HomeMy WebLinkAboutAgenda - 06-03-1996 - VIII-G 1
ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
Action Agenda
Item No.
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 3, 1996
SUBJECT: CONTRACT WITH EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION (EEOC)
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DEPARTMENT: Human Rights and Relations PUBLIC HEARING: _Yes XX No
BUDGET AMENDMENT NEEDED
_Yes XX No
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ATTACHMENT(S): INFORMATION CONTACT:
• Correspondence from EEOC Lucy Lewis, ext. 2251
• Contract
TELEPHONE NUMBERS:
Hillsborough - 732 -8181
Chapel Hill - 967-9251
Durham - 688-7331
Mebane- 227-2031
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PURPOSE: To approve a Contract between Orange County and the Equal Employment
Opportunity Commission(EEOC).
BACKGROUND: On February 12, 1996, the Board of Commissioners approved a Worksharing
Agreement between Orange County and the EEOC. On May 8, 1996, the Human Relations
Commission (HRC)received notification that the application for designation as a Fair
Employment Practices Agency had been approved.. This designation provides a mutually agreed-
upon process for handling employment discrimination complaints that are currently within the
jurisdiction of both Orange County and the EEOC. As a FEPA, Orange County will receive
$50,000 for the next 3 years for capacity-building purposes. In addition, the County will receive
$500 annually for the next 3 years for providing intake services, and $1,200 annually for the next
3 years for travel and costs related to attendance and provision of EEOC sponsored training.
After the first 3 years, Orange County will subsequently receive $500 for each closed
employment discrimination case, as long as the County continues to meet substantial equivalency
standards. On May 20, 1996, the HRC received copies of the proposed contract and vouchers for
the first installment of reimbursement for processing and resolving charges
RECOMMENDATION(S): The Manager recommends that the Board approve the
contract and authorize the Chair to sign the contract.
. U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 2
Washington, D.C. 20507
,
HUMAN R{GHT5&RELATIONS
Orange County Human Relations Commission
110 South Churchton Street
Hillsborough, NC 27278
RE: Contract No. 6/5010/0145
Dear Director:
Enclosed are four (4) copies of the proposed contract and Section K, entitled
"Representations, Certifications and Other Statement of Offerors."
All applicable blocks must be completed and returned along with three (3) signed
copies of the contract within ten (10) days from receipt of this letter to the following
address:
Equal Employment Opportunity Commission -
Procurement Management Division
1801 L Street, N.W., Room 2505
Washington, DC 20507
It is essential that you adhere to the timely submission of the signed contracts and
completed Section K in order to meet the scheduled award date.
Any request for extension should be via telephone or in writing. Facsimile requests
are acceptable. Our facsimile telephone number is (202) 663-4178.
The fourth copy is to be retained for your records. Upon execution by the
Government, one fully executed copy of the contract stamped "DUPLICATE
ORIGINAL" will be returned to you for your files.
In the event you have any questions regarding this contract, please contact Lachon
N. Raiford, Contract Specialist, on (202) 663-4220 or me at (202) 663-4270.
Si cerely,
r
Cynt is R. Bond, C ntracting Officer
Proc rement Management Division
Financial and Resource Management
Services
Enclosures
• U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 3
Washington, D.C. 20507
NAY np
Ms. Lucy Lewis, Director GE U;,;
Orange County Human Relations Commission ►�a�n�
P. O. Box 8181
Hillsborough, North Carolina 27278
Dear Ms. Lewis:
The Commission is pleased to inform you that your Agency's
application for FEP Agency designation has been approved.
The FEP Agency designation of the Orange County Human Relations
Commission will be published in the Federal Register and a copy
of the publication will be provided to you for your records.
We have notified the Director of our Charlotte District Office,
Marsha J. Drane, about the FEP Agency designation of your Agency.
She will be in contact with you to discuss the coordination of
charge deferral activities and the appropriate division of
workload that is jurisdictional both with your Agency and with
the EEOC. For your reference, you may contact Ms. Drane at the
following address:
Marsha J. Drane, Director
Charlotte District Office
Equal Employment Opportunity Commission
5500 Central Avenue
Charlotte, North Carolina 28212-2708
Telephone: (704) 567-7105
Please let us know if there is any further information or
assistance you may need to establish your Agency's presence in
Orange County.
Sin erely,
b
Gilbert F. Casellas
Chairman
Enclosure
cc: Marsha Drane, Director
Charlotte District Office
Godfrey Dudley, Director
Field Management Programs-East
e '
4
[6750-01)
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
29 CFR PART 1601
706 AGENCIES; ORANGE COUNTY (NC) HUMAN RELATIONS COMMISSION
PALM BEACH COUNTY (FL) OFFICE OF EQUAL OPPORTUNITY
AGENCY: Equal Employment Opportunity Commission.
ACTION: Final rule.
SUMMARY: The Equal Employment Opportunity Commission
amends its regulations designating certain
State and local fair employment practices
agencies (706 Agencies) so that they may handle
employment discrimination charges within their
jurisdictions. Publication of this amendment
effectuates the designation of the Orange County
(NC) Human Relations Commission and the Palm Beach
County (FL) Office of Equal Opportunity.
EFFECTIVE DATE: (Upon publication. )
FOR FURTHER INFORMATION CONTACT:
Boyce Nolan, Equal Employment Opportunity
Commission, Office of Program Operations, Charge
Resolution Review Program, 1801 L Street, N.W. ,
Washington, D.C. 20507, Telephone (202) 663-4856.
-2-
• 5
SUPPLEMENTARY INFORMATION:
List of Subjects in 29 CFR Part 1601:
Administrative practice and procedure, Equal
employment opportunity, Intergovernmental
relations.
Accordingly, title 29, chapter XIV, part 1601 of the Code of
Federal Regulations is amended as follows:
PART 1601 - PROCEDURAL REGULATIONS
1. The authority citation for part 1601 continues
_ to read as follows:
Authority: 42 U.S.C. 2000e to 2000e-17;42 U.S .C.
12111 to 12117 .
2 . Section 1601.74 (a) is amended by adding in
alphabetical order the following agencies:
Section 1601.74 Designated and notice agencies.
(a) * * *
Orange County (NC) Human Relations Commission
Palm Beach County (FL) Office of Equal Opportunity
Signed at Washington, D.C. this o day of 1996.
For t ommiss ' n
G bert F. Casellas
airman
PART I - THE SCHEDULE SECTION A - SOLICITATION/CONTRAC.r FORM
AWARD/CONTRACT 1. THIS CONTRACT IS A RATED ORDER , RATING '(1 6 .
UNDER DPAS 5 CF 3501
2.CONTRACT (Prot.Inst. !dent.)NO. 3,EFFECTIVE DATE 4.REQUISITION/PURCHASE REQUEST/PROJECT NO.
6/5010/0145 10 O1 95 6/5010/6002
S. ISSUED BY CODE LR 6.ADMINISTERED BY (if other than Item 5) CODE
U.S. EQUAL EMPLOYMENT OPPOR'T'UNITY EEDC - CHARLOTTE DISTRICT OFFICE
CCMKISSION 129 WEST TRADE STREET
PROCUREMENT MANAGEMENT DIVISION CHARLOTTE, NC 28211
1801 L STREET, N.W. , ROOM 2505
WASHINGTON DC 20507
7.NAME AND ADDRESS OF CONTRACTOR (No..street,city,county,State and LIP Code) 8.DELIVERY
FOB DESTINATION
ORANGE COUNTY HUMAN RELATIONS CC1MMISSION FOB ORIGIN a qr )
110 SOUTH CHURCHTON STREET 9.DISCOUNT FOR PROMPT PAYMENT
HILLSBOROUGH, NC 27278
10 SUBMIT INVOICES ITEM
(4 copies unless other
is specified)TO THE
CODE FACILITY CODE ADDRESS SHOWN IN
11.SHIP TO/MARK FOR CODE 12.PAYMENT WILL BE MADE BY CODE
SAME AS BLOCK 6 EEOC - FINANCIAL MANAGEMENT DIVISION
1801 L STREET, N.W. , ROOM 2005
_ WASHI%-rON, DC 20507
13.AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPE ri 14.ACCOUNTING AND APPROPRIATION DATA
TION: 6/5010/22/4116 $50,000.00
10 U.S.C.2304(x)( 1 ® 41 U.S.C.253(c)( ) 6/5010/19/4116 $500.00; 6/5010/08/4106 $1,200.00
15A. ITEM NO. 15B.SUPPLIES/SERVICES 15C.QUANTITY 15D. UNIT 15E. UNIT PRICE 15F.AMOUNT
PROCESSING OF FISCAL YEAR 1996 FEP
AGENCY TITLE VII AND ADA CHARGE SEE SECTION B
RESOLUTIONS AND PROCESSING CHARGES
FOR INTAKE SERVICES, AND GENERAL FIRM.FIXED PRICE TYPE CONTRACT
FEP AGENCY TRAINING.
15G.TOTAL AMOUNT OF CONTRACT 11" 51 700.00
16. TABLE OF CONTENTS
N) SEC. DESCRIPTION PAGES) MI J SEC. I DESCRIPTION __ PAGE(S)
PART 1—THE SCHEDULE PART II —CONTRACT CLAUSES
X A SOLICITATION/CONTRACT FORM 3 X I 1 I CONTRACT CLAUSES
X B SUPPLIES OR SERVICES AND PRICES/COSTS 1 PART ill—LIST OF DOCUMENTS.EXHIBITS AND OTHER ATTACH.
X C DESCRIPTION/SPECS./WORK STATEMENT x I J LIST OF ATTACHMENTS
K D PACKAGING AND MARKING 1 PART IV—REPRESENTATIONS AND INSTRUCTIONS
X E INSPECTION AND ACCEPTANCE 1 K REPRESENTATIONS.CERTIFICATIONS AND
X F DELIVERIES OR PERFORMANCE OTHER STATEMENTC OF OFFERORS
X G CONTRACT ADMINISTRATION DATA 9 L INSTRS..CONDS..AND NOTICES TO OFFERORS—±L X H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD
CONTRACTING OFFICER WILL COMPLETEITEM 17OR 18ASAPPLICA8LE
17. U CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor Is re. 18. E AWARD (Contractor is not required to sign this document.) Your.
quired to siltn this document and returrs3—_Signed copies to issuing of/ice.) offer on Solicitation Number
Contractor agrees to furnish and deliver all items or perform all the services set including the additions or changes made by you which additions or changes
forth or otherwise Identified above and on any continuation sheets for the are set forth In full above, is hereby accepted as to the items listed above and
consideration stated herein. The rights and obligations of the parties to this on any continuation sheets. This award consummates the contract which con.
contract shall be subject to and governed by the following documents: (a)this sists of the following documents: (a) the Government's solicitation and-your
award/contract. (b)the solicitation,if any,and(c)such provisions,representa- offer,and (b) this award/contract,rvu further contractual document is neces.
tions, certifications, and specifications as are attached or Incorporated by sary.
reference herein. (Attachments am Iistea herein.)
19A.NAME AND TITLE OF SIGNER(Type or print) 20A.NAME OF CONTRACTING OFFICER
Cynthia R. Bond
Contracting Officer
198.NAME OF CONTRACTOR 19C.DATE SIGNED 208.UNITED STATES OF AMERICA 20C.DATE SIGNED
BY BY
(Sienature of person authorised to sign) (Signa(ure of Contracting Officer)
NSN 7540-01-152-8069 26-107 STANDARD FORM 26(REV.4.85)
PPFVIOUS EDITION UNUSABLF Prescribed by GSA
III, GOVERNMENT PRINTING OFFICE. 1989 241 17S FAR (48 CFR)53.214(a)
7
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
-B.2 Services and Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1 thru B-2
B.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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . F-1
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 Instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 Confidentiality Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-1
H.2 Contract Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-1
H.3 Rights in Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-2
H.4 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-2
H.5 Acknowledgement 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
H.9 Charge Data System - Database . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-3
A-2
8
TABLE OF CONTENTS (cont'd)
PART 11 - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES - FIXED PRICE SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . 1-1
1.1 52.252-2 Clauses Incorporated by Reference (JUN 1988) . . . . . . . . . . . . . 1-1
1.2 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 thru 1-2
1.3 52.203-9 Requirement for Certificate of Procurement
Integrity--Modification (NOV 1990) . . . . . . . . . . . . . . . . 1-2 thru 1-4
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 Contingent Fee Representation and Agreement . . . . . . . . . . . . . . . . . . . . ... . . K-1
K.2 Requirement of Certificate of Procurement Integrity (Nov. 1990) . . . . . . K-2 thru K-4
K.3 Taxpayer Identification (Sep. 1989) . . . . . . . . . . . . . . . . . . . . . . . . . . K-5 thru K-6
K.4 Certification Regarding Debarment, Suspension, Proposed Debarment, and other
Responsibility Matters (May 1989) . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-6 to K-7
K.5 Authorized Negotiators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-8
K.6 Place of Performance (Apr 1984) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-8
K.7 Preference for Labor Surplus Area Concerns (Apr. 1984) . . . . . . . . . . . . K-8 to K-9
K.8 Previous Contracts and Compliance Reports (Apr. 1984) . . . . . . . . . . . . . . . . . K-9
K.9 Affirmative Action Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K-9
K.10 Clean Air and Water Certification (Apr. 1984) . . . . . . . . . . . . . . . . . . . . . . . . . K-9
K.11 Buy American Certificate (Dec. 1989) K-10
K.12 Notice - Federal Acquisition Regulation Solicitation Provisions . . . . . . . . . . . . . K-10
A-3
Orange County 9
Contract No. 6/5010/0145
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
BA CONTRACT DEFINITION;- FILED 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.FRICES
CLIN DESCRIPTION AMOUNT
0001 Processing and resolving, at a price of $500 $50,000.00
per charge, 100 Title VII and ADA charges.
Each charge must have been filed since October 1, 1991,
(or since October 1, 1990, 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. Each charge resolved under a Backlog
Eradication Plan, if applicable, must have been filed
before October 1, 1991.
0002 Provide Intake Services for 10 charges, with $500.00
affidavits, filed during the period October 1, 1995,
to September 30, 1996, at a price of $50 per charge.
0003 Travel and other costs related to attendance and $1,200.00
provision of EEOC sponsored training.
TOTAL CONTRACT PRICE. $5-1.,700.00
B-1
10
B.3 DATE.OF INC[JRR.ENCE-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,
1995, 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-2
11
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
SECTION C - DESCRIPTION SPEC.IWORK STATEMENT
I. Background
A. There is an acknowledged need to ensure the employment rights of individuals granted
by Federal, State and Local anti-discrimination laws, and,
The Equal Employment Opportunity Commission (EEOC) is authorized by statute to
utilize the services of State and Local Fair Employment Practices (FEP) Agencies to
assist it in meeting its statutory mandate to enforce Title VII of the Civil Rights Act of
1964, as amended, the Age Discrimination in Employment Act of 1967, as amended,
and, the Americans with Disabilities Act, and,
B. The Equal Employment Opportunity Commission, pursuant to Congressional mandate
to establish an integrated system for more expeditious resolution of employment
discrimination charges, has committed itself to continued development and
enhancement of such a system in partnership with FEP Agency, hereinafter referred to
as the Contractor.
II. Scope of Work
A. The Contractor agrees to cooperate with the Equal Employment Opportunity
Commission in the maintenance and enhancement of a national, integrated
employment discrimination law enforcement and charge resolution system by
accomplishing various objectives which include, but are not limited to, the following:
1. Implementation by the Contractor of procedures that provide for
prof essionalized 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
12
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 nine months; 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
September 11, 1995 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
13
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 EEW 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 1996 adopted by the Commission on September. 13, 1995 are
incorporated in their entirety into this contract. However, Section II.A.1. of the FY
1996 Contracting Principles'will not apply for Fiscal Year 1996.
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
14 "
3. All charges submitted for credit under this contract shall be completed by the
Contractor between October 1, 1995 and September 30, 1996, 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 EEOC Order 916, the ADA Technical
Assistance Manual for ADA charges, and the Worksharing Agreement.
d. Contract credit submissions will include final dispositions of charges (i.e.
final actions). When administrative appeal rights exist, the final
disposition of a charge occurs only after the time for appeal has expired
or the appeal has been processed to completion. In cases where the
administrative appeal has been processed, the date of the notice of the
final result of the appeal is the operative date. This applies in all cases
where an administrative appeal is provided, whether the case is
administratively resolved, dismissed, decided, or when no cause is
found. For Title VII charges only, the fifteen day period during which
Substantial Weight Review may be requested and/or the period during
which a Substantial Weight Review is conducted is not considered for
the purposes of computing the operative date of the final disposition of
a charge.
e. Contract credit submissions that are not final dispositions will include:
1) Charges to be litigated by the Contractor where EEOC receives copies
of the complaints bearing confirmation of the filing dates with the Court,
or other appropriate official confirmation of the filing dates of the
complaints: 2) Certain types of charges that must be transferred to the
EEOC that are not final actions by the Contractor, as specified in EEOC
Order 916; 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
15
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 COS, charge resolutions submitted for
credit pursuant to this contract will be designated in a monthly status
report from the Contractor to the Contract Monitor.
g. All charges will be processed by the Contractor in accordance with the
Contractor's applicable State or Local Law.
h. Contract credit will not be allowed for any charge subject to a
processing fee. If such a fee is imposed or implemented during the
period of the contract, the contract may be terminated in accordance
with Clause 52.249-4, Termination for Convenience of the Government.
4. In order to ensure consistent levels of productivity toward established results,
the contract monitor will review production on a quarterly basis. The
Contractor is expected to submit for contract credit approximately one-fourth
of the total charge resolutions required under the contract each quarter.
C-5
16
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
17
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 Program Operations, Equal Employment Opportunity
Commission. Inspection and Acceptance shall be made pursuant to the standards set forth in
EEOC's Compliance Manual and in the applicable section(s) of EEOC Order 916.
The Contract Monitor will ensure that the Contractor maintain$
performance that is consistent with the criteria and requirements
contained herein, as well as in the Substantial Weight Review
Procedures and Worksharing Agreements. EEOC Headquarters will
conduct an on-site evaluation of the investigative and administrative
charge processing procedures of the Contractor as needed.
Accordingly, the Contractor is expected to comply with reasonable
requests for providing and/or making available information concerning
various aspects of their processes and procedures as they relate to or
impact on the management and disposition of the dual-filed inventory.
Such information includes but is not limited to staffing-information, case
management printouts, charge processing documentation, and any other
material and data as may be related and/or apply to the processing of
dual-filed charges or administration of the contract.
E.2 NOTICE: The following solicitation provisions and/or contract clauses pertinent to this
section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-4 INSPECTION OF SERVICES - FIXED PRICE (APR 1984)
E-1
18
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
SECTION F - DELIVERIES OR PERFORMANCE
F.1 PERIOD OF PERFORMANC9
Performance under this contract shall begin on October 1, 1995 and be completed by
September 30, 1996.
F.2 TIME OF DEUvERY1DWvERABLES
A. Where the Contractor is on the EEOC's computerized charge data system (FEPA COS):
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 contact credit review will not be accepted for payment if it is
determined that any required data entry has not been made by the FEPA. A
determination not to award contract credit made may be reversed under the
procedures set forth in Section 11.6.5.a. of the FY 1996 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.
3. In order to meet the requirement in the FY 1996 Contracting Principles at Section
11.8.2. that the Contractor shall provide EEOC with a list of final actions within a
timeframe agreed upon by the Contract Monitor and the Contractor, but 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 through each
quarter not later than the 8th calendar day of the month following each quarter.
F-1
19
B. Where the Contractor is not on the FEPA COS:
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 Program Operations, Field
Management Programs and the State and Local Programs Division, Washington, D.C.,
written reports as may be expressly required by either of those units.
3. The Contractor shall provide EEOC with a list of charge resolutions with respect to
dual-filed charges within a timeframe agreed upon with the Contract Monitor, but no
later than thirty days after the charge resolution dates. The lists of charge resolutions
will be provided on the EEOC Form 472. After receipt of the lists, if requested by the
Contract Monitor, the Contractor will forward all charge file information, or a copy of
such information, within five workdays of the requests. The EEOC Contract Monitor
may extend or reasonably alter the five-day time frame as deemed necessary and
appropriate. (For non-certified Contractors, file information must be submitted within
five days of submission of the Form 472/resolution listing unless the timeframe is
extended or otherwise modified by the Contractor Monitor.) Failure to timely submit
reports and charge file information will result in the denial of contract credit for the.
affected resolutions.
4. The Contractor must make timely and accurate submission to EEOC of EEOC Form
322, FEP Agency - Performance Report, and EEOC Form 472 FEP Agency Charge List.
All reports covering the first three quarters of the FY 1996 contract must be received
by EEOC prior to September 30, 1996.
F-2
20
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 Program Operations, Field
Management Programs and the State and Local Programs Division, Washington, D.C.,
written reports as may be expressly required by either of those units.
3. The Contractor shall provide EEOC with a list of charge resolutions with respect to
dual-filed charges within a timeframe agreed upon with the Contract Monitor, but no
later than thirty days after the charge resolution dates. The lists of charge resolutions
will be provided on the EEOC Form 472. After receipt of the lists, if requested by the
Contract Monitor, the Contractor will forward all charge file information, or a copy of
such information, within five workdays of the requests. The EEOC Contract Monitor
may extend or reasonably alter the five-day time frame as deemed necessary and
appropriate. (For non-certified Contractors, file information must be submitted within
five days of submission of the Form 472/resolution listing unless the timeframe is
extended or otherwise modified by the Contractor Monitor.) Failure to timely submit
reports and charge file information will result in the denial of contract credit for the
affected resolutions.
4. The Contractor must make timely and accurate submission to EEOC of EEOC Form
322, FEP Agency - Performance Report, and EEOC Form 472 FEP Agency Charge List.
All reports covering the first three quarters of the FY 1996 contract must be received
by EEOC prior to September 30, 1996.
F-2
21
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
SECTION G - CONTRACT ADMINISTRATION DATA
Contracting Officer Cynthia R. Bond
Contract Specialist Lachon Raiford
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) Marsha J. Drane, Director
Charlotte District Office
Telephone: (704) 567-7100
Paying Office See Block 12 of Page 1 , SF-26
Project Officer Elizabeth M. Thornton, Director
Office of Program Operations
1801 L Street, N.W., Rm 8002A
Washington, D.C. 20507
Telephone: (202) 663-4801
G.1 CONTRACTING OFFICER
Notwithstanding any of the provisions of this contract, the Contracting Officer shall be the
only individual authorized to amend or modify any of the terms of the contract or redirect the
efforts of the Contractor.
G.2 CONTRACT MONITOR (CM)
The Equal Employment Opportunity Commission's District Director listed above is the
Contract Monitor (CM) in connection with the performance of this contract. The CM shall
monitor the contract for the Director, Office of Program Operations 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-1
22
G.3 DISTRICT OFFICE STATE AND LOCAL COORDINATOR
The EEOC District Office State and Local Coordinator 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 EEOC District Office.
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 45 days after completion of the training.
1. In those cases where the Contractor has not invoiced for training completed
within the 45 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 payment is reauested were processed in
compliance with the aoolicable section(s) of EEOC Order 916. 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
23
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.
Step 3 - The CM will detach one yellow copy of the Standard Form 1034, then mail the
original and remaining copies of the Standard Form 1034 to:
Equal Employment Opportunity Commission
Office of Program Operations
Charge Resolution Review Program
State and Local Programs Division
1801 L Street, N.W., 8th Floor
Washington, D.C. 20507
Step 4 The Office of Program Operations, 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
24
PAYMENT SCHEDULE FOR VOUCHERING
UNDER FY 1996 CONTRACTS
Percentage of Total Type of Voucher
Voucherina Date Contract Allocation Payments
10/02/95 50% Advance
01/08196 — Based on Actual
Production
04/08/96 -- Based on Actual
Production
07/08/96 -- Based on Actual
Production
10/08196 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 to the Contracting Officer, the contractor is
requested to provide the information required by clause 52.232-28, paragraph (b), identified
in paragraph 1.2 of this contract to the EEOC Financial Management Division identified in
block 12 of SF 26.
G-4
25
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 lawsuit has been instituted,
2. Information obtained by the EEOC pursuant to its investigation authority (Section
709(a)), unless a 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 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 a
706 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 up to 25% for
each modification, based on the actual or projected production of charge resolutions
and intake services.
H-1
26
H.3 RIGHTS 111t_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 ACKNOWLEDGeMENT 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 DIRECTAND INDIRgCT Ct3S'Ti
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 Program
Operations, of any adverse local, state, or federal court decision issued against the
Contractor relevant to the Employment Opportunity clauses, Section 1, of this contract. Such
notice shall be provided within 10 days of the courts decision.
H.8 110411 A ff l
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 1. The records compiled, created and
maintained pursuant to this contract are included in EEOC's Privacy Act System EEOC-3,
H-2
27
"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.9 CHARGE;DATA SYSTEIN! 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 within 45 days of the EEOC's request.
H-3
28
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 (JUN 1988)
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.
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 OCT 1995
the Government
52.203-7 Anti-Kickback Procedures JUL 1995
52.203-10 Price or Fee Adjustment for Illegal SEP 1990
or Improper Activity
52.203-12 Limitation on Payments to Influence JAN 1990
Certain Federal Transactions
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 OCT 1995
52.215-33 Order of Precedence JAN 1986
52.219-8 Utilization of Small, Small Disadvantaged OCT 1995
and Small Disadvantaged and Women-owned Small
Business Concerns
52.222-1 Notice to the Government of Labor,Disputes APR 1984
52.222-3 Convict Labor APR 1984
52.222-4 Contract Work Hours and Safety JUL 1995
Standards Act--Overtime Compensation
52.222-26 Equal Opportunity APR 1984
52.222-35 Affirmative Action for Special APR 1984
Disabled and Vietnam Era Veterans
52.222-36 Affirmative Action for Handicapped APR 1984
Workers
1-1
29
52.222-37 Employment Reports on Special Disabled JAN 1988
Veterans and Veterans of the Vietnam Era
52.223-2 Clean Air and Water APR 1984
52.223-6 Drug-Free Workplace JUL 1990
52.224-1 Privacy Act Notification APR 1984
52.224-2 Privacy Act APR 1984
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 JAN 1991
52.232-18 Availability of Funds APR 1984
52.232-23 Assignment of Claims JAN 1986
52.232-25 Prompt Payment MAR 1994
52.232-28 Electronic Funds Transfer Payment Methods APR 1989
52.233-1 Disputes OCT 1995
52.233-3 Protest After Award OCT 1995
52.242-2 Production Progress Reports APR 1991
52.243-1 Changes--Fixed Price--Alternative III AUG 1987
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
1-3 52.203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY--
MODIFICATION (SEP 1995)
(Applicable if modification exceeds $100,000.00)
(a) Definitions. The definitions set forth in FAR 3.104-4 are hereby incorporated in this
clause.
(b) The Contractor agrees that it will execute the certification set forth in paragraph(c) of this
clause when requested by the Contracting Officer in connection with the execution of any
modification of this contract.
(c) Certification. As required in paragraph (b) of this clause, the officer or employee responsible
for the modification proposal shall execute the following certification. The certification in
paragraph (a) (2) of this clause is not required for a modification which procures commerical
items.
1-2
30
CERTIFICATE OF PROCUREMENT
INTEGRITY--MODIFICATION (NOV 1990)
am the officer or employee responsible
[Name of certifier]
the preparation of this modification proposal and hereby certify that, to the best of my
knowledge and belief, with the exception of any information described in this certification, I
have no information concerning a violation or possible violation of subsection 27(a), (b), (d),
or (f) of the Office of Federal Procurement Policy Act, as amended' (41 U.S.C. 423),
(hereinafter referred to as "the Act"), as implemented in the FAR, occurring during the
conduct of this procurement
(contract and modification number)
(2) As required by subsection 27(e)(1)(8) of the Act, I further certify that to the
best of my knowledge and belief, each officer, employee, agent, representative, and
consultant of
(Name of Offeror)
who has participated personally and substantially in the preparation or submission of this
proposal has certified that he or she is familiar with, and will comply with, the requirements
of subsection 27(a) of the Act, as implemented in the FAR, and will report immediately to me
any information concerning a violation or possible violation of subsections 27(a), (b), (d), or
(f) of the Act, as implemented in the FAR, pertaining to this procurement.
(3) Violations or possible violations: (Continue on plain bond paper if necessary
and label Certificate of Procurement Integrity--Modification (Continuation Sheet), ENTER
"NONE" IF NONE EXISTS)
Date
(Signature of the officer (Typed name of the officer
or employee responsible for or employee responsible for
the offer and date] the offer]
"Subsections 27(a), (b), and (d) are effective on December 1, 1990. Subsection 27(f) is
effective on June 1, 1991.
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY
OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT
CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18,
UNITED STATES CODE, SECTION 1001.
(End of certification)
1-3
31
(d) In making the certification in paragraph (2) of the certificate, the officer or employee
of the competing Contractor responsible for the offec or bid, may rely upon a one-time
certification from each individual required to submit a certification to the competing
Contractor, supplemented by periodic training. These certifications shall be obtained at the
earliest possible date after an individual required to certify begins employment or association
with the Contractor. If a Contractor decides to rely on a certification executed prior to the
suspension of section 27 (i.e., prior to December 1, 1989), the Contractor shall ensure that
an individual who has so certified is notified that section 27 has been reinstated. These
certifications shall be maintained by the Contractor for a period of 6 years from the date a
certifying employee's employment with the company ends or, for an agency, representative,
or consultant, 6 years from the date such individual ceases to act on behalf of the
Contractor.
(e) The certification required by paragraph (c) of this clause is a material representation of
fact upon which reliance will be placed in executing this modification.
1-4
32
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS
Attachment A - Worksharing Agreement for FY 1996
Attachment B SF LLL, Disclosure of Lobbying Activities, 3 Pages.
Attachment C - Federal Register Notice, Dated March 19, 1994
J-1
33
WORKSHARING AGREEMENT
BETWEEN
ORANGE COUNTY
and the
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
FOR FISCAL YEAR 1996
SUBJECT TO DESIGNATION AS A FEPA AGENCY
AND AVAILABILITY OF FUNDS
I . INTRODUCTION
A. Orange County, through the Orange County Kuman Relations
Commission, hereinafter referred to as the FEPA, has
jurisdiction over allegations of employment discrimination
filed against employers of fifteen or more employees occurring
within Orange County North Carolina based on race, color, sex,
religion, national origin, age and disability) pursuant to the
Orange County Civil Rights Ordinance.
The Equal Employment Opportunity Commission, hereinafter
referred to as EEOC, has jurisdiction over allegations of
employment discrimination occurring throughout the United
States where such charges are based on race, color, religion,
sex, or national origin, all pursuant to Title VII of the
Civil Rights Act of 1964, as amended (42 U.S.C. §2000 (e) )
(hereinafter referred to as Title VII) . EEOC has jurisdiction
to investigate and determine charges of discrimination based
on age (40 or older) under the Age Discrimination in
Employment Act (ADEA) of 1967, as amended (29 U.S.C. §621
et . seq. ) , for unequal wages based on sex under the Equal Pay
Act of 1963 (29 U.S.C. §206) , and over allegations of
employment discrimination based on disability pursuant to
Title I of the Americans with Disabilities Act of 1991., (42
U.S.C. §12101) .
B. In recognition of, and to the extent of the common
jurisdiction and goals of the two (2) Agencies, and in
consideration of the mutual promises and covenants
contained herein, the FEPA and the EEOC hereby agree to
the terms of this Worksharing Agreement, which is
designed to provide ' individuals with an efficient
procedure for obtaining redress for their grievances
under appropriate county or Federal laws.
34
II . FILING OF CHARGES OF DISCRIMINATION
A. In order to facilitate the filing of charges of
employment discrimination, the EEOC and the FEPA each
designate the other as its agent for the purpose of
receiving and drafting charges . 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 only by mutual agreement .
B . The FEPA shall take all charges alleging a violation of
Title VII , ADEA, EPA, or the ADA where the parties have
mutual jurisdiction and, as appropriate, refer them to
the EEOC for dual filing, so long as the allegations meet
the minimum requirements of those Acts .
C. Each Agency will inform individuals of their rights to
file charges with tLe other Agency and or assist any
person alleging employment discrimination to draft a
charge in a manner which will satisfy the requirements of
both agencies to the extent of their common jurisdiction.
Normally, once an agency begins an investigation, it
resolves the charge. Charges may be transferred between
EEOC and OCHRC within the framework of a mutually
agreeable system. Each agency will advise Charging
Parties that charges will be resolved by the agency
taking the charge except when the agency taking the
charge lacks jurisdiction or when the charge is to be
transferred in accordance with Section III . DIVISION OF
INITIAL CHARGE-PROCESSING RESPONSIBILITIES.
D. For charges that are to be dual-filed, each Agency will
use EEOC Charge Form 5 (or alternatively, an employment
discrimination charge form which within statutory
limitations, is acceptable in form and content to EEOC
and the FEPA) to draft charges. When a charge is taken
based on disability, the nature of the disability shall
not be disclosed on the face of the charge.
E. Within ten calendar days, each Agency agrees that it will
notify both the Charging Party and Respondent of the
dual-filed nature of each such charge it receives for
initial processing and explain the rights and
responsibilities of the parties under the applicable
Federal, State, or Local statutes.
35
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 dual-filed 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 61st day.
In addition, the EEOC will initially process the
following charges :
-- All Title VII charges received by the FEPA 180
days or more after the date of violation;
-- Concurrent Title VII/EPA charges;
-- All charges against the FEPA or its parent
organization where such parent organization
exercises direct or indirect control over the
charge decision making process;
-- All charges filed by EEOC Commissioners;
-- Charges also covered by the Immigration Reform
and Control Act;
-- Complaints referred to EEOC by the Department of
Justice, Office of Federal Contract Compliance, 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;
36
-- 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
-- All disability-based charges against Respondents
over which EEOC does not have jurisdiction.
B. Notwithstanding any other provision of the Agreement, the
FEPA or the EEOC may request to be granted the right to
initially process any charge. Such variations shall not
be inconsistent with the objectives of this Worksharing
Agreement or the Contracting Principles .
C. Each Agency will on a quarterly basis notify the other of
all cases in litigation and will notify each other when
a new suit is filed. As charges are received by one
Agency against a Respondent on the other Agency' s
litigation list, a copy of the new charge will be sent to
the other Agency' s litigation unit within five working
days .
37
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 ^EPA agrees to observe the confidentiality
provisions of Title VII, ADEA, EPA, and ADA.
B . In order to expedite the resolution of charges or
facilitate the working of this Agreement, either Agency
may request or permit personnel of the other Agency to
accompany or to observe its personnel when processing a
charge.
V. RESOLUTION OF CHARGES
A. Both agencies will adhere to the procedures set out in
EEOC' s Order 916, Substantial Weight Review Manual, and
the State and Local Handbook.
B . For the purpose of according substantial weight to the
FEPA final finding and order, the FEPA must submit to the
EEOC copies of all documents pertinent to conducting a
substantial weight review; the evaluation will be
designed to determine whether the following items have
been addressed in a manner sufficient to satisfy EEOC
requirements; including, but not limited to:
1. jurisdictional requirements,
2. investigation and resolution of all relevant issues
alleging personal harm with appropriate
documentation and using proper theory,
3 . relief, if appropriate,
4 . mechanisms for monitoring and enforcing compliance
with all terms of conciliation agreements, orders
after public hearing or consent orders to which the
FEPA is a party.
C. In order to be eligible for contract credit and/or
payment, submissions must meet all the substantive and
administrative requirements as stipulated in the
Contracting Principles .
38
D. For the 'purposes of determining eligibility for contract
payment, a final action is defined as the point after
which the charging party has no administrative recourse,
appeal, or other avenue of redress available under
applicable State and Local statutes .
VI . IMPLEMENTATION OF THE WORKSHARING AGREEMENT
A. Each agency will designate a person as liaison official
for the other agency to contact concerning the day-to-day
implementation for the Agreement . The liaison for the
FEPA will be Lucy, Lewis, Director. The liaison official
for the EEOC will be Patricia B. Monroe, State and Local
Coordinator.
B. The agencies will monitor the allocation of charge-
processing responsibilities as set forth in the
Agreement . Where it appears that the overall projection
appears inappropriate, the appropriate portions of this
Agreement will be modified to ensure full utilization of
the investigation and resolution capacities of the FEPA
and rapid redress for allegations of unlawful employment
discrimination.
C. EEOC will provide original 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 Program Operations for resolution.
E. This Agreement shall operate from the first (1st) day of
October 1995 to the thirtieth (30th) day of September in
the year the contract ends and may be renewed or modified
by mutual consent of the parties.
I have read the foregoing Work acing Agree a I accept and
agree to the provisions conta" a I there '
Date
ha . Drane, Distric Director
al Employment Opportunity Commission
arlotte District fice
Date oZ
Moses Carey, Chairperson
Orange County Board of issioners
• DISCLOSURE Of LOBBYING ACTIVRIES 39
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40
INSTRUCTIONS FOR CuMPLMON of SFAL4 Otsczosutfli of l oa.sYL4c we:rvm Es
lens rl+afl br com feted the erct! .ledw
TNT d:adoeve o ST R'p4rt+r't h. or teu++e frdvsl �e�co;e+t list t>v
4vd4t;on or reoc;pt d a cs>rered federal jc%*.% or a reuterial etinte to a prTwo%n MAr, pt&%Wm to otse )t USG
teCon USL Tiv"of a farm It regWiMll for eadt psYrne:nt or_t 1 to make prY-41" to "%obb�:nt enter toe
rat or atS"CAr to inAwencs >w eMcn er
at mplaYee of any +9t7Yr. a "ember of C.o,'%FV= aA omca de
e ;kFtvl d C•ongreas. et aA employee of A MembW d CWTre•tt in cone4Cion aide a esrveed Federal Um "
SFi 1-A Cattirs"con Shev tot sddidaeW Wormadon Y LNA tpaes an tt+t form Is inad-equate. Canosaca &a ftermi :lt
y9;'f for bode the WZW Mtj "rruterW ducts reppoct tefer to We irnpla Nentng gldarx d try t4 C•!ice or
s.t,arutarau AM twdgct fa adS,tlorW :••farrraliof%
t tdenety Ow "o of co erect Federal wdan kr a dt 6b" sc:0.47 it and/or W been mcwvd to i'+aueme.-e dw
ouu n e at a c7m Fedearsl safavu
2 tdertifr tf+e ttas>t of tfct C>Dretred Fedtraf erdocr`
1 1demor dte approgr{ate tdassRaQan of We FOP&L If title h a 1680wup ^r 7i =%nC4 b►s rruLe-:af dtarctt to o't
inlormatioA prev;oeny reported enter the year and ttuv*fr k -O;idt:1e d•.wgt ocz,rre-&meter i!v date of the last
pre.:ovs)y abntitttd report by We mpoNr+t srttlty for this aov— led"arsoe..
L Enter ti+t Md rAevio. address, dly. malts u+d tfo abdt of 014 mpadr, entity. tndudt C.oAmv;&'W O;to+cL ;I
kmewou 0ect the appropriate dusification of t.`w revoor�mg entity out desit+uts it k (s at espra to be, a pnn+e
or sudr.ud redp4m.IdeAtill this tier of ttto abr.ardea. &4. Cho arise r.brwardee of tt4 prime is the tat tier.
Subowwds indudt but are not Grmited to a+beanteatss.trubtvnu and cwwsc ewards vender Rama
S If dse ortrAaaden CA`d+e report to lean i dwmis 0Uba~nrdee•.dais"ewer t!v hA naffs.addm=,dty.tuts and
uip code of this p i mt federal mdpiw%Include Conrvszional 0(ra( s.r ktwwff.
L Enter the rtLM4 et the Federal agency AuklAt the sward.Of taan cw%rf cymere. Indude st Stan ors ortaniudonal
tend below agency runt.S kr4vw6 For example.Oeparattenat of Tranapoeuslof6 l istened Suter CAW C"RL
7. Enter d+e Ferderal p>vgrarm turns or dereiptfon for tile covered Federil aefen Ots*n 1). If krwa•ea. enter 7.Se tWt
Caulot at Federal Domes-tic Aasisw4a tCFM.Q number for gyVVJ. totopetrsas>}re gmeraents; tastes:. and 104A
L Enter the man apptopriats Fed" fdemtihing ni mbar r^A&Wo for Ow Federst sedfon Wentiftsd in ;tern 1 (e.g.
Request (Of ►repots! (JIM ntamber. tA.iutian lot SW tiF11 ntsmbetr. glint WWAUneernent ncemben. th't contract
rant. or lean sward rwrmbtr: tits tppliutiortrprvpoW coArtd member assigned by the Federal attney). tr+dude
' presLes,s.g.'RJT•OE 1Q401.•. .. .
!. Ftni a'covered_Federal se 4n ed+ere Mere kas be",Aft sward or lean atrnrmitrmeintt br.tSo Federaf agency. enter Ns
federal snwKm of 04 swatdAosA cwwWument.far"prima adty Pdsndliod is item a or i
10. WtAte+ she AA assets. address cIrr. taste Wd mt& of *-4 te snout ingagttd jr d+c reporting entity
Wentiifsd in kam i to etlhnms tt+e=weretl Federal aesas%
t )Es+te tau Aa4 tonics ei#4 iratAaulW gallon-Abe iaNk" artd kdAWs Ad adelres; if 4ttefent.1MM ss1 W.,
I EAtor tia Nun&incest N mo.ataW hl;"o blues!OritS: '
It Frta dN">tn+oaoic of aww"nau;<an MW of fuimiftb#y a9sasi to be►aisle!by ow repoife+t auft*team 61 to #4
,aA bw ell IM #f. 06 flWariat ttAe mutt#4 e�Lst%V Sv*k t Of tfb 0%&4►ed' OW-k
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!N MM ft aNt V3614 4M tilt i+•bi+t P I � r �.•;;
x•;,, . � Oeedts�ap�nl>W 1�eied. Otldt�tiii�tlAftil/�t�:elf tl�it�ijiiid�sues.' :�' ;S,• 'L,
ii,,ham>t sltdie Aid d*1Aitf 4trrlfpdon•of 7t t tef+its,tttt!1a t l�iiPadorinitt,'or. fe �a '
oat en ZtdB of afrl►tir+ieeff.-Went itdait of}ra� ant raLttll tam �taet � �
-mat ee+.ttta esM iRetitrei es{'idtit. Wt+fAF the fiterd e�Qailsl ai sw4yefttw aria" wr *W
_ elgierlsS.ettlsetefrtbae�d pl C�+�raes t#+t taratft eerataa�t. �. : -•. .• . . - _ -
ti•CW&lines W rest a Sf-M%%C A%mxdaw tree"b
t< rm iitl!eft s"Aa*R ant Zee the iarm print Mu%v soft,0%ant hMpw"atrebetf.
MAC SWIM*j baeim tar t#4 adiarsw 1 lydWWWA n it M*ft d It e..yt.0 asalreana VW r.f..s.b%*A%+we fs►w.M Oft
bm""M ►uAPOct a",iota MIU.P"6 ani arkU"%to Hn eeI"and ar"iesti++r•d Movie ft a iaeba%at
b.widtt 6vddo..u tftr o if6ee r .td$w1g4K fib&@&C"F��W4&4s* L w.�.�s of
DISCLOSUR.E OF LOBBYING ACTIVITIES
CONTINUATION SHEET
bwjrr.
ode
c
i�•r�i"•„is:. y �+11Ir .. .. .� 'ji{'�t w., •�,i;:�"?r••�'"�'� � "' •KW ri.FO` y��jl .�?i�::iir... +��Y�'
42
Federal Register / Vol: 59. No. 46 1 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 removed. Tony E Gallegos,
formats:Large print,braille.electronic The Commission received comments CAai(IIfon.
file an computer disk.and audio-tape. from the Internal Revenue Service EEOC
Copies be obtained from the indicating that the disclosures pe^litted Systems of Retards
Publications Center by calling 1-800- under them are overly broad.After EEOC-1 Age and Equal Pay Act
699-3362. reviewing the routine uses.EEOC has Discrimination Case Files.
FOR FURTHER INFORMATION CCNTACT: determined that routine uses-k"and EEOC-2 Attorney Referral List
Nicyoias M. Inzec,Associate Legal "I"are not necessary.In addition.EEOC EEOC-3 Title V11 and Americas with
Counsel.Thomas J.Schlageter.Assistant to add two new routine uses Disabilities Act Discrimination Case Fi;es.
Legal Counsel or Kathleen Ora=.Senior proposes EEOC-4 Correspondence Files.
e8 to this system to permit disclosure of EEOC-5 Correspondence and
Attorney(202)663-4669(voice)or(202) claims collection records to the Defense Congressional Inquiries.
663-7026=DL Manpower Data Center.Department of EEOC-6 Employee Assistance P-og.-L-r
SUPPLEMENTARY INFORMATION:The Equal Defense,and the United States Postal Records
Employment Opportunity Commission Service to conduct computer matching EEOC-7 Employee Pay and Leave
last published its systems notices is programs to locate federal employees Re�ra to ee Travel and
1991.To be in conformance with case who owe debts to the U.S.Government p y
law,the Commission is proposing to under EEOC programs. Reimbursement 9 Claims Records
amend one of the routine uses found is p o�� EEOC.-9 Claims Collection Records.
ten of its notices regarding disclosing EEOC-10 Grievance Records. EEOC-10 Crlevaap Records.
Routine"d"is amended as described EEOC-11 Records of Adverse Actions
information to comply with a subpoena. above. Against Nonpreforeace Eligibles in the
As presently written,this routine use Excepted Service.
allows the system manager to provide EEOC-11 Records of Adverse EEOC-12 Telephone tall Detail Records.
information when served with a Actions Against Nonpreference Eligibles EEOC-13 Employee Identification Cods.
subpoena,even if the Government is not in the Expected Service.Routine use"r' EEOC-14 Employee Pa:lting Records.
a party to the litigation or to the is amended as described above. EEOC/GOVT-1 Equal Employment
administrative proceeding.In light of EEOC-12 Telephone Call Detail Opportunity in the Federal Government
Doe v.Stephens,851 F.2d 1457(D.C. p Complaint and Appeal Records.
Cir.1988)and Doe v.DiGenova,779 Records.Routine use"c"is amended as EEOC-1
F.2d 74(D.C.Cir. 1985),the described above.
Cosn:rission has decided that the EEOC-13 Employee Identification sYSTEM NAME:
issuance of a subpoena by itself no Cards.Routine use"c"is amended as Age and Equal Pay Act Discrimination
longer qualifies as a valid routine use describe above. Case Film
under subsection(b)of the Privacy Act. EEOCIGOVr--1 Equal Employment sys,EM LOCATMN:
Therefore.make disclosures is response no to Opportunity in the Federal Complaint Field OMce where the charge or
a sub make
unless the s in r seat is a an Appeal Records.Routine use'b' is- complaint of discrimination was filed
Pa amended as described above.In (see appendix A).
party to the judicial or administrative addition,the Commission proposes to Pp
proceeding.In those situations where add a routine use permitting disclosure CATEGORIES OF MDIVIDUALS COVERED aV THE
the Government is not a party to the of EEO complaint and appeal records in sYSTEart
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 a plicants who file charges or
subpoena.In those cases,the disclosure requested information is relevant to the complaints with EEOC alleging that an
will be made in accordance with subject matter involved in a pending employer.employment agency or labor
subsection(b)(11)of the Privacy Act. judicial or administrative proceeding, organization has violated the Age
Other changes in this notice are 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 routine uses to facilitate resolution of discrimination CATROORrts of RttoRDS IN THE SYETEM:
one system of records and the addition complaints in the Federal Government.
of a routine use to another system of This system contains the records
records. The proposed routine uses noted compiled during the investigation of gee
A brief desciption of the major above meet the compatibility criteria and equal pay discrimination cases.
changes follows: since the information involved is These records include:
EEOC-1 Age and Equal Pay Act collected for the purpose of the a.Documents submitted by charging
Discrimination Case Files.Routine use applicable routine uses.We anticipate party or complainant such as charge of
"f'is amended as described above. that any disclosure pursuant to these discrimination.personal interview
EEOC-3 Title VU and Americans routine uses will net result in any statement,and correspondence.
With Disabilities Act Discrimination unwarranted adverse effects on personal b.Documents submitted by ernplo}er
Cast Files.Routine use-r is amended privacy. such as statement of position.
as described above. I In addition to the changes noted correspondence,statements of
EEOC-5 Correspondence and above,the Commission has amended witnesses,documentary evidence such
Congressional Inquiries.Routine use Several system notices to reflect current as personnel files,records of earnings,
"b"is amended as described above. office names and has amended employee benefit plans,seniority list.
EEOC-7 Employee Pay and Leave a endix A to reflect current addresses job titles and descriptions,applicant
Records.Routine use-j"is amended as of Commission effect . data,organizational charts,collective
described above. bargaining agreements,petition to
EEOC-8 Employee Travel and A complete list of all EEOC systems revoke or modify subpoena.
Reimbursement Records.Routine use of records is published below.The c.Records gathered and generated by
"f'is amended as desc.-ibed above. complete text of the notices follows. EEOC in the course of its investigation
43
11058 Federal Register / Val. 59. No. 46 / lVednesday. March 9. 1994 / Notices
such as levers of referral W s:ata fair POLICIES AND PRACTICES FOR STORl1G. SYSTEM 9XVi6PTE2 FAI M CERTAIN PROVtsIOkS
employment practices agencies. RETIMVNC.ACCESSING.sl ADONG AND OF Tot Ac:
eNSPOS1NC CF RECOR'-S IN rot STSJEAt
cotzespor.dence with state fair This system is exempt under 5 li.S.0
employment practices agencies.witness STORAGE. 552a(k)f2)from subsections(c)(3).(d).
statements.instigator's noes. (e)(1).(e)(4)(G).(e)(4)(M.(e)(4)(I)and(f)
investigative plan.report of initial and These records are maintained in file of the Act.
exit interview.investigator's analyses of folders and in camp;;processable
evidence and charge.subpoenas. storage media. E£OC-2
dedsions and lette.-s of determination. RETRIEVASa1rr SYSTEM;NAME:
conriliatiun agrzemmts. Atu=ey Referral List.
correspondence and aav additional These tecvrds are doss-indexed by
evidence gathered dung the course of than 6•ni per'narre.emp(oyer name sYSYSTEM tocATlox
during
the investigation. and c arge nu--zber.The te-ca, s may be All Dis•rct 09ices(see appendix A).
retrieved by any Of 6e ab7ve three CATEGORIES Of W0MOUALS COVERED tY T1tf
AUTHORITY FOR MAINTENANCE OF THE SYSTEM. indexes. SYSTEW
5 U.S.C.301;29 U.S.C.209.211.216. aAffn3ARDS Attorneys who represent plaintiffs in
217.535.44 US.G3101. � employment discri-ifla =litigation.
Pape:records are tairtained in a
ROUTINE USES OF RECORDS MAINTAINED W THE secured area to which only authorized CATEGORIES OF RECORDS IN THE SYS TESA:
SYSTEM.INCLUONG CATEGORIES OF USERS AND personnel hale access.Access to and This system contains attorneys'
THE PURPOSES OF SUCH USES: use of these records is limited to those names.business addresses and
These records and info=ation in persons whose official duties require 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 authnrized personnel are act on experience.state and federal bar
a federal.state.or local agency or third duty°Access to computerized records is admission.whether the attorneys have
party as may be appropriate or - limited.through use of access codes and the capacity and desire to handle class
necessary to perform the Commission's entry logs.to those;.hose official duties actions;whether the attorneys charge
funrioas under the Age Discrimination require access. consultation fees(and how much).
in Employment Act or Equal Pay Act. RETENTION AMC DISPOSAL consultation fee;the types of the
b.To disclose information rantain d Cases that are dismissed or closed for arrangements the attorneys will accept.
in agencies to state and
eying state or Local fair other�no cause are destroyed six _ red whether�e fltom ys speak a
employment practices laws. months following the date of dismissal 8n language y
c.To disclose noses lafidential and or closure.No cause files that are of AUrMOmr FOR MAWENANCE Of THE SYSTEM:
non-privileged iaiot-confi from closed value in the development of future class 42 U.S.C.20009-4(gl:44 U.S.C.3101.
action or pattern and practice cases are
ADEA/EPA case files(a file is closed retired to the Federl Records Center ROUTAAE USES OF RECORDS RAWTAWED IN THE
when the Commission has;;minted one year after the date cif the last action SYSTEM.INCLUOWG cATEGORIES OF USERS AMC
its investigation and has decided not to and destroyed after three additional THE PURPOSES OF Such USES:
sue)to the employer where a lawsuit yam,All other no cause Was are These records and Wormatiaa in
has been filed against the employer destroyed one year altar the data of the these records may be used
involving that information.to other last action.Negotiated settlement files a-To refer chstgiag patties to
employees of the same employer who are destroyed one year after the calendar attorneys who bandla litigation of
have been notified by the Commission year in which the settlement agreement employment di*,—P4-fnaLiOn lawsuits.
of their tight tinder 29 U.S.C.216 to file is signed or after all Obligations under b.To provide information to a
a lawsuit on their own behalf.and their the agreement are satisfied.whicheverducal in from the as qa of
representaaives. occurs later.Where monetary banauts
d.To provide inform re information to a a realized in coacuaew Age.Equal from the congressional office made at
the request of the individual.
congressional oESce from the record of Pay.sad Title VII cases.the individual.
an individual in response to as inquiry destroyed three years after the date of Pouaes AND PRACncES Pon STORNIG,
from the coagro clonal office made at the last action.Other files we retired to RCMIEVN/G.ACCESSING.RETAVOIG.AND
the request of a pasty to the ehsrge. the Federal Records Canter one you 0110Nose;G OF WORDS of THEsysrm
e.To disclose pertinent information to after the date of the last acdm STORAGE:
the appropriate federal.state or local including action in the federal courts or Stored on prepared forms and index
agency mspaasible for investigating. the last compliance review(the final cards.
prosecuting.enforcing or implementing report submitted by the respondent after
a statute.rule.regulation or order. conciliation to indicate compliance)and RETRMASLM-
where the EEOC becomes aware of an destroyed after three additional years. Indexed alphabetically by names of
indication of a violation or otentiai except landmark cases.Landmark cases the attorneys.
violation of civil or taiminal law or are tnnsfarrd to the nearest Federal RAFROUARM
regulation. Records Canter two yeas after finales to this system of records is
f.To disclose information to another court action and offered to the National restricted to EE-OC personnel who hzve
federal agency.to a court,or to a party Archives ten years after final court a legitimate use for the information.
in litigation before a court or is an action. This system is stored in filing cabinets.
administrative proceeding being SYSTEM MAMAGER(S)AND ADDRESS: RE7ENt10N AND DISPOSAL:by a federal agency when the
goverruneat is a party to the judicial or Director of the field office where the Files are reviewed and updated
adminis:.-ative proceeding. charge was filed Isee appendix A). annually.
44
Fedor! Rrgletn J VOL 59. NoL 46 / WedaMda7. MarCh S. 1994 ! NOdCes 11059
Mead MAJ"G AND A0011aar emplaymert pracdca agencies, viobaim of Coil or e-+'**+*al law or
Regional Anorney at each District correspondence with state fair rag AWaa.
Office(see appeadii A� employment prac:;ee agem:im witness i To disclose infora abw to axot!c
MOTtf1CAT10""MM ME: statements.investis3tor's notes. federad agency.to a court.Or to a parry
Inquiries cancerning this system of investigative per'investigater+s in litigation before a court or in 3
records should be addressed:o the analyses of the evidence and charg, administrative proceeding being
report of initial and exit interviews, conducted by a federal agency when the
appropriate system manages leis copy of deferral to state.subpoenas. Smersmeat is a party to the judicial or
accessary to furnish the lollowiag decisions and letters of determination. administrative proceeding.
information:(1)Full mane of the analysis of deferral agency actiom
individual whose records are requested; conciliation agreements. POLMS AND PRACTR S PCI ST Mel.
(2)mauing address so which reply de ence and any additional, RErPtffVV44&ACC9SS*#a,RETAN04 APO
should be sent. evidence gathered dlaing tine course of VMm0S9+r+00 RLEc*ROa at TwE aezitat
RECORD ACCESS"OCE"U: the investigation. SrORAGC
Same as above. AUTHO err FOR NAWrEraarM OF r0M VMTM These records are maintained in file
folders and in computer pcocessable
cowErnfoa Raccoo PROC4MURM S U.S.C.301:42 U.S.C.20009-3.-A storage media.
Same as above. and-9;42 USG 12117.44 USC 3141.
RE'rR1EYA4a1r'r:
RECORD SOURCE Cutoowas ROUrM trees Of RECOROe MAXNAWE*0 W These records are Bess-indeed
m SOMMOM The individual on whom the recm is M roses of l CATEWMES OF USERS AND charging party name,employer nae
maintained. These records end taformstion is and charge number.The records may be
EEOC-3 these records may be used:
retrieved by any of the above three
a.To disclose pertinent informatics to
S'R �" a federal.State.or local agency or third sAnGuAnte
Title VD and Americans With party as may be appropriate yr Paper r a-i-ds arc maintained in a
Disabilities An.Discrimination Case aeoessary to perform the c4aw 6ssion'S secured area to which only authorized
Files. flsactions under Title VII of the Civil peamffie have soars&Acriss tO and
arstaa Lourow Rights Act of 1964 and the Americans use of these retards is limited to those
With Disabilities Act of 1990. ' • persons whose official duties require
Field
dsacriminatian was filed(sees d b.To discim int==:don cantafaed such access.The premises are locked
A). appendix In rheas:eco:da to stare and local, when eutimmized personnel are not on
trgeades schainiasetimg state or local fair d Wy Aeoen to eomputa ized records is
CATSCOMES OF as MMALS covEM h Tk9 employment 7M-4Cea laws. !lmled,i wough use of access Loden and .
SYSTEfe: a To disclose nos-oaa5doxitl or entry logs,to those Whew amcni duties
Persons.other than federal employees non-privileged information contatiaed la require ate,
and applicants,who file charge$ these records to the folkwAng parsons
alleging that an employer.employment after notice of dght to atw has been aanwn=AM Dlasosas:
agency.labor organization or pint labor- wed: Canes that are dismissed or dosed for
management apprenticeship cotamittee 1.Aggrieved persona cad their other than awcause are destroyed ux
has violated Title VII of the Civil Rights atustneys in case ales involving aoonth$following the data of dismissal
An.of 1964 or the Americans With Commissiesner Marges pr'e'y that or closure.No cause ales that ate of
Disabilities Act of 1990.or bo%L such Pins be"been notified of their value In the develnpmeni of future class
status as aggrieved persons. . . action or panarn and practice cases are
CATEODRIMS OF RECOf1oa at TM a"T= 2.Persons or organisations Mg on retired to the Federal Records Center
This system contains records behalf of an aggrieved person provided one year after the date of the last action
compiled during the investigadoo of that the aggrieved person has given and destroyed after three additional
r ace,color.religion.sex cad national written antharization to the person wbo years.All other no cause ales are
on disc ion cases and cues of Sled on his or her behalf to act as the destroyed one
�n y year after the date of the
dlsaimination against individuals with aggrieved pemn's agent for this last action.Negotiated settlement files
disabilities.These records Includes purpose,and their attorneys; are destroyed one year alter the calendar
a.Documents submitted by charging 3.Employers and their suanegs, year in which the settlement agreement
party,such as charge of disain:lutiaa. provided that the charging party or is signed or alter all obligations under
personal interview statement.medical aggrieved person has filed suit under the agreement are satisfied,whichever
records and cormspondence. Tide V11 or the Americans With occurs later.Where monetary benel:s
b.Documents sulbaitted by employer Disabilities Act.or both. are realized in concurrent Age.Equal
such as statement of position. d.To provide information to a Pay.Tide VII and Americans With
correspondence,statements of congressional office from the aroed of Disabilities Act cases.the file is
witnesses.docu entary evidence s-.ach an individual in response to an dnauky destroyed three years after the date of
as personnel ales.records of earrings, from the congressional office made at the last action.Other files in retired to
EEO data.employee benefit lens, the request of the individual the Federal Records Center one year
seniority list.job titles and deseipdoss. e.To-'-'hose pertinent lafaemnfed to after the dace of the last amore.
applicant data.organizsticnal,charges. the appToopriate federal.state err local including action in the federal courts or
collective bargaining mWeeme its, agencies responsible for investigatisg. the last eomgilance review(the anal
petition to revoke or modify subpoem proseatin&eafaecing or impdMucting report submitted by the nspendeat after
e Records gathered and geeesaned by a statute.rule.regulation or order conciliation to indicate compliance)and
EEOC in the cause of its investigadon where EECC becomes aware of an destroyed after three additional;roars,
such as letters to state or loaf is,is iadiestias of a viol Lion or paeemdal except landrm 14 cases.Landmark cases
11060 Federal Register / Vol. 59, No. 46 / Wednesday. March 9, 1994 / Notices 45
are transferred to the nearest Federal araf MANAGES AND ADDRESS: an individual in response to an inquiry
Records Center two yeah after final Director.Office of Communications from the congressional office 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 another
action. 1801 L Stmt.NW.,Washington.DC federal agency,to a court.or to a party
SYSTEM MANAGER(S)AND ADDRESS: 20507. in litigation before a court or in an
Dire=r of the field office where the NOrFICATION PROCEDURES: administrative proceeding being
charge was filed. conducted by a federal agency when th
u8 Inquiries concerning this system of government is a parry to the judicial or
SYSTEMS EXEMPTED FROM CERTAIN PROVOONS records should be addressed to the administrative proceeding.
OF THE ACT: system manager.All inquiries should
This system is exempt under 5 U.S.C. furnish the full name of the individual ►otraES AND PRACTICES Foot STORING,
552a(k)(2)from subsection(c)(3).(d). and the mailing address to which the REMIMNG.ACCESSn+0.RETAUmINO AND
(01).(e)(4)(G).(e)(4)(H).(e)(4)(1).and(f) reply should be mailed. DISPOS I`4 OF RECORDS IN THE SYSTEM:
Of the Act. RECORD ACCESS PROCEDURES: STORAGE:
EEOC- Same as above. The records are maintained in file
SYSTEI+NAME: CONTESTING RECORDS PROCEDURES: cabinets and on computer tape.
Same as above. RETRIEVASUM.
Biographical Files. Correspondence from members of
SYSTEM LOCArIM RED° CATEGORIES: Congress is indexed alphabetically by
Office of Communications and The individual to whom the record the last name of the member.General
Legislative Affairs.Equal Employment perms• correspondence are indexed
Opportunity Commission.1801 L Street, EEOC–6 alphabetically by the last name of the
N*W.,Washington.DC 20507. individual making the inquiry or on
CATEGORIES SYSTEM NAME: whose behalf the inquiry is made.
SYSTMI OF INDIVIDUALS COVERED aY THE Correspondence and Congressional Computer entries are retrievable by
Current and former Commissioners, Inquiries. name of author of a letter,by name of
General Counsels erson or office referring letter to the sels Sad Commission. SYSTEM LOCATION: Office o!Communications and-
Legislative Office of Communications and Legislative Affairs,by subject. key
CATEGORIES OF RECORDS IN THE SYSTEx Legislative Affairs,Equal Employment word,by reference number,by name c
Includes for each the name,date and Opportunity Commission.1801 L Street, person to whom assigned,and by date
�
NW.,Washington.DC 20507. assigned.due and answered.
lace of birth.education,employment
story.and other biographical CATEGORIES OF INDIVIDUALS COVERED BY THE. SAFEGUARDS: '
information. SYSTEW• Files are kept in locking metal
AUTHORITY FOR MMNTfNANCJ OF THE SYSTEM: Charging parties,members of the cabinets in the Office of
44 U.S.C.3101,42 U.S.C.2000e-4. Beaeral pub C.members of Congress
and curren t and former EEOC Communications�ications and Legislative
ROUTINE USES OF RECORDS MAINTAINED IN THE employees who write letters to EEOC Affairs.which is locked evenings.
weekends and holidays.Computer
SYSTEM,14MUONG CATEGORIES OF USERS AND seeking information or assistance whose information is coded with access
TME PURPOSES OF SUCH Us= inquiries are referred to the Office of limited to employees of the Office of
These records and information in Communications and Legislative Affairs Communications and Legislative Affai
these records may be used. for response and the Office of Information Systems
a.To answer public and congressional
inquiries regarding EEOC CATEGORIES OF RECORDS N THE SYSTtA Services.
Commissioners,General Counsels and a.Inquiries from Members of RETENTION AND DUMSAL:
Commission officials. Congitss,the White House and Correspondence is maintained for
members of the general public, three ears from the date of the last
rouaES AMC PRACTICES Foot sTORaw, including current and former EEOC y
RETRXVNG.ACCESSato,RrrJUNM AM em to correspondence and then destroyed.
ING
DISPOS OF RECORDS N THE SYSTM bpEEOC responses to the above Correspondence control information
STORAGE:
iries. maintained in the computer for four
Stored is locking metal file cabinets .Computer tracking system years•
available'to office employees.. indicating the Was inquiries are SYSTEM MANAGER(S)AHD ADDRESS:
received.to whom and when they acs Director,Office of Communications
RETRWASEJirr assigned for response and the dates they and Legislative Affairs,Equal
Indexed by last name of the -are answered. Employment Opportunity Commissio
Commissioner.General Counsel or AUTNORMY NOR MAINTENANCE OF THE SYSTEM: 1801 L Street.NW..Washington.DC
Commission official -
SAFEGUARDS: 20507.
44 U.S.C.3101;41 U.S.C.2000e-4.
•
Files are kept in the Office of ROVrINS USES OF RECORD!MAINTAINED IN TNI NOTIFICATION PROCEDURE,
Communications and Legislative SYSTE1i INCLUDING CATEGORIES OF USERS AND Inquiries concerning this system of
Affairs,which is locked evenings. THE PURPOSES OF SUCH Us= records should be addressed to the
weekends and holidays. These records and information in system manager.All inquiries should
these records may be used: furnish the full name of the individua
RETENTION AHD DNSPOSAL: a.To provide information to a and the mailing address to which the
Maintained permanently. congressional office from the record of reply should be mailed.