Report on Analysis of FY 2012 Inventory

I. Background

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 2012 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 2012 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:

1. The special interest functions studied, the dollars obligated to those specific service codes in FY 2012, and the rationale for focusing on the identified functions;
2. The methodology used by the Commission to support its analysis;
3. Commission findings, including a brief discussion of the extent to which the desired outcomes described in section 743(e)(2) are being met; and
4. Actions taken or planned by the Commission to address any identified weaknesses or challenges.

II. Special Interest Functions Studied

One (1) special interest function which is displayed in the table below was selected for analysis based on the critical nature of the function. See attached copy of analysis entitled, "Service Contract Inventory FY 2012 Agency Inventory Analysis".

Function code D399 accounted for 7% of total obligations for EEOC in FY 2012 with 100% of the obligations for this function under the Fixed-Price contract type. Approximately 88% of the dollars obligated under code D399 were awarded to small businesses.

III. Methodology

Acquisition personnel in EEOC's Contract Compliance and Review section submitted a questionnaire via the Program Office manager to the Contracting Officer's Representatives (CORs) who were responsible for assisting the Contracting Officer with technical monitoring and contract administration duties on affected contracts under the selected function codes.

IV. Findings

Based on the analysis of the FY 2012 inventory, EEOC has the following findings:

1. No personal services contracts were awarded;
2. Special management attention is provided on contracts for services through dedicated Program Managers and certified CORs and the screening of service requisitions by Program Managers prior to performance by the contractor;
3. The prevention of contractor employees performing inherently governmental functions is insured by, but not limited to, the implementation of a structured tasking process, contract management and workflow process controls, and contractor assignment limitations;
4. Contract vehicles involving functions under analysis had specific safeguards and monitoring systems in place to ensure that work performed by contractors has not changed or expanded in scope;
5. The Commission is not using contractor employees to perform critical functions in a way that could affect the ability of the Commission to maintain control of its mission and operations; as of March 2013 the number of contractor staff performing Enterprise Application Support was approximately 15 and those performing Enterprise Operations Support (EOS) work had decreased by 50% for Operations and Maintenance (O&M) Support for Technical Functional Areas; and,
6. Contract oversight and management are compliant with Federal and Commission statutes and regulations as performance is documented and integrated in working project plans which are reviewed on a regular basis by EEOC technical staff and the contractor's Project Managers and technical staff.

V. Actions

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.