Request for Information- Equal Employment Opportunity (EEO) Counseling and Investigative Services RFI Number: OCRD-RFI-731 Notice Type: Request for Information (RFI) SYNOPSIS The United States Department of the Treasury is conducting market research to determine feasibility for a potential procurement requirement. This is NOT a solicitation for proposals, proposal abstracts, or quotations. The purpose of this notice is to obtain information from industry contractors regarding their interest and capabilities in conducting Federal administrative equal employment opportunity (EEO) formal investigations in accordance with 29 CFR 1614 and the Equal Employment Opportunity Commission's Management Directive 110 (MD-110). The North American Industry Classification System (NAICS) code for this request is 923130 Administration of Human Resource Programs (except Education, Public Health, and Veterans' Affairs Programs). The small business size is undetermined by the SBA 2017 Size Standards. SMALL BUSINESSES ARE ENCOURAGED TO RESPOND. Include whether or not you are a small business; 8(a) small business; HUB Zone small business; service-disabled veteran-owned or veteran-owned small businesses; women-owned or economically disadvantaged women-owned small business; or small disadvantaged business in order to assist the government in determining the appropriate acquisition method, including whether a set-aside is possible. GENERAL PURPOSE 1.0 Purpose The U.S. Department of the Treasury, Office of Civil Rights and Diversity (OCRD) may have an upcoming opportunity for contract services to support the processing of Federal administrative EEO counselings and investigations in accordance with 29 CFR 1614 and MD 110 when an employee or applicant seeks EEO counseling or files a formal complaint against the Department. The purpose of this Request for Information is twofold: First, to gather information that will assist OCRD in planning, formulating, and evaluating contractor capability of requirements. Secondly, responses to this RFI will help the OCRD assess whether the marketplace has contractors capable of delivering the required services. 1.1 Acquisition Approach The U.S. Department of the Treasury has not determined an acquisition approach. This market research will allow OCRD and the Procurement Office to make an informed decision about how to proceed. RFI REQUIREMENTS 2.0 Description of Information Requested OCRD is requesting information from contractors regarding the contractor's capabilities in providing Federal administrative EEO counseling and investigation services and contractor's specific experience performing these services in accordance with 29 CFR 1614 and MD 110. 1. Provide company information including: a. Company name and address; b. Size of company (number of personnel, total revenue, ownership, parent corporation, etc.); c. Point(s) of contact including name, phone number, address, and email; length of time in business; d. Geographic presence; e. Number of EEO investigators and counselors on staff and average years of experience. f. Company experience in conducting workplace harassment inquiries. g. Total number of EEO investigations the company completed in the previous year and the percentage of timely completed investigations in the previous year. h. Names and points of contacts of other Federal agencies the company has provided EEO investigative services to in the last 3 years. i. 1-2 examples of final report of investigation (ROI) completed by company in the previous year (examples should be redacted of PII). j. 1-2 examples of ROI summaries completed by company investigators in the previous year. k. Provide information on how the company secures information through electronic transmittals. l. Provide information on the ability to download completed information in the following format (redacted/sanitized, bates numbered, table of contents). m. Provide any other pertinent information that will assist us in this assessment. n. General Schedule number (if awarded a Schedule contract). EXAMPLE OF WORK MAY INCLUDE THE FOLLOWING: The Office of Civil Rights and Diversity (OCRD) administers the United States Department of the Treasury administrative discrimination complaint program. Part of this responsibility is to conduct investigation of discrimination complaints based on race, color, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, age, disability, parental status, protected genetic information, or retaliation brought by employees and applicants filed against the Department. Investigations shall comply with regulations of the Equal Employment Opportunity Commission MD 110 and the specific requirements of the Department as well as provide the Department with sufficient facts from which a finding or no finding of discrimination may be determined, and if a finding of discrimination is determined from which an appropriate remedy may be fashioned. OCRD requires the following services, to achieve successful service delivery: EEO Investigations a. Prior to accepting the first order from OCRD, investigate a discrimination complaint or harassment inquiry, obtain a signed Nondisclosure Agreement from each person authorized by the contractor to work on the Department's EEO investigations/harassment inquiry. b. Conduct investigations in adherence with 29 CFR 1614, MD 110 and Department policy and guidance. c. Within ten (10) business days after receipt of the case assignment, develop an investigative plan (IP) that shall include all steps of the investigation. The plan shall be provided to the OCRD, via email, for review and approval. OCRD and its designee shall approve or disapprove the plan within ten (10) business days of receipt. d. Not initiate contact with any witness, schedule interviews, or begin gathering any information until the investigative plan has been approved. e. Inform witnesses that they have been identified as having information relevant to the complaint. f. Inform witnesses of their right to representation during the securing of testimony when applicable. g. Inform witnesses of their right to present evidence. h. When taking affidavits, inform the affiant that the affidavit shall contain a narrative response to each question and that the statement must be given under oath, affirmation, or by written declaration that it is being made under penalty of perjury. i. If witnesses wish to change the substance of their affidavit, the contractor shall allow the witnesses to change the affidavit and require them to initial each change made. If substantive changes to the testimony relating to the issue(s) are made, the rewritten or retyped, signed affidavit and the original affidavit shall be included in the investigative file. In this case, the contractor shall explain the circumstances in the ROI. j. Provide the affiant the option to include additional relevant information. k. Advise the witness immediately of the requirement to cooperate in the investigation. If the witness fails/refuses to cooperate, the contractor shall immediately advise the OCRD verbally or electronically of the witness' failure to cooperate. The failure of a witness to cooperate shall be documented in the Report of Investigation. l. Notify OCRD immediately of any mention of a class allegation/issue raised during the investigation. m. Immediately notify the OCRD when a new claim(s) is (are) raised with the Investigator or a new complaint is filed during the investigation of a complaint. n. Submit electronically a draft Report of Investigation (ROI) within sixty (60) days of IP approval. The draft Report of Investigation will contain the investigative summary and completed affidavits. After approval of the draft ROI by the Agency, the contractor shall transmit electronically an original Report of Investigation (redacted/sanitized, bates numbered, table of contents, etc.) in accordance with MD 110 guidance. EEO Counselings a. Prior to accepting the first order from OCRD, counsel a discrimination allegation or harassment inquiry, obtain a signed Nondisclosure Agreement from each person authorized by the contractor to work on the Department's EEO counseling/inquiry. b. Conduct counseling in adherence with 29 CFR 1614, MD 110 and Department policy and guidance. c. Within five (5) days after receipt of the case file, conduct an initial interview with the complainant and begin the inquiry process. d. Inform Department of any requests for alternative dispute resolution within 2 days of counselee making election. e. Ensure settlement agreements are in writing, signed by relevant parties and include a statement of recourse if the complainant feels the agency has not complied with the settlement agreement. f. If a settlement or withdrawal of the request for pre-complaint counseling is not reached, issue the notice of right to file a formal complaint to the complainant within 25 days from the company's receipt of the case file. g. Provide a PDF via email of the draft Counselor's Report within three (3) days after issuing the notice of right to file a formal complaint. INSTRUCTIONS AND RESPONSE GUIDELINES The response must be specific to each of the RFI requirements, from 2.0, listed above to demonstrate that the respondent has the requisite skills and experience. Experience and past performance is requested of qualified, prime respondents only; partner or team member capabilities should not be included. Responses to this RFI shall not exceed 25 pages, and must clearly describe the contractor's capabilities in relation to contract staffing/expertise to support the ability to conduct EEO investigation. Responses must be submitted electronically, viewable in the most current version of Microsoft Word, printable on 8.5" x 11" paper, use an 11 to 13 point font, margins at least ½ inch, and each page should contain a page number in the footer or header. This RFI is for information and planning purposes only and shall not be construed as a solicitation or as an obligation on the part of the Government to issue a Request for Proposal or award a contract. The Government does not intend to award a contract on the basis of responses nor otherwise pay for the preparation of any information submitted, for the contractor-sponsored demonstration or the Government's use of such information. Contractor's responding to this RFI should submit the information necessary for the Government to make a determination that the source is capable of satisfying the Governments anticipated need. Acknowledgment of receipt of responses will not be made, nor will respondents be notified of the Government's evaluation of the information received. However, should such a requirement materialize, no basis for claims against the Government shall arise as a result of a response to this RFI or the Government's use of such information as either part of our evaluation process or in developing specifications for any subsequent requirement. Responses should be identified with OCRD-RFI-731 and are due no later than July 24, 2018; 12:00 Noon ET. All interested parties must submit their responses via email to: Mr. Christian Fowler via email at
[email protected]. Questions regarding this RFI will NOT be entertained. Telephone calls or emails regarding this RFI will not be accepted. This RFI is for planning purposes only and does not commit the government to pay for the information requested, issue a solicitation, or award a contract. No solicitation document exists at this time.