Employee and Labor Relations Consulting Services

Determination and Findings for Labor Hour Contract In accordance with the following Determination and Findings and Federal Acquisition Regulation (FAR) 16.601, 16.602, 12.207(b)(1)(ii)(A,) and 12.207(b)(2), use of a labor hour task order is the most appropriate contract type for the requirement for employee and labor relations consulting services for the Food and Drug Administration's Office of Criminal Investigations (OCI). Findings Pursuant to the requirements of FAR 16.601(c) and (d) and 16.601, 16.602, 12.207(b)(1)(ii)(A,) and 12.207(b)(2)], I hereby find that: 1. No other contract type is suitable because the unpredictability of the necessary employee/labor relations services does not allow for accurate deliverables and/or estimation of level of effort. 2. Market research, in accordance with FAR Part 10, was conducted by utilizing the Small Business Administration's small business dynamic search engine. This market research tool revealed that two or more small business firms are capable of providing services, thus adequate competition should encourage reasonable pricing from offerors. Additionally, research of published price lists revealed hourly rates for similar consulting services. 3. In this particular situation, it is not possible to estimate accurately the extent or duration of the work to anticipate costs with any reasonable degree of confidence because the employee/labor relations needs can vary drastically due to unforeseen circumstances. The variable nature of the elements within this requirement prevents accurate estimation of levels of effort and anticipated costs. 4. The requirement has been structured to minimize the use of labor hour requirements. This has been accomplished by establishing a ceiling for the labor hour pricing. 5. Pursuant to FAR 12.207(b)(2)(iv), for future acquisitions of the same requirements, use of firm-fixed-price or fixed-price with economic price adjustment contracts will be maximized by tracking labor hours utilized for performance of this task order as a potential fixed-price pricing element in future procurements. 6. There will be adequate government surveillance of contractor performance conducted by the Contracting Officer's Representative. The COR will monitor labor hour expenditures to ensure efficient methods and effective cost controls are being used. 7. The ceiling price cited in paragraph (e) of the clause at FAR 52.232-7, Payments under Time-and- Materials and Labor-Hour Contracts, which will be included in any resulting contract in accordance with FAR 32.111(a)(7), will be established in the contract schedule based on the best estimate of the number of hours required to perform the contract. Any change in the ceiling price will only be authorized upon a determination, documented in the contract file that it is in the best interest of the procuring agency to make that change. Determination Based on the above findings, I hereby determine that use of a labor hour contract is the most suitable contract type for this requirement in accordance with FAR 16.601(d) and 12.207(b)(1)(ii)(A)].