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HomeMy WebLinkAbout2000 S HRR - Contract With Equal Employment Opportunity Commission for Fiscal Year 2000 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington, D.C. 20507 FEB 2 5 2000 Orange County Human Relations Commission 110 South Churchton Street Hillsborough, NC 27278 Dear Director: Subject: Contract No. 0/5010/0145 Enclosed is a properly executed copy of the subject contract. Also enclosed is a copy of the letter of designation appointing the Contract Monitor (CM) for this particular contract. I request that you carefully review this designation as the information contained therein is pertinent to your performance under the contract. It is being forwarded for your information, appropriate action and file. Sincerely, ik'nen Zth P. *iak, Contracting Officer Procurement Management Division Office of Financial and Resource Management Enclosures � � 6 fl20d0 ORANGE HT HUMAN OF AND RELA� NS U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington, D.C. 20507 DESIGNATION OF CONTRACT MONITOR Contract No. 0/5010/0145 Contractor Orange County Human Relations Commission 110 South Churchton Street Hillsborough, NC 27278 Supplies/Services FEPA CONTRACT In connection with the discharge of my responsibilities as Contracting Officer under the above numbered contract, I hereby designate Reuben Daniels, Acting , Director, Charlotte District Office as Contract Monitor to act on my behalf in carrying out the specific duties listed below: 1 Monitor the Contractor's day-to-day performance to assure compliance with the technical requirements of the contract. This includes providing the Contractor with technical direction. Such direction is to remain within the scope of the contract as it is written. 2. Review and approve progress reports, technical reports, and all other materials provided by the Contractor as called for by the contract. Notify the Contracting Officer and Supervisor if reports or other items submitted are to be rejected and state basis for rejection. 3. Complete attached progress report Quarterly and FINAL and forward to the Contracting Officer. 4. Certify the Contractor's invoices for payment, including any credit due the Government. This includes the authority to request the Contractor to make corrections or submit new invoices when clerical errors are detected. If a contractor fails to submit a requisite invoice based on actual production and subsequently submit an invoice for another advance payment, the contract monitor must certify that the contractor is producing on schedule before that advance payment is paid. 5. Keep detailed records of the Contractor's performance, and if it is not satisfactory or if problems are anticipated, notify the Contracting Officer and Supervisor, in writing, as to the cause and recommend a course of action from a technical standpoint. Immediate notification is essential to assure that the Contracting Officer takes appropriate action to protect the Government's rights under the contract. Page 2 of 3 6. Provide copies of all correspondence between the Contract Monitor and the Contractor to the Contracting Officer and Supervisor. 7. Prepare Memorandum for Record covering all meetings/discussions between the Contract Monitor and the Contractor and forward copies to the Contracting Officer and Supervisor. It is critically important to keep the Contracting Officer informed on the context of all communications with the Contractor to prevent misunderstandings or situations that could affect contract terms or conditions and become the basis of future claims against the Government. 8. Advises the Contractor that in the event he/she desires to propose a change, he/she should submit the request in writing to the Contract Monitor and specifically identify the effect that the proposed change(s) will have on the terms of the contract (technically and/or monetary). The Contract Monitor will review the proposed change(s) and if he/she agrees that the changes are necessary to achieve the desired outcome, he/she will recommend to the Contracting Officer and Supervisor, in writing, whether the proposed change(s) should be incorporated into the contract. 9. Assure that changes in work under the contract are not implemented before written authorization of a contract modification is issued by the Contracting Officer. Costs for work performed may not be allowed if not authorized under the contract. No change or commitment should be directed without prior written authorization by the Contracting Officer. 10. Recommend, in writing, to the Contracting Officer through the Supervisor any changes in the contract required by the Government with detailed justification for the proposed change. 11 . Make site visits, when appropriate, to the Contractor's facility and check contractor performance. 12. Make sure the Contractor is fully aware of the following: This contract shall not cover charges for any items which are not specifically provided for by this contract. Contractor is to be cautioned that if he/she provides services/supplies during the performance of this contract which are not specifically set forth as priced items in the contract, regardless of who requests them (including the Contract Monitor), payment will NOT be made for them under this contract. Page 3 of 3 The Contract Monitor shall give no other direction to the Contractor except as authorized above. All other authority to act on behalf of the U.S. Equal Employment Opportunity Commission in the administration of this contract is reserved to me as Contracting Officer. Kenneth P. 46iak Contracting Officer Date FEB 2 5 2000 f 1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES AWARD/CONTRACT UNDER DPAS (15 CFR 350) 1 1 3 2. CONTRACT (Proc. Inst. Ident.) NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUEST/PROJECT NO. 0/5010/0145 10/01/99 0/5010/0145 5. ISSUED BY CODE L 6. ADMINISTERED BY CODE (if other than Item 5) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PROCUREMENT MANAGEMENT DIVISION CHARLOTTE DISTRICT OFFICE 1801 L STREET, N.W. ROOM 2505 129 WEST TRADE STREET SUITE 400 WASHINGTON, DC 2050' CHARLOTTE, NORTH CAROLINA 28202 7. NAME AND ADDRESS OF CONTRACTOR 8. DELIVERY C1 ORANGE COUNTY HUMAN RELATIONS COMMISSION FOB ORIGIN © OTHER (See below) 110 SOUTH CHURCHTON STREET FOB DESTINATION HILLSBOROUGH, NC 27278 9. DISCOUNT FOR PROMPT PAYMENT n IL At y, N 10. SUBMIT INVOICES ITELOCK( copies unless 6 otherwise specified) TO ABOVE CODE FACILITY CODE THE ADDRESS SHOWN IN: 11. SHIP TO/MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODE .SAME AS BLOCK 6 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FINANCIAL MANAGEMENT DIVISION 1801 L STREET, N.W. ROOM 2005 WASHINGTON, DC 2050 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN 14. ACCOUNTING AND APPROPRIATION DATA COMPETITION: 0/5010/22/4116 $26,000.00 OBLIGATE ❑ 10 USC 2304(c)( ) ® 41 USC 253(c)( ) 0/5010/19/4116 501%8/4106 $ 1,000.00 OBLIGATE 15A. ITEM NO. 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT PROCESSING OF FISCAL YEAR 2000 FEP AGENCY TITLE VII, SEE ECPION B ADEA AND ADA CHARGE FI FIXED- CE TYPE CONT Cr RESOLUTIONS AND PROCESSING CHARGES FOR INTAKE SERVICES, AND GENERAL FEP AGENCY TRAINING. 15G. TOTAL AMOUNT OF CONTRACT 1$28,000.00 16. TABLE OF CONTENTS SEC. DESCRIPTION PAGES) SEC. DESCRIPTION PAGES) PART I - THE SCHEDULE PART II - CONTRACT CLAUSES X A SOLICITATION CONTRACT FORM 3 X I CONTRACT CLAUSES 2 B SUPPLIES P F DOCUMENTS, EXHIBITS A �TTACH. X C DESCRIPTION SPECS WORK STATEMENT 5 X I J ILIST OF ATTACHMENTS 17 X D PACKAGING AND MARKING 1 PART IV - REPRESENTATIONS AND INSTRUCTIONS X E INSPECTION AND ACCEPTANCE 1 X K REPRESENTATIONS, CERTIFICATIONS AND 6 X F DELIVERIES OR PERFORMANCE 2 OTHER STATEMENTS OF OFFERORS X G CONTRACT ADMINISTRATION DATA 4 L INSTRS CONDS AND NOTICES TO OFFERORS X H SPECIAL CONTRACT REQUIREMENTS 1 3 1 M EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE 17.® CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is 18.❑ AWARD (Contractor is not required to sign this required to sign this document and return 3 copies to document.) Your offer on Solicitation issuing office.) Contractor agrees to furnish and deliver Number all items or perform all the services set forth or other- including the additions or changes made by you which addi- wise identified above and on any continuation sheets for tions or changes are set forth in full above, is hereby the consideration stated herein. The rights and obliga- accepted as to the Items listed above and on any continu- tions of the parties to this contract shall be subject to ation sheets. This award consummates the contract which and governed by the following documents: (a) this award/ consists of the following documents: (a) the Government's contract, (b) the soliciation, if any, and (c) such pro- solicitation and your offer, and (b) this award/contract. visions, representations, certifications, and specifica- No further contractual document is necessary. tions, as are attached or incorporated by reference herein. (Attachments are listed herein.) 19A. NAME AND TITLE OF SIGNER (type or print) 20A. NAME OF CONTRACTING OFFICER Moses Carey, Jr. , Chair KENNETH P. JANIAK CONTRACTING OFFICER 196. NAME OF CONTRACT 19C. DATE SIGNED 206. UNITED STATES SOOFF�AMERICA 20C. DATE SIGNED BY oe 113 11 CJ BY n.t�.r tyC/ FEB 2 5 2000 (Signature of person authoriz to ign) (Signature of tracting Officer) NSN 7540-01-152-8069 26-107 STANDARD FORM 26 (REV. 4-85) PREVIOUS EDITION UNUSABLE Prescribed by GSA GPO 19850-469-794 FAR (48 CFR) 53.214(a) � r s .� ,,: t'q'1 ,�. _ i°1 C`.1 = ('..7 _ «..•� � �a R iP.,i cJ TABLE OF CONTENTS PART I - THE SCHEDULE PAGE NUMBER SECTION A - SOLICITATION/CONTRACT FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-1 SECTION B - SUPPLIES OR SERVICES PRICES/COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1 B.1 Contract Definition - Fixed Price Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1 6.2 Services and Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1 thru B-3 13.3 Date of Incurrence of Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-3 SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT . . . . . . . . . . . . . C-1 thru C-5 SECTION D - PACKAGING AND MARKING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-1 SECTION E - INSPECTION AND ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-1 E.1 Inspection and Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-1 E.2 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-1 SECTION F - DELIVERIES OR PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-1 F.1 Period of Performance . . . . . . . . . ... . . . . F-1 F.2 Time of Delivery/Deliverables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-1 thru F-2 SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . G-1 G.1 Contracting Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-1 G.2 Contract Monitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-1 G.3 District Office State and Local Coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . G-2 G.4 Invoice Instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-2 thru G-3 G.5 Payment Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-3 thru G-4 G.6 Electronic Funds Transfer Payment Method . . . . . . . . . . . . . . . . . . . . . . . . . . G-4 SECTION H - SPECIAL CONTRACT REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-1 H.1 Title VII and ADA Confidentiality Provisions _ . . . . . . . . . . . . H-1 H.2 Contract Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-1 H.3 Rights in Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-2 H.4 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-2 H.5 Acknowledgment of Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-2 H.6 Direct and Indirect Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-2 H.7 Notice of Adverse Court Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-2 H.8 Privacy Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-2 A-2 TABLE OF CONTENTS (cont'd) PART II - CONTRACT CLAUSES PAGE NUMBER SECTION H - SPECIAL CONTRACT REQUIREMENTS (cont'd) . . . . . . . . . . . . . . . . . . . . . . . . H-1 H.9 Charge Data System - Database . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-3 H.10 Option to Extend the Term of the Contract . . . . . . . . . . . . . . . . . . . . . . . . . . H-3 SECTION I - CONTRACT CLAUSES - FIXED PRICE SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 1.1 52.252-2 Clauses Incorporated by Reference (FEB 1998) . . . . . . . . . . . . . . 1-1 1.2 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 thru 1-2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS PAGE NUMBER SECTION J - LIST OF ATTACHMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J-1 SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS K-1 K.1 Taxpayer Identification (Oct. 1998) . . . . . . . . . . . . . . . . . . . . . . . . . . . K-1 thru K-2 K.2 Certification Regarding Debarment, Suspension, Proposed Debarment, and other Responsibility Matters (Mar 1996) . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-3 thru K-4 K.3 Place.of Performance (Oct 1997) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-4 K.4 Previous Contracts and Compliance Reports (Feb. 1999) . . . . . . . . . . . . . . . . . . K-5 K.5 Affirmative Action Compliance (Apr 1984) . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-5 K.6 Clean Air-and Water Certification (Apr. 1984) . . . . . . . . . . . . . . . . . . . . . . . . . . K-5 K.7 Buy American Certificate (Dec. 1989) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-6 •K.8 Notice - Federal Acquisition Regulation Solicitation Provisions . . . . . . . . . . . . . . . K-6 A-3 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIFORM CONTRACT FORMAT SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS B.1 CONTRACT DEFINITION - FIXED PRICE CONTRACT This is a Fixed-Price Contract as defined at Subpart 16.201 of the Federal Acquisition Regulation(FAR). See Clause H.2 for equitable adjustment. B.2 SERVICES AND PRICES BASE PERIOD - October 1, 1999 through September 30, 2000 CLIN DESCRIPTION AMOUNT 0001 Processing and resolving, at a price of$500 per charge, 52 Title $ 26,000.00 VII, ADEA, and ADA charges. Each charge must have been filed since October 1, 1995, (or since October 1, 1994 for each charge where a determination of reasonable cause is issued and the charge is processed through hearings and/or litigation) and resolved in accordance with a Charge Resolution Plan, if applicable. 0002 Provide Intake Services for 20 charges,with affidavits, filed during $ 1,000.00 the period October 1, 1999 to September 30,2000, at a price of$50 per charge. 0003 Training to facilitate successful completion of contract, which must $ 1,000.00 include attendance at EEOC-sponsored annual conference. TOTAL CONTRACT PRICE: $ 28,000.00 B-1 OPTION PERIOD I - October 1, 2000 through September 30, 2001 CLIN DESCRIPTION AMOUNT 0201 Processing and resolving, at a price of $500 per charge, ** 52 **$ 26,000.00 Title VII, AREA, and ADA charges. Each charge must have been filed since October 1, 1996, (or since October 1, 1995 for each charge where a determination of reasonable cause is issued and the charge is processed through hearings and/or litigation)and resolved in accordance with a Charge Resolution Plan, if applicable. 0202 Provide Intake Services for ** 20 charges, with affidavits, filed **$ 1,000.00 during the period October 1, 2000 to September 30, 2001, at a price of**$50 per charge. 0203 Training to facilitate successful completion of contract, which must **$ 1,000.00 include attendance at EEOC-sponsored annual conference. TOTAL CONTRACT PRICE(OPTION PERIOD 1): **$ 28,000.00 **Prices and Charges contained in this Schedule are estimates only, and may be subject to change upon award of this Option. When prices and charges are finalized, this Contract will be modified accordingly. B-2 OPTION II - October 1, 2001 through September 30, 2002 CLIN DESCRIPTION AMOUNT 0301 Processing and resolving, at a price of $500 per ** 52 Title VII, **$ 26,000.00 ADEA, and ADA charges. Each charge must have been filed since October 1, 1997, (or since October 1, 1996 for each charge where a determination of reasonable cause is issued and the charge is processed through hearings and/or litigation) and resolved in accordance with a Charge Resolution Plan, if applicable. 0302 Provide Intake Services for ** 20 charges, with affidavits, filed **$ 1,000.00 during the period October 1,2001 to September 30,2002,at a price of **$50 per charge. 0303 Training to facilitate successful completion of contract, which must **$ 1,000.00 include attendance at EEOC-sponsored annual conference. TOTAL CONTRACT PRICE(OPTION PERIOD II): **$ 28,000.00 **Prices and Charges contained in this Schedule are estimates only, and may be subject to change upon award of this Option. When prices and charges are finalized, this Contract will be modified accordingly. B.3 DATE OF INCURRENCE OF COST In accordance with FAR Part 31.205-32, the Contractor shall be entitled to reimbursement of costs as specified above incurred during the period from October 1, 1999, to the date of award which is the date signed by the Contracting Officer. any costs incurred will be reimbursed if and only if they would have been allowable pursuant to the terms of this contract if this contract had been in effect when such costs were incurred; and provided further that the Government is not obligated to reimburse any precontract costs in excess of the target costs of the contract as stated in Block 15G of SF-26, the contract cover sheet. B-3 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIFORM CONTRACT FORMAT SECTION C - DESCRIPTION/SPEC./WORK STATEMENT 1. Background A. There is an acknowledged need to ensure the employment rights of individuals grarited 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 V11 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. If. 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 all 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; C-1 5. The development and maintenance of a system to ensure that EEOC and the Contractor maintain compatible procedural and substantive standards; and 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: a. 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 12, 1999, 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. C-2 D. It is further 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 for Fiscal Year 2000 adopted by the Commission on July 23, 1999 are incorporated in their entirety into this contract. Statement of Work A. Processing of Charges - Title VII Charges, and/or ADEA Charges (if apolicable), and/or ADA Charges (if armlicable) 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. C-3 3. All charges submitted for credit under this contract shall be completed by the Contractor between October 1, 1999 and September 30, 2000, as follows: a. All charges will be evaluated and determinations made in accordance with the theories of discrimination in employment as developed under 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, 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 the State-and Local Handbook, 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 the State and Local Handbook; 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, including 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. C-4 f. Charge resolutions submitted for contract credit pursuant to this contract will be identified by the Contractor by timely and accurate data entries on the FEPA Charge Data System, if applicable. Where the Contractor is not on the FEPA CDS, charge resolutions submitted for credit pursuant to this contract will*be designated in a monthly status report from the Contractor to the Contract Monitor. 9. 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. C-5 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIFORM CONTRACT FORMAT SECTION D - PACKAGING AND MARKING Charge/case file material and reports to be furnished to the District Office shall be adequately packaged to assure safe delivery to the designated office. The Contractor shall preserve all case files and records relevant to all charges or actions until final disposition of such charges or actions by the Contractor and the Commission and other federal authorities including federal courts. D-1 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIFORM CONTRACT FORMAT SECTION E - INSPECTION 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 Compliancb Manual and in the applicable section(s) of the State and Local Handbook. 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 (AUG 1996) E-1 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIFORM CONTRACT FORMAT SECTION F - DELIVERIES OR PERFORMANCE FA PERIOD OF PERFORMANCE Performance under this contract shall begin on October 1,1999 and be completed by September 30, 2000. (See Clause H.10, "Option to Extend the Term of the Contract.") F.2 TIME OF DELIVERY/DELIVERABLES 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 III.B.5.a. of the FY 2000 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 COS within five days of the Contractor's receipt of each charge as set forth in Section Ill. 6.5.a of the FY 2000 Contracting Prindiples. 3. In order to meet the requirement in the FY 2000 Contracting Principles at Section III.B.2. that the Contractor shall provide EEOC with a list of final actions within a time frame 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. Where the Contractor is not on the FEPA CDS: 1 . The Contractor shall submit quarterly contract production reports to the Contract Monitor for review. The quarterly reports shall consist of EEOC Forms 322 and 472. Upon 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 shall 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 time frame 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 472/resolution listing unless the time frame 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 2000 contract must be received by EEOC prior to September 30, 2000. F-2 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIFORM CONTRACT FORMAT SECTION G - CONTRACT ADMINISTRATION DATA Contracting Officer Kenneth P. Janiak Contract Specialist Lachon N. Langham EEOC - Contract Specialist Telephone: (202) 663-4220 Inspection and Acceptance See Section E of the Schedule Accounting and Appropriation Data: See Block 14 of Page 1 , SF-26 Contract Monitor (CM) Reuben Daniels, Acting Director Charlotte District Office Telephone: (704) 344-6682 Paying Office See Block 12 of Page 1 , SF-26 Project Officer Elizabeth M. Thornton, Director Office of Field Programs 1801 L Street, N.W., Room 8002A Washington, DC 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 of 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 monitor and evaluating all phases of the Contractor's performance in order to determine compliance with the technical requirements of the contract. G-1 � . . ' - | � ' Step 3 ' The CM will receive and review the Standard Form 1034. |f found correct and proper for payment, the CK8 will sign the Standard Form 1O34onthe "Authorized Certifying Officer" line. The CM, however, im empowered to rnodifwpayment amounts on vouchers submitted for actual production payments based upon assessment ofthe ohor0m 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 mfthe Standard Form 1034, then mail the original and remaining copies of the Standarct 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 will 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 DISTRICT OFFICE STATE AND LOCAL COORDINATOR The EEOC District Office State and Local Coordinator or Program Manager is the designee of the CM in connection with the performance of this contract and shall 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 CK , c. Payments shall 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 will 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 all charge resolutions for which pavment is reauested were processed in compliance with the apolicable section(s) of the State and Local Handbook 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 PAYMENT SCHEDULE FOR VOUCHERING UNDER FY 2000 CONTRACTS Percentage of Total Type of Voucher Vouchering Date Contract Allocation Payments 10/04/99 50% Advance 01/10/00 -- Based on Actual Production 04/10/00 -- Based on Actual Production 07/10/00 -- Based on Actual Production 10/10/00 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 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIFORM CONTRACT FORMAT SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 TITLE VII AND ADA CONFIDENTIALITY PROVISIONS The Contractor agrees to abide by the confidentiality provisions of Title VII and the ADA as those provisions are interpreted by EEOC. The Contractor shall not make public in any manner whatever the following information if said information was obtained from EEOC: 1. The existence of a Title VII and/or ADA charge filed by a particular charging party against a particular respondent, unless a Title Vil and/or ADA lawsuit has been instituted, 'L 2. Information obtained by the EEOC Pursuant to its investigation autho,ity (Section .709(a)), unless a Title VII and/or ADA lawsuit involving that information has been instituted and, 3. Things said or done by the parties (i.e. charging parties and respondents, and the EEOC).during the settlement efforts or conciliation of a charge, unless a Title VII and/or ADA lawsuit has been instituted. 4. Pursuant to Paragraph 5(b) of the EEOC Memorandum of Understanding with the OFCCP, information compiled by OFCCP and provided to EEOC may be provided to an FEP Agency (i.e. the Contractor) upon its request. It is further understood and agreed that the Contractor will not disclose to the public any such information without first requesting and obtaining the express written approval of the Director of OFCCP. EEOC-Furnished EEO Reports may be made public by the Contractor during or after a hearing conducted by the Contractor that involves such information. H.2 CONTRACT ADJUSTMENTS A. The CM will review production on a quarterly basis. The Contractor is expected to produce approximately 1/4 of the total charge resolutions required under the contract each quarter. B. If the annualized linear production of the Contractor's actual production at any time indicates that the Contractor is producing at a rate that would not meet the number of charge resolutions required under the contract, the Contractor agrees to allow the government to unilaterally modify the contract price and the total number of charge resolutions being purchased downward to reflect the annualized charge production projection. C. The Contractor also agrees that the government has the unilateral option to Increase the number of contracted charge resolutions and/or intake services, based on the actual or projected production of charge resolutions and intake services. H-1 H.3 RIGHTS IN DATA 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 INDEMNIFICATION The Contractor agrees to indemnify the Government, its officers, agents, employees and assignees,,for all claims of any nature arising out of the performance of this contract, including costs and expenses resulting from such claims. H-5 ACKNOWLEDGMENT OF GOVERNMENT 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 AND INDIRECT 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(s) indicated in Section C. H.7 NOTICE OF ADVERSE COURT ACTION The Contractor will provide written notification to the Director, Office of Field 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 PRIVACY ACT 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 VII 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 H.9 CHARGE DATA SYSTEM - DATABASE The Contractor is expected to reconcile its data base with EEOC's data base as necessary and appropriate. If significant discrepancies occur and cannot be eliminated through a routine reconciliation, EEOC may request a hard inventory of the Contractor's charge inventory. Such hard inventory must be conducted in accordance with guidelines prescribed by the EEOC. H.10 OPTION TO EXTEND THE TERM OF THE CONTRACT This contract is renewable at the prices stated elsewhere in the contract, at the option of the Government, by the Contracting Officer giving written notice of renewal to the contractor by the first day of each Government fiscal year, provided, that the Contracting Officer shall have given preliminary notice of the Government's intention to renew at least 60 days before this contract is to expire. Such a preliminary notice of intent*to renew shall not be deemed to commit the Government to renewals. If the Government exercises this option for the renewal, the contract as renewed shall be deemed to include this option provision. However, the total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months. Base Period - October 1, 1999 through,September 30, 2000 Option Period I - October 1, 2000 through September 30, 2001 Option Period 11 - October 1, 2001 through September 30, 2002 H-3 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIFORM CONTRACT FORMAT PART 11 - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES - FIXED PRICE SERVICE 1-1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.amet.gov 1-2 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 52.202-1 Definitions OCT 1995 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions on Subcontractor Sales to JUL 1995 the Government 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Recission and Recovery of JAN 1997 Funds for Illegal or Improper Activity 52-203-10 Price or Fee Adjustment for Illegal JAN 1997 or Improper Activity 52-203-12 Limitation on Payments to JUN 1997 Influence Certain Federal Transactions 52.204-4 Printing/Copying Double Sided on JUN 1996 Recycled Paper 52.209-6 Protecting the Government's Interest JUL 1995 when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.215-2 Audit and Records --Negotiation JUN 1999 52.215-8 Order of Precedence -Uniform Contract Format OCT 1997 52.217-9 Option to Extend the Term of the Contract MAR 1989 Para (a): by the first day of the Government Fiscal year Para (c): 36 months 52.219-8 Utilization of Small Business Concerns OCT 1999 52.222-1 Notice to the Government of Labor Disputes FEB 1997 52.222-3 Convict Labor AUG 1996 52.222-26 Equal Opportunity FEB 1999 52.222-35 Affirmative Action for Disabled Veterans and APR 1998 Veterans of the Vietnam Era 52.222-36 Affirmative Action for Workers JUN 1998 With Disabilities 52.222-37 Employment Reports on Disabled JAN 1999 Veterans and Veterans of the Vietnam Era 52.223-2 Clean Air and Water APR 1984 52.223-6 Drug-Free Workplace JAN 1997 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-3 Buy"American Act - Supplies JAN 1994 52.229-4 Federal, State, and Local Taxes JAN 1991 (Noncompetitive Contract) 52.229-5 Taxes--Contracts Performed in U.S. APR 1984 Possessions or Puerto Rico " 52.232-1 Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest JUN 1996 . 52.232-23 Assignment of Claims JAN 1986 52.232-25 Prompt Payment JUN 1997 52.232-33 Payment by Electronic Funds Transfer -- MAY1999 Central.Contractor Registration' 52.233-1 Disputes DEC 1998 52.233-3 Protest After Award AUG 1996 52.237-3 Continuity of Services JAN 1991 52.242-2 Production Progress Reports APR 1991 52.243-1 Changes--Fixed Price--Alternative III AUG 1987 52.244-6 Subcontracts for Commercial Items and Commercial OCT 1998 Components 52.245-4 Government Furnished Property APR 1984 (Short Form) 52.249-4 Termination for Convenience of the APR 1984 Government (Services) (Short Form) 52.249-8 Default (Fixed-Price Supply and Service) APR 1984 1-2 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIFORM CONTRACT FORMAT PART Ili - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS Attachment A - Worksharing Agreement for FY 2000 Attachment B - SF ALL, Disclosure of Lobbying Activities, 3 Pages. Attachment C - Federal Register Notice, Dated March 9, 1994 J-1 CT 19 199 WORKSHARING AGREEMENT BETWEEN ORANGE COUNTY HUMAN RELATIONS COMMISSION and EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FOR FISCAL YEAR 2000 I. INTRODUCTION A. The Orange County Human Relations Commission,hereinafter referred to as the FEPA, has jurisdiction over allegations of employment discrimination filed against employers of 15 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-5 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.S 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 Orange County,North Carolina and Federal laws. II. FILING OF CHARGES OF DISCRIMINATION A. In order to facilitate the assertion of employment rights, the EEOC 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,ADEA,EPA,or the ADA where both the FEPA and EEOC have mutual jurisdiction,or where EEOC only has i jurisdiction,so long as the allegations meet the minimum requirements of those Acts,and for charges specified in Section M.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 the EEOC and the 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 INI'T'IAL 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. (If applicable state statute or local ordinance requires such disclosures,this sentence may be deleted.) E. Within ten calendar days of receipt, 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 ADEA 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 its 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 61 st day. In addition, the EEOC will initially process the following charges: ' -- All Title VII,ADA,and concurrent Title VIVADA charges jurisdictional with the FEPA and received by the FEPA 240 days or more after the date of violation; ii l --All disability-based charges which may not be resolved by the FEPA in a manner consistent with the ADA. -- All concurrent Title VMPA 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; — 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. 2. 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 ' iii 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 subject to agreement of the other agency.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,and ADA. 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 as revised. 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, iv 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- V1. IMPLEMENTATION OF THE WORKSHARING AGREEMENT A. Each agency will designate a person as liaison official for the other agency to contact concerning the day-today implementation for the Agreement. The liaison for the FEPA will be Annette M.Moore,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 forms to be copied by the FEPA,in accordance with the Regulations and the Compliance 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,the issues will be reduced to writing by both parties and forwarded to the Director of the Office of Field Programs for resolution. E. This Agreement shall operate from the first(1st)day of October 1999 to the thirtieth(30th)day of September 2000 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. Data, i 'ct DValctor Equal Employment Oppo m nity Comission arlottte District Office Date (C( OLZL )nn, g� Alice M.Gordon,Chair Orange County Board of County Commissioners Orange County Human Relations Commission v ATTTACH gNP B DISCLOSURE OF LOBBYING ACTIVITIE5 "0proi4 by°" c3,r-oos Complete this form to disdose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: t Status of Federal Action: 3. Report Type: ❑ a. contract a. bid/o(fenappiication a. Initial filing b. grant ❑ b. Initial award ❑ b. material change C. cooperative agreement d. loan c. post-award For Material Change Only: e. loan guarantee year quarter I. loan insurance date of last report 4. Name and Address of Reporting Entity: S. U Reporting Entity In No.4 is Subawardee.Enter Name O Prime O Subawardee and Address of Prime Tier ,if known: Congressional District,if known: CongressionaLDIstrict,if known: 6. Federal Department/Age scy 7. Federal Program NamaiDesaiption: CFDA Number,if applicable: L Federal Action Number,it known: S. Award Amount.it known: f to. a. Name and Address of lobbying Entitt�yr b. Individuals Performen`Services(including address-of (if individual,last name, /first name,Mp: different from No. 10: (last name, first name, MO: r l 11. Amount of Payment(check all that apply): IS. Type of Payment(check all that apply): f O actual O planned O a. retalner O b. one-time fee _ 12. Form of Payment(chwk all that apply): O c. commission O a. ash O d. contingent fee Cl b. In-kind;specify:h� nature O e. deMed value O f. other,spedfy: 14. thief Description of Services Performed or to be Perfermed and Date(s)of Service.hududing offieer(sh employee(s). or Membeds)contacted.for Payment Indicated in Item t I: it n dwsavi IL Continuation Sheets)SF-LLL•A anacbe* O Yes O No IL ww wtr, quww dew.0 dw Mm h e>t.tl.rbd ti trb lr uiG ..ettew 1f37.11eN dheb.ten fi r ccdrldcc w •.ca.lcl.egwcwte,I, Signature.. d hct -p- ..Ad. -S-- ow pucd by the tb. A*" o"a th" v.s..etw.00 f""b P WNW"be.INS dkd@WAO is wmeded pw"W c is Print Name: 31 %&Lc. 1331 Trim YthMNS wl we be wPwd to dw CMewr nWA- MUMMO ad wd be tew-.. IM p+ac ItwP,9 , ,Mr p wew wow Icib w TKIe: IW dw-*Amd dkd—dW M r I @ , w a d a rweNp d tur bs 11MM Moo OW no owe dew tuaaro br turd►such bat. Telephone No» Date. 1%*r X sA1tr x.{ Atwl...i>7rr t«1.¢at a�.s�t,C+»w •ul INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal redpient, at the initiation or receipt of a covered Federal action, or a material change to a previous Alin& pursuant to title 31 U.S.C. section 1352.The filing of a form is required for each payment or t to make payment to any lobbying entity for influencing or attempting to influence an officer or employee oaf aangency, a Member of Congress, an officer or employee of Congress, or an emplooyyeeee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information If the space on the foram Is inadequate. Complete all items that apply for both the initial filing and material change report Refer to the implementing guidance published by the Office of Management and Budget for additional Information. 1. Identify the type of covered Federal action for which lobbying ac Aty is and/or has been secured to Influence the outcome of a covered Federal action. 2. identify the status of the cowered Federal action. 3. Identify the appropriate classification of this report. If this is a foikwioup report caused by r material thane to the Information previously reported,enter the yew and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action 4- Enter the full name. address, city, state and aip code of the reporting ntity.lnducle Congressional District, if known.Check the appropriate ckui ,-*tea w of the reporting entity that�gnates if it is, or expects to be. a prime or subaward redpfent. Identify the tier of the sub wodm e, e.g„ the fast subowmdee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,sullgrants and contract awards under grants. S. If the organization Ming the report In item 4 checks"Subawanlee",then enter the full name,address.city, state and zip code of the prime Federal mdpient.Include CongresskxW District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. include at least one organisational level below agency name,if known. For example,Department of Transportation,United States Coast Guard. T. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full - Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, bans, and loan commitments. 3. Enter the most appropriate Federal identifying number available for the Federal action identified in Item 1 (e.g.. Request for Proposal (RFP) number, invitation for Bid (we) number, grant announcement number, the contract, grant, or loan award number; the applicatiorvproposah control number assigned by the Federal agency). include prefixes,e.g.,"RFP-OE-90-001." 4. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardAoan commitment for the prime entity identified In item 4 or S. 10. (a)Enter the full name. addrew city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the Individuaks) performing services, and include hA address If different from 10 (a). Enter List Name,First Name,and Middle initial(MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4) to the lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be,made(planned). Check ail boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. if payment Is made through an in-kind contribution, specify the nature and value of the In-khhd payment, 13. Check the appropriate boxes). Check all boxes that apply. if other,specify nature. 14. Provide a specific and detailed description of the services that the k►bbyist has performed. or will be expected to perform,and the dates)of arty sovkes rondere&include an tory and related activity,not�time spent in actual contact with Fedeo ofcial& Identify the Federal o�t) or .employee(q) contacted or the off cer(s). employee(s),or Member(s)of Congress that were contacted, 15. Check whether or not a SF-LLL-A Condnuadm Shoes(s)is attached. 16- The certifying official shall$ign and dare the foram,print hhisrher name,title;and telephone member. Public reporting burden ear this collection of information Is*Wmated to average 30 eminum per,Moran, there for reviewing insemcdom,searching exisdn6 dace sourreurs.gathering and ntaintmh* the data needed,and conViwkq and reviewing the collection of Information.Send ean"nents regardkhg the burden es+dnheer or any other aspect of this collection of information.kucitsdkq strggettions far reducing this burden,a the Office of mougekrmw and gadget.Papw-or k itedu cdon Project(03464046),Washington,O.C.20$03. Reporting Entity: Page of Awdm4 r/fo.IKaI Rgrsi�.edew lnwrrr Fem-uLA Federal Register / Vol: 59, No. 46 / Wednesday, 'March 9. 1994 / Notices 11057 20307.Copies.of this notice are EEOC-9 Claims Collection Records. For the Commission. available in the following alternate Routine uses"k"and"1"are remove& Tony E.Gallego& formats:large print.braille.electronic The Commission received comments Chaitaaa& 519 on computer disk.and audio-tape. from the Internal Revenue Service Copies be obtained from the indicating that the disclosures permitted "Co Systems of otecoras Publications Center by calling i-804- under them are overly broad.After ESOC-1 Age and Equal Pay Act 595-3382. reviewing the routine uses.EEOC has Discrimination Case Filess, F(M MOTHER INP40AMATM CONTACT; determined that routine uses"k"and EEOC-2 Attorney Referral List. Nicholas N.In=.Associate Legal "1«are not ,.In addition.SEX �'= Title VII and Americans with Counsel.Thomas 1.Schlageter.Assistant prop, y to add two new marine uses Dtssbt� Discrimination Can Piles. ALagal Counsel or Kathleen Oram.Senior to this�=to permit disclosure of ELOC-s C�poodence and orsuy(202)883-4885(voice)or(2021 Haim,collection records to the Defense- Coo Tonal 1aquiria. (383-7028 fTD01. Manpower Data Center.Department of Employee Assistance P:o %m SUPKINNIM A Y t OOWATIetlN:The Equal Defeats.and the United States Postal Retards. Ems s�oareeart Opportunity Comuaissioa Service to conduatt computer matching EEOC.-7 Employee Pay and Lave Iast published its systems notices in Records. 1991.To brig conformance with case vpi h%o w to - EEOC4 Employee Trawl and law,the Commission is proposing to dert gEb P' ? Reimbwnuwm Records.amend one of the routine uses found is ua baf" Claims Collection Records.. tea of its notices regarding disclosing EMC-10 Grieve nce Records. EEOC-10 Gelevance Records. i L*Mmation to comply with a subpoena. Routtime"r Is amended as described EEi'Xi-i2 Records O(Adverse Actions above„ Against Nosprol arence Eligibles in the As presently written.this routine use lea, allows the system m to provide EEOC-11 Records of Adverse 12 Telephese Call Detail Records. information whim served with a Actions Against Noupreference Elig{blee EMC-13 Employee identification Cards. subpoena.even if the Govermmat is not in the Expected Service.Routine use"r' EECC-14 Employee Parking Retards. as pa to the litigation or to the is amended as described above. EE� -OW-1 Employment administrative proceeding.In light of Opportunity in the Fedwal Govermunt Doe v.Stephens.851 F.2d 1457(D.G EEM"12 Telephone Call Delad Comptaim and Appal Records. Cir.1988)and Doe v.DiCenovo,779 Records.Routine use"c is amended as tE wc_tt F.2d 74(D.0 CIL 1993L the described sbovtR Commission has decided that the EEOC-13 Employee identification $TV=mum issuance of a subpoena by itself no Cards.Routine above F we"c"is amended as A and Pay Act Discrimination longer qualilles as a valid routine use under subsection(b)of the Privacy Act. EEOC/GOVT--1 Equal Employment SYVMLWAMW Therefore.the Commission will no Opportunity in the Federal Complaint Field Office where the charge or longer make disclosures is response to sad Appeal Records.Routine use"b"is complaint of discrimination was f11ed a subpoena unless the Government is a amended as described above,In (see appendix A). party to the judicial or administrative addition.the Commission proposes to proceeding.In those situations where add a routine use permitting disclosure cress s os ecavrouAL2 erovaarao a.nee the Government is not a party to the of EEO complaint and appeal records in SY'STOMa proceeding.records may be disclosed if response to a request for discovery or for< Persons other than federal employees a judge has actually signed the appearance of a witness.when the and applicants who file charges or subpoena.In those cases.the disclosure requested Information is relevant to the �p�ts with EEOC alleging that an . will be made in accordance with subject nutter involved in a pending amployer.employment agency or labor subsection(b)(11)of the Privacy Am judicial or administrative proceeding. Organization has violated the Age Other changes in this notice an the The Commission believes that the Discrimination in Employment Act of deletion of two routine uses and addition of this routine use will 1967 or the Equal Pay Act of 1963. addition of two other mutter uses to facilitate resolution of discrimination cast0gsoss OF necoaos w Tact svrsnrw one system*(records and the addition complaints in the Federal Government. of a routine use to another system of This system contains the retards records. 'The proposed routine uses noted compiled during the investigation of age A brief description of the mnior above meet the compatibility criteria and aqua pay discrimination cases. ch=Vs follows air, the information involved is These records include: 1 Age and.Equal Pay Act collected for the purpose of the a Documents submitted by charging Discrimiaatioa Cw FiLs.Routine use applicable routine uses.We anticipate party Or Complafaani such as charge of is amended as described above. that any disclosure pursuant to these discrimination.personal interview EEOC-3 Title VII and Americans routine uses will rtes result in any statement.and correspondence. With Disabilities Act Di ilOS8 Federal Register / Vol. 59. Na 46 / %Vednesdav, Match 9. 1994 / Notices such as letters of referral to state fair ►ouaas AMC PRAC, 3 toe arowro, srsTt{er E7tae1PRD tutor catraw P+rovtaiows employment practices agencies. PLUM vs+a acttwaQ A27ARN O Aga Of T>,e act•. correspondence with state fair oatroaea oP ttteoRes to rte s*stM his system is exempt t::der S L'S.0 employment practices agencies,witness ��,� 55la(k)(2)from subsections(c;(31.id). statements,investigator's notes, (e)(1).(s)(4)(C).(s)(4)(111.(e)(41(A and(1) investigative plea.report of initial and Thy records am maintained in file of the Act. exit interview.investigator's analyses of folders and in computer processable evidence and chose.subpoenas. storage media. ago" decisions and letters of determination. aaterrevt►wry, �, waeet: waalutioa correspondenat and imy additional These teeords an c ou4ndex"by Attorney Referral List. evidence gathered dn.-inf the course of charging party nurse.employer name :verb toeaTM the investigation, and charge, mumboefr-T abovrte s me?be All District Offices(see appendi..A)_three nuttroWN PCq werr:fW=op me setae indexes. "Teoowea OP 0XftVueu eovem sr Tree S U.S.C.301;29 U.S.C.209,211.216. .. srtTUM 217.533;44 U.S.C.3101. saPSOtrarmi� Attorneys who represent plaintiffs in Pape.records are maintained in a employment discsisn a oa litigation. aotrtsrt urwo"p aarowOS auestaavta a tste secured area to which oni),authorized uTSOOao op neooerve a Tea sTStae sysaea eta-"0"1e Gtr CP USSR$AM personnel have accesL Access to and This system contains attorneys. TN ftwo M or sum Uses use of than records is limited to those names.business addresses and These records and information in persons whose official duties requim telephone numbers.the nature and these records may be used: such access.The premises are locked amount of civil rights litigation a.To disclose pertinent information to when authorized personnel ate not on experience.state and federal bar a federal.state.op local agency or third duty.Access to computerized rscords is admission.whether the anornays have patty as may be appropriate or limited.IhrCAIA rise Of access codes and the capacity and desire to hiadle class necessary to perform the Commission's entry log&to those whose official duties actions;whether the attoraeys•charge functions under the Age Discrimination require sass:. consultation fees(and haw much); in Employment Act or Egan!Pay Act. whether the attorneys will waiva the b.To disclose information contained �ataxrroN two consultation fee;the types of fee in these records to state and local Cases that are dismissed or dosed for umgemenm the attorneys will accept. agencies administering state or local fair otter than no cause are destroyed six and whether the attorneys speak a employment practices laws. months following the date of dismissal foreign language fluently. c To disclose non-confidential and or closure'No cause films that are of aU714MO rY POa rAaareuwea OP n+s sTSTass: non•privileged information from closed value to the developownt of funrre class 42 U.S.C.2000e-4(g);44 U.S.C.3101. ADE.�A case files fa film is closed action or pattern and practice cases are g when the Commission has tasutinated retired to the Federal Records Center Aoutara uses OF Reeoteos tawrraNO tee n+s its investigation and has decided not to OOe Year alterr the date Of the last action sTStsx wauoa+a eeTSGDAM of usaws tea sue)to the employer where a lawsuit and destroyed afar three additional ,Ten ruaosss op sitar us= has been filed against the employer years.A11 other no cause films are These records and information in involving that information:to other destroyed am yaw�'the due of the these records may be used: m employees of the same em Toyer who settlement files a.To refer ehsrgiag pattiu have been notified by the Commission an aces yatr aiLr the a�adar attorneys who handlm litigation of of their right utndae 29 U.S.C.216 to file ]�in which the settlement agreement employment discrimination lawsuits. a lawsuit on their own behalf;sad their is signed or aflerall abligssiaos under t,To provide information to a re m. antadva. the agreement an satisfied.whi hem congressional*M=from the record of p occurs later.WIMe au aetuy banefits an individual in response to an inquiry CL To provide information to a a=e teallzsd is con=crent� Eqt� from the congressional offics made at congzessional office from the record of Pay.and Title VII cases.the film is the request of thO individual. as individual re response ts+aa'iaquiry d.,m)y.d three years after the date of Porsoro caws PRACMCae Poe srorwc. from the st ofs aeiseal nffiee u,*eat the last action.Other files sn TGUMd,to aetttttva+o.aautna,ttsTaar+4�.wo the request a patty to the ch�a the Federal Records Colter one year orsPOeern OP aeconaa a Two sysreae e To diselose�nt talmemation to after the date of the last action. storeaM ages P hr including action is the federal coons or Stored on prepared forms and index �/. the last compliance review(the final cards. prosecuting,enforcinv or implemasUng report submitted by the respondent after a statute.two. tion or order. conciliation to indicate compliance)and esttenvasaar. whew the EEOC becomes awe of as destroyed cites three additional years. Indexed alphabetically by names of indication of a Violation or except landmark caws.Landmark cases the attorneys. violation of dvtl or clintirw law or are traasLrsd to the nsarest Federal regulation. Records Can two years after final sarsOtraaoa' L To disclose information to another court action and offered to the National Access to this system of retards is federal agency.to a court.or to a party Archives ten gars alter final court restricted to EEOC persounei who hsve in litigation before a court or in an action. a legitimate use for the udbrmatioa administrative proceeding being This system is stored in IIling cabinets. conducted by a federal agency when the svVM w►waaerr(s)Mo aoonesa; areerrtoee awo DISPOSAL: governmaat is a party to the judicial or Director of the field office where the Films an reviewed and undated administrative Praeeding• charge was Sled(see appendix A). annually. e Federaal Rem at VoL Sri. No. 46 f Wednesday. Uarch !. 144 / Modem 11DS9 s'V Vd 14ANA a arse Aaaa ie employment practice agetdea. vuA tram of evil or c unaai sr or Regional Attorney at each District Carrespoadence wtth soar fair readation. Office(see append Ai. employment precis.agencies.witness L To disclose infosmumn to seat:$ erotareeuuon FROG orate etstsssmts,iavestigaOx's t OWI1. hdacd agency.to a court.or to a party Inquiries ancarningdLissystanot Investigative plat.inveatfgaeor's is litigation before a court or in sn records should be addressad to the arena! initial and eade is conducted fr proceeding�S aPPoP� 'i suumMz It b copy yj of defer d to$tote.su4 9 n . government�b a party to ts pd when the add or necemary m�the following derdsioas sad tettsrs of din. administrative procsedh* iafotmation:(1)Full carne of the individual whose retards ate�q ussted; agency °°' sours!AND POACTMO ran storrwu, (s)mailtag address se which le4t! Donne adit sad natnrnere.aa:assew*nraraewea sus should be seas. earidasu s gadmod dare g the vourse el 0rr011016 err tw.corms urns atntrttre MOM see=PROCURNISM the W"stigadoet. sreft as Sams as above. Them records are maintaalned in Me once�' ssett� lolde s and In computer processabl e eanrrtsrers rasoorrs reocanuam 3 U.S.0 101;.42 U.&C.2006*4.-4 sgarep musdla, Same as above. and-41,.42 USG U217;M U S C4M fla'rtla<YAaM,lYI! eaou mm ua�aas ap rtttoonsoe taerrraasss at riMR eaoorrs eaunneos esttaonsa: ete�4 aeonuowa c�►rasooetata os usnts,wa These records are tole-isdared by maintained.The ndiv individual an wbout the:soon'is its rtnaoass op trenantnttsse Charging P aiumnbas.The r+mrda me he Tw records m and fusermatioa fa �any of the above three y "�� these records maybe used; a.To disclose pertinent faforaastios to sysrsns+ore a federal.stew or local agency cr third uncumo : - Title VC and Americans With party as may be apProprislow Paper remade an maintained Ins Disabilities Act Discrimination Case naoeseaey to perform teaCommon's secured area to which only sudwakent Fi1e& fuaaexioas under Title VII of the Cava peasonnoal have sateen.Access oo and r reM toealbas Rights Act of 1964 and the ASISSAIMAS Use ed thage recants is limited to those Fold Dllsce when With Disabilities Act of IW& p whose official duties rewire Is.To eBad oew laiormseiron taoasaafnsd such access.The premises are lotbsd diem-imtfilm was Sind(see appendix in*bees records to state and 10ra1 when suehari=01 pe:$otrset are not an al�ialstaia $teas or lad hk aATIG" OF erorenewis aowanaeo a iwa � + horns. n�a lt"Waugh we �d st3rnrr G TOdise3aM n0lfaotSriotlai nt entry loge.to dices whom affidd duties Persons.other than federal empicyees wa-privileged information contained in requ�s access. and applicants,who She Chasse these ncords so the fo wwIng pseeaas allsgiag that an empi oysr.empinymant albeta a ctiae ad�to we leas beers aare.weaoas AM orONIM agency,laluo.argsaiation nr toieat labnr� issued» can that we dismissed or shoed for 1.Agpieved peseose and their other than so amm are destro+ems Act of atsd rthpClvrl'' Rioghts �p��S mat"that et closure fries that am of Act Acs the of 19�90babaoth.� such parN"heYO beer,nodded of tbair value in the development Of intone class status as aggrieved persons; . . action at Potions and cases an eatsooaera OF nttoonaa so tole sVsrtara 2.Persons or aegaaisattarae dfiag on retired m the Federal�Center This system contains records bebaYot is aggsisved pwaus graeeitiad one year after the date of the Lot.m an compiled during the innaa o[ that the eggriewd parson has$irirn sad destroyed aka three additional reo.color.religion.sear asadoaoai written aa►thaetxadtion to the;resea v%W years.All other no cause 11La errs origin discrimination cases and casurat died on hire err ber behalf to act ss this destroyed one year alter the data of the eaisCr7 miapatien against fasdiurleha=ls taeith a�sriered peson's aim far train last action.t+tegotfated$ettlsr tent flies disabilities.These recasts inchadm purpose,and their atorneyaa; am destroyed erne year after the calandar a.Documents subu fined by charging 3.Employees and threat astarasys. you in which the settlement agraeare at Party,rrch ere charge of dlsarLmiaatlan. Provided that the c3urtiin8 parry or is sigtaad cc after all obligations ureter personal interview statement.medical aggsaswed person has fiI suit urarder the sp can ant aaasatisfied.-ahichunter records and uses. Title VII or tine Americans With occurs late$.Where mandaary breaedts b.Doeumeatso itterd by employer Disabilities Ad.or bath. am realized in concurrent Age.Equal such as ssatemeat at position. d.To prairide inlorandon to a Pay.Title VII and Americans Wlth correspondence',statements at congressional office from the t of Disabilities Ace easm the file is witaesses,documentary evidence awk an individual to response to An inquiry destroyed three years allot tba date of as personnel fuss,records of earrraav.. from the copi�Ional omen made at flat last action.other it"an retired to EEO data.employes benefit pplans. the regtsast the individual. the Federal Records Center ran Year seniority list.lob titles std elMaipdnOa, o.To daseloee s to salon the clue of the Lot action. apps dater . tae spprops-nme- �state or 1=9 lnr3udlag aafoa is the fedaraab Doors:of collective berpiaiag apeemerats. agendas reespaumble for#nvret g. the last aompritaa►oa review(*.he Seal petition m ravelte or modify$ebteoea� prwecatiz%ea(arCiag or impehsaeasffag report submitted by the respondent after e Records gathered and 4a wasted by a statute.rule.s+agtaiat*oss or Order. emndHatfrm to indicate compliance)and 1�OC In the crorurse of its invsrtigaxlont where E50C beeoraes awrasu OR an destroyed altar three additional yeam such as letters to state or!ad fiir fasdkaedan of a violation or pOarmiei exaegt Lndmeeet rases.i.andim,rk cases 11060 Federal Register / Vol. 59, No. 46 / Wec-esday. tv'.a=�: 9. :994 i Nctices are t.-aasferrcd to the nearest Federal SYSM ww►aa uMo nooaM an individual is response to an inq Records Center two years after final Director.Office of Communications from the congressional of-Scs at the court action and offered to the National and Legislative Affairs.Equal request of the individual Archives ten years after final court Employment Opportunity Commission. b.To disclose information to ano action. i801 L Street.NW.,Washington,DC federal agency,to a court.or to a pa SrSrfa MAJUGS!"arr0 t.00MM 20507. in litigation before a court or in an Director of the field of.*•cs what the tattptcar4 r plocsauaw admi=s:.-ative proceeding being Charge conducted by a federal agency whet was filed Inquiries concerning this system of government is a parry to the judida Sr!RM MUFM p/on CMAM psOtr0totM records should be addressed to the administrative proceeding. m All is should orThis system is exempt tinder S U.S.G . � t fell!name o(the individual Am�a�srorwo. 552a(k)(2)from subsection(c)(3).(d), read the mailing address to which the a a N Mr"@M Judo (e`(1).(e)(4)(G).(s)(4)(H).(e)(4)(1).and(Q reply should be m'il'd. of the Act. taootto.0esss ptto0seurtssr . srolaes: ggpu .Sims as above. The records are maintained in fib cabinets and on computer tape. SrSTOr Nearer 00Nrsereq stsoortoe pttOgetMte� Biographical Files. Same as above. rtanttaawtY: CoOtespondtace from members o srstsss t oeat+tone 1000Mo soutaot eATUNoltne Congte-s is indexed alphab:tic:11y Office of Communications and The individual to whom the record the last name of the member.liner lative Aftm Equal Employment PWWM correspondence at indaud Oportaaity Conmissi 10 L Street. g@W-4 alphabetically by the fast name of t NW..Washington.DC 20507. individual making the inquiry or of e►nooaa op wontou�s 0ovatto sr tea SMUS t"M whose behalf the inquiry is made. :YSrme Cortespondeace and Congressional Computer entries we retrievable by Current and former Commissioners, URWries, name of author of a letter.by a&= to t General Counsels and Commission• sr5rsn taennore person or om nicai o letter to d Office of Communications and- Officials. Office of Communications and Legislative Affairs.by subject,by k cnrsoo M op 100000i w rim sYSttat Legislative Affairs,Equal Employment word.by refireaee number.by nan Includes for each the name.daft read Opportunity Commission.1801 L Street, person to whom wigtted.and by c Calory,of birth.education,employment NW..Washington.DC 20507. assigned,due and answered. read other biographical u►rs oonats op er mouar.a eovertan err ills. 5APIQw►1ese information. rMMM-_ Chaegin`ptrti0s.members of the Files an tupE is lacking metal auatowty pat uasrrmuma op rot srsTSate cabinets is the Office oI 44 U.S.C.3101.42 US.C.2000*-kL publie.members of.Congress Communications and Legislative and current and forma EEOC Affairs.which is locked evenings. lotrnns tars op 10100105 autaraSM ei tve tmployea who write letters to EEOC weekends and holidays.Computer srsrma,ua.uoero CATEGORIES op tails area hie"information or assistance whose formation is coded with access M rueposo OF SNG0 Iafx inquiries an referred to the Office of' limited to employees of the Office These records and information in Communications and Legislative Affairs Communications and Legislative A these retards may be used for re"a . - and the Office of Information Syste a.To answer public and congressional Serrias. inquiries regarding EEOC a►Ttooress op aeoltoe«Tttt srs roe Commissioners.General Counsels and a.Inquiries from Members of RaTDrnou Ara p�Oy�; Commission officiate. Coagtsee.the White House and Corteapondince is maintained fc tRAeT M Pon potu A members of the general public.AM three yea'from the date of the Ins+ . .RErArssa Ara iadudies current read former I OC corsespoadeaa and rhea destroy*, otsposero op 1Eoortos arm are SWC responses to the above Correspondence control informatic 5TONAM maintained In the computer for fat Stated to locking metal file cabinets. �puter tracdag system YUM. available'to omce employees.. •: lndiating the dates inquirise are SYSTEM arWUM("AM AooRIM received.to whom read wh0n they are Director.Office of Communicitit assigned foe response and the dates th" and Legislative Affairs.Equal Indea d by Iast name of the. ': 'are ansWered. Employment Opportunity Commis Commission'i caenl Counselor , A��Pon alaerrE>ma op rnE Srstt�: 1801 L Street.NW..Washington.D Commission official. 20507. 44 U.S.C:3101:42 U.S.C.20000-4. " SAPVQUAMM Files an kept in the OMce of Routers USES op MONO aAertAaKO et TNa NOTUt"TM POCCOOUM Communications and Legislative . wires erewoe O t;ATUORIS op MM AND Inquiries concerning this system Affaim which is locked evenings. M.PUMPOsES op SUCH Vail` records should be addressed to the weekends and holidays. The»records sad iafotmatioa is "am manager.All inquiries shot . these records may be used: . ftuaish the full name of tke indfvic . Ave ouraeat,: a.To provide information to a and the mailing address to which t Maiataiaed permanently. : eong=eed0nat office from the record of reply should be mailed