SOLICITATION NOTICE
R -- PROFESSIONAL CONSULTING SERVICES TO FDA/CENTER FOR VETERNARY MEDICINE
- Notice Date
- 9/5/2007
- Notice Type
- Solicitation Notice
- NAICS
- 541611
— Administrative Management and General Management Consulting Services
- Contracting Office
- Department of Health and Human Services, Food and Drug Administration, Office of Acquisitions and Grants Services, 5630 Fishers Lane, Room 2129, Rockville, MD, 20857-0001, UNITED STATES
- ZIP Code
- 00000
- Solicitation Number
- FDA-SOL-07-1032680
- Response Due
- 9/11/2007
- Archive Date
- 9/26/2007
- Small Business Set-Aside
- Total Small Business
- Description
- This a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12.6. This announcement constitutes the only solicitation and written solicitation will not be issued. This synopsis, identified as FDA-SOL-07-1032680, is to notify contractors that the government intends to issue a Purchase Order in accordance with FAR Part 13.106 for the following, full-time, services to be performed at the FDA, 5600 Fishers Lane, Room 1026, Rockville, MD 20857. STATEMENT OF WORK Professional Services to provide consulting services, guidance and advice to FDA/CVM in the areas of employee relations, conflict resolution, mediation, grievance examining, and personnel misconduct investigation. Background The Center for Veterinary Medicine (CVM) regulates the manufacture and distribution of food additives and drugs that will be given to animals. These include animals from which human foods are derived, as well as food additives and drugs for pet (or companion) animals. CVM is responsible for regulating drugs, devices, and food additives given to, or used on, over one hundred million companion animals, plus millions of poultry, cattle, swine, and minor animal species. (Minor animal species include animals other than cattle, swine, chickens, turkeys, horses, dogs, and cats.) Within CVM, the Office of Management is responsible for disseminating policies and procedures pertaining to staffing and employment. These policies and procedures need to comply with and reinforce Federal, Departmental, and Agency regulations. While these regulations are often uniform and compatible, there are instances whereby the Agency, in order to more effectively support its mission and corporate values, has further defined a regulation more specifically to FDA requirements. An example would be specific workplace policies described in the Collective Bargaining Agreement between FDA and the National Treasury Employees Union, such as the "Any 80" Alternate Work Schedule that is the standard for CVM. As a result, these distinctive definitions have instigated the need for an expert in FDA employee relations matters. The consultant for this work must have expert knowledge in the areas of Employee Relations and the nuances related to the FDA. 1.2 Objective 1.2.1 The purpose of this procurement is to augment CVM employee relations capabilities by having a contractor (with expert knowledge as outlined above) advise on and/or deliver employee relations products and services. Services required involve analyzing, interpreting, developing, or implementing laws, regulations, policies, or guidance to management and to administrative personnel involving employee relations and employment law for Title 5, Rules of Evidence, Code of Federal Regulations, National Security Clearances and other directives. In addition the contractor should have a thorough familiarity with FDA's Collective Bargaining Agreement, the FDA Employee Assistance Program, FDA's Flexible Workplace Arrangement Program, the FDA Alternative Work Schedule Master Plan, and the various Staff Manual Guides, or SMGs, that specifically interpret the Agency?s Personnel polices and procedures. An example of such an SMG would be 3031.2, "Procedures for Requiring Reasonable Accommodation for Individuals with Disabilities". The contractor will provide services and must possess expertise in employee relations, misconduct investigations, grievance examining and mediation to expeditiously accomplish the following objectives: a. provide counsel, advice, recommendations, and direction in all aspects of employee relations and personnel actions for CVM personnel. Personnel actions include but are not limited to detail, transfer, reassignment, and performance evaluations. b. provide consulting services on pay, benefits, awards, training and other significant changes in duties or responsibilities inconsistent with an employee's salary of grade level. 1.3 Project Scope and Description This contract will provide support to FDA/ in all phases of employee relations. At a minimum, the contractor will provide support for the objectives identified in Section 1.2.1.a. and 1.2.1.b. This support includes: Providing expert advice regarding options for dealing with employee-employer conflicts and workplace problems and issues Conducting studies to ascertain the root cause(s) of problems and conflicts in the workplace and morale issues Reviewing and preparing case files and documents to assist clients to resolve problem situations Processing disciplinary, adverse and grievance actions, preparing related documents and advising the parties during the process. Developing and presenting training programs for employees and managers Mediating disputes Developing/implementing alternative dispute resolution and alternative discipline policies and programs Researching case law and precedents Advising employees and managers of their respective rights and obligations Providing expert advice in the areas of leave and attendance, conflict resolution, morale problems, probationary and trial periods, performance management, employee-management relations, violence in the workplace, substance abuse, counseling, workers' compensation, and unemployment compensation Making suitability determinations related to personnel investigations Conducting personnel misconduct investigations 1. Description of Program 2.1 Program Planning The contractor will provide expertise as required throughout the term of the contract and will advise, facilitate and assist in a) clarification and identification of roles and responsibilities, b) identification and analysis of resources, c) development and documentation of process, procedures and arrangements. 2.2 Project Management and Control The contractor will provide monthly status reports on ongoing employee relations issues and be available to discuss with CVM managers. 3.0 Task Deliverables and Milestones Deliverables Due Dates a. Status Reporting: -Daily, Weekly, Bi-Weekly or Monthly Status Updates - to be determined by CVM b. Meetings with management - as needed c. Invoices -monthly on the 1st Criteria for Acceptance CVM will review contractor deliverables in accordance with specifications and standards stated in the criteria established and any directives issued during the term of this contract. CVM Management has the authority to accept or reject deliverables. The acceptance of deliverables and satisfactory work performance required herein shall be based upon the timeliness, accuracy and suitability of the deliverable. The specific deliverables and schedule for delivery shall be as agreed upon and documented. Deliverables will be submitted to CVM Management. a. Contractor will provide monthly status report that provides information on the issues that are currently being worked, including a brief description of each issue, steps being taken to resolve each issue and projected time frame. Also to be included is a discussion of potential or known roadblocks to resolution actions and the contractor's proposed mitigation strategies. Daily, weekly, bi-weekly or monthly status meetings with CVM as determined by the agency. b. Contractor will provide CVM a written and or oral assessment regarding the status of cases. Written recommendation as to the appropriate action and documentation provided to the employee will be considered on an ad hoc basis. c. Contractor?s meetings with CVM to review and discuss cases will involve a variety of field offices and CVM components. d. Contractor will provide final formatted versions of CVM responses and offers to employees and other documents and services as outlined in 1.3 of this statement of work. 4.0 Period of Performance Performance Period: September XX, 2007 through September XX, 2008 with FOUR (4) OPTION YEARS. 5.0 Location, Work Schedule and Travel Unless otherwise specified, all meetings between contractor and CVM will be held at FDA's Headquarters? location at 7519 Standish Place, Rockville, MD, or at a nearby alternate FDA location. The contractor's work relative to accomplishing contract tasks may be performed at CVM's 7519 Standish Place location or at the contractor's location of choosing. Contractor will work hours as necessary to accomplish the contract objectives. Local and out of state travel may be required. Approved travel expenses will be reimbursed at the prevailing per diem rates at the time of travel. 6.0 Status Reporting The contractor will provide monthly reports and accounting for the deliverables and any current or anticipated problems with required activities. 7.0 Security and Privacy Contractor personnel performing work under this contract shall satisfy all requirements for appropriate security eligibility in dealing with access to sensitive information. Contractor will be required to undergo a security clearance, acceptable to FDA. Performance of work may require the contractor personnel to have access to and use of data and information which may be considered proprietary to a government agency or Government contractor, or which may otherwise be of such nature that its dissemination or use, other than in performance of a subsequent work statement, would be adverse to the interest of FDA or others. FDA, thereof, owns all proprietary information and all copies. The contractor agrees that contractor personnel will not divulge or release data or information developed or obtained in connection with the performance of the resulting contract, unless made public by FDA, except to authorized FDA personnel or upon written approval of Project Officer. Except as may otherwise be permitted by a data owner, the contractor personnel agrees not to use, disclose or reproduce proprietary data, other than as required in performance of the contract; provided, however, that nothing herein shall be construed as precluding the use of any data independently acquired by the contractor without such limitation. FDA owns all proprietary information and all copies shall be returned to FDA upon completion of the work for which it was obtained or developed. Due to the sensitive nature of the information involved, all contractor personnel will be required to sign a non-disclosure agreement before data and information otherwise exempt from public disclosure (e.g., Privacy Act or Data Collected Under an Assurance of Confidentiality) may be disclosed to them. 8.0 Contractor Conformance with Applicable Laws, Regulations, Policies and Standards The Contractor shall be responsible for knowledge of and compliance with all applicable federal information technology and information management laws, regulations, policies and standards at the government-wide, HHS and FDA levels. At the government-wide level, these include Office of Management and Budget (OMB), National Institute of Standards and Technology (NIST) and General Accounting Office (GAO). These can be primarily found at or through the Federal CIO Council website at: http://www.cio.gov. HHS documents are found at: http://www.cdc.gov/irmo. 9.0 Past Experience The contractor must be able to demonstrate past experience directly relevant to the types of work needed. Such experience includes projects performed in the past five years similar in scope to the requirements of this Statement of Work. Technical Evaluation Factors: (A) Experience and Capability of Consultants 55 points 1. Describe employee relations experience and capability specifically providing expert advice on the following: a. Collective Bargaining Agreement (CBA) Between Food and Drug Administration, Department of Health and Human Services and the National Treasury Employees Union: The CBA is an integral part of FDA culture and worklife. Many employee relation cases stem from whether one?s rights have been violated under the CBA. This is to be evidenced by specific narrative examples describing the issue, advice/consultation provided, and resulting outcome in order to describe experience in the following: Interpreting the CBA; Implementing the provisions of the CBA; and Working on employee relation cases that arose from the provisions of the various articles in the CBA, such as Performance Management Program, Flexible Work Place Program, Actions Based on Unacceptable Performance, Grievance Procedures, and Merit Promotion. b. FDA Policy on Alternative Work Schedule Program (Any 80): Although other agencies may have an alternative work schedule program, "Any 80" is unique to FDA even within the Federal government. This is to be evidenced by specific narrative examples describing the issue, advice/consultation provided, and resulting outcome in order to describe experience in the following: Interpreting the "Any 80" policy; Implementing the provisions of the "Any 80"; Working on employee relation grievances that arose from the application of the provisions of the "Any 80" policy. c. Title 42: Most of FDA falls under the competitive civil service where applicants must compete under the merit system administered by the Office of Personnel Management. However, FDA also has the authority to utilize the Title 42 authority, an excepted service appointment authority, which entails a totally different set of personnel rules. This is to be evidenced by specific narrative examples describing the issue, advice/consultation provided, and resulting outcome in order to describe experience in the following: Interpreting the Title 42 policies under FDA and HHS such as the Senior Biomedical Research Service (Title 42, Section 228), Staff Fellow and Visiting Scientists (Title 42, 209(g)), and Senior Scientific Experts (Title 42, 209(f)); Implementing the provisions of the Title 42 policies; and Working on employee relation grievances that arose from the application of the provisions of Title 42. d. FDA case law, past and present; this is to be evidenced by specific narrative examples describing the issue, advice/consultation provided, and resulting outcome in order to describe experience in the following:: Historical knowledge of past FDA case law decisions in order to advise management on future actions; and Applying past and present FDA case law to current grievances; e. Represented and/or assisted FDA before legal entities such as Merit Systems Protection Board, Equal Employment Opportunity Commission, Department of Health and Human Services, etc. This is to be evidenced by specific narrative examples describing the issue, advice/consultation provided, and resulting outcome in order to describe experience in the following: Providing technical expertise and advice to Agency legal staff, especially in cases dealing with the CBA and "Any 80"; f. Staff Manual Guides (SMG)/FDA policies: FDA has SMGs/policies that provide supervisors, as well as employees, guidance on topics related to all employees, such as reasonable accommodation, violence in the workplace, employee assistance program. This is to be evidenced by specific narrative examples describing the issue, advice/consultation provided, and resulting outcome in order to describe experience in the following: Interpreting and implementing the complex provisions of the SMGs/FDA policies; and Working on grievances involving SMG policies/FDA policies. 2. Describe expert knowledge of FDA regulatory policies and its implications for employee relations issues so as not to disrupt mission critical operations. This is to be evidenced by specific narrative examples describing the issue, advice/consultation provided, and resulting outcome. (B) Technical Approach 25 points 1. Demonstrate the technical approach to be used for processing disciplinary, adverse and grievance actions, and suitability actions specifically based on grievances filed under each of the instances identified below, by describing essential steps to be taken, key elements to be considered and related level of experience: a. Collective Bargaining Agreement Between Food and Drug Administration, Department of Health and Human Services and the National Treasury Employees Union; b. FDA Policy on Alternative Work Schedule Program (Any 80); c. Title 42; d. FDA case law, past and present; e. Staff Manual Guides (SMG). 2. Demonstrate the technical approach to be used for representing FDA before legal entities (such as Merit Systems Protection Board, Equal Opportunity Commission and Department of Health and Human Services) by describing essential steps to be taken, key elements to be considered and level of experience representing FDA. (C) Understanding the Scope of Work 10 Points Provide a comprehensive statement of the scope and purpose of the project to demonstrate complete understanding of the intent and requirements. State the overall objectives and the specific accomplishments you hope to achieve. Indicate the rationale for your plan, and the relationship to comparable work in progress elsewhere. (1) Knowledge and understanding of the Scope of Work is demonstrated by the clarity, practicality, and appropriateness of the offeror?s proposal and plan to accomplish the effort. (2) Demonstrate recognition and ability to overcome potential difficulties in the performance of the project. (D) Past Performance 10 Pts The contractor shall describe their past performance, identifying other organizations with which they have participated in similar efforts including the degree of their involvement, the size and complexity of the organization and other information describing their experience. Contractors shall submit a list of three (3) references. Contracts listed may include those entered into by the Federal Government, agencies of State and local governments and commercial customers. Contractors that are newly formed entities without prior contracts should list contracts and subcontracts as required above for all key personnel. The reference list of the three (3) references shall include the following information for each contract and subcontract: 1. Name of contracting activity 2. Contract number 3. Contract type 4. Total contract value 5. Contract work 6. contracting officer and telephone 7. Program manager and telephone 8. Administrative contracting officer, if different from #6, and telephone Each contractor will be evaluated on their performance under existing and prior contracts for similar products or services. Performance information will be used as an evaluation factor against which contractors' relative rankings will be compared to assure best value to the government. The government will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement under consideration. This will be a Time and Materials Purchase Order. Vendors must be registered in the Central Contractor Register (CCR) prior to the award of contract. You may register by going to www.ccr.gov. You will need your Dunn and Bradstreet number and banking information. The anticipated award date September 21, 2007; however, dates in this announcement are subject to change. The provision at FAR 52.212-1, Instructions to Offerors Commercial Items applies to this solicitation. The following agenda has been attached to this provision: None Offerors shall include a completed copy of the provision at FAR 52.212-3, Offeror Representation and Certifications Commercial Items. The clause FAR 52.212-4, Contract Terms and Conditions, Commercial Item applies to this acquisition. The clause FAR 52.214-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders, Commercial Items applies to this acquisition. The clause FAR 52-217-9, Option to Extend the Terms of the Contract also applies to this acquisition. The following FAR clauses cited are applicable: FAR 52.222-26, FAR 52.222-35, FAR 52.222-36, FAR 52.225-3, FAR 52.225-15, FAR 52.232-33. Clauses and provisions are incorporated by reference and apply to this acquisition. Proposals have a 25 page limit. ALL PROPOSALS ARE DUE 2:00 PM ON SEPTEMBER 11, 2007. Proposals may be submitted via facsimile or email in response to this solicitation. Facsimile and emailed proposals are subject to the same rules as paper proposals. Email responses must be in PDF format and emailed to Kimberly.davis@fda.hhs.gov by the closing date of this announcement.
- Place of Performance
- Address: 5600 Fisher Lane, Rockville MD
- Zip Code: 20857
- Country: UNITED STATES
- Zip Code: 20857
- Record
- SN01395061-W 20070907/070905220451 (fbodaily.com)
- Source
-
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