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HomeMy WebLinkAboutContract 6261662616 45310025C0021 Page 2 of 18 TABLE OF CONTENTS: Listingof Incorporated Pin•chase Requisitions ......................................................................................................................................3 SectionB- Supplies or Services and Prices/Costs ..................................................................................................................................3 Sectim� C - Description/Specificatio�is/�Vorl: Stateme�it .......................................................................................................................5 SectionD- Pacl<aging anci Marlcing .......................................................................................................................................................8 SectionG- Inspection and Acceptauce Terms ....................................................................................................................................... � SectionI' - Delive�•y or Performance .......................................................................................................................................................� SectionG- Contract Aclministr�►tion D�ta .......................................................................................................................................... 10 SectionH- S��ecial Contr�ct Requirements ........................................................................................................................................ 13 SectionI- Contr�ct Cl�uses ................................................................................................................................................................. 15 Section J- List of Docwnents, Gshibits, and other Att�clunents ....................................................................................................... 17 45310025C0021 Page 3 of 18 Listing of Incorporated Purchase Requisitions Incorporated Purchase Requisition Numbers: FP250045 Section B- S�applies or Services and Prices/Costs Item Number Base Item Supplies/Services Quantity Unit Number 0001 TITLE VII, ADEA, ADA, PWFA AND 103 EA GINA CHARGE RESOLUTIONS ContractType:Firm Fixed Price Unit Price $830.00 Extended Price $85,490.00 Description: Processing and Resolving, Title VII, ADEA, ADA, PWFA and GINA Charges. Each Charge must have been filed since October 1, 2020, (or since October 1, 2019, for each charge where a determination of reasonable cause is issued and the charge is processed through hearings and/or litigation). Period of Performance: 10/01 /2024 — 09/30/2025. Purchase Requisitions FP250045 ACRN Funded Amount $85,490.00 IDC Type: Not Applicable Item Number Base Item Supplies/Services Quantity Unit Number 0002 TITLE VII, ADEA, ADA, PWFA AND 50 EA GINA INTAKE SERVICES ContractType:Firm Fixed Price Unit Price $125.00 Extended Price $6,250.00 Description: Provide Intake Services for charges, with interview notes, filed during the period October 1, 2024 to September 30, 2025. Period of Performance: 10/01/2024 — 09/30/2025. Purchase Requisitions FP250045 ACRN Funded Amount $6,250.00 IDC Type: Not Applicable 45310025C0021 Page 4 of 18 Item Number Base Item Supplies/Services Quantity Unit Number 0003 FY 2025 EEOC/FEPA TRAINING 1 LT ContractType:Firm Fixed Price Unit Price $2,000.00 Extended Price $2,000.00 Description: Training to facilitate successful completion of contract, including EEOC-Sponsored Annual Training. Period of Performance: 10/01/2024 — 09/30/2025. Purchase Requisitions FP250045 ACRN Funded Amount $2,000.00 IDC Type: Not Applicable Item Base Item Supplies/Services Number Number 0004 OPTION YEAR 1- TITLE VII, ADEA, ADA, PWFA AND GINA CHARGE RESOLUTIONS Description: Processing and Resolving, Title VII, ADEA, ADA, PWFA and GINA Charges. Each Charge must have been filed since October 1, 2021, (or since October 1, 2020, for each charge where a determination of reasonable cause is issued, and the charge is processed through hearings and/or litigation). Period of Performance: 10/01 /2026 — 09I30/2027. Purchase Requisitions IDC Type: Not Applicable Item Base Item Supplies/Services Number Number 0005 OPTION YEAR 1- TITLE VII, ADEA, ADA, PWFA AND GINA INTAKE SERVICES Description: Provide Intake Services for charges, with interview notes, filed during the period October 1, 2025 to September 30, 2026. Period of Performance: 10/01l2025 — 09/30/2026. Purchase Requisitions IDC Type: NotApplicable Item Base Item Supplies/Services Number Number 0006 OPTION YEAR 2- TITLE VII, ADEA, ADA, PWFA AND GINA CHARGE RESOLUTIONS 45310025C0021 Page 5 of 18 Processing and Resolving, Title VII, ADEA, ADA, PWFA and GINA Charges. Each Charge must have been filed since October 1, 2022, (or since October 1, 2021, for each charge where a determination of reasonable cause is issued, and the charge is processed through hearings and/or litigation). Period of Performance: 10/01 /2026 — 09/30/2027. IDC Type: NotApplicable Item Base Item Supplies/Services Number Number 0007 OPTION YEAR 2- TITLE VII, ADEA, ADA, PWFA AND GINA INTAKE SERVICES Description: Provide Intake Services for charges, with interview notes, filed during the period October 1, 2026 to September 30, 2027. Period of Performance: 10/01/2026 — 09/30/2027. Purchase Requisitions IDC Type: Not Applicable Item Base Item Supplies/Services Number Number 0008 OPTION YEAR 2— FY 2027 EEOC/FEPA TRAINING Description: Training to facilitate successful completion of contract, including EEOC-Sponsored Annual Training. Period of Performance: 10I01/2026 — 09/30/2027. Purchase Requisitions IDC Type: NotApplicable Clauses incorporated by reference None Clauses incorporated by full te� None Section C - Description/Specifications/Work Statement Clauses incorporated by reference None Clauses incorporated by full text 45310025C0021 Page 6 of 18 C C.1 Bacicground A. 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 meetin� its stahitory mandate to enforce Title VI[ of the Civil Rights Act of 1964, as amended (Title VII); the Age Disa•imination in Employment Act (ADEA) of 1967, as amended; the Amei•icans ��vitl� Disabilities Act (ADA) of 1990, as amended; the Genetic Information Nondiscrimination Act (GINA) of 2008; and the Pregnant Worl:ers C'airness Act (PW FA). The EEOC also recognizes the need to ensure the employment rights of individuals grante<I by Federal, State, �Il(I LOC�� flllil-CIISCI'II1lII1�T1011 I�111'S. B. The rCOC has entered into a partnership with the FEPA, herein referred to as the Contractor, for continuous development and enh�ncement of this system. C.2 Scope of Worlc A. The Contractor agrees to ��vork with tl�e EEOC in the maintenance aud enhancement of a uational, inte�rated employment discrimi��ation la��v enforcetnent and charge resolution system by accomplishing various oUjectives that include, but are not limited to, the follo�ving: 1. Implementation by the Contractor of procedures that provide for pcofessional intal:e of all charges the FEPA initially receives, notification of dual-filed charges to respondents w�ithin 10 days, rebuttal opportunity for charging parties, determiiiations su��ported by evidence, resolutions �-vith remedies and resolution of charges on a current basis. 2. The h�aining of Contractor personnel in charge processing procedtn•es comparable to those of the EEOC, on an as i�eeded basis. 3. Use by the Contractor of an en�ploymei�t discriuiination charge form that, ���itliiu statutory limitations, is acceptable to the EEOC and the Contractor. 4. Use by the Contractor of processing teru�inology (such as common language pertaining Yo types of resolutions) tl�at is tlle same as or cou�pai•able to that �ised by tlie EEOC. 5. The development and maintenance of a system to ensw•e that the EEOC and the ConU•actor maintain comparable procedural and subst�ntive standards. 6. The identification by the Contractor and the EEOC of legislative changes that may be appropriate for the estaUlishment of integrated and efficient charge processing systems. 7. Use of an effective case management system that: a. enhances quality �nd efficiency iu the Contractor's charge resolution systems; b. establisl�es annual charge resolution objectives and provides mechanisms for fixing accountability and measurin� progress toward those objectives; c. develops procedures and processes tl�at ��vill ensw•e maintenance of a charge inventory of less tl�an 365 days; and d. ens�n•es that quality standards are met and are comp�rable to or co�nmensurate with the EEOC's policies and statutory responsibilities. B. When an agreement on the aUove requirements is reached between the Contractor and the �EOC, they mtist be included as part of the executed Worksharing Agreement. Upon execution, the Worl<sharing Agreement dated l0/11/2024, is incorporated by reference into this contract. C. The Contractor and EEOC, as a conditiou to the maintenance of this contract, shall approve the Worksharing Agreement. Once the Contractor or the EEOC has been desigi�ated to process the dual-filed charge, the designated party �vill process the charge. The other party shall refrain from processing the dual-filed charge pending com��letion by the initial processor to prevei�t duplicatioi� of effort. D. The Contractor shall: 45310025C0021 Page 7 of 18 implement in partnership with the G�OC, a system that permits each party to perform various functions on beh�lf of the other, such as, accepting charges for each other, ��vithin the statutory limitations; and commit itself to maintenance of effort Should tl�e Contractor or the government�l body that provides its funds (a) reduce tl�e Conh�actor's resources in anticipation of or as a result of the EEOC contract funds, or (b) place restrictions on the use of its funds, or (c) revise the Contractor's operating ��rocedures or regulations that impact its ability to perform under its contract, the �EOC may consider it to be a material breach of this contract and may, among other thu�gs, reduce its f�u�ding of this contract or require tl�e return of all or a portiou of the fiinds provideci by the CEOC under this contract. E. It is understood and expressly �greed to Uy both parties to this contract that all provisions of the EEOC's current Contracting Principles are incorporated in their entirety into this contract. Not��vithstanding ai�y provisions in the Statement of \�Vorl< or else��vhere in this contract, this contcact, inclusive of any amendments/modifications, does not cover—and the EEOC c�nnot accept for ccedit— ai�y �,vorl: that the EEOC. and its agents are enjoined from pecforiuing because of a co�irt order. C.3 Statemeut of ��orlc Processing of Charges - Title VII, PWFA, ADA, GINA and ADEA Charges, as applicable: A. The Contractor shall submit dual-filed charges to the EEOC for contract credit includinb, but not limited to, no cause findings, successful settlemeuts, successfW conciliations, administrative resolutions, and final orders issue<l follo�a�ing and pursuant to administrative hearings. 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. B. All charges subinitted for ci•edit under tltis contract sl�all be completed by the Contractor beriveei� October 1, 2024 and September 30, 2025 according to the following provisions, 1. All charges �vill be evaluated and determinations made in accordance �,vith the theories of discrimination ii� employment as developed under Title VII, P\�VFA, ADA, GINA, and ADEA, or other comparable local standards, as applicable. 2. lnvestigation ai�d resolution of individual charges pursuant to this contract shall be conducted in a manuer designed to effectuate relief for the cl�arging party and shall be carried out as e�peditiously as possiUle. 3. All final actions and intal:e services for which payinent is requested under this contract will be processed a�ld a�varded contract credit in compliance with the State, Local, and Tribal Handbool: and the Worl:sharing Agreement. 4. Contract credit submissions will include final dispositioi�s of dual-filed charges (i.e., 6nal actious). When admii�istrative appeal ri�hts exist, the final disUosition of a charge occw•s only after the time for appeal has expired or the appeal has been processed to completion. ln 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 �a�here an administrative appeal is provided, ���hether the case is administratively resolved, dismissed, decided, or ��vl�e�� no cause is found. The fifteen-day pei•iod durin� ��vhich a Substantial Weight Review n�ay be requested and/or the period dw•ing ��vhich a Substai�tial Weight Revie�v is coi�ducted is not considered for the pwposes of computing the operative date of the iin11 disE�osition of a charge. Contract credit submissions that are not final dispositions will include: a. dual-filed charges to be litigated by the Contractor where the EEOC receives copies of the complaints bearing confirmation of the filing dates �,vith the Conrt, or other appropriate official confirmation of the filing dates of the complaints; 45310025C0021 Page 8 of 18 b. certain types of dual-filed charges that must be transferred to the EEOC th�t are not fival actions by tlie Contractoi•, as specified in the State, Local, and Tribal Handboolc; and c. contract credit for intal<e services may be givei� �-vl�en the EEOC accepts for processing a charge initially filed witli but notjw•isdictional for the Conh�actor. Contract credit for intal<e services may be granted when the Contractor has submitted all charge intal:e documentation (e.g., com�lete intal:e interview� notes, signed and dated charge of discrimination) and proof of timely charge service ou the employer. 6. Dual-filed ch�rge resolutions submitted for contract a•edit pursuant to this contract �>>ill be identified b}� the Contractor by tiroely and accurate data entries on the EEOC Agency Recoi•d Center (ARC) or any successor system, if applicable. A�Vhere the Contractor uses the EEOC's Gateway system to ARC, charge resolutions submitted for credit pursuant to tl�is contract ��vill be designated in at least a monthly status report fi•oin the Contractor to the COR. 7. All charges will be processed Uy the Contractor in accordance �vith the Contractor's applicable state or local la�vs. 8. Contract credit ��vill not be allo��ved for any chaige subject to a processing fee. If such a fee is imposed or impiemented during the period of the contract, the contract may be terminated in accordance ��vith Clause 52.249-4, Termination for Convenience of the Covernment (Services) (Sl�ort Fortn). 9. The Contractor ��vill ��reserve all case files and recoi•ds relevant to all dual-filed charges or actious until fin�l disposition of such charges or actions by tl�e Contractor Tud the EEOC and otlier federal authorities inchiding fedecal coiu•ts. Section D- Packaging and Marking None Clauses incorporated by reference None Clauses incorporated by full text D Charge/case file materials must be uploaded into the EEOC's Agency Record Center (ARC) and or EEOC Secure Share Section E- Inspection and Acceptance Terms None Clauses incorporated by reference 45310025C0021 Page 9 of 18 None Clauses incorporated by full text E E.1 INSPGCTION AND ACCGPTANCC A. Inspection �nd acceptance shall be made by the COR. ]nspection ai�d accept�nce shall be made plusuant to the standards set forth in applicable section(s) of the State, Local, aud Tribal Handbook. B. Tl�e COR will ensure that the Contractor maintains performauce that is consistent ���ith the criteria and requirements contained herein, as �vell as in the Handbook and \\�orl:sh�ring Agreement The EEOC District Office �-vill conduct an on-site evaluation of the investigative and �dministrative charge processin� procedw�es of the Contractor, as needed. Accordingly, the Contractor is expected to comply w�ith reasonable requests for providing and/or mal:ing available information concerning various aspects of their processes and procedures as they relate to or impact on the management and disposition of tl�e dual- filed inventory. Section F- Delivery or Performance Line Item: 0001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address 10/1/24 9/30/25 EEC Location 131 M Street, NE Washington DC US 20507 Line Item: 0002 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address 10/1/24 9/30/25 EEC Location 131 M Street, NE Washington DC US 20507 Line Item: 0003 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address 10/1/24 9/30/25 EEC Location 131 M Street, N E Washington DC US 20507 Clauses incorporated by reference None Clauses incorporated by full text 45310025C0021 Page 10 of 18 SECTION F- DELIVERIES OR PERFORMANCE F.1 PERIOD OP' PERFORNIANCC A. The period of performance tu�der this contract shall be fi•om October 1, 2024 throtigh September 30, 2025, ��vith t�-vo, one-year o��tions to extend the term of the contract�. (See Section I, 52.217-9 "Option to E�tend the Term of the Contract"). B. The period of performance for Option Period I and Option Period II are as follo�vs: Option Period I— October 1, 2025 through September 30, 2026 Option Period II — October 1, 2026 through September 30, 2027 F.2 TIn9� Or DCLIVCRI'/DGLIVLRAE3LES A. When the Contractor enters a charge in the EEOC com��uterized Agency Records Center (ARC) or any successor s}�stem, the following procedw•es will be used. 1. ��lal:e accurate and timely charge data eiitries in ARC or suceessor s}�stem, aud the Contractor is responsible for ensuring that all appropriate charge information is available fot• extraction by the collection manager in a timely mani�er. Dual-filed charge resolutions submitfed for contract credit review �vill not be accepted for payment if it is determined that any required data entry has not beeii made by the FEPA. A determination not to award contract credit �nade may be reversed under the procedw•es set forth in Section IILB.4.a. of the curre��t Contractii�g Principles. 2. Cnter basic charge data (including parties' email addresses if available) into ARC or successor system ��vitl�in five (5) business days of tl�e Gontractor's receipt of eaeli charge as set forth in Section III.B.4.a of the currei�t Contracting Principles in order to be eligible to receive contract a•edit. 3. Upon EEOC request, FEPA �-vill provide a list of final actions ��vithin ai� agreed upoii time, but usually no later than 30 c�lendar days after the resolution of each charge. 4. Enter all charge data before rec�uesting contract credit. Whei� tl�e Contractor uses the EEOCs Gate��vay system to ARC or any successor system, the follow�ing procedures sh�ll be used. The Contractor ��vill: 1. submit montl�ly coi�tract production reports to the COR for review. Upon a���ard of the contract, report for each ii�onth must be received by the COR not latec than the Stl� business da}� of the subse�uent 171011t�1. 2. Furnish to the COR, separate wcitten reports as may be expressly required. 3. When requested by the COR, tl�e Contractor will for�vard all charge file information, or a co}�y of such information, �vithin five business days of the requests through a mutually agreed upon secured method. The COR may extend or reasonably alter the five-day time frame as deemed necessary and appropriate. Failure to timely submit reports and charge file information will result in the denial of contract credit for the affected resolutions. Section G- Contract Administration Data Total Obligated Amount:$93,740.00 The Obligated Amount is broken down by line of accounting as follows: Contract ACRN: LOA:202510100B2525DI10SLPPS�FPSLP�NA�251010�999996�9999�SLC u nt: $85, 490.00 45310025C0021 Page 11 of 18 Address 131 M Street, N.E., 5th Floor Washington DC 20507 Phone: Contact Details: Yao, James JAMES.YAO@EEOC.GOV COR Office Address 207 S. Houston Street Dallas TX 75202-4726 Phone: 210-281-7627 Contact Details: Iss 131 M Street, N.E., 4th Floor Washington DC 20507 Phone: Contact Details: Adams, John D iohn.adams al�eeoc.qov Submit Invoices To Fax: Fax: 210-281-2522 Fax: 202-663-4178 Email, eeoc_vendor_payments_ibcdenver@ibc.doi.gov Denver CO 80225 Phone: Fax: Contact Details: ministration Office Address 207 S. Houston Street Dallas TX 75202-4726 Phone: 210-281-7627 Contact Details: Remit To Office Address EEC Payment, Interior Business Center s- Fax: 210-281-2522 45310025C0021 Page 12 of 18 Attn: EEOC Invoice Processing Team One Denver Federal Center Bldg 48, Mail Stop D 2770 Denver CO 80225 Phone: Fax: Contact Details: Clauses incorporated by reference None Clauses incorporated by full text G G.1 CONTRACTADI��IINISTRATION DATA A. Contracting Officec: See Blod< 20A of SF 26 B. Inspection and Acceptaiice: See Section E of the Schedule C. Accounting and Appropriation Data: See Accounting Line, Accounting and Appropriations Data D. Contracting Officer's Represent�tive: Hector Colon-Padro EEOC State, Local and Tribal Program Manager EEOC Dallas District Office Office Telephone: (210) 640-7546 Email: Hector.Colon-Padro(D.eeoc.qov E. Paying Office: See Blocl: 12 of SF-26 F. Program Contact: James Yao, Deputy Director State, Local and Tribal Programs Office of Field Programs 131 M Street, N.E., Fifth FloorWashington, DC 20507 Telephone: (202) 921-2886 Email: james.vao(a�eeoc.qov G.2 CONTRACTING OP'�ICER 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 OFFICCR RGPR�SENTA`TIV� The EEOC State, Local and Tribal 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 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 receipt to record acceptance in EEOC's financial 45310025C0021 Page 13 of 18 system. No payment may be made until a properly completed receipt is entered for the payment office. G.4 INVOICING INSTRUCTIONS A. A copy of the original invoice shall be sent to the COR for review and approval prior to submitting the voucher to IBC. B. The original invoice required to mal<e payment to the Contractor may be sent electronically by the COR or the Contractor to the follo���ing e-mail address: eeoc_vendor�ayments_IBCDenver a IBC.DOI.Gov G.5 PAl'1VICNT SCIICDULC Upon contract execution, an advance payment invoice not to exceed twenty-five (25) percent of the number of charge resolutions stated in the contract may be submitted by the Contractor. Subsequent payments will be based on the Contractor's actual production of accepted charge resolutions. No payment will be made until the contract and subsequent modifications, if any, are digitally returned, properly executed, to the Equal Employment Opportunity Commission, Acquisition Services Division. G.6 TRAIMNG SUPPORT/CONTRACT ADJtISTMGNTS Relative to training, the Contractor may voucher and provide receipts within 10 business days after completing the training. The EEOC may adjust the contract for training when the following conditions exist: A. If tlie Contractor has not invoiced and provided receipts for training w�ithin ] 0 business days of completing the training, the Contractin� Officer may wiilaterally deobligate funds allocated for the training. B. In the event the government determines before training is to be conducted that the amount of fiinds 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. Section H- Special Contract Requirements Clauses incorporated by reference None Clauses incorporated by full text H H.1 TITLG VI1, ADA, GINA and PWrA CONFIDGNTIALITY PROVISIONS A. The Contractor agrees to abide by the confi<lentiality provisions of Title V1I, ADA, G1NA and the PWFA as those provisions are interpreted by the EEOC. The Contractor shall not mal<e public the following infocmation, if said information ��vas obtained from the EEOC, unless required by cow•t order: 1. The eaistence of a Title VII, ADA, GINA, and/or PW�A charge filed by a p�rticular charging pacty against a particular respondet�t, unless a Title VII, ADA, G[NA and/or P\�FA law�suit has been instituted based upon the charge. 2. Information obtained by the EEOC pursuant to its investigation authority (Section 709(a)), unless a Title VII, ADA, GINA and/or PWFA la�a�suit involving that information has been instituted. 3. Tl�ii�gs said or doi�e by the parties (i.e., charging parties a�id respondents, and the EEOC) durin� the settlement effocts or conciliation of a charge. 4. Pursuant to Paragraph �4(b) of the EEOC Memorandum of Undeistai�ding �,vith the Office of Federal 45310025C0021 Page 14 of 18 Contract Compliance Programs (OFCCP), information compiled Uy OFCCP and provided to the EEOC may be provided to �n FEP Agency (i.e., the Contractor) upon its request. It is further understood �nd a�reed that tl�e Contractor �-vill not diselose to the public any such infornlation without fiist requestinb and obt�inin� the eapress ���ritten approval of the Director of OFCCP. H.2 CONTRACT ADJUSTMCNTS A. The COR will revie�-v production on a quarterly basis. The Contractor is expected to produce ap�n•oximatel}� U4 of the total chaige resolutions required under the contract each c�uarter. If the aiinualized linear production of tl�e Contractor's actual production at any time indicates that tlie Contracror is producing at a i•ate that ��vould not meet the number of charge resohitions required w�der the contract, the government may unilaterally modify the contract price and the total n�imber of charge resolutions (do�vn�,vard adjustments) to refilect the annualized charge production projection. 3. The government has tl�e unilateral option to increase the number of contracted charge resolutions and/or intal<e services (up��vard adjustments), based oi� tl�e actual or projected production of cl�arge resolutions and intal:e services. H.3 RIGHTS IN DATA The Government shall have access to all case files for dual-filed charges 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 dual-filed 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 either the Contractor or the EEOC except as authorized in accordance with the Confidentiality Provisions set forth at paragraph H.1 and the Privacy Act requirements in paragraph H.8. H.4 INDCMNIFICAT[ON To the extent permitted by the law, 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 ACI<NOV1'LGDGMENT OF GOVERNMGNT 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 EEOC and the Contractor. H.6 DIRGCT ANU INDIR�CT 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 NOTIC� OP' ADVGRS� COURT ACTION The Contractor will provide written notification to the Program Contact 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) business 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, Americans with Disabilities Act, and Genetic Information Nondiscrimination Act 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 Notices of Systems of Records and Proposed New Systems of Records", dated November 17, 2016, 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 CHARGC DATA Sl'STGn9 - DATAI3ASG The Contractor is expected to reconcile its database with the EEOC's database as necessary and appropriate. If signifcant 45310025C0021 Page 15 of 18 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. H.10 Information Secw•ity, Related to Use of GEOC's Agency Records Center (ARC) OR Successor System FEPA Directors are responsible for authorizing ARC account creation and determining the appropriate level of system access to provide each user by employing the concept of least privilege - providing the minimal level of access required to perform theirjob functions. When determining the appropriate level of access for a user, the FEPA Director must consider the status of the user's government background investigation (whether completed or in-process). EEOC policy is to IimiUrestrict a user's system access until the background investigation is completed. FEPA Directors must ensure that, upon a user's separation, ARC or successor system access is removed and system accounts are disabled as of the close-of-business on the employee's separation date. Inactive accounts (accounts that have not been logged in within 30 days) will be disabled by the EEOC. A certification of system accounts by each FEPA Director must be performed at least annually. During this review a list of active system users will be forwarded to the FEPA Director for their review. Each FEPA Director or their designee must review the account listing to ensure that all individuals listed for each system have the need and the proper level of access for each system. Any modifications or deletions must be forwarded by the FEPA Director to EEOC for action and the Director must then certify the accuracy of the report before returning it to EEOC. Users must access ARC or successor system from workstations that are compliant with the software baseline, security and privacy policy requirements of their state/local government oversight bodies. At a minimum, workstations must include compliant software, anti-malware, data at rest (DAR) protection that is updated on a regular basis, to meet all available protection options. All workstations must be secured, screen-locked or locked down when not in use. FEPA Directors are responsible for ensuring that their employees, contractors, contingent workers, and all other users of EEOC's ARC or successor system receive Information Security Awareness Training on an annual basis. Each FEPA location will formally designate an Information Technology (IT) and Information Security (INFOSEC) point of contact (POC) and relay the POC to EEOC. Section I - Contract Clauses Clauses incorporated by reference None Clauses incorporated by full text 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 prior to the contract expiration date; 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. 45310025C0021 Page 16 of 18 (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.qov/far/index.html. (End of clause) Clause Number Clor�se Title 52.202-1 Definitions. (JUN 2020) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020) 52.203-7 Anti-Kickback Procedures. (JUN 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (NOV 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-12 Unique Entity Identifier Maintenance. (OCT 2016) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.204-23 Prohibition on Contracting for Hardware, Software and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. (NOV 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Videos Surveillance Services or Equipment. (NOV 2021) 52.209-6 Protecting the GovernmenYs Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) 52.215-2 Audit and Records - Negotiation. (JUN 2020) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.222-3 Convict Labor. (JUN 2003) 52.222-21 Prohibition of Segregated Facilities. (APR 2015) 52.222-26 Equal Opportunity. (SEPT 2016) 52.222-35 Equal Opportunity for Veterans. (JUN 2020) 45310025C0021 Page 17 of 18 52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020) 52.222-37 Employment Reports on Veterans. (JUN 2020) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons. (NOV 2021) 52.222-54 Employment Eligibility Verification. (MAY 2022) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (JUN 2020) 52.224-1 Privacy Act Notification. (APR 1984) 52.224-2 Privacy Act. (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021) 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments). (FEB 2013) 52.232-1 Payments. (APR 1984) 52.232-8 52.232-11 Extras. (APR 1984) 52.232-25 Prompt payment. (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer System for Award Management. (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.242-2 Production Progress Reports. (APR 1991) 52.243-1 "A1 Changes - Fixed-Price. (AUG 1987) - Alternate I(APR 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services. (NOV 2023) 52.245-1 Government Property. (SEP 2021) 52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984) 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.253-1 Computer Generated Forms. (JAN 1991) Section J- List of Documents, Exhibits, and other Attachments None 45310025C0021 Page 18 of 18 Clauses incorporated by reference None Clauses incorporated by full text Attachment A- Worksharing Agreement for FY 2025 Attachment B- SF LLL, Disclosure of Lobbying Activities, 2 Pages Attachment C- Federal Register Notice, Dated November 17, 2016 1/G/25, 2:,18 PM ACCJWl'F.D AND AGH.ltlW: C!J'J'Y OF J.i'OHT WOH'l'H: '()11,M, 'Suf:#.Ml!ll-n y: Oan.>Ourr,hdo(f(J;in�,20151(6� Nm1w: Dunn n111·gh<101r 'J'illu: /\ssisl1111l C:il)' IVlnllnglW Dale: APPHOVAT, Hl�CO]V/Mli:Nm:n: IJy: ·christina Brool<s Nnmo: Chl'islhm llroolrn Tille: Dl1·cc101·, Diversity & lnchrnlun A'I"l'JW'l': Jannette S. Goodall By:, ____ _ Name: Jannette Goodall TIiie: City ScurOIHl'Y Signature: • CPytrc,J,1r-. C111hllnl Oroo�, (Ju, 6, 20JS 15'.05 C5TI Enrnil: christina,broo1<s@forlwortl1texas.gov Signature: Jannette S. Goodall Email: j11nnette,goodall@fortworthtexas.gov Signature: fn<u..? G'6£1.,_ Email: Ronald,Gonzales@fortworthtexas.gov /7)_ •• -w�u;at Signature: c= Email: allison.tidwell@fortworthtexas.gov :z12fj,pn,J (102ox1320) CSCO/1 _______ _ CONTHAC'J' COMPLIANCE MANAGml: ny nlenlng I 1wl:11owlcdl\u lhnl I am ilrn pcrnnn rcsj)onsll>!c 1hr lhu llHlllilorlng IIIHI ndml11lslrnlion ol' lhl� nonlrncl, inolu<ling c11s111fog nil pc1fo1·n11111cc 1111d 1·c1w1·ll111\ rcq11iromc11ts, n .1•: . {,>1JUv_L�Q.. ')11 bvt/\,LO;\v ''i>s:::--, Nwnc: J .11uric "Jvlnniolis Tille: Sr, I·h1man·l(cbi:fo'ns Invcsllgalc_)I' Al'J'ROVl�l> AS TO I•'Olll\11 ANI) LTCGAl.,1'1'\': N111nc: Jessika Wllll11n1s Tlllc: Asslstn11t Cil,I' Allorncy CON'l'HAC'J' A\J'l'HOllTZA'J'ION: M81C: WIii Selik rnlllio�llon after slgnnlurcs S• t . . 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