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HomeMy WebLinkAbout2000 S HRR - Worksharing Agreement with the Equal Employment Opportunity Commission AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PA1E OF PA 2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable) 1 10/01/00 1/5010/0145 6. ISSUED BY CODE 7. ADMINISTERED BY CODE (If other than Item 6) EQUAL EMPLOYMENT OPPORTUNITY COMM. PROCUREMENT MANAGEMENT DIVISION SEE PAGE G-1, CLAUSE G.1(e) 1801 L STREET, N.W. ROOM 2505 WASHINGTON, DC 20567 8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP code) 9A. AMENDMENT OF SOLICITATION NO. ORANGE COUNTY HUMAN RELATIONS COMMISSION 9B. DATED (SEE ITEM 11) 110 SOUTH CHURTON STREET P.O.BOX 8181 HILLSBOROUGH,NC 27278 10A. MODIFICATION OF CONTRACT/ORDER NO. X 0/5010/0145 10B. DATED (SEE ITEM 13) CODE FACILITY CODE 1 02/25/00 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS ❑ The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers ❑ is extended, ❑ is not extended. Offerors must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitte r (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) SEE PAGE 2 FOR ACCOUNTING AND APPROPRIATION DATA 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b). C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Specify type of modification and authority) X CLAUSE HAD, OPTION TO EXTEND THE TERM OF THE CONTRACT E. IMPORTANT: Contractor ❑ is not, ® is required to sign this document and return 3 copies to the issuing office. 14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) PURPOSE: EXERCISE OF OPTION I Pursuant to Clause H.10 OPTION TO EXTEND THE TERM OF THE CONTRACT, the Government hereby exercise Option Year 1 to extend contract performance for a period of twelve (12) months commencing October 1, 2000. Effective as of the date in Block 3 of this modification. Except as provided herein, aIL terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchan ed and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) Stephen H. Halkiotis, Chair KENNETH P. JANIAK CONTRACTING OFFICER 15B. CONTRACTO /0 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED A ERO 3-a9-ol BY �< �:" APP 10 2001 (Si ha re of per authorized to si n) (Signature of ract ntin Officer) NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83) PREVIOUS EDITION UNUSABLE Prescribed by GSA FAR (48 CFR) 53.243 Contract No. o1 v i 4%b l Y1S Modification No. t Page 2 of 3 L OPTION PERIOD .: - October 1, 2000 through September 30, 200.1 CLIN DESCRIPTION UNIT QTY UNIT PRICE AMOUNT 0201 Each charge must have been filed , EA $500.04 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. The FEPA shall process and resolve the following charges: b) ADEA c) ADA 0202 Provide Intake Services for charges, with EA $50.00 $ 26-0.00 affidavits, filed during the period October 1, ---3000 to September 30, 2001. 0203 Training to facilitate successful completion of 1 LOT $ I em $ 40yo. a'a contract, which must include attendance at EEOC-sponsored annual conference. TOTAL CONTRACT PRICE{OPTION PERIOD Z j: $ 231r.2 9.0 01D The accounting and appropriation data is as follows: 1/5010/22/4116 - $ A2,MP-OV OBLIGATE 1/5010/19/4116 - $ "a." OBLIGATE 1/5010/08/4106 - $ 1 rozw--av OBLIGATE SECTION F- PERIOD OF PERFORMANCE is revised to add the following paragraph: F.1(a) The period of performance under this contract as a result of exercising Option Year r is extended from October 1, 2000 through September 30, 2001. As a result of this modification, the total contract price is revised as follows: TOTAL CONTRACT PRICE FROM: $ R 8,om.mD INCREASE: $ ;M A50-&V (OPTION YEAR ) TO: $ fl, SO.tTtf Contract No. 0150iola is G Modification No. Page 3 of 3 IL In addition, the following are changes to the contract. Section C - DESCRIPTION/SPEC./WORK STATEMENT Replace Pages C-2 through C-4 with the attached Pages C- 2 through C-4. Section F - DELIVERIES OR PERFORMANCE Replace Pages F-1 and F-2 with the attached Pages F-1 and F-2. Section G - CONTRACT ADMINISTRATION DATA Replace Pages G-1 through G-4 with the attached Pages G-1 through G-4. Section J - LIST OF ATTACHMENTS Incorporate Worksharing Agreement for Option as Attachment D. Except as stated above, all other terms and conditions for the contract remain unchanged. 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 -h,s ccrt—ac- that, as a condition to the maintenance of this contract, the Contractor snail: 1 . Implement in cooperation with EEOC, a system which permits each car-, to perform various functions on behalf of the other, among other *hags 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 2001 adopted by the Commission on , are incorporated in their entirety into this contract. III. Statement of Work A. Processing of Charges - Title VII Charges, and/or ADEA Charges (if applicable), and/or ADA Charges (if applicable) 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 Contractor between October 1 , 2000 and September 3- as 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 founc For Title VII charges only, the fifteen day period during which Substantia 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 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIFORM CONTRACT FORMAT SECTION F - DELIVERIES OR PERFORMANCE F.1 PERIOD OF PERFORMANCE Performance under this contract shall begin on October 1, 2000 and be completed by September 30, 2001. (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 COS, 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 reverse; under the procedures set forth in Section 111.8.5.a. of the FY 2001 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. B.S.a of the FY 2001 Contracting Principles. 3. In order to meet the requirement in the FY 2001 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 COS. The Contractor Monitor, will generate charge data lists and reports through the FEPA COS 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 throuc each quarter not later than the 8th calendar day of the month following each quarter. F-1 S. `ih.ere the Contractor is not on the FEEPA CDS: 1 . The Contractor shall submit quarterly contract production reports to -�-e Contract Monitor for review. The quarterly reports shall consist of EEOC 322 and 472. Upon award of the contract, the quarterly reports must oe received by the Contract Monitor not later than the 8th calendar day of tre month following each quarter. 2. Separately, the Contractor shall furnish to the Office of Field Programs, F�eid 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 respec 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 ��vill 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 Agenc Charge List. All reports covering the first three quarters of the FY 2001 contract must be received by EEOC prior to September 30, 2001 . F-2 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIFORM CONTRACT FORMAT SECTION G - CONTRACT ADMINISTRATION DATA G.1 CONTRACT ADMINISTRATION DATA (a) Contracting Officer Kenneth P. Janiak (b) Contract Specialist Cassandra Bates EEOC - Contract Specialist Telephone: (202) 663-4253 (c) Inspection and Acceptance See Section E of the Schedule (d) Accounting and Appropriation Data See Page B-1 (e) Contract Monitor (CM) Reuben Daniels, Jr., Acting Director Telephone: (704) 344-6741 Equal Employment Opportunity Commission Charlotte District Office 129 West Trade Street Charlotte, North Carolina 28202 (f) Paying Office See Block 12 of Page 1, SF-26 (g) Project Officer Elizabeth M. Thornton, Director Office of Field Programs 1801 L Street, N.W., Rm 8002A Washington, D.C. 20507 Telephone: (202) 663-4801 G.2 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-1 G.3 CONTRACT MONITOR (CM) The Equal Employment Opportunity Commission's District Director listed above is the Contract Monitor (CM) in connection with the performance of this contract. The CM shall monitor the contract for the Director, Office of Field Programs and provide the Contractor with technical guidance. Technical guidance shall mean filling in the details or otherwise explaining the scope of work and the requirements set forth in the contract. It is intended that the details or suggestions furnished shall not constitute any changes in terms and conditions of the contract. The CM has the responsibility for monitoring and evaluating all phases of the Contractor's performance in order to determine compliance with the technical requirements of the contract. G.4 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.5 INVOICE INSTRUCTIONS a. General. Strict compliance with the invoice instructions will facilitate early payment of invoices. No payments, however, can be made until this contract and subsequent modifications are returned, properly executed, to the Equal Employment Opportunity Commission, 1801 L Street, N.W., Washington, D.C. 20507, Attn: Contracting Officer, Room 2505. b. Invoice Forms. The Contractor must use copies of the "Public Voucher for Purchases and Services Other Than Personal," Standard Form 1034. Copies of the form may be obtained from the CM. C. Payments 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. G-2 Step 1 The Contractor will prepare, sign and submit copies of "Public ✓cucner 'or 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 payment is requested were processed in compliance with the applicable 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. Step 2 - The CM will receive and review the Standard Form 1034. If found correct and proper for payment, the CM will sign the Standard Form 1034 on the "Authorized Certifying Officer" line. The CM, however, is empowered to modify payment amounts on vouchers submitted for actual production payments based upon assessment of the charge resolutions received and accepted, and will advise the Contractor of any modification in payments made in light of the requirements of the contract between the parties. G.6 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 on the next page. G-3 PAYMENT SCHEDULE FOR VOUCHERING UNDER FY 2001 CONTRACTS Percentage of Total Type of Voucher Vouchering_Date Contract Allocation Payments 10/04/00 50% Advance 01/10/01 -- Based on Actual Production 04/10/01 -- Based on Actual Production 07/10/01 -- Based on Actual Production 10/10/01 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.7 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 52.232-34, identified in paragraph 1.2 of this contract to the EEOC Financial Management Division identified in block 12 of SF 26. G-4 2 FY 2001 EXTENSION OF WORKSHARING AGREEMENT Inasmuch as there have been no substantive changes in the processes, procedures, statutes, policies or regulations that would adversely affect or substantially alter the worksharing agreement between the Charlotte District Office and the County of Orange Human Relations Commission, or that would affect the processing of charges filed under the pertinent Federal, state or local statutes, the parties agree to extend the current worksharing agreement that was executed on October 1, 1999 through the FY 2001 Charge Resolution Contract Option Period. This agreement, as well as the attendant Worksharing Agreement may be reopened and amended by mutual consent of the parties. 4" OJAC,41 9 s C) - i3 For the FEPA Date For the EEOC District Office ate