SOLICITATION NOTICE
R -- Alternative Dispute Resolution Mediation Services - (Draft)
- Notice Date
- 2/11/2014
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541199
— All Other Legal Services
- Contracting Office
- Equal Employment Opportunity Commission, Office of the Chief Financial Officer, Acquisition Services Division, 131 M Street, NE, 6th Floor, Washington, District of Columbia, 20507, United States
- ZIP Code
- 20507
- Solicitation Number
- RFQ0113-14
- Archive Date
- 3/19/2014
- Point of Contact
- Gregory A Browne, Phone: (202) 663-4292, Anthony R Price, Phone: (202) 663-4218
- E-Mail Address
-
gregory.browne@eeoc.gov, anthony.price@eeoc.gov
(gregory.browne@eeoc.gov, anthony.price@eeoc.gov)
- Small Business Set-Aside
- N/A
- Description
- Attachment D – Past Performance Questionnaire Attachment C – FEPA Mediation Participation Qualifications Sheet Attachment B – Mediation Qualification Sheet Attachment A – ADR Geographical Locations and Points of Contact This is a combined synopsis/solicitation for commercial items/services prepared in accordance with the format in Federal Acquisition Regulation Part 12, Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotations are being requested and a written solicitation will not be issued. The Contracting Officer is utilizing policies and procedures prescribed in Part 12, Acquisition of Commercial Items. Solicitation Number RFQ 0113-14 is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-72 effective on January 30, 2014. Mediators and Fair Employment Practice Agencies (FEPA) that can satisfy the requirements listed below are encouraged to submit a quotation. This solicitation is considered an unrestricted procurement. The U.S. Equal Employment Opportunity Commission (EEOC), Washington, DC 20507 has a requirement for mediators to provide mediation services to resolve disputes through the Alternative Dispute Resolution (ADR) process for private sector charges filed with the EEOC at various EEOC District, Field, Local and Area offices. Due to severe budgetary constraints, EEOC anticipates awarding only a limited number of contracts on an as needed basis, primarily in areas where EEOC staff are unavailable to mediate due to geographic and travel limitations. Locations of mediations is unpredictable and will vary within each EEOC office, depending upon availability of EEOC staff in conjunction with instances where parties have agreed to mediate their dispute. Given the limited funds budgeted for this action and the uncertainty in the number and location of cases to be mediated, EEOC will not be able to group or "bunch" cases in a specified location within a specified time period and will strongly consider a mediator's ability to travel throughout a District/Field Office location for a single dispute. Failure to provide mediation service in a timely manner absent reasonable cause after a case has been assigned will lead to termination of the contract. Mediators will not have decision making authority. They will assist the parties in settling their employment discrimination disputes before the EEOC and shall remain impartial to either party. Charges of employment discrimination to be mediated may involve numerous and interrelated issues, complex fact patterns and employers with large or small workforces. Mediation services are contemplated for the following EEOC District and Field Offices or in other Offices that report to the 16 named offices: 1. Atlanta, GA; 2. Birmingham, AL; 3. Charlotte, NC; 4. Chicago, IL; 5. Dallas, TX; 6. Houston, TX; 7. Indianapolis, IN; 8. Los Angeles, CA; 9. Memphis, TN; 10. Miami, FL; 11. New York, NY; 12. Philadelphia, PA: 13. Phoenix, AZ; 14. San Francisco, CA; 15. St. Louis, MO; 16. Washington, DC. The specific address and point of contact for each location are available on the ADR Geographical Locations and Points of Contact List (Attachment A). The EEOC contemplates the award of multiple Firm-Fixed Price Indefinite Delivery/Indefinite Quantity (IDIQ) task order Contracts. The unit of issue per mediation is $800 each. Travel expenses are included in the unit price of $800.00 per mediation. The Commission guarantees a minimum of one (1) mediation for each contract, and the estimated maximum number of mediations per contract is thirty-one (31) for the base period, a maximum of 31 mediations per option year, and a maximum of 155 if all options are exercised. The Government does not guarantee a maximum quantity. Given the anticipated limited funding for this solicitation, it is extremely unlikely that the maximum quantity will be reached. Task Orders will be issued under each contract on a fixed price basis. Period of Performance: The estimated period of performance for the basic contract is from the effective date of award through twelve (12) months with four (4) one-year (12 months) option periods. The Contracting Officer may exercise the option by providing written notice to the contractor prior to the expiration date of the contract. The quotation package shall include the following line items in a written quotation: CLIN 0001. Base Period - Mediation Services: (See Mediator Minimum Qualifications under General Requirements), CLIN 0002. Option Year 1 - Mediation Services: (See Mediator Minimum Qualifications under General Requirements), CLIN 0003. Option Year 2 - Mediation Services: (See Mediator Minimum Qualifications under General Requirements), CLIN 0004. Option Year 3 - Mediation Services: (See Mediator Minimum Qualifications under General Requirements); and CLIN 0005. Option Year 4 - Mediation Services: (See Mediator Minimum Qualifications under General Requirements). Also, quotations shall include, but are not limited to the completion and submission of the following items: 1. Mediation Qualification Sheet (Attachment B), 2. FEPA Mediation Participation Qualifications Sheet (Attachment C), and 3. Past Performance Questionnaire (Attachment D). In addition, the vendor shall include a completed copy of the provisions at 52.212-3, Offeror Representations and Certifications - Commercial Items, with your quotation. A copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items, can be downloaded from the website https://www.acquisition.gov/far. An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov/far. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision. The contractor shall perform the following tasks: Mediators shall attempt to assist parties to resolve employment discrimination disputes filed with EEOC. Mediators may be required by some or all of the District Offices listed in Attachment A. A task order will be issued to initiate performance under the Indefinite Delivery/Indefinite Quantity contract. The task order will include the charge name, and a brief narrative/information regarding the charge (charge file or other information). The mediation shall be completed within 45 calendar days of receipt of the charge information. The mediator shall ensure that a date and time are established and arrangements are made for the mediation site convenient for the parties involved in the disputes. The mediator shall contact the COR to determine if Government owned or leased facilities are available for mediation. If Government owned or leased facilities are not available, the mediator must provide facilities at no cost to the parties or EEOC at a site convenient to both parties. All contact information for the mediation will be provided to the COR within five (5) calendar days of receipt of charge information. All mediator travel costs shall be assumed by the mediator. The EEOC will not reimburse the mediator for any travel costs required in performance of this contract. In the event that a party to the mediation requests a postponement or does not wish to participate in the Mediation Program, the mediator shall notify the COR within three (3) business days. The mediator shall destroy the charge file within seven (7) calendar days from the date of the completion of the mediation or seven (7) calendar days from the date that a Party to the Mediation refuses to participate in the Mediation Program. MEDIATOR ORIENTATION: EEOC, when required, will provide post award orientation to the mediator on EEOC policies and procedures, EEO law, standard of conduct for mediators, and preparing settlement agreements. The Contractor shall provide to the Contracting Officer's Representative (COR) a list of mediators who require the orientation described above within 45 calendar days after award. MEDIATION: The mediation shall be conducted within the time frames agreed to in advance of the mediation. The mediator shall review the charge file/history of the parties and the issues raised prior to the mediation. The mediator shall assist the parties in defining the problem to be resolved, articulating their views, identify areas of agreement, and help to develop solutions to the issues before the mediator. The mediator shall utilize impasse breaking techniques to facilitate a settlement of the parties. The mediator shall make no attempt to coerce either party during the process in order to reach an agreement on any matter. When a full or partial agreement is reached on the issues, the mediator shall assist the parties in developing a written settlement agreement and obtain the necessary signatures on the document. The mediator shall provide two (2) copies of the settlement agreement to the COR within seven (7) calendar days of the settlement. Information concerning the mediation shall be confidential. The mediator shall notify the parties to the mediation that the content of the mediation and resolution of the mediation shall not be disclosed, except as otherwise provided by the confidentiality agreement or required by law. MEDIATION FOLLOW-UP: The mediator shall complete a case status sheet at the conclusion of the mediation. This status sheet shall include the results of the mediation. The completed status sheet shall be provided to the COR within seven (7) calendar days after the mediation has concluded. The status sheet is to be provided whether the mediation results in a settlement or impasse. Parties to the mediation may be requested to evaluate the effectiveness of the mediation process. The mediator shall be required to provide a copy of an EEOC developed evaluation form and an envelope to the parties. The parties will be requested to complete the evaluation at the conclusion of the mediation session, place it in the envelope provided and seal the envelope. The mediator shall be required to forward the sealed envelopes to the COR along with all other required forms. All data collected are the property of EEOC. OPTIONAL TELEPHONIC CONTACTS (No Charge): The COR will provide the contractor with information to contact the parties to determine if they want to participate in the mediation process by discussing the concept of mediation, the mediation process, and the mediation program. If either party declines to participate in mediation, the charge file shall be returned to the COR. The caller who contacted the parties may be eligible to mediate the case when approval is obtained from the COR. The contractor has 30 calendar days after receipt of the charge file to contact the parties, and return the charge file to the COR. FEPA PARTICIPATION: Fair Employment Practices Agencies (FEPAs) seeking consideration for a mediation contract must have a current charge resolution contract with EEOC. FEPAs must also demonstrate in their quotation that they meet all of the minimum requirements set forth in Attachment C. Failure to meet any of the minimum requirements will disqualify a FEPA from participation. In general, a prospective FEPA participant must demonstrate that the following general programmatic requirements have been met: 1. FEPA has a current mediation program, and will utilize a facilitative mediation style.; 2. FEPA's mediation service is provided by internal FEPA staff separate from other FEPA enforcement and legal staff.; 3. FEPA mediation staff has been trained in the principles and strategies of facilitative mediation.; and 4. FEPA has developed and maintained an information firewall between enforcement and mediation staff identical to EEOC's mediation program. Multiple firm fixed-price Indefinite Delivery/Indefinite Quantity (IDIQ) task order contract will be awarded to responsible vendors whose quotation represents the best value to the Government. Interested parties must indicate in their quotation whether they accept payment via Government-wide commercial purchase card. The prospective contractors must be registered in the System for Award Management (SAM) database prior to award of the resulting contracts. Registration is free and can be completed on-line at http://www.sam.gov. Each quotation must clearly indicate the capability of the vendor to meet the requirements specified in this combined synopsis/solicitation. General Requirements: The following qualifications for the mediator are specified in terms of minimum requirements. Quoters must complete all of the information requested contained in Attachment B. Failure to fully and accurately complete Attachment B will result in the Quoter's disqualification. The mediator shall have a minimum of five (5) years of mediation experience. The mediator shall have knowledge of the following subjects: 1. Theories of Conflict Resolution and Dispute Settlement; 2. Overview of various ADR processes/systems; 3. Role of Third Parties in various ADR processes; 4. Basic Principles of Mediation: Goals of Mediation, Role of Mediator, and Solo v. Co-mediation Models; 5. Stages of Mediation Process: Pre-mediation, Joint session/Caucuses, and Post-mediation; 6. Mediation Skills: Actively listening, Facilitating communication, Generating options, Breaking impasse, Trust building/Rapport building, Paraphrasing, Handling emotions, Managing the interactions/Balancing power, Summarizing, and Problem solving; 7. Roles of Parties in the Mediation Process: Co-mediators, and Parties' attorneys; 8. Important Concepts in Mediation: Trust, Confidentiality, Ethical considerations, and Standards of conduct. The mediator shall have a working knowledge of the principles, methods, practices, and techniques associated with mediation. Working knowledge can be obtained through formal instruction or through experience gained such as an Ombudsman investigating complaints, reporting findings, and mediating fair settlements between aggrieved parties; work as a mediator with a state or federal court system; work as a mediator facilitating employee and or EEO disputes or a combination of formal instruction and experience. The mediator shall be able to analyze issues in dispute and evaluate their importance and susceptibility to compromise, to formulate ideas and practical suggestions for alternative solutions. The mediator shall be able to make concise, accurate and persuasive oral and written presentations in order to analyze and synthesize cases. The mediator shall possess the ability to enter into tense situations and deal effectively with people of varying personality, temperament, prejudices and personal attitude. The mediator must have the experience, knowledge and abilities listed under mediator minimum qualifications. As part of the five (5) years experience, the mediator also must have two years of experience in mediating EEO matters. As part of this EEO mediation experience, the mediator must have mediated as the lead mediator. The EEO meditations must have been related to one or more of the following statutes: a. Title VII of the Civil Rights Act of 1964, as amended, b. Civil Rights Ac. of 1991, c. The Age Discrimination in Employment Act of 1967, as amended, d. Equal Pay Act of 1963, as amended, e. Americans with Disabilities Act of 1990, as amended. The Government will consider the mediator's availability, conflict of interest concerns, and other selection criteria deemed critical to the mediation process. Generally, one mediator shall be used for each dispute. The EEOC also may require that a qualified mediator co-mediate a case with a less experienced mediator, if scheduling permits. Submission of Quotation: Your quotation in response to RFQ0113-14 is due on March 4, 2014 in the office(s) at 5:00 p.m., local standard time. Interested parties shall submit quotations to the specific EEOC Office location(s) where you want to be considered for award of a contract that appears on Attachment A. A quotation submitted via e-mail addressed to the point of contact at the specific location(s) where you want to be considered for award of a contract that appears on Attachment A will be accepted. If any part of the submission is incomplete, inaccurate or contains any misrepresentation, it will be eliminateded from consideration. Questions regarding this request for quotation should be submitted to Gregory Browne, via e-mail at gregory.browne@eeoc.gov. Telephone inquiries or responses are not acceptable. The deadline for submission of questions regarding RFQ0113-14 is February 19, 2014 at 1:00 p.m. EST. The Government will not reimburse interested parties for any cost associated with responding to this business opportunity. All responsible sources may submit a quotation which shall be considered by the agency. Contracts will be awarded on an as needed basis throughout the first year of the contracting period beginning on or before April 4, 2014. Quoters are encouraged to visit the link on EEOC's website http://www.eeoc.gov/abouteeoc/doingbusiness.html to review a list of "Frequently Asked Questions Regarding RFQ0113-14," to assist quoters in completing the acquisition process. Evaluation Factors for Award: The evaluation factors that will be used by the Government during the evaluation process are listed as follows in ascending order of importance: Factor 1 - Technical Capability, and Factor 2 - Past Performance. Factor 1-Technical Capability: Quotations will be evaluated on the vendor's ability to: 1. Meet the requirements regarding the mediator qualifications. Factor 2 - Past Performance: The vendor must provide a minimum of two (2) references for past experience for similar work by fully completing the information requested in Attachment D concerning the quoter's past experience. Evaluation will also include, among other criteria, quoters' success rates, EEO mediation experience, past performance in same or similar mediation programs and appraisal information received from supervisors and program managers. Note to quoters: In the event that problems arose during the performance of your services, quoters should provide a narrative of the circumstances and any corrective actions undertaken to correct the problem, the resulting action taken by the program manager and the overall impact this event(s) placed on performance under the contract. FEPA quoters will be evaluated on additional criteria by fully completing the information requested in Attachment C. Failure to complete fully Attachment C will result in the Quoter's disqualification. Given its current limited budgetary situation, EEOC will strongly consider the extent that quoters can augment the coverage and the geographic scope of EEOC mediation workload, with additional consideration given providing service in areas underserved by EEOC staff mediators. Underserved areas differ from one EEOC office to another. An underserved area is a site where a mediation is to be held but is difficult or prohibitive for EEOC staff to attend. Underserved areas typically begin approximately fifty miles from the EEOC office where the charge was filed. EEOC will also consider the quoters ability to mediate in a foreign language. Quoters must state if there are any mediations relating to any statute(s) or issues which it considers itself to be unqualified or unwilling to conduct. Quoters must specify where they are not able to perform mediations by state and/or county. Again please note that EEOC does not provide reimbursement for travel expenses. Geographical Coverage: A quoters willingness to conduct mediations throughout an office's jurisdiction may be taken into account. Additional points or elevation in ranking may be granted if the quoter is flexible to mediate at any location throughout an office's jurisdiction. While some offices may take this into account, others may not depending upon the individual work needs of that office. Quoters should state their availability to mediate in the following geographic areas (these are listed in no particular order of importance as the needs of the offices vary); 1. Limited Areas-the quoter will mediate in only certain geographical areas and not others. 2. Underserved areas. and 3. All Areas. Purchase Card-Additional consideration will be given to a quoter that accepts a purchase card as a method of payment. Pricing: EEOC will not request a price quote from quoters under this RFQ, because the unit price of $800.00 has been established for each mediation case requirement. The Government will not evaluate price under this RFQ. Therefore, pricing information will not be accepted or considered. EEOC technical evaluator(s) will rank the quoter (firm) considered to be the most highly qualified in accordance with the evaluation criteria set forth in this RFQ, in order of preference. Award will be made to the highest technically rated quotation(s). The award of multiple Firm-Fixed Price Indefinite Delivery/Indefinite Quantity (IDIQ) task order contracts is contemplated. The Government reserves the right to evaluate quotations and make contract award(s) without discussions with quoters (except clarifications as described in FAR 15.306(a)). Therefore, quoters must submit their most favorable terms from a technical standpoint. The evaluation of the quotations shall be within the sole judgment and discretion of the EEOC. The Government reserves the right to conduct discussions, if the Contracting Officer later determines them to be necessary. Contract award(s) will be based on the evaluation factors listed in this RFQ. Applicable Provisions and Clauses: The provisions at 52.212-1, Instructions to Offerors - Commercial Items applies to this acquisition. The vendor shall include a completed copy of the provisions at 52.212-3, Offeror Representations and Certifications - Commercial Items with your quote. The provision at 52.216-27, Single or Multiple Awards applies to this RFQ. Clause 52.212-4, Contract Terms and Conditions-Commercial Items and Clause 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Order-Commercial Items are incorporated by reference. Clause 52.204-10 Reporting Executive Compensation and First -Tier Subcontract Awards, Clause 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, Clause 52.216-18 Ordering, 52.216-19 Order Limitations, 52.216-22 Indefinite Quantity, Clause 52.217-9 Option to Extend the term of the Contract, (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. (End of clause) Clause 52.222-3 Convict Labor, Clause 52.222-19 Child Labor - Cooperation with Authorities and Remedies, Clause 52.222-21, Prohibition of Segregated Facilities, Clause 52.222-26 Equal Opportunity, Clause 52.222-35 Equal Opportunity for Veterans, Clause 52.222-36 Affirmative Action for Workers with Disabilities, Clause 52.222-37 Employment Reports on Veterans, Clause 52.222-50 Combating Trafficking in Persons, Clause 52.223-18 Encouraging Contractor Policies to Ban Texting Messaging While Driving, Clause 52.225-13 Restrictions on Certain Foreign Purchases, Clause 52.232-33, Payment by Electronic Funds Transfer - System for Award Management are incorporated by reference, Clause 52.233-3 Protest after Award and Clause 52.233-4 Applicable Law for Breach of Contract Claim. To obtain the above provision/clauses in full text, please visit https://www.acquisition.gov/far. Method of payment: Electronic Funds Transfer.
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/EEOC/OCFOAS/PMD/RFQ0113-14/listing.html)
- Record
- SN03286056-W 20140213/140211234430-c7ce8966d8860119971d71ad34502cc4 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
| FSG Index | This Issue's Index | Today's FBO Daily Index Page |