Pursuant to Section 743(f) of Division C of the Fiscal Year (FY) 2010 Consolidated Appropriations Act, P.L. 111-117 and the December 2011 guidance issued by the Office of Federal Procurement Policy (OFPP), the following report on the analysis of the Equal Employment Opportunity Commission (EEOC) FY 2013 Service Contract Inventory is provided.
Based on Section A of OFPP's December 2011 guidance the Commission shall submit a report suitable for public disclosure that discusses its analysis of the FY 2013 Service Contract Inventory and the use of contractors for the special interest functions that the Commission selected to study. At a minimum, the Commission's report should identify:
The Acquisition Services Division (ASD) gathered information from the Program Office Manager and Contracting Officer's Representatives (COR) on the contract vehicles for the critical function under Information Technology (IT) - Facility Operation and Maintenance services. A summary of the findings of our analysis and the steps we have identified that will strengthen our internal controls over the quality of this data follows.
One (1) special interest function which is displayed in the table below was selected for analysis based on the critical nature of the function.
|Special Interest Function Code||Description of Function||Dollars Obligated in FY 2012|
|D301||IT and Telecom - Facility Operation and Maintenance||$2,603,303.29|
Function code D301 accounted for approximately six percent (6%) of total obligations for EEOC in FY 2013 with 100% of the obligations for this function under the Fixed-Price contract type similar to most of the FY 2013 actions reported. A majority (55%) of the funding was obligated under this function code within the first three (3) quarters of the Fiscal Year. Approximately, two percent (2%) of the dollars obligated under code D301 were awarded to small businesses.
EEOC reviewed delivery/task orders which were awarded under FAR Part 8 for IT and Telecom-Facility Operation and Maintenance services for EEOC's Office of Information Technology (OIT). The majority of the work was performed under Managed Services for EEOC End-User Computing via EEOC Delivery Order Number (No.) EECDO090137 under General Services Administration (GSA) Alliant Government-wide Acquisition Contract (GWAC) No. GS00Q09BGD0025.
Tasks issued to contracts/orders are handled through a tasking process, originally issued in 2009 and updated most recently in January 2012 to reflect the EEOC's new ServiceNow IT Service Management system and helpdesk services.
Segregation of duties is being implemented by creating groups in ServiceNow. The group leads are government employees. Computer Sciences Corporation (CSC) contractors do not direct federal employees. Work assignments are delegated through automated process overseen by the IT leads that are in the scope of the Managed Services contract.
EEOC is currently ensuring that contractor employees are not performing inherently governmental functions. Tasking to contractors does not include any functions that bind the government to take some form of action by contract, policy, regulations, authorization or order. Contractors also do not have the group authority to exert control over the acquisition, use, or disposal of government property. Work performed by the CSC contractors is overseen by the Managed Services task manager and the CSC program manager who reports directly to the Managed Services COR.
EEOC currently has Service Now in place, which is the ticketing system. Tickets are assigned to groups. CSC contractors perform duties as assigned through the above referenced tasking process. CSC contractors do not assign tasks to federal employees or oversee work assigned to federal employees.
There are 7 federal employees and 7 contractors in the IT Services Branch (ITSB). ITSB is responsible for managing EEOC End-User Computing services; in addition, for each area of the EEOC Managed Services for EEOC End-User Computing, a knowledgeable federal employee is assigned as principle lead.
The COR of the Managed Services for EEOC End-User Computing contract oversees contractors' work and accepts deliverables. There are no proposed additions or changes at this time.
Acquisition personnel in EEOC's Contract Compliance and Review section submitted a questionnaire via the Program Office manager to the Contracting Officer's Representative (COR) who is responsible for assisting the Contracting Officer with technical monitoring and contract administration duties on affected contracts under the selected function codes.
Based on the analysis of the FY 2013 inventory, EEOC has the following findings:
Based on the above findings, the EEOC plans to continue to provide information and training to Federal employees while reviewing contract oversight and management processes and acquisition workforce personnel to ensure balance of the multi-sector workforce and Commission control over critical functions.
Official Responsible for Policy and Management:
Patrick R. Mealy, Director, Acquisition Services Division, Office of the Chief Financial Officer