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-13-0001
- 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-13-0001
- Award Date
- 10/10/2012
- Description
- JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION 1. Contracting Activity: USDA Forest Service WO AQM 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 $146,600.00 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. 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. 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. The Deputy Assistant Secretary has determined that the Forest Service's programs are not ready to be returned and has started the establishment of some guidelines for their return. Through the continued expertise of the Team, a strategic plan will be completed that will provide the roadmap for FS to be self-sufficient in managing their programs fairly and efficiently. James Varsalone is exceptionally qualified to undertake this contract. Mr. Varsalone retired from the U. S. Department of Agriculture, Food Safety and Inspection Service in 2008 as Chief Litigator, Hearings and Appeals Branch. Since then, he has been an investigator and consultant for the United States Postal Service where he has investigated EEO complaints, both informal and formal, as well as Sexual Harassment and Hostile Work Environment complaints. Mr. Varsalone has also provided investigative and consulting services for federal agencies, including but not limited to, HUD, DOL, HHS, and NRC. His forty (40) years of Federal service included extensive work in the Employee Relations, Labor Relations, Human Resources Management, and Civil Rights. As a result of his many years of experience in the Employee Relations, Labor Relations, and Civil Rights arenas, he has been extremely valuable to the team in our efforts to work with Forest Service and their issues as we deal with the complexities that are associated with the agency's EEO complaint activity and Employee Relations matters. This expertise will allow Mr. Varsalone to have an immediate impact on enhancing the ability to continue with our efforts and thus he is the sole source for meeting our needs. Mr. Varsalone is also considered a Subject Matter Expert (SME) on Merit System Protection Board (MSPB) case law, Douglas factors and penalty section. Further, Mr. Varsalone has earned a high degree of trust and respect from the Forest Service Managers, Employee Relations Supervisors, and Employee Relations Specialists; moreover, that credibility will further enhance the likelihood of his efforts on behalf of the Office of the Assistant Secretary be successful. Although other contractors could, with significant additional time, fill some of the contract requirements, the urgency of this initiative makes it imperative that the contractor have the skills, experience, and knowledge of the Agency and the Forest Service issues at the outset to prevent any further deterioration of the Agency's ability to communicate effectively to Forest Service in order to effect a positive impact on their EEO program. Further, Mr. Varsalones' experience and skill set will help maintain and enhance important relationships with internal and external stakeholders that are critical to ensuring and enhancing the Forest Service's credibility. Finally, Mr. Varsalone will help restore critical trust in the Forest Service's ability to effectively operate an EEO program consistent with the law. In short, Mr. Varsalone is the contractor who can provide these essential services in the short time required. 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: The hourly rate of $100.00 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 $100.00 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 June 2012, 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-13-0001/listing.html)
- Place of Performance
- Address: USDA, District of Columbia, District of Columbia, 20024, United States
- Zip Code: 20024
- Zip Code: 20024
- Record
- SN02983332-W 20130210/130208235414-2944491b5486b90a558c3cae3468666c (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 |