SOLICITATION NOTICE
R -- Expert Services for Equal Employment Opportunity
- Notice Date
- 2/8/2013
- Notice Type
- Fair Opportunity / Limited Sources Justification
- NAICS
- 541612
— Human Resources Consulting Services
- Contracting Office
- Department of Agriculture, Forest Service, WO-AQM, 1621 N. Kent Street, AQM Suite 707 RPE, Arlington, Virginia, 22209, United States
- ZIP Code
- 22209
- Solicitation Number
- AG-3187-C-13-0002
- Archive Date
- 3/10/2013
- Point of Contact
- Todd Mathie, Phone: (505) 563-7331
- E-Mail Address
-
tmathie@fs.fed.us
(tmathie@fs.fed.us)
- Small Business Set-Aside
- N/A
- Award Number
- AG-3187-C-13-0002
- Award Date
- 10/17/2012
- Description
- JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION 1. Contracting Activity: United States Forest Service Acquisition, Procurement Office Division 2. Nature and/or Description of Need: USDA needs an individual who is an expert in EEO and ER matters and is capable of continuing the work strategy that was being implemented by the EEO Team. 3. Description of the Supplies or Services required to meet the agency's needs, including estimated value: An individual who possess the needed skills and ability to work in partnership with the Forest Service in an effort to improve the processes for handling EEO complaints, taking timely, appropriate and effective disciplinary actions, detect problems early on to provide the needed training, and ensure employees are treated fairly. An individual who can ensure that a consistent approach, as well as accountability, is put into place for those found to have engaged in discrimination; concur in the development of an effective training plan to ensure needed training for managers on how and when to consider resolving cases; concur in the guidance on an early intervention mechanism to resolve problems before they become formal cases; and develop a method to insure more effective case processing. An individual who is capable of ensuring that Forest Service's EEO Program and the Employee Relations Program operates in accordance with the regulations, policy, and operating procedures. This individual must also ensure Forest Service has the skills to respond to questions from lower level managers on issues relating to EEO and Employee Relations, to continue the review the informal and formal complaint assessments in an effort to cement the development of the strategy for understanding the need to be proactive, assist in the identification of situations for resolution, provide relevant delegations as a teaching tool, and recommend appropriate actions are taken when necessary. An individual who can continue the short term measures of bolstering Forest Service's ability to improve their internal and external communications, to respond to a heavy workloads, to better help prepare senior executives for dealing with major issues that arise in the EEO and Employee Relations arena, as well as to mentor less experienced managers and provide a foundation for long-term development. The estimated value of these services would be approximately $109,800.00 4. Statutory Authority: The statutory authority permitting other than full and open competition is 41 U.S.C. 253c(1) as cited in FAR 6.302-3. Only one responsible source and no other supplies or services will satisfy agency requirements. 5. Demonstration of Contractor's Unique Qualifications: During the first half of 2011, Forest Service received several decisions that were issued which called attention to the Agency's actions in the Equal Employment and Opportunity and Employee Relations areas. Because of those negative actions, on June 13, 2011, Secretary Vilsack rescinded authority previously delegated to Forest Service Chief Tom Tidwell, and re-delegated it to Deputy Assistant Secretary for Administration Robin Heard in coordination with the Chief and Deputy Chief for Business Operations, US Forest Service. The re-delegation covers resolution of Equal Employment Opportunity (EEO) complaints as well as Employee Relations (ER) actions, including as disciplinary and adverse actions for misconduct and performance. The Deputy Assistant Secretary hired a Team, consisting of three retired annuitants, to assist her in the management of the EEO and ER functions. Those Team members brought to the project a vast amount of Federal service, most of which was acquired at USDA. What is most striking about this Team is the expertise that they have and was able to bring to the project and be fully functional on day one. All Team members have worked in both the Equal Employment Opportunity and Employee Relations arenas and have performed as managers over these programs. While it is not unusual for a manger to acquire the knowledge and expertise in one particular area, it is quite another for a manager to have managed both programs at an operational and managerial level. The EEO Assessment Team has reviewed almost 100 case assessments prepared by the Forest Service Civil Rights office, the Forest Service Third Party Representatives office, and the Office of General Counsel, to identify cases for potential resolution, develop resolution parameters, guide Agency specialists, and prepare delegations of authority from the Deputy Assistant Secretary to identified Resolving Officials. In addition to reviewing written case assessments, team members provided hands-on guidance and assistance to line managers, ER Specialists, EEO Specialists, and employees, on EEO and employee relations cases as well as day-to-day employee situations in the workplace. Team members also served as Resolving Officials themselves on numerous cases. The Team's continuity to the above work is critical and necessary. Should the Deputy Assistant Secretary fail in her efforts to provide the continued oversight to FS's programs, the Secretary fails in his goal of managing the receivership of FS EEO/ER Authority. Having the Team in place, the Deputy Assistant Secretary would reap the immediate benefit of having the continuity of the retirees continue the efforts already established with FS management. The Team members bring a high level of expertise in that they are familiar with the organizational structures of both USDA and FS, the cultures of USDA and FS, more expert knowledge of the pertinent regulations that apply to USDA and FS, as well as established communication ties with the managers in FS. If individuals were hired who did not have the established knowledge and ability, the cost to obtain such experienced individuals threaten success of the project. Nathaniel M. Deutsch has special expertise and a uniquely valuable set of qualifications that makes him the ideal person to provide the needed expert services under this contract. Mr. Deutsch blends extensive knowledge and deep experience in both Human Resources/Employee Relations and Civil Rights with his background as an attorney. Mr. Deutsch had a distinguished 34-year career in the Federal government. He worked 6 years at the Office of Personnel Management in the areas of EEO complaint processing and affirmative employment programs. He then spent 6 years at what is now USDA's Departmental Management (DM), writing Final Agency Decisions on EEO complaints and supervising EEO investigators. During a 12-year stint with the Natural Resources Conservation Service (NRCS), he was Employee Relations Specialist, personnel misconduct investigator, and full-time EEO Counselor/Coordinator, supervising 25 collateral-duty Counselors, and then became the service-wide Chief of Employee Relations. Later, he was Senior Human Resources Specialist, handling EEO and employee relations, and had a detail as Administrative Officer in NRCS California. He moved back to DM from 2000 to 2004 as Special Assistant to the Assistant Secretary for Administration, advising on Civil Rights and Human Resources issues, and handling public affairs for the ASA's office, and from 2004 to 2006 was DM's Director, Human Resources Services Division. For the last 4 years of his career, Mr. Deutsch was Chief of Human Resources for the National Park Service (NPS), with policy and operational responsibility for a national agency of some 26,000 employees. He supervised some 70 employees. Mr. Deutsch is the recipient of 4 USDA Honor Awards, including an individual award for his work on behalf of USDA employees with disabilities, plus an Honor Award from the Department of the Interior. After his retirement in 2010, Mr. Deutsch became a contract EEO Investigator and Final Agency Decision writer, handling cases in various Federal agencies. Mr. Deutsch remains a licensed attorney. He has extraordinary communications skills, both in written communications and orally, that will be critical to this task. With experience both at the USDA Department level and the USDA Agency level, plus experience at OPM, the oversight agency, and having gained at NPS a useful alternate perspective in another Department with different internal procedures but a similar structure and culture to USDA, Mr. Deutsch brings an extraordinary blend of experiences and expertise to bear on this project that are of enormous benefit to accomplishment of the task. Mr. Deutsch's qualifications and experience have been extremely valuable to the team. He has reviewed and advised on highly complex EEO and Employee Relations cases, and provided strategic advice and guidance to line managers and EEO and ER Specialists. He has quickly forged close relationships with line managers and specialists, to the extent that he is specifically sought out to assist on the most difficult cases and provide his analysis and recommendations. Mr. Deutsch has the expertise needed and is ideally suited to provide the services needed on this contract. 6. A description of efforts made to ensure that offers are received from as many potential sources as practical. When Deputy Assistant Secretary Heard was originally tasked with the Secretary's action of rescinding Forest Services authority to resolve EEO complaints as well as the ability to take Employee Relations actions, including disciplinary and adverse actions for misconduct and performance, an extensive search was made to find an individual who could immediately hit the ground being productive. That search encompassed contacts with other USDA agencies, private EEO firms, and former USDA employees. The search required an extensive amount of time especially when time was of the essence. It is anticipated that an additional search would not surface any additional candidates. 7. Determination (by the contracting officer) that the anticipated cost will be Fair and Reasonable: Rates are in line with recent past performance The hourly rate of $150.00 is below the going rate for services of this skill and knowledge level. Comparable skill sets can be found on the GSA schedule for over $175.00 an hour. The previous contract awarded for these services by USDA was for $150.00 and the contractor has agreed to perform under this contract for the same rate. 8. A description of the market research conducted and the results or a statement of the reason market research was not conducted: Given the necessity for the continuity of work, and the fact that specific individuals are being sought to complete the work, it is not feasible to conduct market research to ascertain if others are available. This contract is for a six month period and is a continuation of services that were being performed under a contract with USDA that expired on 30 Sep 2012. 9. Any other facts supporting the use of other than full and open competition: At this time, it is in the interest of the government to ensure that it does not have redundant costs associated with the anticipated work. To date, work has previously been performed by this contractor, and to change to another vendor would hamper the effectiveness of the contract objective. It is important to maintain the continuity of the work thus far, enabling completion in a timely manner. Overall, this will reduce any duplicity that could occur if a new vendor was utilized. By the end of April 2013, a final report will be prepared to advise FS line managers as well as EEO and ER Specialists on handling specific EEO & ER cases and developing comprehensive, strategic approaches that are fair, nondiscriminatory, effective and efficient. 10. A listing of the sources, if any, that expressed in writing, an interest in the acquisition: No known companies have expressed an interest. 11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required: N/A 12. CERTIFICATION AND APPROVAL (Per FAR 6.303-5): I certify that this justification, including its supporting acquisition planning documentation, is accurate and complete to the best of my knowledge and belief. Program Manager: ________________________ _______________________ JERRY PEARSON Date Contracting Officers Representative Contracting Officer: ________________________ __________________ TODD W. MATHIE Date Contracting Officer:
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/USDA/FS/WO-AQM/AG-3187-C-13-0002/listing.html)
- Place of Performance
- Address: USDA, District of Columbia, District of Columbia, 20027, United States
- Zip Code: 20027
- Zip Code: 20027
- Record
- SN02983313-W 20130210/130208235402-8b94e0cc0fe886d55cf4bd76f14c1f25 (fbodaily.com)
- Source
-
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