HomeMy WebLinkAbout1996 S Contract Orange Co - US Equal Employment Opportunity Commission $51,700 PART 1 - THE SCHEDULE /OONI'R p FORK i r�3^9'
SECTION A - SOLICITATION
/CONTRACT
1. THIS CONTRACT IS A RATED ORDER polo
RATING PAGE OF PAGES
UNDER OPAS(15 CFR 350) j 3
2.CONTRACT (Prot.Inst. Idenl.J NO. 3.EFFECTIVE DATE 4.REQU151 T ION/PURCHASE REQUEST/PROJECT NO.
6Z5010/0145 10 O1 95
5.ISSUED BY 6 5010 6002
CODE LR 6.ADMINISTERED BY (I/other than Item.SJ
U.S. EQUAL EMPLOYMENT OPPORTUNITY cooE
COMIISSION EEOC - CHARLOTTE DISTRICT OFFICE
PROCUREMENT MANAGEMENT DIVISION 129 WEST TRADE STREET
1801 L STREET, N.W. , ROCM 2505 CHARLOTTE, NC 28211
WASHINGTON DC 20507
1.NAME AND ADDRESS O'F CONTRACTOR (No.,street,city,county.State and ZIP Code) 8.DELIVERY
ORANGE COUNTY HUMAN RELATIONS CCiISSI 1 FOB ORIGIN FOB DESTINATION
110'SOUTH CHURCHTON STREET r )
9.DISCOUNT FOR PROMPT PAYMENT
HILLSBOROUGH, NC 27278
4411f 10.SUBMIT INVOICES ITEM
(4 copies unless other-
u+tse specified)TO THE
CODE FACILITY CODE I ADD RESSSHOWN IN Poo.
11.SHIP TO/MARK FOR 12.PAYMENT WILL BE MADE BY
CODE CODE _
SAME AS BLOCK 6 EB0C - FINANCIAL MANAGEMENT DIVISION
1801 L STREET, N.W. , ROOM 2005
__ _____ ___ ___ _ WASHINGTON, DC 20507
13.AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETI 14.ACCOUNTING AND APPROPRIATION DATA
TION:
6/5010/22/4116 $50,000.00
10 U.S.C.2304(c)l ) ® 41 U.S.C.253(c)( ) 6/5010/19/4116 $500.00; 6/5010/08/4106 $1,200.10C
15A.ITEM NO. 15B.SUPPLIES/SERVICES 15C.QUANTITY 150. UNIT 15E.UNIT PRICE 15F.AMOUNT
PROCESSING OF FISCAL YEAR 1996 FEP
AGENCY TITLE VII AND ADA CHARGE SEE S3CTION B
RESOLUTIONS AND PROCESSING CHARGES
FOR INTAKE SERVICES, AND GENERAL FIRM FI30;D PRICE TYPE CONTRACT
FEP AGENCY TRAINING.
15G.TOTAL AMOUNT OF CONTRACT 00-1$ 51,700.00
16. TABLE OF CONTENT'S
V) SEC. F DESCRIPTION PAGES)I V) SEC. --DESCRIPTION--- PAGE IS)
PART 1—THE SCHEDULE PART II—CONTRACT CLAUSES
X A SOLICITATION/CONTRACT FORM 3 X I CONTRACT CLAUSES
X B SUPPLIES OR SERVICES AND PRICES/COSTS 1 PART III—LIST OF DOCUMENTS,EXHIBITS AND OTHER ATTACH.
X C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS
X 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 STATEMENT;OF OFFERORS
X G CONTRACT ADMINISTRATION DATA L INSTRS..CONDS.,AND NOTICES TO OFFERORS
X H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD
CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18ASAPPLICABLE
17. CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is re- 18. n AWARD (Contractor is not required to sign this document.) Your,
quired to sign this document and return3 S9112d copies to issuing office.) offer on Solicitation Number
Contractor agrees to furnish and deliver ate 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.Nu further contractual document is neces-
tlons, certi ication$, and specifications, as are attached or incorporated by sary.
reference herein. (Attachments are listed herein.)
19A.NAME AND TITLE OF SIGNER (Type or print) 20A. ME OF CONTRACTING OFFICER
Moses Carey , Jr . , Chair Trthia R. Bond
Ora ge County and of Commissioners tract' Officer
B. O T CT 19C DAT�J1E//SIGNED 20B. ITE STATE OF ERI A 20C/D2ATE�SI/GNED
BY (Signal re of person authorized to igr ���" BY (Stgnafu o/C ntractintf Officer) (0/!✓ !V
NSN 7540-01-152-8069 26.107 STANDARD FORM 26(REV.4-85)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
r U.S.GOVERNMENT PRINTING OFFICE:1989-241-175 FAR (48 CF R1 53.214(s)
TABLE OF CONTENTS
PART 1 - 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.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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . E-1
E.2 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-1
SECTION F - DELIVERIES OR PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-1
F.1 Period of Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-1
F.2 Time of Delivery/Deliverables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-1
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
TABLE OF CONTENTS (cont'd)
PART 11 - CONTRACT CLAUSES
SECTION ! - CONTRACT CLAUSES - FIXED PRICE SERVICE . , .
I.i 52.252.2 Clauses Incorporated . • . � . , . � . � . � � � � " I-1
1.2 Notice corp0rated by Reference (JUN 1988)
1.3 52.203-9 Requirement for Certificate of Procurement 1-1 thru 1-2
Integrity--Modification (NOV 1990)
. . . . . . . . . . . . . . . I-2 thru I-4
LIST OF DOCUMEWs, 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
Contract No. 6/5010/0145
T OPPORTUNITY
CONMSSION
U.S. EQUAL CORM CONTRACT FORMAT
SECTION B - SUPPLIE OR SERVICE AND PRICES/COST
BA C( NTTK—.ACCT D
This is a Fixed-Price Contract as ddiinod at Sub= lbw,Of the Fe�dl
Regulation (FAR). See Clause H.2 for bIt ad•u
CLIN DESCRIPTION AMOUNT
0001 Processing and resolving, at a price of $500 $5 QQQ,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 IQ 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: $51.700.00
B-1
B.3 DATE'-..- IN E",QF COS
In accordance with FAR Part 31.205-32, the Contractor shall be entitled to
reimbursement of costs as specified above incurred during the period from October 1,
1995, to the date of award which is the date signed by the Contracting Officer. Any
costs incurred will be reimbursed if and only if they would have been allowable pursuant
to the terms of this contract if this contract had been in effect when such costs were
incurred; and provided further that the Government is not obligated to reimburse any
precontract costs in excess of the target costs of the contract as stated in Block 15G of
SF-26, the contract cover sheet.
p �
l
B-2
U.S. EQUAL EMPLOYMENT RM CONTRACT FORMAT COMMISSION
U
SECTION C - ^nloT�ANISP /WORK STATEMENT
I, Background
A. There is an acknowledged need to ensure the m1plg y$ t rights of individuals granted
by Federal, State and Local anti-discrimination a ,
The Equal Employment Opportunity COR1f1 � (E 4
utilize th8 C
ENO,0f �S tt�tillli State 8�d �8 by
' `��� �it ls�-� ¢Taci�ces (FEPI Agencies to
assist it 1A MIG*V 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,
8. 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.
il. Scope of Work
A. The Contractor agrees to cooperate with the Equal Employment Opportunity
Commission in the maintenance and enhancement of a national, integrated
employment discrimination law enforcement and charge resolution system by
accomplishing various objectives which include, but are not limited to, the following:
1. Implementation by the Contractor of procedures that provide for
professionalized intake of all charges the FEPA initially receives, prompt
notification to respondents, resolution of charges on a current basis,
determinations supported by evidence, and resolutions with remedies;
2. The training of Contractor personnel in charge processing procedures
compatible with those of the EEOC;
3. Utilization by the Contractor of an employment discrimination charge form
which, within statutory limitations, is acceptable to the EEOC and the
Contractor;
4. Utilization by the Contractor of processing terminology (such as common
language pertaining to types of resolutions) that is the same as or compatible
with that utilized by the EEOC;
C-1
5. The development and maintenance of a system to ensure that EEOC and the
Contractor maintain compatible procedural and substantive standards; and
6. The identification by the Contractor and EEOC of legislative changes that may
be appropriate for the establishment of integrated and efficient charge
processing systems.
7. Utilization of an effective case management system, and, as applicable,
adherence to a Charge Resolution Plan that:
a. enhances quality and efficiency in the Contractor's charge resolution
systems;'
b. establishes annual charge resolution objectives and provides
mechanisms for fixing accountability and measuring progress toward
those objectives;
C. develops procedures and processes designed to reduce inventories of
dual-filed charges that will ensure maintenance of a charge inventory of
less than 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
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:
a 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 io anticipation of-ar'as-a.result of EEOC'contract Jundl, the EEOC
- may consider-any reduction in the:Contractor's'.funOing 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 apolicable), 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
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
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
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
SECTION 0 - PACKAGING AND MARKINQ
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.
0-1
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
SECTION E - INSPECTION AND ACCEPTANCE
E.1 INSPECTION AND ACCEPTANCE
Inspection and Acceptance shall be made by the Contract Monitor or his/her designee on
behalf of the Director, Office of 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
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
SECTION F - DELIVERIES OR_PERFORMANCE
F.1 PERIOD OF PERFCRMAN00
Performance under this contract shall begin on October 1, 1995 and be completed by
September 30, 1996.
F.2 TIME OF DEUVERYIDELIEVERABLES
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.B.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
II.B.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
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
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 requested 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
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
PAYMENT SCHEDULE FOR VOUCHERING
UNDER FY 1996 CONTRACTS
Percentage of Total Type of Voucher
Vouchering Date Contract Allocation Payments
10/02/95 50% Advance
01/08/96 — Based on Actual
Production
04108/96 -- Based on Actual
Production
07/08/96 -- Based on Actual
Production
10/08/96 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
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
SECTION H - SPECIAL CONTRACT REQUIREMENTS
HA TITLE VII AND ADA CONFIDIINTIAUTY PR0VI$10NS
The Contractor agrees to abide by the confidentiality provisions of Title VII and the AOA 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 AOA 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
H.3 RIGHTS 91I11ATA
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
11 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 ACKNOW EDGEMEN'1'O 0OVERNMIE:NT,
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 D[t ECT AND JINIXAN C43T
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 ADVERS9 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.
This contract requires the collection, creation and maintenance of records which are subject
to the Privacy Act of 1974. See the Privacy Act Notification Clause and the Privacy Act
Clause incorporated into this contract in Section I. The records compiled, created and
maintained pursuant to this contract are included in EEOC's Privacy Act System EEOC-3,
H-2
"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 CHARGEOATW,Slk`SIT EM DAUMSE
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
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
PART II - CONTRACT CLAUSES
SECTION 1 - 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
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
CERTIFICATE OF PROCUREMENT
INTEGRITY--MODIFICATION (NOV 1990)
am the officer or employee responsible
IName 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)(B) 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
(d) In making the certification in paragraph (2) of the certificate, the officer or employee
of the competing Contractor responsible for the offer 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, 1969), 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
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
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.
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 the other Agency and or assist any
person alleging employment discrimination to draft a
charge in a manner which will satisfy the requirements of
both agencies to the extent of their common jurisdiction.
Normally, once an agency begins an investigation, it
resolves the charge. Charges may be transferred between
EEOC and 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.
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;
-- 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.
IV. EXCHANGE OF INFORMATION
A. Both the FEPA and EEOC shall make available for
inspection and copying to appropriate officials from the
other Agency any information which may assist each Agency
in carrying out its responsibilities . Such information
shall include, but not necessarily be limited to,
investigative files, conciliation agreements, staffing
information, case management printouts, charge processing
documentation, and any other material and data as may be
related to the processing of dual-filed charges or
administration of the contract . The Agency accepting
information agrees to comply with any confidentiality
requirements imposed on the agency providing the
information. With respect to all information obtained
from EEOC, the FEPA agrees to observe the confidentiality
provisions of Title VII, AREA, 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 f inal f inding and order, the FEPA must submit to the
EEOC copies of all documents pertinent to conducting a
substantial weight review; the evaluation will be
designed to determine whether the following items have
been addressed in a manner sufficient to satisfy EEOC
requirements; including, but not limited to:
1. jurisdictional requirements,
2. investigation and resolution of all relevant issues
alleging personal harm with appropriate
documentation and using proper theory,
3 . relief, if appropriate,
4 . mechanisms for monitoring and enforcing compliance
with all terms of conciliation agreements, orders
after public hearing or consent orders to which the
FEPA is a party.
C. In order to be eligible for contract credit and/or .
payment, submissions' must meet all the substantive and
administrative requirements as stipulated in the
Contracting Principles.
D. For the purposes of determining eligibility for contract
payment, a final action is defined as the point after
which the charging party has no administrative recourse,
appeal, or other avenue of redress available under
applicable State and Local statutes.
VI . IMPLEMENTATION OF THE WORKSHARING AGREEMENT
A. Each agency will designate a person as liaison official
for the other agency to contact concerning the day-to-day
implementation for the Agreement. The liaison for the
FEPA will be Lucy, Lewis, Director. The liaison official
for the EEOC will be Patricia B. Monroe, State and Local
Coordinator.
B. The agencies will monitor the allocation of charge-
processing responsibilities as set forth in the
Agreement . Where it appears that the overall projection
appears inappropriate, the appropriate portions of this
Agreement will be modified to ensure full utilization of
the investigation and resolution capacities of the FEPA
and rapid redress for allegations of unlawful employment
discrimination.
C. EEOC will provide original 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 Wor aring Agree a I accept and
agree to the provisions conta' a there'
Date
ha Drane, District Director
al Employment Opportunity Commission
arlotte District fice
Date
Moses Carey, Chairperson
Orange County Board of issioners
e
...DISCLOSURE OF LOBBYING ACTIVITIES ---_
• Corngtata INS tom+to d sda+e labWv%1 6CL?*";t•t V—J"m to 21 UZL 1112
• tSrt rt•rvm4 for puWl C bud&"diad-tat,
t. T rps at fed"Aaiaae i %U&,A ad fv4"A&-M i Lrpan TTp ft
�} i tantrset a L. b:d0}fmtap4;so6n o L, in" cling
L,J b. grant b. Ntial rward b ,nacsniJ eun{e
C. endperati+t i eement c. p*-n-ewvd far hwaraJ CiAwlt orjr.
d. coin !t w Quarset
a 10JA fv>irsntea - ditt of 4rt rtpaZ
r. ban u+tiruw
kAMf aad Addrrtt ad tepeNni Fathy: & K tiperiq Wry in►ta /k S44ww4es. EWa kAAW
tall U&as d Probe
p hitna .,
T.w
caw �iaaal Oisv:ct Yli.ai.+r e.w ,e.sL.na!Owrtd Ybtie..�*
L fetter,!otlare%emVA4tocr. 7. IetLva!►reiraaa xusdflerQi¢+iac
1
C7DA Nw"bar..I*05cwt:
L . fee(srtl Actior►Mtrle�sr.%�no.rn: L Aiwvt"0 1�rtownC
'ttt. a Nana mW AA&cU a/L""Inury. ` {at}.+lualS►ertane i�=Sarti+ea u+eJudr+l dd�esi d
(d ndwvdavL U9 ttMM first ntntL buk d,Plannt tarty Na IOiT
. . . - -',Raw •«:+ww. . y .��..« ..
tl. Aarw! at hf+.et�(cAfcFad f1Yt�0 ?t'.
Ty"M Par""kht �0.dutOW-
O aQtialt Q dJMlf O al`tetaiw�
f Q. >r tM1!•iifllf iatt� .
- t1 Pees of ttrtweat id+ddt aL'ttAtt 1 >C: '' D' e..attttetesiiai'
O a
O 1L• ieiM .a ... t C L stfl�ttMelyt hbdoir
w k I�lt �rd/atom 0�t�{tf�l fames, .r�S+L a�'Ir!teeuL.
«: � t f19 A.
!�,� #' .;' ::;'t•-••�i`+a ,+j� ;t.,; ...:�.. ,31,. , ••. :�„ .:rte
IL mitts f low 104A.A wmin It O Vas O w
a�ML as Iaaa-d 1"01 o barb e a
r...+0 a ftm an tbowl W IN are+
b s o anew tar ttrt&AMM lk ampo w r+....
n..•, Us*a ewr m an 1e aaartd•ft d!me•MI& JOE
...*adastomdatrtarpdata- am M�a"ra
anammod tt.r•tadt~0"Maaadb.mdarasan
fr ad so ewe 0-brat,to amb r b&m TAR Mat O�te'
-40t+ ow u1i vaT.�������.•.. rte.^`]•.J.T-i.�'n'.��►F�`�t• •�•• �....i ..�1 {y�Irr/a1�•W
INSI'RUCnONS FOR CUMPLMON Of SF•Lil; DiSC'JOSU" Of L094YLNG AC.;TYf•i1ES
dadosvt tones +had!st twhpfeted by trtftr, ..#wdw wh~%rdet of wimut feda•tl fvo ent. .t tpw
Ghroation at +-=;o of a canted Federal •edoti or a nuterial Chantt to a prrv%*%s 14:nt, pxsusnt to OW 11 U-%-C.
ceGm 1352.The One oft fain+Is rtTjired for cad+per*ent or sw'eve w to rukA pryrnem to a"h1'todbt:nt ender rot
4hllhxnCing or stterrtpdng to inRuer4c an 09cer or anpa" a myr Atinc1', a ven+ber of C.*"Vv= +n or.,Icrr or
esehptarta of Cohtrt= of sn ernploytit of t "ember of Canpttt in eonnec ion ..:t t a cohered fedcsl .con Use v.e
SF.yU.+s ComtintuzoA Sheet far sddidoewl Wortudan of the spats en the forte Is iudequate CWhdctt all tteesu ::-.at
&pojy for badh the W:W tLnt and nuterial dwhte repom ftder to tine ietpletrhtrttrhg rad4r4t pvb•IL"d by the C"ict of
muujvr •u and tudget for addsian,d i'•Jorer ."on.
t tdo cly tar "o of ca•ered Federal moton for wNdh Sobbyirr; tic" is &%&or has been temtd to tfhslueehte ew
otrtrrrrr of a catered Federal M:90L
2: tdandy the ssats+o of d+e foaered ledcal atifar+t,
1 ldendtr the appmq 4ts d cifltmtfon of M ttep'om tf M b by a frutrW d'-wtt to tt+*
WW"%Ation p V%j4k afy feporteL snta the rest ud quae.0 k-41,- h:`r e.Wgq oa"..r*ed.!:stet the date of tt+e tan
previe y strbntittsd report by tthis reporcS,g sndtr for dds ar-m Federal argon.
L Enter the U name. address dry. cute arhd 3t1 Bodo of the em". Vdudt Cont*eseanal Diaret if
bwovt Q ect tae appropriate dusdtaadon of the repor.•ng ender Out desitnatn it k Lt or atpeas to be. a parr e
or stAahs,d mcipient tda ify the eta of the stsaarwwdrs. L4j. the Ares r.,hr w4et of t!r PAm" is the tat tier.
Subrwwds ihdude but errs not 6rhiu+s4 to o bmnQacts.rubparhu and canv%4 e••ards tandsr Os^m
S. if the ertancstfen Ilznt the repot In kern 4 dhedts e ubrh erdee•.$herb mum tho Ada narrht,adr(re=dty.cute and
no code of the prirhe federal rtopisnt tndwde fyontntsaional Dttrotet If krWw%
L Enter the throe e!Ow Fedora! agency MAL-it the ward.or ban esenrnevrAft. tmdude at Seas one Qpgmi sdorw
te•el be vw attn47 rare..it kr4wn. For w6unpfe.Depamwent of Tesntporudott limited Sutes Coast Cusrd.
J. Enter the fedeai program Payne or description low the coves. 'FledeW action Otem U. U 64w% enter tfht W
CGUtat of federal Doeertae Aasistar+es (Cro.m numbs for gam. earepsradae agreements: leant and ban
Chyrrhmitrthenta: •• - -
L Enty the rnva appropriate Fed" ids OyF mt wimbef rraPlabte tar tlhs Federal scion ideetilled in item t (e.g.
RtQveet to Mpasit (RF►) ntarhbsr. tnViUdon fa feed Grj) nurebsr. grant snnatnheasnent rwrntssr. t eantrset.
pant. or ban wtrd iasthber the spplieatiofvProposaf €ansroi ntarebv assj=*hed by Lit federal agency). tndude
pretlses s.t.'tR•OElO�CL'. - .
1. Foi ,ca►ered.fedoral aetiert Wk4ty thsri't►as been an shrrsed or legate teaatwrbwia+R by tit Federal&VOCY. enter the
Federal stream of the rwardM&A s5orhnnitrt ek-far the P^*M sns(tY idsMA"it'%CM 4 w L
t0. winter the Aid taaw+e. addretL del►. gauge ant 2Fp eels st tint ant sniff sntated bf the fiponirg entity
.. - dentilted in iisae i to N4usrres tins eter•etsd►scatter!aesitaa.• _ • . .
t!�)Enter the Il0 Aries Of tM bnw(ds" Osstetn+nin: sarrices, ant i+dutfs Aar odditsi ! 4me"nt.ttoee sa W:
1(ntsr 4u M&,%&fist fdatttts,ant M;"4 btfidd OAO:
tt bate the"sfe+ttht:Ot gsntpsseast3tw pall itr tetaathaifir aepo+aed ro be►81 k tt+e w0onf^t sn�1f(hernt.A to tho
bbbyiw(st+ti ff Qtesn sari. M/psb wkct w else peff- tc has boo tatdo(SOMA e+f ts�M ttnads tpt+nnedf. 0►ecli
al!hoses flat a�. it tlia is a Sala"d" sn(ar tr fattttM SOM aitasaaxt Of tayts+srf:ethass ter Planned
to bet m".
u am&the gpep U best*&00*�� .r.*af1t��MA&.* M*h U1 k"='ft 40r1, �
tapsty 1ht Ra�ie r+t aiw M#e ,.' . r• I•: :'.L
_ -»_ eel tai`iairies,ttt;16a riet tare 00. b%
or va k C*kvasd to
u` + tom fe�d+r*L tnr3tde ai< ar+t aatatad bCldh>:tY.test Mac tfrshs b
• - ataat eeea�tcia ri1► lletfauel ttidait. itedelk tee l�ieeal tt•ereOiert+�0 arftfaae! tr the
tea.erlwtsuiett��i Cr+�ea fret owe snesaUi.
tS. Oredr rtabreltaf s fact a SOiUA Cmik+c+s 00aKad is wiadeetL`
1L litter tirslhit�diidat tihat tdr read&W to wet O t ItislAer asset,flk ww WO AM mewbw-
f1Ys rwrirht heath for Via asiardrw of Nouaiw It stinsed ti awrW it safe m Fr"Wo'"&O."t
Ietandaa.oa"lhbtt fasiiht 4e,smijew fwwbs wet e&=&"tint&a on",test tar+o4int W4 mviews t?ra ei.crnh at
btir.h"%SW4 OWSWna.assn N rte btrth�saeeh�•off odor atOset��� �� w oL
ow+.rating Na bs Amm•ttte OeaRse sf"O W44 w.tt &A#"%PVN we
DLSCLOSURF OF LOSBY1NG ACMV ES
- -
CONTINUATION SHEET
i
4� .1s'•,.ir. ti +1f '�'.. '• � � .a�.\M!M�''�it'tw.. ...,���:=�'Tr•'�"�. .♦ .iti.-iwttt•ti +F�, .�•'"Aa`.�:e... . _+���t�
Federal Register / Vol: 59, No. 46 / Wednesday, March 9. 1994 / Notices 11057
20507.Copies of this notice are EEOC-9 Claims collection Records. For the Commission.
available is the following alternate Routine uses"k"and"1"are removed. Tony E Gallegos.
formats:Large print.braille,electronic The Commission received comments Chairman.
file an computer disk.and audio-tape. bom the Internal Revenue Service EEOC Systems of Records
Conies be obtained from the indicating that the disclosures permitted
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 FURT14ER INFORMATION CONTACT., determined that routine uses"k"and EEOC-2 Attorney Referral List.
Nicholas M.Inzeo.Associate Legal "I"are not necessary.In addition,EEOC EEOC-3 Title vII sad Americans with
Counsel.Thomas).Schlageter.Assistant ro Dies to add two new routine uses Disabilities Act Discrimination Case Files.
Legal Counsel or Kathleen Oram,Senior o this system to permit disclosure of EEOC-4 Biographical Files.
Attorney(202)663-4669(voice)or(202) Y p EEOC-5 Correspondence and
Y claims collection records to the Defense Coagessianal Inquiries.
663-7026(MOO Manpower Data Center.Department of EEOC-6 Employee Assistance P-o&-a-t
SUPPLFMEWARY INFORMATION:The Equal Defense,and the United States Postal Rewrd&
Employment Opportunity Commission Service to conduct computer matching EEOC-7 Employee Pay and Leave
last published its systems notices in programs to locate federal employees Records.
1991.To be in conformance with case who owe debts to the U.S.Government
EEOC-4 ent Records.
s. and
law,the Commission is proposing to under EEOC Reimbursement m Coll
amend one of the routine uses found is plQ��s' EEOC-4 Claims Collection Records.
ten of its notices regarding disclosing EEOC-10 Grievance Records. EEOC-10 Grievance Records.
g g g EEOC-11 Records of Adverse Actions
Routine"d"is amended as described
information to comply with a subpoena. above. Against Nonprefereace 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 Call 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 Parking 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 CCoompl�aint�and the
ppeal Federal Records.
ant
Doe v.Stephens,851 F.2d 1457(D.C. Records.Routine use"c"is amended as
Cir.1988)and Doe v.DiGenova,779 described above. EEOC-1
Co=74(D.C.Cis.decided the EEOC-13 Employee Identification Srsrtfia NAME:
Commission has decided that the
issuance of a subpoena by itself no Cards.Routine utse"c"is amended as Age and Equal Pay Act Discrimination
longer qualifies as a valid routine use describe above. Case File'
under subsection(b)of the Privacy Act. EEOC/GOVT'--1 Egnal Employmetat arsstetst®catttne
Therefore.the Commission will no Opportunity in the Federal Compiauaat Find OMce where the charge or
longer make disclosures in response to and Agpaal Records.Routins use"b"19 complaint of discrimination was filed
a subpoena unless the Government is a amendded as described above.la (see appendix A).
party to the judicial or administrative addition,the Commission proposes to
proceeding.In those situations where add a routine use permitting disclosure CATaooaen of eeavtowLS covtt n av rME
the Government is not a party to the of EEO complaint and appeal records in sys'"m
proceeding,records may be disclosed if response to•request for discovery or for Persons other than federal employees
a judge has actually signed the appearance of a witness.when the and applicants who file charges or
subpoena.In those uses,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 peadit:g 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 CATltttoN O OF tteaoa 0S w THE SYSTM
one system of records and the addition complaints in the federal Government. This stem contains the records
of a routine use to another system of �'
records The proposed routine use noted compiled during the investigation of age
A brief description 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
"r'is amended as described above. that any disclosure pursuant to these discrimination.personal interview
EEOC-3 Title VII and Americans routine uses will not result in any statement,and correspondence.
With Disabilities Act Discrimination unwarranted adverse effects on personal b.Documents submitted by emplayer
Case Files.Routine use"r'is amended privacy. such as statement of position.
as described above. In addition to the changes noted correspondence.statements of
EEOC-3 Correspondence and above,the Commissioa 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 job titles and descriptions,applicant
Records.Routine use"I"is amended as appendix A to cefleet current addresses job organizational charts,collective
described above. of Commission offices. bargaining agreements,petition to
EEOC-6 Employee Travel and A complete list of all EEOC systems revoke or modify subpoena.
Reimbursement Records.Routine use of records is published below.The m Records gathered and generated by
is amended as described above. complete text of the notices follows. EEOC in the course of its investigation
,
11058 Federal Register / Vol. 59, No. 46 / lVednesday. March 9, 1994 / Notices
such as letters of referral to sate{air ►OUCIES AND PRACTICES FOR 470Aa4e4 SYSTEM EXEMPTED FAOM CERTAIN FAOVLSX)kS
employment practices agencies. AEMEVING.ACCESSING.AET12414 AND of THE ACr.
correspondence with state fair DISPOStNO CF AEco"M IN THE SYSTEM: This system is exempt caller 5 L;S.G
emplo}-aert practices agencies.witness STD"aE, 552a(k)(2) from subsections(c)(3).(d).
statements,investigators notes. (e)(1).(e)(4)(G).(e)(3)(h).(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 computer processable
evidence and charge.subpoenas, storage media. EEOC,2
decsions and letters of determination. SYSTEM NAME:
conciliatiun agreements. Attorney Referral List
correspondence and any additional These records are across-indexed by
evidence gathered du.-tits the course of c a-b•ng pay name.a=iover name SYSTM LOCATION-
the investigation. and c:arse number.The zecords may be All District O`ices(see append x A).
retrieved by any of the above three cATEt:oA:ES of RIDMDUALS COVEAEa sY T1a
AUTHOAfrI FDA MADO E)"MCE OF THE SYSTEM: indexes. CArEG :
5 U.S.C.301.29 U.S.C.209.211.216. sAFEGUAADS- Attorneys who represent plaintiffs in
217.535:44.U.S.C.3101. eta to ent discrimin i
Pape:records art arau:tained in a p � cti litgatioa.
AOUrKff USES OF X=ROS MAWAINED W THE secured area to which only authorized CATEOOPM OF AECOADS 04 THE MTEra:
SYSTEM,INCUMVNG CATEGOAtES DF USERS AND personnel hare loges:.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 information in persons whose official duties require telephone numbers,the nature and
these records may be used: such Arrsss.The premises are looped amount of civil rights litigation
a.To disclose pertinent information to when authorized personnel are not oa experience,state aad federal bar
a federal,state,or local agency or third duty.Access to computerised 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 whose official duties actions:whether the attorneys charge
functions under the Age Discrimination require access. consultation fees(and how much).
in Employment Act or E Equal Pa Acs. whether the attorneys will waive the
q y AETE MON AM DISPOSAL: consultation fee;the types of fee
b.es disclose information local * Cases that are distaissed or dosed for arrangements the attorneys will accept.
fa these records to state and to to other than no cause are destroyed six _ and whether the attorneys speak a
agencies administering state or local fair months following he date of dis-aissal foreign language fluently.
employment practices laws. or closure.No cause files that are of
c.To disclose non-confidential and value is the o causpmeat of future class � �,MA� OF"a S�9'
non-privileged informatioa Roma closed 42 U.S.C.2000ee-4(g):44 U.S.C.3101.
ADD—%/EPA case Alas(a Ale is dosed action or pattern and practice cases are
when the Commission has sa:stiaatsd retired to the Federal Records Center PAIMIE USES OF FIECOADS NAMAOM w THE
one year after the date aE the last action SYSTIM 96MUDSro CATecoA,ES of USaS AND
its investigation and has decided not to and destroyed alts:three additional THt PUAPOSaS OF SUCH USES.
sue)to the employer where a lawsuit yeam All other nn.ruse files an 'These records and information in
has been filed against the employer destroyed one year alters she data of the these records may be used:
involving that information,to other
employees of the same employer who last action.Negotiated settlement files a.To refer rhiiSLag paruss to
Attorne s who handle liti ation of
are destroyed one year aAar the calendar y B
have been notified by the Catamission em to discimiaation lawsuits.
of their right under 29 U.S.C.216 to file year in which the settlement agreement KT��vide Wartaation to a
a lawsuit on their own behalf.and their is signed or afterall ohligatiaas under c provide
office from the record of
the agreement me satisfied.whichever nIII
representarFves, occltrs later.Where monetary benefits as individual is response to an inquiry
d.To provide information to a are realized is cone u w Age.Equal from the congressional aMce made at
congressional office from the record of Pay,and Title VII case&the file is the request of the individual.
an individual is response to an inquiry destroyed three years after the date of PouaES AND POULC 0 FOR STORM,
from the COa land office toads at the last action.Other files are retired to A01I VINO,ACCESSV412.AETARMAG.AND
the request of a party to the charge. the Federal Records Center one year ova of RICO#=a rMs SYSTEM
e.To disclose pertinent information to after the date of the last talon. STOMca;
the appropriate federal.state or local including action in the federal courts or Stored on prepared fortes and index
agency responsible for investdgating, the last compliance review(the final cards.
prosecuting,enforcing or implementing report submitted by the respondent after
a statute.rule,Tegulatien or order, concilfation to indicate compliance)and AETrrIEVAS'IJ".
where the EEOC becomes aware of an destroyed after three additional years. Indexed alphabetically by names of
indication of a violation or otential except landmark cases Landmark cases the attorneys.
violation of civil or criminal law or are transferred to the nearest Federal
SAFEGUARM
regulation. Records Center two years after final
E To disclose information to another court action and offered to the National Access to this system of records is
federal agency,to a court.or to a party Archives ten years after final court restricted to EEOC personnel who hive
a legitimate use for the imfatmation.
a litigation before a court or in as boa• This system is stored in filing cabinets.
conducted by proceeding agency g SYSTEM MAHAGEr(S)AND ADDRESS:
conducted b a federal a en when the AETENr1pN AND DISPOSAL;
goverrunent is a party to the judicial or Director of the field office where the Files are reviewed and undated
administative proceeding. charge was filed(see appendix A). arinually,
Federal ate: / VOL 59. No. 46 f Wedaesd", 3datch S. Zg94 / blodt es I1B59
s'VrVA w"A412 A 0 Aa*U,sZ employme:t practice agencies. viekdoitt of ctw at'-wrinai law or
Raglans!Ar:otney at each District correspondence wtth state fair regreladon.
Office(see appendix AL employment pracriae agendes witness L To disclose ialermabact to amot'1c
NO I IF An04t►ROCEDUM statements,investizators notm federal agency.to a coat.or to a party
Inquiries rancern,ag this s�stem of investigative plan,investigator's in litigation before a court or in ss
records should be addressed,s the analyses of the evidence and char$, administrative proceeding being
atanagea Ilia report of initial and erdt interviews. conducted by a federal agency when the
appropriate system
net to furnish the followia copy of deferral to state,subpoenas, e
as, gwernat is's party to the jud!cW or
g decisions and letters of determinadon. administrative proceeding.
information:(1)Full name of the analysis of deferral agency action.
individual whose records are requested; conciliation agreements. fouass AM"AC"M MR SMawo,
(2)mailing address to which reply correspondence and env additional RtR WVV#G,ACCESS&G,RETARiWO rued
should be sent. evfde gathered durw%the course of oearossG aaeoROa at ttwt sysrsse
RsCORO ACCX3M rROCanuRSS: the investigation. srau►ow
Same as above. These records are maintained in file
AeR�FOR 1Mid "�os � folders and in computer processable
CONTUTUsa RlOOK0 r+ROCanuRtx S U.S.C.301;42 U.S-C-2000e•-3,-s dosage media.
Same as above. and-9;42 USG 12217;.44 U&&-3101. _
ARCOgO SOURCE CATH Rour"s UM OF Alcoa=UMWANM a-Me These records are cross-indexed
The individual on whore the record is TM warms Op s� chug Party name,employer name
maintained These records and information in and change number:The records maybe
EfsOW these records may be used:
retrieved by any of the above three
a.To disclose pertinent fnformatiaa to indcam
sxrtw elA"C a federal,state.or local agency or third Lviaumm e
Title VU and Ansencans With party as may be appropriate Vr Paper p" , re r I a mainuined is a
Disabilities Act Discrimination Case necessary to perixM else Cam odssion's secured area to which only authadzed
Filew functions under Title VII of the Civil 1 e5aam4 have scows Access to and
stsr!>r t.oesruoar Rights Act of 1464 and tbaAmericaos use otthese records is limited to those
With Disabilities Act of 1990. whose official duties require
Field OfS where the chargi of b.To disduse iataatnation tmatrdnd The am
AdiaQiminatim was Bled(sea appendix thesrt> cis to atsRe sssd loci when ev 11 el fwd A p are loaad
not as
ageadee adm -Mains stars or!oral ids 40y.Access to rtaft rauxds is
ursOORrts OF sasev+ouALS eovtRta ss rrs employment PmW - United,through use of access coders and
svarsse: a To disdorye anon-oaaSdeatLi or entry logs,to rhos a wboss off5csal duties
Persons,other than federal employees non-privileged information coataIn d is r,aquira ate,
and applicants,who file cbargee these retards to the foDowlng peraoas.
alleging that an employer.employment &Wa notice at z4*to tar has been e+WOM aaa 1111111NOMILL,
agency.labor organization car joint labor- issued' Cases that ere dismissed or closed for
management apprenticeship committee i.Andoved peseoosamd their other than noesuse are destroyed ctx
has violated Title VII of the Civil Rights attorneys in eau files iaewivins wooths following the date of dismissal
Act of 1964 or the Americans With CcommIssioner Charges provided that or closure.No arse Was that are of
Disabilities Act of 1490.or boys such I bave been notified of their value in the development of future class
status as aggrieved persons; . • aWOa or paws and practice cases are
aTSOORtts Or ROMP at net stance 2.Persons or organizations Ung On rWnad to the Federal Records Center
This system contains records behaUof an aggrieved person provided one year after tie date of the last scaon
compiled during the investigatlon of that the aggrieved person has gives and destroyed after three additional
race,color,religion.sex,and national written aauhoriration to the paxsoau WbO years.All other no cause files are
origin disc iminadca eases and east's of filed on his at bar behalf to acs as the destroyed one year after the date of the
discrimination against builviduab with aggrieved pCoon's agent for this last action.Negotiated settlement files
disabilities These records faeluds: purpose,and their attorneys. are destroyed one year after the calendar
a.Documents submitted by chargias 3.Employers and tbedr Mosseys, year In which the settlement agreement
party,such as charge of disetimir.&don, provided that the charging party or is signed Or after all obligations under
personal interview statement.medial aggrieved person has filed suit under the agreement an satisfied.whichever
records and Title VII or the Americans With occurs late.Where monetary bmeBs
b.Documeau submittad by employer Disabilities Act.or both. are realized is concurrent Age,Equal
such as statement of position. d.To provide informadoa to a Pay,Title VII and Americans With
correspondence,statements of congressional office from t*.re moot of Disabilities Act cases.the file is
witnesses.docu entary evidence sash an individual in response to an WUNUY destroyed three years after the date of
as personnel files,records of earrings, from the congressional office made at the last action.Other files are retired to
EEO data.employee benefit plans. the request of the individual. the Federal Records Center cos yeas
seniority list.job titles and descriptions. e.To diseboae 11 Ila Infactindon to alter the date of the last actim
applicant data.organizational charges. the appropnaw stars or lord including ac ton on in the federal courts or
collective bargaining s6 cuoots, agendas responsible forinvestigaft g. the last oamplfaad review(the final
petition to resoles car modify 044 0- pmssrrtiog,eafOrdng car implementing report submitted by the respoadeat after
e Records gathered and gmessted by a statute,rule,regulation or order. conciliation to indicate compliance)and
EEOC la the course of its investipdiron where EECC becomes aware'At as destroyed titer three additional rears,
such as letters to state or local fair iadieation of a violations or poeeaaal except land-4 saes.f aadrnaric cries
11060 Federal Register / Vol. 59, No. 46 / Wednesday, March 9, 1994 / Notices
are transferred to the nearest Federal S•I VM MANAGER AND ADDRESa an individual is response to an inquiry
Records Center two years alter Baal 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 Street.NW..Washington.DC federal agency,to a court,or to a party
SYSTEM MANAGERS)AND ADDRESS: 20507. in litigation before a court or in an
Director of the field ofL•ce where the NOrFICATION PROCEDURES: adminisL^ative proceeding being
conducted by a federal agency when Lt
charge was filed. Inquiries concerning this system of government is a party to the judicial or
SYSTE►AS E CDA"M FROM CERTAIN PROVISIONS records should be addressed to the administrative proceeding.
Of THE ACT: system manager.All inquiries should
This stem is exempt under 5 U.S.C. furnish the full came of the individual POUCIES AND PRACTICES Post SToRWa
system p and the mailing address to which the RETRIEVING.ACCESSMO,RETAWWo AM
552a(k)(2)from subsection(c)(3).(d), reply should be mailed. DISPOSING Of RECORDS IN THE SYSTEM:
(e'(1).(e)(4)(G).(e)(4)(H).(e)(4)(I),and(f)
of the A t. RECORD ACCESS PROCEDURES: STAGE:
EEOC-4 as above. The records are maintained in file
cabinets and on computer tape.
SYSTEM NAME: CONTESTING RECORDS PROCEDURES
Biographical Files. Same as above. RETRIEVAaumr
map ica Correspondence from members of
RECORD SOURCE CATEGORIES:
srsrEal LOC+►TIO►C 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
NIV.,Washington.DC 20507. individual making the inquiry or on
SYSTEM NAME: whose behalf the inquiry is made.
CATEWRIES Of WOMOUALS COVERED BY THE Correspondence and Congressional Computer entries are retrievable by
sYSrvi Inquiries. name of author of a letter,by name of
Current and former Commissioners, q . person or office referring letter to the
General Counsels and Commission- SYSTEM LOCATION: Office of Communications and.
Officials. Office of Communications and Legislative Affairs,by subject,by key
CATEGORIES OF RECORDS W THE SYSTEM: Legislative Affairs.Equal Employment word,by reference number,by name c
ace of birth.education,employment N•
Opportunity Commission.1801 L Street, person to whom assigned.and b date
Includes for each the name,date and NW..Washington.DC 20507. assigned,due and answered. y
lace and other biographical CATEOoiues of vemouALs COVERED Sr THE. SAFEGUARDS:
information. SYSrEac. Files are kept in locking metal
AUTHoRmr FOR mAwramwA OF THE SYSTEM: Chargin arties.members of the Cabinets is the Office of
44 U.S.C.3101.42 U.S.C.2000". . General public.members of Congress Communications and Legislative
and current and former EEOC Affairs,which Is locked evenings.
ROVTINE USES Of RECORDS MANTAWED W THE employees who write letters to EEOC weekends and holidays.Computer
SYSTEM,NCLUDMO CATEGORIES OF USERS AND seeking information or assistance whose information is coded with access
THE 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 Affa,
these records may be used. for response. and the Office of Information Systems
a.To answer public and congressional CATEGORIES Of RECORDS IN no SYSTEM: Services.
inquiries regarding EEOC
Commissioners.General Counsels and a•Inquiries from Members of RETENTION AND SA A.:
Commission officials. Congress,the White House and Correspondence is maintained for
members of the general public, three ears from the date of the last
POLICIES AMC CCLWING, FOR STORM,A including current and former EEOC y
' RETRIEVING,ACCESSING.RETAeIeq AM correspondence and rhea destroyed.
DISPOSING OF RECORDS w THE SYSTEM: E EEOC'�ponses to the above Correspondence control information
STORAGE: inquiries. maintained in the computer for four
Stored in locking metal file cabinets C.Computer tracking system years..
available-to Office employees.. indicating the dates Inquiries are SYSTEM MANAGERS)AND ADDRESS:
received.to whom and when they are Director.Office of Communications
RETta<IEVAaamr•. 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 .
AuTHO1UTY FOR MAW"DUWA Of THE SYSTEM: 1801 L Street.NW.,Washington.DC
Commission official. • - 20507. �
44 U.S.C.3101:42 U.S.C.2000".
SAfEGUARM
Files are kept in the Office of ROVTINE USES Of RECORDS MANUMED W THE NOTIRCATION MOCEDURE:
Communications and Legislative SYSTEM DICLUOMO 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 individue
RETENTKW AM orsaosAU 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.