HomeMy WebLinkAbout1998 S HR&R - Equal Employment Opportunity Commission Modification to contract with 03-17-1998-8b~ _~~ ~~ ~~
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Washington, D.C. 20507
Orange County Human Relations Commission ' ~'~~ ~ ~ ~r~'r
110 South Churchton Street
Hillsborough, NC 27278
Dear Director:
Enclosed is a properly executed copy of Modification No. 4 to Contract No.
7/5010/0145.
It is being forwarded for your information, appropriate action and file.
/ ~ ~; ,'3r-1t~
!,A `Rosenfeld,, Contracting Officer
ement Management Division
of Financial and Resource Management
Enclosure
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 • CONTRACT tD CODE PAGE OF PAGES
1 3
2. AMENDMENT/MODIFICATION N0. 3, EFFECTIVE DATE 4. REQUISITION/PURCHASE REa. N0. 5. PROJECT N0.
4 10/01/97 8/5010/1501 Cif applicable)
6. ISSUED BY CODE LR 7. ADMINISTERED BY CODE
EQUAL EMPLOYMENT OPPORTUNITY COMM. (If other than Item 6)
PROCUREMENT MANAGEMENT DIVISION EDUAL EMPLOYMENT OPPORTUNITY COMMIS
1801 L STREET, N.W. ROOM 2505 CHARLOTTE DISTRICT OFFICE
WASHINGTON, OC 2050`/ 129 WEST TRADE STREET, SUITE 400
CHARLOTTE, NC 28202
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP code) 9A. AMENDMENT OF SOLICITATION N0.
ORANGE COUNTY HUMAN RELATIONS COMMISSION
110 SOUTH CHURCHTON STREET
HILLSBOROUGH, NC 27278 "~~~'- .
X
(SEE ITEM 11)
10A. MODIFICATION OF CONTRACT
7/5010/0145
108. DATED (SEE ITEM 13)
04/07/97
N0.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
^ The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of
Offers ^ is extended, ^ is not extended. Offerors must acknowledge receipt of this amendment prior to the hour and
date specified in the solicitation or as amended by one of the following methods: (a) By completing Items 8 and 15,
and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the
offer submitteT or (c) ey separate letter or telegram which includes a reference to the solicitation and amendment
numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE
HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes....,. -
reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
SEE PAGE 2 FOR ACCOUNTING AND APPROPRIATION DATA
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER N0. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER [S ISSUED PURSUANT T0: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN
THE CONTRACT ORDER N0. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying
office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D
X
HER (Specify type of modification and authority)
CLAUSE H.10, OPTION TO EXTEND THE TERM OF THE CONTRACT.
E. IMPORTANT: Contractor [] is not, ®is required to sign this document and return 3 copies to the
issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract
subject matter where feasible.)
PURPOSE: EXERCISE OF OPTION I.
Pursuant to Clause H.10, OPTION TO EXTEND THE TERM OF THE CONTRACT, the
Government hereby exercises Option Year 1 to extend contract performance for a
period of twelve (12) months commencing October 1, 1997.
Effective as of the date in Block 3 of this modification.
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore
than ed remains unchan ed and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRA SING OFFI R (Type or print)
Margaret Brown Chair, JE FREY ROSEN LD
Orange Coun y ~otnmissioners C N OFF. R i
58. TRACTOR/OFF 15C. DATE SIGNED 168. UN ED TE A CA 16C. DATE SIGNED
BY - h~ ~ °~ ~ ~!~ , ~ !,A~p ~ ~ ,,, -,
g / qQ ~ ,
(S' a ure o erson a thorized to si n) J ~ / ~~ / O i n ure f Contracti fficer~)
NSN 754 -O1-152-8070 30-105 S~ ARD 'FORM 30 (REV. 10-83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
FAR (48 CFR) 53.243
Contract No. 7/5010/0145
Modification No. 4
Page 2 of 3
I.
CLIN
OPTION PERIOD I -October 1, 1997 through September 30, 1998
DESCRIPTION
AMOUNT
0201 Processing and resolving, at a price of $500 $ 20,000
per charge, 4~ Title VII, ADEA, and ADA charges.
Each charge must have been filed since October 1, 1993,
and resolved in accordance with a Charge Resolution Plan,
if applicable.
0202 Provide Intake Services for ~ charges, with $ 500
affidavits, filed during the period October 1,
1997 to September 30, 1998, at a price of $50
per charge.
0203 Travel and other costs related to attendance and $ 1,200
provision of EEOC sponsored training.
TOTAL CONTRACT PRICE (OPTION PERIOD I): $ 21.700
The accounting and appropriation data is as follows:
8/5010/22/4116 - $ 20,000 OBLIGATE
8/5010/19/4116 - $ 500 OBLIGATE
8/5010/08/4106 - $ 1,200 OBLIGATE
SECTION F -PERIOD OF P .RFOR_MAN('F. The period of performance is hereby
extended from October 1, 1997, through September 30, 1998.
As a result of this modification, the total contract price is increased by $ 21,700 from
$ 11,182.57 to a new total of $ 32,882.57 .
Contract No. 7/5010/0145
Mod cation No. 4
Page 3 of 3
II. In addition, the following are changes to the contract:
Section C - DESCRIPTION/SPEC /WORK TATRM NT
Replace Pages C-1 through C-5 with the attached Pages C-1 through C-5.
Section E -INSPECTION A_ AC N R
Replace Page E-1 with the attached Page E-1.
Section F -DELIVERIES OR P RFORMAN['F
Replace Pages F-1 and F-2 with the attached Pages F-1 and F-2.
Section G -CONTRACT ADMINISTRATION DATA
Replace Pages G-1 through G-4 with the attached Pages G-1 through G-4.
.,..
Section H -SPECIAL CONTRACT REOLTiREMF.NTS
Replace Page H-2 with the attached PagelH-2.
Section J -LIST OF ATTACHMENTS
Incorporate Worksharing Agreement for Option I as Attachment D.
Except as stated above, all other terms and conditions for the contract remain
unchanged.
I. Background
A. There is an acknowledged need to ensure the employment rights of individuals granted
by Federal, State and Local anti-discrimination laws, and,
The Equal Employment Opportunity Commission (EEOC) is authorized by statute to
utilize the services of State and Local Fair Employment Practices (FEP) Agencies to
assist it in meeting its statutory mandate to enforce Title VII of the Civil Rights Act of
1964, as amended, the Age Discrimination in Employment Act of 1967, as amended,
and, the Americans with Disabilities Act, and,
B. The Equal Employment Opportunity Commission, pursuant to Congressional mandate to
establish an integrated system for more expeditious resolution of employment
discrimination charges, has committed itself to continued development and
enhancement of such a system in partnership with the FEP Agency, hereinafter -
referred to as the Contractor. ""
II. Scope of Work
A. The Contractor agrees to cooperate with the Equal Employment Opportunity
Commission in the maintenance and enhancement of a national, integrated employment
discrimination law enforcement and charge resolution system by accomplishing various
objectives which include, but are not limited to, the following:
1. Implementation by the Contractor of procedures that provide for
professionalized intake of ail charges the FEPA initially receives, prompt
notification to respondents, resolution of charges on a current basis,
determinations supported by evidence, and resolutions with remedies;
2. The training of Contractor personnel in charge processing procedures
compatible with those of the EEOC;
3. Utilization by the Contractor of an employment discrimination charge form
which, within statutory limitations, is acceptable to the EEOC and the
Contractor;
4. Utilization by the Contractor of processing terminology (such as common
language pertaining to types of resolutions) that is the same as or compatible
with that utilized by the EEOC;
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OR~rNF E CD .
5. The development and maintenance of a system to ensi
Contractor maintain compatible procedural and substar
6. The identification by the Contractor and EEOC of legislative changes that may
be appropriate for the establishment of integrated and efficient charge
processing systems.
7. Utilization of an effective case management system, and, as applicable,
adherence to a Charge Resolution Plan that:
enhances quality and efficiency in the Contractor's charge resolution
systems;
b. establishes annual charge resolution objectives and provides mechanisms
for fixing accountability and measuring progress toward those objectives;
c. develops procedures and processes designed to reduce inventories of
dual-filed charges that will ensure maintenance of a charge inventory of
less than 365 days; and
d. ensures that quality standards are met and are commensurate with
EEOC's policies and statutory responsibilities. -
...,.
B. The Contractor further agrees that when agreement on implementation of any of the
above mentioned items is reached, the details of such an agreement shall be reflected
in a Worksharing Agreement whose effective date will run consistent with the effective
dates of this contract. Upon execution, the Worksharing Agreement dated
October 16. 1997, is herein incorporated by reference into this contract.
C. It is understood and expressly agreed to by both parties to this contract that, as a
condition to the maintenance of this contract, the executed Worksharing Agreement
between the Contractor and EEOC provide that once EEOC or the Contractor has been
designated to process the charge, the other shall refrain from processing the charge
pending completion by the initial processor to minimize duplication of effort.
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D. !t is #urther understood and expressly agreed to by both parties to this contract that, as.
. a condition to the maintenance of this contract, the Contractor shall:
. 1. ~ Implement in cooperation with EEOC, a system which permits each party to
perform various functions on behalf of the other, among other things, accepting
charges for each other, within such statutory limits as may exist; and
2. Commit itself to maintenance of effort. It is the intention of the EEOC to
purchase services from the Contractor. Therefore, should the Contractor or the
governmental body which provides its funds reduce the Contractor's resources
in anticipation of or as a result of EEOC contract funds, the EEOC may consider
any reduction in the Contractor's funding from its funding source, restriction
placed on the use of its funds, or changes in the Contractor's operating
procedures or regulations which impact on its ability to perform under its
contract, as a material breach of this contract requiring the Contractor to return
all or a portion of the funds, provided by the EEOC under this contract.
E. It is understood and expressly agreed to by both parties to this contract that all
provisions of the EEOC's Contracting Principles for State and Local FEP Agencies #or
Fiscal Year 1998 adopted by the Commission on July 8, 1997 are incorporated in'their
..._ -
entirety into this contract.
III. Statement of Work
A. processing of Charges -Title VII Charges. andlor ADEA Charoes (if aoo{ic~b{el, andlor
ADA Charges (if aR,plicable)
1. The Contractor agrees, for the prices stated in Section B, to process individual
charges of employment discrimination exclusive of any- charge processing
resulting from other contracts for the resolution of charges that may be in
effect between the Contractor and the EEOC during the term of this contract.
2. The Contract Monitor shall be responsible for transmitting charges initially
received by EEOC to the Contractor. The Contractor further agrees that the
charges submitted to EEOC for contract credit review shall include, but not be
limited to, no cause findings, successful settlements, successful conciliations,
administrative resolutions, final orders issued following and pursuant to
administrative hearings and litigation. No contract credit will be awarded by
EEOC for resolutions. by the Contractor based on no jurisdiction (except in
cases where an investigation is actually required to determine jurisdiction) or
resolutions based on the charging party's failure to establish a bona fide
charge.
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3. All charges submitted for credit under this contract shall be completed by the:
.. Gontractorbetween October~l,, 19~~'anti Septerretrer 3p, t998,.~s #ollows: ~ ' ' '
a. All charges will be evaluated and.determinationg made in accordance
. with the theories, of discrimination in employment as developed under •
'. Title VII of the 'Civil •Rights Act of 1964; as ~arriended the .Age
. ~ Discrimination in Employment Act of 1967, as~amended, 'and the
Americans with Disabilities Act, as appropriate.
- b. Investigation and resolution of individual charges pursuant to this
contract shall be conducted in a manner designed to effectuate relief for
the charging party and shall be carried out as expeditiously as possible.
c. All final actions, litigation and intake services for which payment is
requested under this contract will be processed and awarded contract
credit,. in compliance with EEOC Order 916 {or the new State and Local
Handbook when issued), the ADA Technical Assistance Manual for ADA
charges, and the Worksharing Agreement.
d. Contract credit submissions will include final dispositions of charges (i.e.
final actions). When administrative appeal rights exist, the final
disposition of a charge occurs only after the time for appeal has expired
or the appeal has been processed to completion. In cases where the
administrative appeal has been processed, the date of the notice of-the
final result of the appeal is the operative date. This applies in all cases
where an administrative appeal is provided, whether the case is
administratively resolved, dismissed, decided, or when no cause is
found. For Title VII charges only, the fifteen day period during which
Substantial Weight Review may be requested and/or the period during
which a Substantial Weight Review is conducted is not considered for
the purposes of computing the operative date of the final disposition of a
charge.
e. Contract credit submissions that are not final dispositions will include:
1) Charges to be litigated by the Contractor where EEOC receives copies
of the complaints bearing confirmation of the filing dates with the Court,
or other appropriate official confirmation of the filing dates of the
complaints; 2) Certain types of charges that must. be transferred to the
EEOC that are not final actions by the Contractor, as specified in EEOC
Order 916 (or the new State and Local Handbook when issued); and 3)
Intake services by the Contractor where EEOC accepts for processing a
charge initially filed but not jurisdictional with the Contractor, or any
other FEP Agency, and for which the Contractor has prepared all charge
intake documentation, inclpding a complete affidavit, as required by the
EEOC. In addition, contract credit for intake services will be given when
EEOC accepts for processing• a charge initially filed with but not
jurisdictional with the Contractor, and the Contract Monitor determines
and justifies that there is a need to service charging parties who live at
great distances from an EEOC or State FEP Agency office.
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• f. Charge resolutions submitted for contract credit pursuant to this contract
• ' "~ ~ , iwifF be identified by. the COntfa~Or •by ~ici~ely and• accuri3te C#ata •enf~ies ~ ~ . '.
.. '. .. - - •:pn'the F~RA:~Cti"aige Data ~ystein;"i~'appljcabFe: `~1Nhere .tFie Contractor:his
• ~ - not on the FEPA CDS, charge resolutions submitted for credit 'pursuant
. to this contract will be design-ated in a monthly status report from the•
• • • . .. ~ Contractor.to the Contract Monitor. , ~ .
g. All charges will be processed by the Contractor in accordance with the
Contractor's applicable State or Local Law.
h. Contract credit will not be allowed for any charge subject to a processing
fee. If such a fee is imposed or implemented during the period of the
contract, the contract may be terminated in accordance with Clause
52.249-4, Termination for Convenience of the Government.
4. In order to ensure consistent levels of productivity toward established results,
the contract monitor will review production on a quarterly basis. The
Contractor is expected to submit for contract credit approximately one-fourth
of the total charge resolutions required under the contract each quarter.
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.. .: ~ • ~ ,U.;S. EC2U.AL EMPLOYMENT DPPQRTU.NITY;CQMMISSION.~ ~• ~ •
';-, .. , . _. ''~•• ,: ~.. ``: `tJNIROE~ COIaITRACT:f~1RMA~T' :4 ~. ~4. '`
-. ~ SEGTIQN E - ~SPECTION AND ACCEPTANCE -
E.1 INSPECTION AND ACCEPTANCE
Inspection and Acceptance shall be made by the Contract Monitor or his/her designee on
behalf of the Director, Office of Field Programs, Equal Employment Opportunity Commission.
Inspection and Acceptance shall be made pursuant to the standards set forth in EEOC's
Compliance Manual and in the applicable section(s- of EEOC Order 916 (or the new State and
Local Handbook when issued.
The Contract Monitor will ensure that the Contractor maintains performance
that is consistent with the criteria and requirements contained. herein, as well as
in the Substantial Weight Review Procedures and Worksharing Agreements.
EEOC Headquarters will conduct an on-site evaluation of the investigative and
administrative charge processing procedures of the Contractor as needed.
Accordingly, the Contractor is expected to comply with reasonable requests for
providing and/or making available information concerning various aspects of
their processes and procedures as they relate to or impact on the management _
and disposition of the dual-filed inventory. Such information includes but is not
limited to staffing information, case management printouts, charge processing
documentation, and any other material and data as may be related and/or apply
to the processing of dual-filed charges or administration of the contract.
E.2 NOTICE: The following solicitation provisions and/or contract clauses pertinent to this
section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-4 INSPECTION OF SERVICES -FIXED PRICE (APR 1984)
E-1
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION . ~ " .
. ~ = ~ d,U~.NJFQRM. CONyTr RACT f ORMA'~ , ~ . ~ • 31.. . t• ~ ~ ~. .
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_~ ~ ~ECTIl3N ~ DELIVERIIES Oa PERF~RIIh~AN -F
F.1 PERIOE3 OF PEREC3RIVf'i4NCE
Performance under this contract shall begin on October 1, 1997 and be completed by
September 30, 1998. (See Clause H.10, "Option to Extend the Term of the Contract.")
F.2 TIME' OF" QEEIVERYlDElIVERABLES
A. Where the Contractor is on the EEOC's computerized charge data system (FEPA CDS-:
1. The contractor must make accurate and timely charge data entries in the FEPA CDS,
and is responsible for ensuring that all appropriate charge information is available for
extraction by the Collection Manager in a timely manner. Charge resolutions submitted
for contract credit review will not be accepted for payment if it is determined that any
required data entry has not been made by the FEPA. A determination not to award
contract credit made may be reversed under the procedures set forth in Section
11.6.5.a. of the FY 1998 Contracting Principles.
2. In addition, in order for a charge to be eligible for contract credit, basic charge data,-
must be entered into the FEPA CDS within five days of the Contractor's receipt of
each charge a~ set forth in Section II. 6.5.a of the FY 1998 Contracting Principles.
3. In order to meet the requirement in the FY 1998 Contracting Principles at Section
11.6.2. that the Contractor shall provide EEOC with a list of final actions within a
timeframe agreed upon by the Contract Monitor and the Contractor, but usually no
later than 30 days after the resolution of each charge, the Contractor must ensure the
timely and accurate entry of data into the FEPA CDS. The Contractor Monitor, will
generate charge data lists and reports through the FEPA CDS to verify that this
requirement is being met throughout the term of this contract.
4. The Contractor will enter all charge data for contract credit submissions through each
quarter not later than the 8th calendar day of the month following each quarter.
F-1
. B:. V1Yhere•~the C.or~racstor is'not~ori the FEPA C;DS:...~ :'
..~ ..The ~Coritradtnr• sttatl• su#imi# igUai ter ~r cc5ntrac#~produdtion,~r~poi-ts to• th'e Contract • ••'
.Monitor -for review. The quarterly reports shalt consist of EEOC Forms 322 and 472.
• ~ lJpon award of•the contract, the quarterly reports must be received by 'the Contract
• Monitor not later than the• 8th calendar day of the month following each quarter.
2. Separately, the Contractor shalt furnish to the Office of Field Programs, Field
Management Programs and State and Local Programs, Washington, D.C., written
- reports as may be expressly required by either of those units.
3. The Contractor shall provide EEOC with a list of charge resolutions with respect to
dual-filed charges within a timeframe agreed upon with the Contract Monitor, but no
later than thirty days after the charge resolution dates. The lists of charge resolutions
will be provided on the EEOC Form 472. After receipt of the lists, if requested by the
Contract Monitor, the Contractor will forward all charge file information, or a copy of
such information, within five workdays of the requests. The EEOC Contract Monitor
may extend or reasonably alter the five-day time frame as deemed necessary and
appropriate. (For non-certified Contractors, file information must be submitted within
five days of submission of the Form 4721resolution listing unless the timeframe is
extended or otherwise modified by the Contractor Monitor.) Failure to timely submit
reports and charge file information will result in the denial of contract credit for the
affected resolutions.
4. The Contractor must make timely and accurate submission to EEOC of EEOC Form
322, FEP Agency -Performance Report, and EEOC Form 472 FEP Agency Charge'List.
All reports covering the first three quarters of the FY 1998 contract must be received
by EEOC prior to September 30, 1998.
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
SECTION G -CONTRACT ADMINISTRATION DATA
Contracting Officer
Jeffrey A. Rosenfeld
Contract Specialist
Inspection and Acceptance
Accounting and Appropriation Data:
Contract Monitor (CM)
Paying Office
Lachon Raiford
EEOC -Contract Specialist
Telephone: (202) 663- 4220
See Section E of the Schedule
See Block 14 of Page 1, SF-26
Lucy Lewis, Director
Charlotte District Office
Telephone: (919) 732- 8181
See Block 12 of Page 1 , SF-26
Project Officer Elizabeth M. Thornton, Director
Office of Field Programs
1801 L Street, N.W., Rm 8002A
Washington, D. C. 20507
Telephone: (202) 663-4801
G.1 CONTRACTING OFFICER
Notwithstanding any of the provisions of this contract, the Contracting Officer shall
be the only individual authorized to amend or modify any of the terms of the
contract or redirect the efforts of the Contractor.
G.2 CONTRACT MONITOR (CM)
The Equal Employment Opportunity Commission's District Director listed above is
the Contract Monitor (CM) in connection with the performance of this contract. The
CM shall monitor the contract for the Director, Office of Field Programs and provide
the Contractor with technical guidance. Technical guidance shall mean filling in the
details or otherwise explaining the scope of work and the requirements set forth in
the contract. It is intended that the details or suggestions furnished shall not
constitute any changes in terms and conditions of the contract. The CM has the
responsibility for monitoring and evaluating all phases of the Contractor's
performance in order to determine compliance with the technical requirements of
the contract.
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G.3 DISTRICT OFFICE STATE AND LOCAL COORDINATOR ~ •
,~~;.; _, " .,~T~ . ~~~~~Statt~d„~.Q,ba~~~iarciina~o{fir ~rogram'.:MaFiage~r,i~s~fhe. des+~~e~~of
. ~ •the Efi/l m.connectidn wrtH`the.performai~ce'of this,cont'ract and'stiafl~perform those~duties:~
~' ' specified in paragraph G-2 above. ~ ~ ~ '.
G.4. INVOICE INSTRUCTIONS
a. General. Strict compliance with the invoice instructions will facilitate early payment of
invoices. No payments, however, can be made until this contract and subsequent
- modifications are returned, properly executed, to the Equal Employment Opportunity
~" Commission, 1801 L Street, N.W., Washington, D.C. 20507, Attn: Contracting
Officer, Room 2505.
b. Invoice Forms. The Contractor must use copies of the "Public Voucher for Purchases
and Services Other Than Personal," Standard Form 1034. Copies of the form may be
obtained from the CM.
c. Payments shalt be invoiced in accordance with the payment schedule contained in
Section G. However, regarding training, in order for the government to make maximum
use of funds, it is imperative that requests for payment of training completed be
invoiced no later than 30 days after completion of the training.
1. in those cases where the Contractor has not invoiced for training completed
within the 30 day period, the Contractor agrees to allow the government to
unilaterally deobligate the amount of funds the government determines to be in
excess of the amount needed to pay for training. "` "
2. In the event the government determines before training is to be conducted that
the amount of funds provided under the contract should be reduced or
increased as a result of a revised estimation of the amount of funds needed to
pay for training, the Contractor agrees to allow the government to unilaterally
modify the contract to provide funds for training in accordance with the
government's revised estimation.
Step 1 - The Contractor will prepare, sign and submit copies of "Public Voucher for
Purchases and Services Other Than Personal," Standard Form 1034, to the
CM. Vouchers for advance payments must be received by the CM by the 10th
of the month if payment is wished near the first of the subsequent month.
Vouchers for payment of charge resolutions actually produced should be
submitted to the CM as soon after completion of a fiscal quarter as possible.
For advance payment, the Contractor wilt check "Advance" in the "Payment"
section of each Form 1034 submitted. For actual production payments prior to
the completion of the contract, the Contractor will check "Progress" in the
"Payment section and will type the following certification in the "Articles or
Services" section of each Form 1034 submitted: Contractor certifies that atl
charge resolutions for which payment is reouested were processed in
co liance with the applicable sectionlsl of EEOC Order 916. (The reference
to "EEOC Order 916" will change to "the State and Local Handbook" when the
Handbook is issued.) For the actual production payment upon completion of
the contract, the Contractor will check "Final" in the "Payment section, and the
certification cited above will be typed in the "Articles or Services" section of
the final Form 1034 submitted.
G-2
Step 2 - ~ The CM wi{I receive and review. the Standard Form 1.034. If found correct and
. • proper for payment, .the CM wrll ~~gn the Standard Form 1034 on the' • '
~+';rti '
~;~-.• Y~ ~9~~e~sl~e~V#;~:h6inieiuer;~i~errpvui~~red~to.
• "rriadify payrn~nt'.amounts on voracher's .submitted fo'r actual. production ,~
payments based..upon assessment of the charge resolutions received and
• ~ ~ accepted; and will advise the Contractor of any modification in payments made
in light of the requirements of the contract between the•parties.
Step 3 - The CM will detach one yellow copy of the Standard Form 1034, then mail the
original and remaining copies of the Standard Form 1034 to:
Equal Employment Opportunity Commission
Office of Field Programs
State and Local Programs
1801 L Street, N.W., 8th Floor
Washington, D.C. 20507
Step 4 _ The Office of Field Programs, after processing the voucher, will forward the
original and one copy of the voucher to Financial Management Division, Room
2005, for payment.
Step 5 - The CM will mail the detached yellow copy to the Contracting Officer for
inclusion in the contract file, addressed as follows:
Equal Employment Opportunity Commission
Director, Procurement Management Division -
1801 L Street, N.W., Room 2505 ~ "" "
Washington, D.C. 20507
G.5 PAYMENT SCHEDULE
a. Payments made under this contract will be made by vouchers submitted to the CM
(District Director. Upon notice of award, an advance payment voucher not to exceed
fifty (50) percent of the total annual contract price of this contract may be submitted
by the Contractor. Should this contract obligate funds less than the total annual
contract price indicated in the Schedule, the Contractor may submit a voucher for that
amount; provided, that the voucher does not exceed 50 percent of the total annual
contract price. The advance payment invoice wilt be approved for payment by the CM
only after award of the contract by the Contracting Officer. Subsequent payments will
be based on the Contractor's actual production of accepted charge resolutions. It
should be noted that the Contractor has the option to submit invoices on any or all
subsequent quarterly actual production payment dates shown on the Payment
Schedule below.
G-3
PAYMENT SCHEDULE FOR VOUCHERING
Voucherina Date
Percentage of Total
Contract Allocation
Type of Voucher
10/02/97
01 /08/98
04/08/98
50%
Advance
Based on Actual
Production
Based on Actual
Production
07/08/98 -- Based on Actual
Production
10/08/98 Not to exceed Based on Actual
Contract Amount Production
b. The CM may recommend payment for the full amount of the contract at any time that
the Contractor-completes the number of acceptable charge resolutions required by the
contract. _
....
G.6 ELECTRONIC FUNDS TRANSFER PAYMENT METHOD
a. if the contractor has provided the information designating a financial institution for receipt
of electronic funds transfer payment to the EEOC Financial Management Division, no further
action is required to receive electronic payments through the Automated Clearing House
system.
b. If the contractor has provided the information designating a financial institution for receipt
of electronic funds transfer payment to the EEOC Financial Management Division and the
information has changed, the contractor is required to provide the updated information to the
EEOC Financial Management Division identified in block 12 of SF 26 within 14 calendar days
of the award date of this contract.
c. If the contractor has not provided the information designating a financial institution for
receipt of electronic funds transfer payment, the contractor is requested to provide the
information required by clause 52.232-33, identified in paragraph 1.2 of this contract to the
EEOC Financial Management Division identified in block 12 of SF 26.
G-4
H.3 RlistTtt~D"~tT~
The Government shall have access to all case files created and developed in the performance
of this contract at all reasonable times when they are in the possession of the Contractor.
The Contractor shall have access to such case files at all reasonable times while they are in
the possession of the Equal Employment Opportunity Commission. No case files, reports,
studies, findings or other information collected or created in the performance of this contract
shall be released by the Contractor except as authorized in accordance with the
Confidentiality Provisions set forth at paragraph H-1 above.
H.4 [M[)~MI1[I[=(CATION
The Contractor agrees to indemnify the Government, its officers, agents, employees and
assignees, for a!I claims of any nature arising out of the performance of this contract,
including costs and expenses resulting from such claims.
H-5 ACI~fQ1l1I~EQGEi~tE1~a11~''GCQ
The Contractor agrees that in the communication or release of all information concerning work
performed or work to be performed under this contract, such communication or release,
whether in writing or otherwise, shall be jointly approved by the Contract Monitor and the
Contractor, and shall include a statement to the effect that the project or effort depicted was
or is co-sponsored by the Equal Employment Opportunity Commission.
.._.
H.6 DIRECT.IaN[~IND[RECT COSTS
This is a fixed price contract. No additional funds will be added to this contract for direct or
indirect costs incurred by the Contractor in the performance of this contract that exceeds the
unit price(s1 indicated in Section C.
H.7 Nt]~TtCE E~Att'RS'1E~tfi 'i'f+l~~
The Contractor will provide written notification to the Director, Office of Fietd Programs, of
any adverse local, state, or federal court decision issued against the Contractor relevant to the
Employment Opportunity clauses, Section I, of this contract. Such notice shall be provided
within 10 days of the courts decision.
H.8 PRi~I:
This contract requires the collection, creation and maintenance of records which are subject to
the Privacy Act of 1974. See the Privacy Act Notification Clause and the Privacy Act Clause
incorporated into this contract in Section I. The records compiled, created and maintained
pursuant to this contract are included in EEOC's Privacy Act System EEOC-3, "Title Vll and
ADA Discrimination Case Files", or Privacy Act System EEOC-1, "Age and Equal Pay
Discrimination Case Files". The contents and operation of these systems are described in
Federal Register Notice, "Privacy Act of 1974; Publication of System of Records, Proposed
New Systems and Proposed New Routine Uses", dated March 19, 1994,, and included in
Section J of this contract. The EEOC's Privacy Act regulations, at 29 CFR, Part 1611 are .
hereby incorporated by reference.
H-2
WORKSHARING AGREEMENT
BETWEEN
ORANGE COUNTY
and the
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
FOR FISCAL YEAR 1998
I. INTRODUCTION
A. Orange County, through the Orange County Human Relations
Commission, hereinafter referred to as the FEPA, has
jurisdiction over allegations of employment discrimination
filed against employers of fifteen or more employees occurring
within Orange County North Carolina based on race, color, sex,_
religion, national origin, age and disability, pursuant to the.
Orange County Civil Rights Ordinance. '
The Equal Employment Opportunity Commission, hereinafter
referred to as EEOC, has jurisdiction over allegations of
employment discrimination occurring throughout the United
States where such charges are based on race, color, religion,
sex, or national origin, all pursuant to Title vII of the
Civil Rights Act of 1964, as amended (42 U.S.C. §2000(e))
(hereinafter referred to as Title VII) . EEOC has jurisdiction
to investigate and determine charges of discrimination based
on age (40 or older) under the Age Discrimination in
Employment Act (ADEA) of 1967, as amended (29 U.S.C. §621
et.seq.), for unequal wages based on sex under the Equal Pay
Act of 1963 (29 U.S.C. §206), and over allegations of
employment discrimination based on disability pursuant to
Title I of the Americans with Disabilities Act of 1991,(42
U.S.C. §12101).
B. In recognition of, and to the extent of the common
jurisdiction and goals of the two (2) Agencies, and in
consideration of the mutual promises and covenants
contained herein, the FEPA and the EEOC hereby agree to
the terms of this Worksharing Agreement, which is
designed to provide individuals with an efficient
procedure for obtaining redress for their grievances.
under appropriate county and Federal laws.
II. FILING OF CHARGES OF DISCRIMINATION
A. In order to facilitate the assertion of employment
rights, the EE~OC and the FEPA each designate the other as
its agent for the purpose of receiving and drafting
charges, including those that are not jurisdictional with
the agency that initially receives the charges. EEOC's
receipt of charges on the FEPA's behalf will
automatically initiate the proceedings of both EEOC and
the FEPA for the purposes of Section 706 (c) and (e) (1) of
Title VII. This delegation of authority to receive
charges does not include the right of one Agency to
determine the jurisdiction of the other Agency over a
charge. Charges can be transferred from one agency to
another in accordance with the terms of this agreement or
by other mutual agreement.
B. The FEPA shall take all charges alleging a violation of
Title VII, AREA, EPA, or the ADA where both the FEPA and
EEOC have mutual jurisdiction° or where EEOC only has
jurisdiction, so long as the allegations meet the minimum
requirements of those Acts, and for charges specified in_
Section III.A.1. below, refer them to the EEOC for-
: initial processing.
C. Each Agency will inform individuals of their rights to
file charges directly with the other Agency and or assist
any person alleging employment discrimination to draft a
charge in a manner which will satisfy the requirements of
both agencies to the extent of their common jurisdiction.
Normally, once an agency begins an investigation, it
resolves the charge. Charges may be transferred between
EEOC and Orange County Human Relations Commission within
the framework of a mutually agreeable system. Each
agency will advise Charging Parties that charges will be
resolved by the agency taking the charge except when the
agency taking the charge lacks jurisdiction or when the
charge is to be transferred in accordance with Section
III (DIVISION OF INITIAL CHARGE-PROCESSING
RESPONSIBILITIES).
D. For charges that are to be dual-filed, each Agency will
use EEOC Charge Form 5 (or alternatively, an employment
discrimination charge form which within statutory
limitations, is acceptable in form and content to EEOC
and the FEPA) to draft charges. When a charge is taken
based on disability, the nature of the disability shall
not be disclosed on the face of the charge.
E. Within ten calendar days, each Agency agrees that it will
notify both the Charging Party and Respondent of the
dual-filed nature of each such charge it receives for
initial processing and explain the rights and
responsibilities of the parties under the applicable
Federal, State, or Local statutes.
III. DIVISION OF INITIAL CHARGE-PROCESSING RESPONSIBILITIES
In recognition of the statutory authority granted to the FEPA
by Section 706(c) and 706(d) of Title VII as amended; and by
Title I of the Americans with Disabilities Act, and the
transmittal of charges of age discrimination pursuant to the
Age Discrimination in Employment Act of 1967, the primary
responsibility for resolving charges between the FEPA and the
EEOC will be divided as follows:
A. EEOC and the FEPA will process all Title VII, ADA, and
AREA charges that they originally receive:
1. For charges originally received by the EEOC and/or_
to be initially processed by the EEOC, the FEPA-
waives i.ts right of exclusive jurisdiction to '--
initially process such charges for a period of 60
days for the purpose of allowing the EEOC to
proceed immediately with the processing of such
charges before the 61st day.
In addition, the EEOC will initially process the
following charges:
-- All Title VII, ADA, and concurrent Title VII/ADA
charges jurisdictional with the FEPA and received
by the FEPA 240 days or more after the date of
violation;
-- All Concurrent Title VII/EPA charges;
-- All charges against the FEPA or its parent
organization where such parent organization
exercises direct or indirect control over the
charge decision making process;
-- All charges filed by EEOC Commissioners;
-- Charges also covered by the Immigration Reform
and Control Act;
2.
-- Complaints referred to EEOC by the Department of
Justice, Office of Federal Contract Compliance
Programs, or Federal fund-granting agencies under
29 CFR § 1640, 1641, and 1691.
-- Any charge where EEOC is a party to a
Conciliation Agreement or a Consent Decree which,
upon mutual consultation and agreement, is relevant
to the disposition of the charge. The EEOC will
notify the FEPA of all Conciliation Agreements and
Consent Decrees which have features relevant to the
disposition of subsequent charges;
-- Any charge alleging retaliation for filing a
charge with EEOC or for cooperating with EEOC; and
-- All charges against Respondents which are
designated for initial processing by the EEOC in a.
supplementary memorandum to this Agreement. ----
The FEPA will initially process the following types
of charges:
-- Any charge alleging retaliation for filing a
charge with the FEPA or cooperating with the FEPA;
-- Any charge where the FEPA is a party to a
Conciliation Agreement or a Consent Decree which,
upon mutual consultation and agreement, is relevant
to the disposition of the charge. The FEPA will
provide the EEOC with an on-going list of all
.Conciliation Agreements and Consent Decrees which
have features relevant to the disposition of
subsequent charges;
-- All charges which allege more than one basis of
discrimination where at least one basis is not
covered by the laws administered by EEOC but is
covered by the FEPA Ordinance, or where EEOC is
mandated by federal court decision or by internal
administrative EEOC policy to dismiss the charge,
but FEPA can process that charge.
-- All charges against Respondents which are
designated for initial processing by FEPA in a
supplementary memorandum to this Agreement; and
-- All disability-based charges against Respondents
over which EEOC does not have jurisdiction.
B. Notwithstanding any other provision of the Agreement, the
FEPA or the EEOC may request to be granted the right to
initially process any charge. Such variations shall not
be inconsistent with the objectives of this Worksharing
Agreement or the Contracting Principles.
C. Each Agency will on a quarterly basis notify the other of
all cases in litigation and will notify each other when
a new suit is filed. As charges are received by one
Agency against a Respondent on the other Agency's
litigation list, a copy of the new charge will be sent to
the other Agency's litigation unit within five working
days.
IV. EXCHANGE OF INFORMATION
A. Both the FEPA and EEOC shall make available for'
inspection and copying to appropriate officials from the ,,.,,
other Agency any information which may assist each Agency
in carrying out its responsibilities. Such information
shall include, but not necessarily be limited to,
investigative files, conciliation agreements, staffing
information, case management printouts, charge processing
documentation, and any other material and data as may be
related to the processing of dual-filed charges or
administration of the contract. The Agency accepting
information agrees to comply with any confidentiality
requirements imposed on the agency providing the
information. With respect to all information obtained
from EEOC, the FEPA agrees to observe the confidentiality
provisions of Title VII, ADEA, EPA, and ADA.
B. In order to expedite the resolution of charges or
facilitate the working of this Agreement, either Agency
may request or permit personnel of the other Agency to
accompany or to observe its personnel when processing a
charge.
V. RESOLUTION OF CHARGES
A. Both. agencies will adhere to the procedures set out in
EEOC's Order 916, Substantial Weight Review Manual, and
the State and Local Handbook.
B. For the purpose of according substantial weight to the
FEPA final finding and order, the FEPA must submit to the
EEOC copies of all documents pertinent to conducting a
substantial weight review; the evaluation will be
designed to determine whether the following items have
been addressed in a manner sufficient to satisfy EEOC
requirements; including, but not limited to:
1. jurisdictional requirements,
2. investigation and resolution of all relevant issues
alleging personal harm with appropriate
documentation and using proper theory,
3. relief, if appropriate,
4. mechanisms for monitoring and enforcing compliance
with all terms of conciliation agreements, orders
after public hearing or consent orders to which the
FEPA is a party.
C. In order to be eligible for contract credit and/or
payment, submissions must meet all the substantive and.
administrative requirements as stipulated in the ~-
Contracting Principles.
D. For the purposes of determining eligibility for contract
payment, a final action is defined as the point after
which the charging party has no administrative recourse,
appeal, or other avenue of redress available under
applicable State and Local statutes.
VI. IMPLEMENTATION OF THE WORKSHARING AGREEMENT
A. Each agency will designate a person as liaison official
for the other agency to contact concerning the day-to-day
implementation for the Agreement. The liaison for the
FEPA will be Lucy Lewis, Director. The liaison official
for the EEOC will be Patricia B. Monroe, State and Local
Coordinator.
B. The agencies will monitor the allocation of charge-
processing responsibilities as set forth in the
Agreement. Where it appears that the overall projection
appears inappropriate, the appropriate portions of this
Agreement will be modified to ensure full utilization of
the investigation and resolution capacities of the FEPA
and rapid redress for allegations of unlawful employment
discrimination.
C. EEOC will provide original fo <<s to be copied by the
FEPA, in accordance with the Regulations and the
Ccmpliarce Manual to be used by the FEPAs in
correspondence with Charging Parties and Respondents.
D. If a dispute regarding the implementation or application
of this agreement cannot be resolved by the FEPA and
District Office Director, tre issues will be reduced tc
writing by both parties and forwarded to the Director of
the Office of Program Operations for resolution.
~. This Agreement shall operate from the first (1st) day of
October 1997 to the thirtieth (30th) day of September in
the year the contract ends and may be renewed or modified
by mutual consent of the parties.
I have read the foregoing worksharing Agreement and I accept and
agree to the provisions contained therein.
Da t e ` 6 ~~ ~t ~.L l.. ~ ~~
Marsha J. Dra District Director
Equal Employment Opportunity Commission
Charlotte District Office
Date ~ ~ 7 9 ? ~ c.Q,Q,~,pv~n ~- .
William L. Crowther, Chairperson
Orange County Board of Commissioners