered in the System for Award Management (SAMS).

Further information and documents pertinent to this planned procurement will be posted to a ASFI website as they become available, interested parties are encouraged to visit this link regularly.
Place of Performance: MICC – Fort Benning Directorate of Contracting, Building 6, Meloy Hall, Room 207 Fort Benning GA 31905-5000 US URL: https://www.fbo.gov/notices/71a49130bdcddf475266da7206fbfa31

OutreachSystems Article Number: 141018/PROCURE/0321 Matching Key Words: writ*; technical; standard;

Department of the Army, Army Contracting Command, MICC, MICC Center – Fort Knox, MICC Center – Fort Knox, Directorate of Contracting, Building 1109B, Fort Knox, KY 40121-5000

R–Army Trademark Management – Hang Tags, Package Seals, Holographic Stickers, and Track and Trace Technology W9124D15R0011 102314 Elizabeth Phelps, 502-624-6751 MICC Center – Fort Knox Mission Installation Contracting Command – Knox intends to issue a request for proposals (RFP) for officially licensed hang tags, holographic stickers, package seal, and track and trace technology. This solicitation will be solicited as 100% small business set-aside; all responsible and responsive small businesses may submit an offer for consideration. A single no-cost agreement will be awarded. NAICS 323111 (Size Standard: 500) applies to this procurement. The RFP will be posted to the Federal Business Opportunities website at http://www.fbo.gov on or about 24 October 2014 with offers due on or about 25 November 2014. These dates are subject to change. All amendments to the solicitation will be likewise posted on thisDepartment of the Army website. Contractors are cautioned to check the website periodically for amendments. Solicitation mailing list will not be compiled and the RFP and amendments will not be sent out in paper copy. All documentation can and must be downloaded from the website above. Anticipated award date will be on or 15 January 2015. All contractors must be registered in the System for Award Management (SAM) at http://www.sam.gov to be eligible for award of a contract. Faxed proposals or amendments will not be accepted. All proposals must be submitted in accordance to the instructions in the RFP. Offerors shall deliver in person or mail completed proposal packages to: MICC – Fort Knox, Attn: CCMI-CKX-KX, Bldg 1109B, Ste 256, 199 6th Ave, Fort Knox, KY 40121-5720. Faxed, late or emailed proposals WILL NOT be accepted. All proposals shall be submitted no later than the date and time specified for receipt (see Block 8 on the SF 1449 or the latest issued amendment).

Set-Aside: Total Small Business URL: https://www.fbo.gov/notices/3e4f35d6e70afbb002942f4848898223

OutreachSystems Article Number: 141017/PROCURE/0029 Matching Key Words: age:state!ky; state!ky;

dept of health and human servicesDepartment of Health and Human Services, National Institutes of Health, Office of Administration, 6011 Executive Blvd 5th Floor Rockville MD 20852-3804

99 — Sign Language Interpreting and Computer Aided Real Time Transcribing Services Market Research HHS-NIH-OD-OLAO-SS-14-009 110314 Sharmaine Gerstel, Contract Specialist, Phone 301-594-3744, Fax 301-402-3407, Email gerstels@mail.nih.gov 10/16/14
SOURCES SOUGHT NOTICE

Sources Sought Number: HHS-NIH-OD-OLAO-SS-14-009

Project Title: Sign Language Interpreting and Computer Aided Real Time Transcribing Services Market Research

The National Institutes of Health (NIH’s), Office of Research Services (ORS), Division of Amenities and Transportation Services (DATS) is conducting a Market Survey to find qualified small business concerns, 8(a) small businesses, Woman-owned, small disadvantaged businesses, HUB Zone small businesses and Service-disabled Veteran small business concerns with the capabilities to adequately provide interpreting and CART services. Offerors are expected to have appropriate corporate infrastructure that will efficiently fulfill requirements set forth in the Statement of work. The intended procurement will be classified under NAICS 541930 Translation and Interpretation Services.

The Sources Sought is only for the above mentioned business types under the NAICS code 541930.
Background
The need for a qualified interpreting services and CART contractor exists because of the continual growth, professional development, and daily work routine of the D/HH employees, NIH guests and patients. There are also a number of “open to the public” events regularly scheduled.
Purpose and Objectives:

The purpose of this requirement is to have a qualified contractor provide Sign Language Interpreting Services and Computer Aided Real Time (CART) Transcribing Services. This will facilitate communication for events/meetings such as work related meetings, training sessions, safety talks, discussions on work related procedures, policies and assignments, disciplinary actions, conferences and any events attended by deaf-hard-of-hearing employees who communicate in sign language. These services may also be required for NIH patients, and their visitors to attend visits and appointments.
Key Project Requirements

Coordination of all aspects of the interpreting services scheduling.

A reservation system: To provide the data necessary to confirm and schedule requests, track
the contract, and track the event/meeting data (i.e. date, time, place, length of event/meeting, type of
event/meeting, requestor, and interpreter(s) assigned), and invoice the NIH for services rendered.

508 Compliant reports/database.

Anticipated period of performance
02/01/15 – 01/31/16
Capability Statement Requirements and Delivery Instructions

• Offerors should be able to demonstrate their ability to handle large volumes of interpreting/ CART services requests in excess of 1,500 hours per month in the various settings mentioned above.

• Offerors should also be able to adjust staffing as demand for interpreting requests increase.

Offerrors should have appropriate functional and technical capabilities to handle the requirement; For example having an interpreting services reservation system

In 15 pages or less, interested parties should respond to this market research notice highlighting  the following critical information:

1. The spectrum of interpreting and CART services that your firm has supported over the last three years. List the information for each task area separately.
2. The number of times that your firm has subcontracted out for an expertise within the task areas specified on the draft SOW. If so, what was the expertise you subcontracted for? List each task area separately.
3. Please identify your firm’s size standard.
4. Provide information to indicate that staffing requirements can be fulfilled. Particularly the provision of services for requests in excess of 1,500 hours per month.
5. Does your company have a database available to track interpreting requests?
6. Your overall management approach for the provision of these services.

Disclaimer and important notes.

It is emphasized that this request for information is only intended to be used for market research purposes and responses to this notice are not considered offers, will not be considered adequate responses to a solicitation and cannot be accepted by the Government to form a binding contract. After a review of the responses received, a pre solicitation synopsis and solicitation may be published in Federal Business Opportunities.

No proprietary, classified, confidential, or sensitive information should be included in your response. The Government reserves the right to use any non-proprietary technical information in any resultant solicitation(s).”

This notice does not obligate the Government to award a contract or otherwise pay for the information provided in response. The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed. Information provided will be used to assess tradeoffs and alternatives available for the requirement. Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted.

Submission of Capability Statements:
Capability statements should be received by Monday November 3, 2014 by 10:00 AM EST.
(a) When mailing your capabilities through the U.S. Postal Service use the following address: National Institutes of Health, Office of Logistics and Acquisition Operations, (OLAO), 6011 Executive Blvd., Room 629C, Bethesda, MD 20892. ATTN: Sharmaine Gerstel. (b) When hand delivering, or using a courier service such as: UPS, Federal Express, etc., use the following City, State, and Zip Code: Rockville, MD 20852. Responses by Facsimile (FAX) will not be accepted. Capability statements can be emailed by the due date listed above to gerstels@mail.nih.gov

Alternate Drop off point:
Capability Statements can be delivered to the receptionist on fifth (5th) floor at 6011 Executive Boulevard.

Point of Contact:
Sharmaine Gerstel, Contract Specialist, Phone: (301) 594-3744; gerstels@mail.nih.gov

Statement of Work (SOW)

National Institutes of Health (NIH), Department of Health and Human Services (HHS)

1. Title: NIH Sign Language Interpreting Services and Computer Aided Real Time Transcribing Services Performance Based Contract.

2. Background: As the world’s premier biomedical research institution, the NIH is committed to meeting the needs of staff, patients, guests and visitors who are Deaf/Hard of Hearing (D/HH). The NIH uses interpreting services and Computer Aided Real Time Transcribing Services (CART) to facilitate communication for events/meetings such as work-related meetings, training sessions, safety talks, discussions on work related procedures, policies and assignments, human resources actions, conferences and any events attended by (D/HH) persons, as well patient visits and appointments. In 2008, NIH used over 21,000 hours of interpreting and CART services. Over the last five years, NIH has used an average of over 19,000 hours annually. Historically, interpreting services have increased 5 to 7 percent a year. The services are primarily performed at on- and off-campus locations. In addition to the main NIH Bethesda Campus, services may be required to be performed at other NIH locations throughout the United States. The contractor is to provide qualified interpreters and CART services to meet these requirements.

The need for a qualified interpreting services and CART contractor exists because of the continual growth, professional development, and daily work routine of the D/HH employees, NIH guests and patients. There are also a number of “open to the public” events regularly scheduled. The NIH currently provides interpreting and CART services through a centrally-funded and managed performance based contract.

The NIH has established under the Office of the Director (OD), Office of Research Services (ORS), Division of Amenities and Transportation Services (DATS) a Program Management Team to oversee these requirements and services provided to our customers through this contract. This team consists of the Program Manager, a Federal Government employee in the DATS who is responsible for oversight and management of the contract. In addition, DATS has one full-time and one part-time Quality Assurance Specialist to assist in handling the day to day operations and surveillance of the contract as well as resolve any issues that may arise.

3. Project Objectives: The DATS Program Management Team will maintain primary responsibility and oversight of the contract. This SOW is for functional and technical assistance in this effort. This one year Performance Based Service Contract with four (4) option years will be to provide interpreting and CART services to the NIH. NIH is requesting qualified offeror’s to respond to the tasks described in this SOW.

4. Scope: The NIH employs approximately 30,000 persons of which an estimated 100 are self-identified as D/HH employees, but also numerous events that are open to the public, scientific and research symposiums, patients, patient visitors, contractors, etc. who are located primarily on the NIH Bethesda Campus but at our leased facilities throughout Montgomery County, MD as well. There is an expectation that this number of D/HH employees will grow by 1 to 2 % each year. NIH employees are also located in Frederick, Baltimore, North Carolina, and Montana and in other parts of the United States where there is/may be a need to provide interpreting and CART services to employees and guests. On an individual or case by case basis, the NIH will make prior arrangements with the contractor to reimburse for certain out-of-pocket expenses incurred by the interpreter (i.e., mileage, parking, tolls, lodging) in accordance with U.S. Government/NIH travel regulations if the interpreting or CART request is not in an NIH recognized duty station. Interpreting services are used principally for meetings, which can include supervisory-employee meetings, training classes, etc. Interpreting and CART services are also needed for patient consultations, lectures and special events, which include, but are not limited to, a large gathering of persons which may include D/HH persons (i.e., symposiums, conferences, lectures etc.) In addition, any activities sponsored by NIH involving government employees, patients, guests, and visitors in accordance with the guidance found in the NIH Manual Issuance – 2204 Reasonable Accommodations http://www1.od.nih.gov/oma/manualchapters/management/2204/2204.pdf Section J: Sign Language Interpreting Services may also require interpreting and CART services.

Types of Interpreting Services Required

Basic interpreting services include but are not limited to, ASL, sign language, oral, tactile, close-vision, deaf interpreting, cued speech, Video Relayed Services, Video Remote Interpreting or combination of services.

Scientific interpreting services include the basic interpreting services above, but also require the interpreter to have a working knowledge of the vocabulary that is specialized and/or technical in the area of scientific and medical applications. All interpreters assigned to provide services under this Performance Based Service Contract should be or quickly become familiar with government vernacular.

The contractor must be able to staff at all times between 27 – 44 interpreters which will be evaluated as follows:

• Minimum of 12-15 qualified interpreters with documented experience in scientific interpreting;
• Minimum of 4 Certified Deaf Interpreters;
• Minimum of 15-20 qualified interpreters to handle all non-technical routine interpreting services;
• Minimum of 5 CART reporters able to serve NIH.

The above minimum staffing numbers can/may increase/decrease based on business needs of the NIH. All of the above minimum staffing numbers are considered Key Personnel for this SOW.

5. Functional Specific Tasks:

a. Interpreters assigned to perform services outlined in this SOW should have a college degree (A.A., B.S., B.A., M.A., or M.S.), in an interpreting related field, with at least three years of current interpreting work experience. If the interpreter has no college degree, he/she must have at least five (5) years of current interpreting work experience preferably for Federal Agencies, Private Industry similar to the size and scope of the NIH, or Medical/Research Facilities. Interpreters must also be certified through screening as recognized by the National Registry of Interpreters for the Deaf (RID) and the National Association for the Deaf (NAD) levels 4 or 5 only.

b. Fluency of sign language on the entire sign language continuum to effectively facilitate communication between D/HH employees and hearing employees;

c. Ability to perform at least one of the following: (1) interpret voice to sign, (2) interpret sign to voice, (3) oral transliteration, (4) tactile, (5) close-vision, and (6) cued speech; Must have documented certifications for various disciplines as specified by RID and NAD levels 4 and 5.

Please refer to attached website http://www.rid.org/education/edu_certification/index.cfm

d. Ability to accurately interpret in a variety of settings, including those that require specialized, technical, legal, scientific, medical, library, and information technology vocabulary, and familiarity with government vernaculars;

e. Ability to keep pace with communications in conferences, meetings, seminars, training classes, etc.;

f. Ability to negotiate with speakers as ‘colleagues’ to mediate pace of communication as necessary and appropriate; or voice interpret when a D/HH person-s speech is not easily understood;

g. Ability to abstract, select and highlight within context when dealing with complicated concepts, idioms, etc.;

h. Practicing knowledge of and adherence to the tenets of the RID and NAD Code of Professional Conduct which include:

1. Interpreters adhere to standards of confidential communication;
2. Interpreters possess the professional skills and knowledge required for the specific interpreting situation;
3. Interpreters conduct themselves in a manner appropriate to the specific interpreting situation;
4. Interpreters demonstrate respect for consumers;
5. Interpreters demonstrate respect for colleagues, interns, and students of the profession;
6. Interpreters maintain ethical business practices; and
7. Interpreters engage in professional development.
The complete version of the RID and NAD Code of Professional Conduct may be found at the following web address: http://www.rid.org/UserFiles/File/NAD_RID_ETHICS.pdf
i. Knowledge of the diverse cultures within NIH D/HH community to effectively work as an interpreter;

j. Knowledge of the diversity of culture and skill to prepare for each interpreting assignment including the knowledge needed to assist in setting up an environment that is conducive to meeting the communication needs of both the hearing and deaf consumer;

k. Ability to effectively assess the language needs of the deaf consumer;

l. Ability to apply the analytical skills necessary to determine which communication modes the Deaf consumer is utilizing.

m. In certain circumstances color appropriate attire may be necessary. This is the responsibility of the contractor.

n. The Government shall not exercise any direct supervision or control over the Contractor employees performing these services under this contract. Such Contractor personnel shall be accountable to the Contractor, who, in turn, shall be accountable to the Government; and

o. The Contractor should use and evaluate all latest technology available when providing interpreting services for NIH. This should and may include the use of Video Relay Services and/or Video Remote Interpreting where applicable. The Government Reserves the right to modify and to make use of improved technology to enhance the provision of these services.

Qualified CART reporters must meet the following minimum knowledge, skills, and abilities:

a. Demonstrate Knowledge, skills and abilities in the Core Competency areas defined by the National Court Reporters Foundation. In addition reporters must be a Certified CART Provider (CCP);

b. Ability to provide small venue CART services to be used by D/HH staff, patients and visitors;

c. CART reporter must be able to handle and report various medical, scientific and technical terms proficiently;

d. CART translation shall be provided in real time; and

e. One unedited transcript of the service shall be provided to the consumer upon their request.

6. Deliverables

The contractor shall provide adequate interpreting and CART services as well as the overall management of the provisions of these services in order to meet our growing demand. To the extent that the DATS Program Office can, the NIH plans to advise the contractor of an interpreting service requirement at least five business days in advance of the event/meeting. The requests will include a description of the event/meeting, location, planned duration, type of service requested (Basic, Medical, Scientific, Emergency, Etc.), and recommended interpreter (if requested). All requests received five business days prior to an event/meeting must be filled and confirmed within one business day of receipt of request. Any requests received with less than five working days advanced notice should be filled according to the Performance Requirements Summary (pages 9-10).

Deliverables and Reporting Requirements are such that the Contractor shall provide a database similar to the current NIH Interpreting Services Database that will have the capability to compile and review the following reports and statistical data: reporting capability should be prepared to report on services being provided on a daily, weekly, monthly, yearly for regular types of reports, and on an ad-hoc basis depending on necessity by the Government:

a) Confirmation of Requests
b) Update of Individual Requests
c) Manage Status of Requests
d) Interpreting Services Reports
e) Monthly Invoices
f) Data by Institutes
g) Consumer Evaluation of Requests

Other standard data to be included on any data base must include: Name/NIH Identification Card Number, One-Time or On-Going Request, Date, Location, Type of Event (i.e. Conference, Interview, Meeting, Training, On-call, Medical, Patient, Scientific, etc.), Open/Closed to the Public, Type of Service Requested (i.e. ASL, Oral, Tactile, Close Vision, Cued Speech, CART, etc.), Special Instructions, and Date Requested/Date Cancelled. This standard reporting can be modified as necessary to ensure that appropriate data is being collected.

Note: This is subject to further enhancement throughout the term of the contract through active discussion with the Contractor, Contracting Officer, Project Officer, and Customers.
The Government retains the right to modify this deliverable as required. All reports are the sole property of the Government, and can only be released to the Contracting Officer or Project Officer.

7. Contract Requirements

1. The NIH requires that each interpreter on the vendor’s submitted list be approved by the NIH. These interpreters cannot be replaced or substituted without prior written approval from the Project Officer, except on an emergency basis;

2. Each Interpreter and CART reporter shall be able to obtain and display an NIH ID and also display at all times the company of employment’s ID. The contractor shall make profiles of its interpreters available on its website. These profiles should include a brief bio, including qualifications and a picture of the interpreters;

3. The NIH has a small need for interpreting emergency and non-emergency requests during both NIH business hours and non-business hours which may also occur during Federal government holidays or weekends and the contractor will be required to fulfill these infrequent requests;

4. The NIH will develop and distribute an evaluation survey which customers can complete and return to the project office. This may be in one of several ways including hard copy or electronic format. It should be noted that customers can also submit their own satisfaction or dissatisfaction comments to the Program Office;

5. The assigned interpreter shall make personal contact with the organizer/requestor of any assignment as appropriate. The NIH understands that emergency or last minute/late requests may not allow for this interaction between the contractor and the customer;

6. Operation during inclement weather and Government Closure may be required. It is the contractor’s responsibility to insure sufficient staff is available to support any non-cancelled operations during inclement weather, even if the Government has announced Official Closure or Liberal Leave. This also applies to events as stated in Number 3 above. If contact cannot be made with the Event Requestor as stated in Number 5 above, the Contractor must contact the Project Officer PRIOR to the event to determine if there is a need to provide service.

7. The contractor shall develop and maintain a reservation system matching employees to preferred interpreters. This would include a first and second preference interpreter for a specific employee. If those interpreters are not available for the D/HH employee, the contractor may then assign another interpreter to the assignment.

8. Technical Requirements:

The NIH requires coordination of all aspects of the interpreting services scheduling.
The Contractor shall provide the type of interpreting services reservation system approved with
the award of the contract. The reservation system shall provide the data necessary to
confirm and schedule requests, track the contract, and track the event/meeting data (i.e.
date, time, place, length of event/meeting, type of event/meeting, requestor, and interpreter(s) assigned), and invoice the NIH for services rendered

508 Compliance: Section 508 of the Rehabilitation Act requires that Federal agencies’ electronic and information technology is accessible to people with disabilities. This courseware product must be Section 508 conformant. Specifically, the end product must be conformant with all applicable provisions, including:

• 1194.21 Software Applications and Operating Systems
• 1194.22 Web-based Intranet and Internet Information and Applications
• 1194.24 Video and Multimedia Products
• 1194.31 Functional performance criteria
• 1194.41 Information, documentation, and support

These provisions can be found at http://www.access-board.gov/sec508/standards.htm

Information Security Training

HHS policy requires contractors/subcontractors receive security training commensurate with their responsibilities for performing work under the terms and conditions of their contractual agreements. The contractor shall ensure that each contractor/subcontractor employee has completed the NIH Computer Security Awareness Training course at: http://irtsectraining.nih.gov/ prior to performing any task order work, and thereafter completing the NIH-specified fiscal year refresher course during the period of performance of the task order.

Offeror’s Official Responsible for Information Security

The offeror shall include in the “Information Security” part of its Technical Proposal the name and title of its official who will be responsible for all information security requirements should the offeror be selected for an award.

Information Technology Rules of Behavior

The contractor/subcontractor employees shall comply with the NIH Information Technology General Rules of Behavior at: http://irm.cit.nih.gov/security/nihitrob.html.

Personnel Security Responsibilities

The contractor shall perform and document the actions identified in the “Employee Separation Checklist” (http://nitaac.nih.gov/downloads/ciosp2/Employee_Separation_Checklist.doc) when a contractor/subcontractor employee terminates work under this contract. All documentation shall be made available to the Project Officer and/or Contracting Officer upon request.

9. Government Furnished Property

NIH shall provide for use by contractor one office for on-call interpreters as well as two computers for use by on-call interpreters.

10. Quality Standards and Records & Reports:

The contractor shall comply with their proposed quality assurance plan. The NIH is committed to providing quality interpreting services for its requesters and users; to creating an effective service relationship between the NIH, Contractor, and our many diverse customers. We are committed to maintaining the highest standards for providing interpreting services as a government agency.

The Contractor shall maintain records and prepare reports as set forth in this SOW. A copy of all reports shall be maintained and be available for inspection by the Government at all times. From time to time, the Contractor and their employees may be required to make written and/or oral statements to authorized Government agencies due to a particular incident or issue. Any written statements provided shall be considered a report under the terms of this contract. All records and copies of reports shall be turned over to the Project Officer within five (5) calendar days after completion.

The Government reserves the right to modify any performance standards and/or metrics during the life of this contract, in order to ensure that the appropriate outcomes are being assessed and that the performance standards are appropriate. Changes will be accomplished via a bi-lateral contract modification

The Contracting Officer is the only person with the authority to act as an agent of the Government under this contract. Only the Contracting Officer has authority to perform any of the following:

• direct or negotiate any changes in the Solicitation or specifications
• modify or extend the period of performance
• change the delivery schedule
• change any terms and conditions of the contract.
.
Under the terms of this SOW, contractors are continuously encouraged to use innovative approaches in addressing the requirements contained in this solicitation. That creativity flexibility will be evaluated in terms of the extent to which it successfully addresses the requirements and constraints of the SOW and the likely effectiveness of the proposed performance standards, monitoring approaches, and incentives in producing optimal contract results while lessening the Government’s oversight burden. This partnership may come from many resources that are available – the Contractor, the assigned interpreters, the NIH, and most importantly, our customers who use these vital services.

The Contractor shall continually monitor the quality of interpreting services which will include internal methods for monitoring, identifying problems and deficiencies and effectively alleviating them to produce a quality level of services to the NIH.

The Contractor shall propose to meet these stated quality standards and shall state how it will achieve and monitor them including any additional proposed quality standards.

1. At least 98% of all requests received at least 5 business days in advance will be filled.

2. At least 90% of all requests received less than 5 business days in advance are filled.

3. At least 85% of all requests received for that particular day (day of) will be filled.

4. At least 90% of requests received outside normal business hours will have an interpreter respond onsite within 40 minutes.

5. At least 98% of all requests will be initially confirmed and scheduled by the vendor with accurate information based upon user provided information on each request (i.e., date, times, type of services, any special instructions, etc.).

6. At least 98% of all requests received are confirmed by the vendor within one (1) business day (e.g., all requests received during the hours of 7:00 a.m. to 6:00 pm must be confirmed to the Project Office no later than 4:00 p.m. the following business day. For requests received on a Friday between those hours, the vendor will provide the confirmation on Monday).

7. At least 95% of all confirmed interpreters respond to the properly scheduled event at least 15 minutes prior to start of the event.

The following represents the acceptable percentage that respondents will rate the contractor.

Excellent 30% minimum
Very Good 45% minimum
Average 22% minimum
Below Average 2% maximum
Poor 1% maximum

The NIH understands that this is a demanding and growing industry. During the Project Office’s monthly reconciliation process, it will identify performance standards that have been exceeded for that period. While we cannot place a cap or threshold on the number of requests requiring services over a given period, the NIH will provide incentives for each performance standard exceeded as shown on the Performance Requirements Summary. (Pages 9 – 11)

11. Standards of Conduct – Personnel:

Interpreting services are vital to the success of many of the NIH events or programs, regardless of whether they are open or closed to the public. Our employees, guests and visitors will receive quality services by professional interpreters. The following standards of conduct are specific to this contract, as well as adherence to the NIH Rules of Conduct. These standards have been developed to ensure that Interpreting or CART services are provided in the most effective and professional manner:
• The contractor shall provide the most accurate translation, interpretation or CART services possible;

• The contractor shall receive assignments directly from the Government and shall not act on requests received directly from customers;

• The contractor shall not perform any services for individuals, meetings, events on a volunteer basis;

• The contractor shall abide by all confidentiality rules and standards and shall maintain professional integrity during and after all assignments. The contractor shall not discuss the content of any service(s) performed under this contract with any persons other than the Project Officer/Contracting Officer

• The contractor shall not offer personal opinions, advice, or counsel before, during or after an assignment;

• The contractor shall direct all questions or problems relating to work performed under this contract to the Project Officer/Contracting Officer for consideration;

• The Interpreter/translator shall uphold all policies of the Government not specifically listed in or as periodically updated during the duration of this contract;

• Other Federal Personnel Rules of Conduct and Behavior that are not specifically cited or that may be implemented during the life of this contract; and

• The contractor shall not represent himself/herself or permit himself/herself to be represented to the public as an agent of the Government, nor shall he in anyway use this association with the Government in any type of advertising.

12. Post – Award Administration:

Contractor performance will be monitored in accordance with the Quality Assurance Performance Requirements and by review of monthly status and invoice reports. Monthly reports will be provided to the project management team and will include the following monthly information: the number of hours of interpreting and CART services provided per month, and billable cancellations per month. In addition the Project Officer in accordance with the Quality Assurance Plan will calculate incentives/disincentives based on contractors performance. Project Officer will approve and request invoicing for services no later than the 15th of each month.

Accurate/
Confirmed Requests

98% of all interpreting services requests received more than 5 days in advance of date are filled.
Project Officer will review and compare vendor-s and government-s monthly records to determine if vendor is meeting the stated standard.

Last Minute Requests
90% of all interpreting services requests received less than 5 days in advance of the requested date are filled.
Project Officer will review and compare vendor-s and government-s monthly records to determine if vendor is meeting the stated standard.

Day-of Requests
85% all interpreting services requests received during normal working hours of that day are filled.
Project Officer will review and compare vendor-s and government-s monthly records to determine if vendor is meeting the stated standard.

Emergency Off-hour Requests
90% of all interpreting services requests received after normal working hours will have an interpreter respond on-site within 40 minutes.
Project Officer will review and compare vendor-s and government-s monthly records to determine if vendor is meeting the stated standard.

Scheduling and Confirmation Accuracy
All interpreting services requests will be scheduled/confirmed with accurate information (date, times, type of service and/or special instructions).
Project Officer will review and compare vendor-s and government-s monthly records to determine if vendor is meeting the stated standard.

Confirmation of Request Delivery
All interpreting services requests are confirmed by the vendor within 1 (one) business day of request receipt.
Project Officer will review and compare vendor-s and government-s monthly records to determine if vendor is meeting the stated standard.

Confirmed Interpreter Response Time
All interpreters respond to the scheduled requested event at least 15 minutes prior to the start of the event. The Point of Contact (derived from the request) must be appraised of the interpreters’ arrival and departure for each event.
Project Officer will review customer-s evaluation sheets and other consumer feedback to determine if the interpreter arrived 15 minutes prior to the start of the event and made appropriate contacts.

Set-Aside: Total Small Business Place of Performance: NIH Bethesda, MD 20892 US URL: https://www.fbo.gov/spg/HHS/NIH/OoA/HHS-NIH-OD-OLAO-SS-14-009/listing.html

OutreachSystems Article Number: 141017/PROCURE/0446 Matching Key Words: video*; produc*; train*; conference?; seminar?; you; website; web; site?; page?; education*; business*; documentation; event?; produce?; distribut*; instruct*;

National Aeronautics and Space Administration, George C. Marshall Space Flight Center, Procurement Office, NASA/George C. Marshall Space Flight Center, Procurement Office, Marshall SpaceFlight Center, AL 35812

U–REVIEW PANEL RANGE SAFETY AND LAUNCH SUPPORT FOR NASA STUDENT LAUNCH NNM15530930Q 102214 Melinda James, Contracting Officer, Phone 256-544-0317, Fax 256-961-9604, Email melinda.l.james@nasa.gov – Melinda James, Contracting Officer, Phone 256-544-0317, Fax 256-961-9604, Email melinda.l.james@nasa.gov Melinda James **********PLEASE CONTACT HAROLD SMITH(ARCS), ONLY, IN WRITING AT HAROLD.SMITH-1@nasa.gov , or fax, (256)961-9604, FOR QUOTE OR TECHNICAL CONCERNS. CONTACT INFORMATION IS ALSO IN THE BODY OF THIS SOLICITATION.************** This notice is a combined synopsis/solicitation for commercial items prepared in accordance with the format in300px-NASA_logo.svg FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation shall not be issued. This notice is being issued as a Request for Quotations (RFQ) for A Review panel, Range Safety and Launch Support for NASA Student Launch Initiative. Specifications are attached. This procurement is a total small business set-aside. The NAICS Code and the small business size standard for this procurement is 541690/$7.0. The offeror shall state in their offer their size status for this procurement. All responsible sources may submit an offer which shall be considered by the agency. However, any award from this RFQ shall require the potential vendor to be certified within the System For Award Mangement System (SAM)and completion of Reps and Certs in the SAM system prior to award at http://www.sam.gov. Delivery shall be FOB Destination to MSFC, Central Receiving, Bldg 4631, MSFC, AL. Delivery date TBD. Offers for the items described above are due by October 22, 2014 by 2:00 P.M. CST to Harold Smith(ARCS) at Harold.Smith-1@nasa.gov or faxed to (256)961-9604 and must include, solicitation number, FOB destination to this Center, proposed delivery schedule, discount/payment terms, warranty duration, taxpayer identification number (TIN), identification of any special commercial terms, and be signed by an authorized company representative. All contractual and technical questions must be in writing (e-mail or fax) to Harold Smith at Harold.Smith -1@nasa.gov or faxed to 256-961-9604 no later than 2:00 PM CST 10/20/2014. Telephone questions will not be accepted. Offerors shall provide the information required by FAR 52.212-1 (JUL 2014), Instructions to Offerors-Commercial Items, which is incorporated by reference. If the end product offered is other than a domestic end product as defined in the clause entitled “Buy American Act — Supplies,” the offeror shall so state and shall list the country of origin. FAR 52.212-4(May 2014), Contract Terms and Conditions-Commercial Items is applicable. FAR 52.212-5(July 2014), Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items is applicable and are attached to this solicitation. The FAR may be obtained via the Internet at URL: Set-Aside: Total Small Business URL: https://www.fbo.gov/spg/NASA/GMSFC/POVA/NNM15530930Q/listing.html

OutreachSystems Article Number: 141016/PROCURE/0060 Matching Key Words: writ*; technical; standard;

FedBizOpps – Awards

Department of the Navy, Naval Supply Systems Command, NAVSUP Fleet Logistics Center Jacksonville, 690 San Carlos Rd., Pensacola, FL 32508

69–LEADERSHIP TRAINING N43944T15P001 Name: Client Services, Title: Client Services,600px-US-DeptOfNavy-Seal.svg Phone: 1.877.933.3243, Fax: 703.422.7822, Email: Clientservices@fedbid.com; 880955757 $43,260.00 101714 ALL PREP EDUCATIONAL VIDEO INC DBA PREP EDUCATIONAL PRODUCTS [DUNS: 825327083], 7600 E Orchard Road, Suite 300S,GREENWOOD VILLAGE CO 80111 No Description Provided
URL: https://www.fbo.gov/notices/3a06282024c00d80d9907902e9cf379a

OutreachSystems Article Number: 141018/AWARDS/0666 Matching Key Words: video*; produc*; train*; education*;

FedBizOpps – Surplus

Department of the ArmyDepartment of the Army, Non-Appropriated Funds, Army & Air Force Exchange Service, 3911 S. Walton Walker Blvd. Dallas TX 75236-1598

99 — Sale of Post-Consumer Baled Mixed Recycleable Material QRP15-0011 102414 Bridgette Caico, Clerk, Phone 502-624-5026, Fax 502-624-5672, Email bridgette.r.caico.naf@mail.mil – Daniel G Pearman, Program Manager, Phone 502-624-5673, Fax 502-624-5672, Email daniel.g.pearman.naf@mail.mil The Fort Knox Qualified Recycle Program is issuing an invitation for sale of Post-Consumer Baled Mixed Recyclable Material. The duration of this is for 1 year.
Please open the attached document on this posting for the sale solicitation/agreement that is required for bidding. Sign, initial each page in the designated field, date and enter all of the required information in your bid. Send your bid to Daniel Pearman or Bridgette Caico by fax: 502-624-5672 or by email at bridgette.r.caico.naf@mail.mil. Respond due date is a 2pm Eastern Standard Time.
Please call Fort Knox QRP, if you have any questions or concerns. All Bids are welcome.
The contract performance location is bldg 2962, 309 Frasier Rd. Fort Knox Ky 40121
Bridgette Caico
Shipping, Sales, and Receiving Clerk
Fort Knox Qualified Recycle Program
Phone- 502-624-5026
Fax- 502-624-5672
Place of Performance: 309 Frazier Rd Bldg 2962 Fort Knox , KY 40121 US URL: https://www.fbo.gov/spg/USA/NAF/AAFES1/QRP15-0011/listing.html

OutreachSystems Article Number: 141018/SURPLUS/0688 Matching Key Words: state!ky;

USABID State and Local Purchases

Kentucky – Louisville Metro Government http://www.demandstar.com/supplier/bids/agency_inc/bid_list.asp?f=search&mi=192646 611 West Jefferson Street; Louisville, Kentucky 40202; (502) 574-3211

R – Digital Evidence Management Solution SOL RFP-3307-0-2014/PL Digital Evidence Management Solution Due Date: 11/5/2014 3:00 PM Eastern Contact: Peter Langlois For more information about this opportunity please contact the buyer directly.

OutreachSystems Article Number: 141017/BID/0411 Matching Key Words: age:state!ky; state!ky;

PREVIOUS BUSINESS AND CAREER OPPORTUNITIES BIDS AND PURCHASES

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