Contract #EECCN130023 North Carolina Office of Administrative Hearings Sections C-J

Table of Contents

1. Solicitation/Contract Form
2. Supplies or Services/Prices
3. Description/Specifications
4. Packaging and Marking
5. Inspection and Acceptance
6. Deliveries or Performance
7. Contract Administration Data
8. Special Contract Requirements
9. Contract Clauses
   • Definitions. (JAN 2012)
   • Gratuities. (APR 1984)
   • Covenant Against Contingent Fees. (APR 1984)
   • 52.203-6
   • Restrictions on Subcontractor Sales to the Government. (SEP 2006)
   • Anti-Kickback Procedures. (OCT 2010)
   • Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997)
   • Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)
   • Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)
   • Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)
   • Central Contractor Registration. (DEC 2012)
   • Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010)
   • Audit and Records - Negotiation. (OCT 2010)
   • Order of Precedence - Uniform Contract Format. (OCT 1997)
   • Convict Labor. (JUN 2003)
   • Prohibition of Segregated Facilities. (FEB 1999)
   • Equal Opportunity. (MAR 2007)
   • Equal Opportunity for Veterans (SEP 2010)
   • Affirmative Action for Workers with Disabilities. (OCT 2010)
   • Employment Reports Veterans. (SEP 2010)
   • Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)
   • Combating Trafficking in Persons. (FEB 2009)
   • Employment Eligibility Verification. (JUL 2012)
   • Drug-Free Workplace. (MAY 2001)
   • Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
   • Privacy Act Notification. (APR 1984)
   • Privacy Act. (APR 1984)
   • Restrictions on Certain Foreign Purchases. (JUN 2008)
   • Federal, State, and Local Taxes (State and Local Adjustments). (APR 2003)
   • Payments. (APR 1984)
   • Discounts for Prompt Payment. (FEB 2002)
   • Extras. (APR 1984)
   • Prompt payment. (OCT 2008)
   • Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003)
   • Disputes. (JUL 2002)
   • Protest after Award. (AUG 1996)
   • Applicable Law for Breach of Contract Claim. (OCT 2004)
   • Production Progress Reports. (APR 1991)
   • Changes - Fixed-Price. (AUG 1987) - Alternate I (APR 1987)
   • Subcontracts for Commercial Items. (DEC 2010)
   • Government Property. (APR 2012)
   • Termination for Convenience of the Government (Services) (Short Form). (APR 1984)
   • Default (Fixed-Price Supply and Service). (APR 1984)
   • Clauses Incorporated by Reference. (FEB 1998)
   • Computer Generated Forms. (JAN 1991)
10. LIST OF ATTACHMENTS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

I. Background

1. The Equal Employment Opportunity Commission (EEOC) is authorized by statute to use the services of State and Local Fair Employment Practices Agencies (FEPAs) to assist it in meeting its statutory mandate to enforce Title VII of the Civil Rights Act of 1964, as amended (Title VII); the Age Discrimination in Employment Act (ADEA) of 1967, as amended; the Americans with Disabilities Act (ADA) of 1990, as amended; and, the Genetic Information Nondiscrimination Act of 2008. The EEOC also recognizes the need to ensure the employment rights of individuals granted by Federal, State, and Local anti-discrimination laws.
2. As part of the Congressional mandate, the EEOC is required to establish an integrated system for a more expeditious resolution of employment discrimination charges. The EEOC has entered into a partnership with the FEPA, herein referred to as the Contractor, for continuous development and enhancement of this system.

II. Scope of Work

1. The Contractor agrees to work with the EEOC in the maintenance and enhancement of a national, integrated employment discrimination law enforcement and charge resolution system by accomplishing various objectives that include, but are not limited to, the following:
   1. Implementation by the Contractor of procedures that provide for professional 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, on an as needed basis;
   3. Use by the Contractor of an employment discrimination charge form that, within statutory limitations, is acceptable to the EEOC and the Contractor;
   4. Use by the Contractor of processing terminology (such as common language pertaining to types of resolutions) that is the same as or compatible with that used by the EEOC;
   5. The development and maintenance of a system to ensure that the EEOC and the Contractor maintain compatible procedural and substantive standards;
   6. The identification by the Contractor and the EEOC of legislative changes that may be appropriate for the establishment of integrated and efficient charge processing systems; and
   7. Use of an effective case management system, and as applicable, adherence to a Charge Resolution Plan that:
      1. enhances quality and efficiency in the Contractor's charge resolution systems;
      2. establishes annual charge resolution objectives and provides mechanisms for fixing accountability and measuring progress toward those objectives;
      3. develops procedures and processes designed to reduce inventories of dual-filed charges that will ensure maintenance of a charge inventory of less than 365 days; and
      4. ensures that quality standards are met and are commensurate with the EEOC's policies and statutory responsibilities.
2. When an agreement on the above requirements is reached between the Contractor and the EEOC, they must be included as part of the executed Worksharing Agreement. The effective date of the Worksharing Agreement will run concurrently with the effective date of this contract. Upon execution, the Worksharing Agreement dated February 21, 2013, is incorporated by reference into this contract.
3. The Contractor and EEOC, as a condition to the maintenance of this contract, shall approve the Worksharing Agreement. Once the Contractor or the EEOC has been designated to process the charge, only the designated party will process the charge. The other party shall refrain from processing the charge pending completion by the initial processor to preclude duplication of effort.
4. The Contractor shall:
   1. Implement in partnership with the EEOC, a system that permits each party to perform various functions on behalf of the other, for example, accepting charges for each other, within the statutory limitations; and
   2. Commit itself to maintenance of effort. Should the Contractor or the governmental body that provides its funds (a) reduce the Contractor's resources in anticipation of or as a result of the EEOC contract funds, (b) place restrictions on the use of its funds, or (c) revise the Contractor's operating procedures or regulations that impact on its ability to perform under its contract, the EEOC may consider it to be a material breach of this contract and may, among other things, reduce its funding of this contract or require the return of all or a portion of the funds provided by the EEOC under this contract.
5. 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 FEPA for Fiscal Year 2013 are incorporated in their entirety into this contract.

III. Statement of Work

Processing of Charges - Title VII Charges, and/or ADEA Charges (if applicable), ADA and/or GINA Charges (if applicable):

1. The Contractor shall submit charges to the EEOC for contract credit including, but not limited to, no cause findings, successful settlements, successful conciliations, administrative resolutions, final orders issued following and pursuant to administrative hearings and litigation. The EEOC shall not award any contract credit 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.
2. All charges submitted for credit under this contract shall be completed by the Contractor between October 1, 2012 and September 30, 2013 as follows:
   1. All charges will be evaluated and determinations made in accordance with the theories of discrimination in employment as developed under Title VII, the ADEA, ADA, and the GINA, as appropriate.
   2. 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.
   3. All final actions, litigation, and intake services for which payment is requested under this contract will be processed and awarded contract credit in compliance with the State and Local Handbook, the ADA Technical Assistance Manual for ADA charges, and the Worksharing Agreement.
   4. 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. The fifteen-day period during which a 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.
   5. Contract credit submissions that are not final dispositions will include:
      1. Charges to be litigated by the Contractor where the EEOC receives copies of the complaints bearing confirmation of the filing dates with the Court, or other appropriate official confirmation of the filing dates of the complaints;
      2. Certain types of charges that must be transferred to the EEOC that are not final actions by the Contractor, as specified in the State and Local Handbook and;
      3. Intake services by the Contractor where the EEOC accepts for processing a charge initially filed outside the jurisdiction of the Contractor, or any other FEPA, 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 the EEOC accepts for processing a charge initially filed with but not jurisdictional with the Contractor and the COR determines and justifies that there is a need to service charging parties who live at great distances from an EEOC or FEPA office.
   6. Charge resolutions submitted for contract credit pursuant to this contract will be identified by the Contractor by timely and accurate data entries on the EEOC IMS or any successor system, if applicable. Where the Contractor is not on the EEOC IMS or any successor system, charge resolutions submitted for credit pursuant to this contract will be designated in a monthly status report from the Contractor to the COR.
   7. All charges will be processed by the Contractor in accordance with the Contractor's applicable State or Local Laws.
   8. 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 (Services) (Short Form).
   9. 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 EEOC and other federal authorities including federal courts.

SECTION D - PACKAGING AND MARKING

Charge/case file material and reports to be furnished to the designated field office shall be through the regular U.S. mail and should be adequately packaged to assure safe delivery to the designated office.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

1. Inspection and Acceptance shall be made by the COR. Inspection and acceptance shall be made pursuant to the standards set forth in the EEOC's Compliance Manual, and applicable section(s) of the State and Local Handbook.
2. The COR will ensure that the Contractor maintains performance that is consistent with the criteria and requirements contained herein, as well as in the Substantial Weight Review Procedures and Worksharing Agreements. The EEOC District Office 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.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

1. The period of performance under this contract shall be from October 1, 2012 through September 30, 2013, with two one-year options to extend the term of the contract. (See Section I, 52.217-9 "Option to Extend the Term of the Contract".
2. The period of performance for Option Period I and Option Period II are as follows:
   
   Option Period I - October 1, 2013 through September 30, 2014
   Option Period II - October 1, 2014 through September 30, 2015

F.2 TIME OF DELIVERY/DELIVERABLES

1. When the Contractor enters a charge in the EEOC computerized Integrated Mission System (IMS) or any successor system the following procedures shall be used. The Contractor will:
   1. Make accurate and timely charge data entries in the IMS or successor system, and the Contractor is responsible for ensuring that all appropriate charge information is available for extraction by the collection manager in a timely manner. Charge resolutions submitted for contract credit review will not be accepted for payment if it is determined that any required data entry has not been made by the FEPA. A determination not to award contract credit made may be reversed under the procedures set forth in Section IIl.B.5.a. of the FY 2013 Contracting Principles.
   2. Enter basic charge data into the IMS or successor system within five days of the Contractor's receipt of each charge as set forth in Section IIl.B.5.a of the FY 2013 Contracting Principles in order to be eligible to receive contract credit.
   3. Provide EEOC with a list of final actions within a time frame agreed upon by the COR and the Contractor, but usually no later than 30 days after the resolution of each charge to meet the requirement of Section III. B.2 of the FY 2013 Contracting Principles. The Contractor must ensure the timely and accurate entry of data into the IMS or successor system. The COR will generate charge data lists and reports through the IMS or successor system to verify that this requirement is being met throughout the term of this contract.
   4. Enter all charge data for contract credit submissions through each quarter not later than the 8th calendar day of the month following each quarter.
2. When the Contractor is not on the IMS or successor system, the following procedures shall be used. The Contractor will:
   1. Submit monthly contract production reports to the COR for review. The monthly reports shall consist of EEOC Forms 322 - FEPA Performance Report and 472 - FEPA Charge List. Upon award of the contract, the monthly reports must be received by the COR not later than the 8th calendar day of the month following each month.
   2. Furnish to the COR, separate written reports as may be expressly required.
   3. Provide the EEOC with a list of charge resolutions with respect to dual-filed charges within a time frame agreed upon with the COR, but no later than thirty (30) days after the charge resolution dates. The lists of charge resolutions will be provided on EEOC Form 472. After receipt of the lists, and when requested by the COR, the Contractor will forward all charge file information, or a copy of such information, within five workdays of the requests. The COR may extend or reasonably alter the five-day time frame as deemed necessary and appropriate (For non-certified Contractors, file information must be submitted within five days of submission of the Form 472/resolution listing unless the time frame is extended or otherwise modified by the COR). 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 the EEOC of EEOC Form 322 and EEOC Form 472. All reports covering the first three quarters of the FY 2013 contract must be received by the EEOC prior to September 30, 2013.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION DATA

1. Contracting Officer: See Block 20A of SF 26
2. Inspection and Acceptance: See Section E of the Schedule
3. Accounting and Appropriation Data: See Accounting Line, Accounting and Appropriations Data
4. Contracting Officer's Representative: Carlos Villescas
   Deputy Director
   Charlotte District Office
   Telephone: (704) 954-6423
5. Paying Office: See Block 12 of SF-26
6. Program Director: Michael J. Dougherty, Director
   State and Local Programs
   Office of Field Programs
   131 M Street, N.E., Fifth Floor
   Washington, DC 20507
   Telephone: (202) 663-4801

G.2 CONTRACTING OFFICER

The Contracting Officer shall be the only individual authorized to modify any of the terms of the contract or redirect the efforts of the Contractor.

G.3 CONTRACTING OFFICER REPRESENTATIVE

The EEOC State and Local Coordinator/Program Manager for the District Office will serve as the Contracting Officer's Representative (COR) during the performance of this contract. The name of the authorized COR will appear in Section G.1 Contract Administration Data. The COR shall monitor the contract for the Program Director and provide the Contractor with technical guidance. Technical guidance shall mean providing details or interpretation of the scope of work and the requirements set forth in the contract. It is intended that any details, interpretations or suggestions furnished shall not constitute any changes in terms and conditions of the contract. The COR 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. The COR is responsible for providing oversight to the District Office District Resource Manager (DRM) for the preparation of the official receiving report to record acceptance in EEOC's financial system procurement module. No payment may be made until a properly completed receiving report is transmitted to the payment office.

G.4 INVOICING INSTRUCTIONS

1. The Contractor shall submit an original invoice(s) and any other information required to make payments to the following address:
   
   US Equal Employment Opportunity Commission
   P O Box 8790
   Reston, VA 20195-2690
2. The contractor may submit an invoice electronically to the following e-mail address: eeocinvoice@gcecloud.com.
3. A copy of the invoice must be sent to the designated COR.

G.5 PAYMENT SCHEDULE

Upon contract execution, an advance payment invoice not to exceed fifty (50) percent of the number of charge resolutions stated in the contract, submitted by the Contractor. Subsequent payments will be based on the Contractor's actual production of accepted charge resolutions. The contractor can submit invoices for actual production on a quarterly basis (April 12, July 12, and October 11, 2013). No payment will be made until the contract and subsequent modifications, if any, are returned, properly executed, to the Equal Employment Opportunity Commission, Acquisition Services Division, 131 M Street, N.E., 4th Floor, Washington, D.C. 20507.

G.6 CONTRACT ADJUSTMENTS FOR TRAINING

The EEOC may adjust the contract for training when the following conditions exist:

1. If the Contractor has not invoiced for training completed within a thirty (30) day period, the Contracting Officer may 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 Contracting Officer may unilaterally modify the contract to provide funds for training in accordance with the government's revised estimate
3. .

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 TITLE VII, ADA AND GINA CONFIDENTIALITY PROVISIONS

1. The Contractor agrees to abide by the confidentiality provisions of Title VII, ADA and the GINA as those provisions are interpreted by the EEOC. The Contractor shall not make public in any manner whatever the following information if said information was obtained from the EEOC:
   1. The existence of a Title VII, ADA and/or GINA charge filed by a particular charging party against a particular respondent, unless a Title VII, ADA and/or GINA lawsuit has been instituted,
   2. Information obtained by the EEOC pursuant to its investigation authority (Section 709(a)), unless a Title VII, ADA and/or GINA lawsuit involving that information has been instituted and,
   3. Things said or done by the parties (i.e. charging parties and respondents, and the EEOC) during the settlement efforts or conciliation of a charge, unless a Title VII, ADA and/or GINA lawsuit has been instituted.
   4. Pursuant to Paragraph 5(b) of the EEOC Memorandum of Understanding with the Office of Federal Contract Compliance Programs (OFCCP), information compiled by OFCCP and provided to the EEOC may be provided to an FEP Agency (i.e. the Contractor) upon its request. It is further understood and agreed that the Contractor will not disclose to the public any such information without first requesting and obtaining the express written approval of the Director of OFCCP.
2. EEOC-furnished EEO Reports may be made public by the Contractor during a hearing conducted by the Contractor that involves the above information.

H.2 CONTRACT ADJUSTMENTS

1. The COR 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.
2. 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 government may unilaterally modify the contract price and the total number of charge resolutions (downward adjustments) to reflect the annualized charge production projection.
3. The government has the unilateral option to increase the number of contracted charge resolutions and/or intake services (upward adjustments), based on the actual or projected production of charge resolutions and intake services.

H.3 RIGHTS IN DATA

The Government shall have access to all case files created and developed in the performance of this contract at all reasonable times when they are in the possession of the Contractor. The Contractor shall have access to such case files at all reasonable times while they are in the possession of the EEOC. 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 shall indemnify the Government, its officers, agents, employees and assignees, for all claims of any nature arising out of the performance of this contract, including costs and expenses resulting from such claims.

H.5 ACKNOWLEDGMENT OF GOVERNMENT

The Contractor agrees that in the communication or release of all information concerning work performed or work to be performed under this contract, such communication or release, written or oral, shall be jointly approved by the COR and the Contractor, and shall include a statement indicating that the project or effort is co-sponsored by the EEOC.

H.6 DIRECT AND INDIRECT COSTS

This is a fixed price contract. No additional funds will be added for direct or indirect costs incurred by the Contractor in the performance of services that exceed the unit price(s) indicated in the pricing schedule.

H.7 NOTICE OF ADVERSE COURT ACTION

The Contractor will provide written notification to the Program Director of any adverse local, state, or federal court decision issued against the Contractor relevant to the Equal Opportunity clause in Section I of this contract. Such notice shall be provided within ten (10) days of the court's decision.

H.8 PRIVACY ACT

This contract requires the collection, creation and maintenance of records that 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 the EEOC's Privacy Act System EEOC-3, "Title VII and ADA Discrimination Case Files", or Privacy Act System EEOC-1, "Age and Equal Pay Discrimination Case Files". The contents and operation of these systems are described in Federal Register Notice, "Privacy Act of 1974; Publication of System of Records, Proposed New Systems and Proposed New Routine Uses", dated July 30, 2002, 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 SYSTEM - DATABASE

The Contractor is expected to reconcile its data base with the EEOC's data base as necessary and appropriate. If significant discrepancies occur and cannot be eliminated through a routine reconciliation, the EEOC may request a hard inventory of the Contractor's charge inventory. Such hard inventory must be conducted in accordance with guidelines prescribed by the EEOC.

SECTION I - CONTRACT CLAUSES

52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months.

(End of clause)

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far/index.html.

(End of clause)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

Attachment A - Worksharing Agreement for FY 2013

Attachment B - SF LLL, Disclosure of Lobbying Activities, 2 Pages

Attachment C - Federal Register Notice, Dated April 26, 2006 and July 30, 2002