OFLC application processing

This Notice of Intent is not a solicitation or a request for competitive proposals. No solicitation package is available and telephone requests will not be honored. Only one responsible source and no other supplies or services will satisfy agency requirements. The Employment and Training Administration (ETA) intends to award a sole-source contract to Tekpro Services, LLC. to carry out critical U.S. Department of Labor mission functions. The Office of Labor Certification (OFLC) administers H-1B, H-2A, H-2B, CW-1, PERM, and Prevailing Wage programs on behalf of the U.S. Department of Labor by accepting and processing nearly one million applications from employers/agents each year. This action is conducted under the authority of FAR 6.302-1 - Only one responsible source and no other supplies or services will satisfy agency requirements. Many OFLC programs have statutory, regulatory, and policy timeframes that require case actions to occur within a specified timeframe: the H-1B program requires OFLC to complete processing with seven days of receipt; the H-2B program requires OFLC to issue a first action within seven business days of receipt; and the H-2A program requires OFLC to issue a first action within seven calendar days of receipt and issue a final decision 30 days before the employer's start date of need. Due to the statutory and regulatory requirements, employers' needs for workers, and intense Congressional interest, it is imperative that all of these programs continue to operate without interruption. The critical application and processing period for these programs is November through May each year. The January through February period is commonly referred to as the "peak season" and comprises the time period when most applications are received in an extremely condensed time period. Due to high-volume of applications received and the complexity of adjudication, all applications undergo a series of review by contract and Federal staff. OFLC has developed a very efficient and timely processing model where contract staff process and make a case recommendation to Federal staff who then review the entire case and issue a final decision. This process allows applications to be processed efficiently, effectively, and ensures Federal staff make the final decision, which is an inherently governmental function. All contract and Federal staff have to be thoroughly trained on all OFLC programs and case processing systems before the critical filing period begins each year. Historically, OFLC has used the August through October time period to provide relevant training (e.g., statutory, regulatory, case processing systems, etc.) to all staff in advance of the peak season. Transitioning approximately over 200 contract staff shortly before, and potentially during, the peak case filing period would be catastrophic and result in missed statutory and regulatory deadlines, significant case delays, employers' not being able to bring in needed workers on time to meet their business needs, and intense Congressional pressure and complaints. TekPro Services, LLC is uniquely qualified as their staff is experienced and trained in every OFLC program and comprise nearly half of OFLC's total case processing staff. Additionally, the TekPro management team has been in place for number of years and possesses a great deal of institutional knowledge. TekPro has an established track record and can quickly adjust to any changes caused by legislation, litigation, or other unforeseen circumstances. TekPro is also familiar with the development of OFLC's new IT case-processing system (FLAG) which is just being incrementally launched this year. As with any new IT system, there are initial challenges that all users experience and TekPro is doing an excellent job learning and contributing to system testing and other IT-related development actions. With the uncertainty of the contract protests, OFLC will need a proven contractor in place to accomplish the mission of the Department. In order to continue to process all applications for the upcoming filing period and peak season, it is critical that OFLC maintain uninterrupted continuity in contract staffing. Once the critical filing period is over next spring, it will be appropriate to transition to a new contractor. Parties may identify their interest and capability to respond to this requirement by 4PM EST, August 27, 2019. Any response to this notice must show clear and convincing evidence that competition would be advantageous to the Federal government. Information received will be considered solely for the purpose of determining whether or not to conduct a competitive procurement. A determination not to compete this proposed award upon response to this notice is solely within the discretion of the Federal government. No reimbursement for any cost connected with providing capability information will be provided.