Report on Analysis of FY 2013 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 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:

1. The special interest functions studied, the dollars obligated to those specific service codes in FY 2013, 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

1. Analysis of Special Interest Function Code D301

   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.

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.

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 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.

IV. Findings

Based on the analysis of the FY 2013 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. Identification of Poorly Performed Contracts. EEOC had no poorly performed contracts for Fiscal Year 2013.
4. Convert to Alternative Acquisition Approach. EEOC is in the process of collecting data for a high-level spend analysis to identify requirements in the following areas for the Strategic Sourcing Program: IT support services, expert services, mediation services and contract clerical services.
5. 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;
6. 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;
7. 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; no contracts were identified for conversion to performance by Federal employees ; and,
8. 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.

VI. Responsible Officials

Official Responsible for Policy and Management:
Patrick R. Mealy, Director, Acquisition Services Division, Office of the Chief Financial Officer