Alternative Dispute Resolution Mediation Services

Amendment A0002- Updated 2024 Attachment A Geographical Locations Amendment A0001- Attach Q&A This is a Combined Synopsis/Solicitation for commercial products/commercial 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 Products and Commercial Services. Solicitation Number 45310024Q0010 is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03 effective on February 23, 2024. Mediators and Fair Employment Practice Agencies (FEPA) that 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. EEOC mediations are conducted either by video conference via a Zoom mediation platform, or in-person within one hour of the commuting distance of the assigned mediator upon request by the designated participants. Due to projected budgetary constraints and the reduction in requests received for in-person mediations due to the availability of the remote video Zoom mediation platform, EEOC anticipates awarding only a limited number of contracts on an as needed basis. Location of mediations is unpredictable and will vary within each EEOC office, depending upon availability of EEOC staff in conjunction with instances of where and how (in-person or remote video Zoom) the 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 timeframe. EEOC will strongly consider a mediator’s ability to provide mediation service on short notice to conduct either an in-person session or a video Zoom mediation. In addition to the ability to provide mediation service on short notice or travel within one hour of the commuting distance of the assigned mediator to identified in-person locations, EEOC will also consider fluency in a foreign language as identified in Attachment A by the 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 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 15 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, and 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 for in-person sessions and any associated technology costs including communication with mediation participants 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, if a governmental entity), 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 Products and Commercial Services, with your quotation. A copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services, can be downloaded from the website https://www.acquisition.gov . An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.sam.gov. 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 (u) 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 the District/Field 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 (copy of 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 that arrangements are made for the mediation site for in-person mediations are convenient for the parties involved in the disputes or that secure, video mediation conferencing access and service via Zoom is available for remote sessions. The mediator shall contact the COR to determine if Government owned or leased facilities are available for in-person mediations. If Government owned or leased facilities are not available for in-person sessions, the mediator must provide facilities at no cost to the parties or EEOC at a site convenient to both parties. All contact and arrangement information for the mediation will be provided to the COR within five (5) calendar days of receipt of the charge by the mediator. All mediator travel for in person sessions and associated technology costs for remote video Zoom sessions shall be assumed by the mediator. The EEOC will not reimburse the mediator for any travel or associated technology costs required in performance of this contract. If a party to the mediation requests a postponement or does not wish to participate in the Mediation Program, the mediator shall notify the COR in writing within three (3) business days of receipt of that information. 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 will 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 will 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 will assist the parties in developing a written settlement agreement and obtain the necessary signatures on the document. The mediator will forward two (2) signed copies of the proposed settlement agreement to the COR within three (3) 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 three (3) 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 will be required to provide email contact information to the COR prior to the mediation date and provide confirmation to the COR that the mediation was held within 24 hours of the conference scheduled so that EEOC may forward an electronic survey when available to the mediation participants in a timely fashion under its survey protocol to be shared by with the mediator each year. Failure to comply with the survey protocol may lead to revocation of contract. All data collected by the contractor during the performance of this contract is the property of the EEOC. OPTIONAL TELEPHONIC CONTACTS (Included in quoted price): 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 deleted or returned as appropriate 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 Practice Agencies (FEPAs) seeking consideration for a mediation contract must have a current charge resolution contract with EEOC. FEPAs must also demonstrate in their submitted materials their agency’s capability to meet all standards outlined in this Statement of Work, and Attachment C, hereto. Failure to meet any of the standards will disqualify a FEPA for participation. In general, a prospective FEPA participant must demonstrate that the following general programmatic criteria have been met: 1. FEPA has had mediation program in existence for five (5) years, and will utilize a facilitative mediation style, 2. FEPA's mediation service is provided by internal (i.e., non-contract) 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, 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 contracts will be awarded to responsible vendors whose quotations represent 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 have an active registration in the System for Award Management (SAM) database at the time of quotation submission. 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 information requested contained in Attachment B. Failure to fully and accurately complete Attachment B will result in the Quoter’s disqualification. 1. The mediator shall have a minimum of five (5) years of mediation experience and knowledge of the following subjects; a. Theories of Conflict Resolution and Dispute Settlement; b. Overview of various ADR processes/systems; c. Role of Third Parties in various ADR processes; d. Basic Principles of Mediation: Goals of Mediation, Role of Mediator, and Solo v. Co-mediation Models; e. Stages of Mediation Process: Pre-mediation, Joint session/Caucuses, and Post-mediation; f. 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; g. Roles of Parties in the Mediation Process: Co-mediators, and Parties' attorneys; h. Important Concepts in Mediation: Trust, Confidentiality, Ethical considerations, and Standards of conduct. 2. 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, such as that gained 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. 3. 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; 4. The mediator shall be able to make concise, accurate and persuasive oral and written presentations in order to analyze and synthesize cases; 5. The mediator shall possess the ability to enter into tense situations and deal effectively with people of varying personality, temperament, prejudices and personal attitude; 6. The mediator must have the experience, knowledge and abilities listed under mediator minimum qualifications. 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; 7. As part of the five (5) years-experience the mediator also must have three (3) 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 Act 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, f. Pregnant Workers Fairness Act. 8. The mediator must provide a demonstrated ability in Zoom Mediations and supportive technology access. Submission of Quotation: Your quotation in response to RFQ 45310024Q0010 is due on March 14, 2024, in the office(s) email address at 2:00pm Eastern Standard Time (EST). 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 via email addressed to the relevant point of contact. All materials must be scanned and submitted as an attachment to the email address listed under the office heading in Attachment A. Separate submissions must be made to each office if a Quoter wishes to be considered for award in multiple EEOC Office locations. Fax, US Mail and private mailing services will not be accepted. If any part of the submission is incomplete, inaccurate or contains any misrepresentation, it will be disqualified from consideration. Questions regarding this request for quotation should be submitted to Marlon Chambers, Contract Specialist, via e-mail at [email protected]. Telephone inquiries or responses are not acceptable. The deadline for submission of questions regarding this RFQ is March 6, 2024 at 2:00pm 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 8, 2024. 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 RFQ 45310024Q0010” to assist Quoters in completing the acquisition process. Evaluation Factors for Award: The evaluation factors that are used by the Government during the evaluation process are listed as follows in ascending order of importance, i.e., Factor 1 being less important than Factor 2: 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 performance for similar work by fully completing the information requested in Attachment D concerning the quoter’s past performance. Evaluation will also include, among other criteria, quoter’s 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 previous 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 scope of EEOC mediation workload either via in-person or video Zoom conferencing, with additional consideration given providing in-person service within 1 hour of their commuting distance. Based upon the specific needs of the in-person service in certain Geographic Locations, as specified in Attachment A, the 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, rental costs or other associated costs in conducting the mediation. Video Mediation Technical Ability: EEOC will also consider a Quoter’s demonstrated ability in utilizing the Zoom mediation conferencing platform. Additional points or elevation in ranking may be granted associated with this factor. In-Person Geographical Coverage: Additional points or elevation in ranking may be granted associated with this factor. As such, Quoters may be attributed further consideration for availability in specified geographic locations Purchase Card: Additional consideration will be given to a Quoter that accepts a purchase card as a method of payment. Foreign Language: Based upon the specific needs of the Geographic Location, as specified in Attachment A, additional consideration will be given based upon the Quoters fluency and ability to mediate in a foreign language. 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 Products and Commercial Services applies to this acquisition. The vendor shall include a completed copy of the provisions at 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services, with your quote. The contracting officer has determined that paragraph 52.212-3(k)(2) which pertains to exemption from the application of the Service Contract Labor Standards applies. The Clause 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services and Clause and 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Order-Commercial Products and Commercial Services are incorporated by reference. Clause 52.203-6 Restrictions on Subcontractor Sales to the Government Alternate I, Clause 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements, Clause 52.204-10 Reporting Executive Compensation and First –Tier Subcontract Awards, Clause 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities, Clause 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment, Clause 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, Clause 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations, Clause 52.216-18 Ordering Clause 52.216-19 Order Limitations Clause 52.217-9 Option to Extend the Term of the Contract 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 Equal Opportunity for Workers with Disabilities, Clause 52.222-37 Employment Reports on Veterans, Clause 52.222-40 Notification of Employee Rights Under the National Labor Relations Acts, Clause 52.222-41 Service Contact Labor Standards, Clause 52.222-50 Combating Trafficking in Persons, Clause 52.223-18 Encouraging Contractor Policies to Ban Text 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 Clause 52.232-40, Providing Accelerated Payments to Small Business Subcontractors, Clause 52.233-3 Protest after Award, Clause 52.233-4 Applicable Law for Breach of Contract Claim, and Clause 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements. To obtain the above provision/clauses in full text, please visit https://www.acquisition.gov/far . See Attachment- Custom Clause for Electronic Invoicing