sr•ioo EECCN130021 10/01/2012 2113FPSLPOO54

5/15/2013 13:55 785—296—89 KS HUMiN RIGHTS COMM P,GE 3/3

j$

17. CONTRACTOR S NEOTlA7ED AGREEMENT I nt,ectors req ieo 6(gn 11)15

document and return 2 copies to iss&ng office.) Contractor agrees to

ftjrniah and deliver all items orper(omr all the services eat torth or otherwise ldcntiflcdabove and on any contInuation sheets lbf the conaldersUon elated herein. Tho rth id

obligations of the portico So this coritruct stroll be oubject to and governed by the l’oiIowlndocuments: (a) this awar&oOcrtract, (b) the solldtatlort. irany. and (c) such pro’1aIons

representatione, ceflltlcailons. and cpeclflcations. as era ttaohcd orirrcorporatcd by

16. U AWARD (Contraclot’ IS not required to sign this document.) Your offer

Solicitation Numcr

__________________________________________________________________

including the eddltiona or changes mode by you which addluona or ciranQes aro el forth

mt titill above, to hereby accptod cc to the Items listed above and on any condition

sheets, This award coneunanatea tire coc1raer which consiSts of tire following

docijrrtents: (a) the Govemrnertte aolldtston and your offer, and ) thIs awardlcontract.

No further contractual document is neceassly.

AWARDICI’tNT 1. THIS CONTRACT IS A RATED ORDER 1 RATING PAGE OF PAGESRACT UNDERDPAS(16CFR350) I [ 1 I S

2. CONTRACT Pu In ident,) NO. S. EFFECTIVE DATE 4. REc1U1SITION/PURCNASE REQ LIESTIPROJECT NO.

EECCN130021 10/01/2012 2113FPSLPOO54

S.ISSUEDBY OObE- CF.SD 8.ADMINISTEREDEY(ifotherthenltcmS) CODEJ___________________

Equ.al Etip1oyent Opportunity Cortim. Eua1 Employment Opportunity Comm.

131 M1 Street, N.E. 1222 Sprue Street4th Floor Robert A. Young Building Room 8100Washington DC 20507 St Louis MO 63103

7. NAME AND ADDRESS OF CONTRACTOR (No.. S#eeE CIry Coumry Stew and ZIP Code) 8. DELIVERY

FOB ORIGIN OThER (See beov4

STATE OF K1-N3AS OF HUWN RIGHT g.DISCOUNTFORPROMPTPAYMENT

00 SW JACKSON STE 568—5TOPEKA KS 66612

10. SUGMIT INVOICES ITEM

(4 cnpIe unlace otherwise epacilled)

TO ThE ADDRESS SHOWN IN

CODE 000254 FACILITYCODE

11. SHIP TOIMARK FOR CODE sr•ioo 12. PAYMENT WILL BE MADE BY CODE OCE

St. LouIs Distrio Office Equa] Employment Opportunity Comm.

Robert A. Young Building Room 8100 P0 Box 8790Loi MO 63103 Reston VA 20195—8790

15. AUThORITY FOR USING OThER ThAN FULL AND OPEN COMPEflTION: 14. ACCOUNTING AND APPROPRIAtiON DATA

L:J1ou.S.C.24c ) 41 u.s.c. 253 to 5 ) — See Schedule

15A. ITEM NO isa. SUPPL.IESI$ERVICES 150. 150. 1SE.UNITPRICE 1SF. AMOUNT

QUANTITY UNIT

ontinued150.TOTALAMOUNTOFCONTRACT j $440,900.0

IS. TABLE (‘ CONTENTS

X) SEC. DESCRIPTION IPAGEIS) lx) SEC. DESCRIPTION I?ASE(S

PT I • ThE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION100NTRAOT FORM 1 X I CONTRAGT LAUS8S 2

X B SUPPLIES DR $ERV1CES AND PRICES/COSTS 4 — PART III - LIST OF DOCUMENTS, EXHIGITS AND OTHER ATrACH.

X C DESCRIPTION/SPECSJWORKSTATEMENT 4 X J I i.)STOFATtACIMENTS

__ PACKAGING AND MARKING - 1 — PART IV REPRESENTATIONS AND INSTRLJC11ONS

X 5 iNSPECTION AND ACCEPTANCE 2 K REPRESENTATIONS. CERTIFICATIONS AND

_ F DELIVERIES OR PERFORMANCE 2 — OTHER STATEMENTS OF OFERORS

X G CONTRACT ADMINISTRATION DATA 3 — I. INSTRS.. CONDS.. AND NOTICES TO OFFERORS

X H SPECIAL CONTRACT REQUIREMENTS 3 — M EVALUATION FACTORS FOR AWARD

CONTRACTING OFFICER WILL COMPLETE lTM 17 OR 18 AS APPLICABLE

PrasolbeS by OSA

FAR (48 Cia) 55,214(a)N$N 7840-O1-152-eceePREVIOUS COITION IS UNUSASLO

REFERENCE N jF DOCUMENT BEING CONTINUED PAGE OFCONTINUATION SHEET EECCN130021 2 I 5NAME OF OFFEROR OR CONTRACTOR

STATE OF KANSAS OF HUMAN RIGHT

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(A) (B) (C) (D) (E) (F)

Period of Performance: 10/01/2012 to 09/30/2013

0001 TITLE VII, ADEA, ADA , AND GINA CHARGE 674 JA 650.00 438,100.00

RESOLUTIONS:

Processing and Resolving, Title VII, ADEA, ADA

and GINA Charges. Each Charge must have been

filed since October 1, 2008, (or since October 1,

2007, 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.

Obligated Amount: $438,100.00

Accounting Info:

45O1001313BD2O13O100001O13SLP00013PSOFPSLPOSLCROO—

FPSTLO—25l010

Funded: $438,100.00

0002 TITLE VII, ADEA, ADA, AND GINA INTAKE SERVICES: 28 JA 50.00 1,400.00

Provide Intake Services for charges, with

affidavits, filed during the period October 1,

2012 to September 30, 2013. at a price of $50 per

charge.


Accounting Info:

45O1001313BD2O13O100001O13SLP00013PSOFPSLPOSLINTK—

FPSTLO—251010

Funded: $1,400.00

0003 FY 2013 EEOC/FEPA TRAINING CONFERENCE: 1 JA 1,400.00 1,400.00

Training to facilitate succesful completion of

contract, which must include attendance at EEOC -

Sponsored Annual Conference.


Accounting Info:

45O1001313BD2O13O100001O13SLP00013PSOFPSLPOSLTRNG—

FPSTLO—251010

Funded: $1,400.00

Continued

NSN 7540-01-152-8067 — OPTIONAL FORM 336 (4-86)Sponsored by GSAFAR (48 CFR) 53.110

REFERENCE N iF DOCUMENT BEING CONTINUED PAGE OFCONTINUATION SHEET EECCN130021 3 I 5

NAME OF OFFEROR OR CONTRACTOR



(A) (B) (C) (D) (E) (F)

0004 OPTION YEAR 1 - TITLE VII, ADEA, ADA, AND GINA JA 0.00 0.00

CHARGE RESOLUTIONS:

Processing and Resolving, Title VII, ADEA, ADA,





processed through hearings and/or litigation) and


plan if applicable.

Obligated Amount: $0.00

Accounting Info:


FPSTLO—25l010

Funded: $0.00

0005 OPTION YEAR 1 - TITLE VII, ADEA , ADA AND GINA JA 0.00 0.00

INTAKE SERVICES:



2013 to September 30, 2014, at a price of $50 per

charge.


Accounting Info:


FPSTLO—2510l0

Funded: $0.00

0006 OPTION YEAR 1 - FY 2014 EEOC/FEPA TRAINING JA 0.00 0.00

CONFERENCE:

Training to facilitate successful completion of

contract, which must include attendance at

EEOC—sponsored Annual Conference.


Accounting Info:


FPSTLO—251010

Funded: $0.00

Continued

NSN 7540-01-152-8067 — OPTIONAL FORM 336 (4-86)Sponsored by GSA

FAR (46 CFR) 53110

REFERENCE N. .F DOCUMENT BEING CONTINUED PAGE OFCONTINUA liON SHEET EECCN130021 4 I 5NAME OF OFFEROR OR CONTRACTOR



(A) (B) (C) (D) (E) (F)


CHARGE RESOLUTIONS:

Processing and Resolving, Title VII, ADEA, ADA,





processed through hearings and/or litigation> and


plan if applicable.


Accounting Info:


FPSTLO—251010

Funded: $0.00


INTAKE SERVICES:



2014 to September 30, 2015, at a price of $50 per

charge


Accounting Info:


FPSTLO—2510l0

Funded: $0.00

0009 OPTION YEAR 2 - FY 2015 EEOC/FEPA TRAINING JA 0.00 0.00

CONFERENCE:

Training to facilitate successful completion of

contract, which must include attendance at

EEOC-Sponsored Annual Conference.


Accounting Info:


FPSTLO—251010

Continued

NSN 7540-01-152-8067 — OPTIONAL FORM 336 (4-86)Sponsored by OSA

FAR (48 CER) 53 110

REFERENCE N DOCUMENT BEING CONTINUED PAGE OFCONTINUATION SHEET EECCN130021

5 I 5

NAME OF OFFEROR OR CONTRACTOR



(A) (B) (C) (D) (E) (F)

Funded: $0.00

The total amount of award: $440,900.00. The

obligation for this award is shown in box 15G.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)Sponsored by GSA

FAR (48 CFR) 53.110

0 0Page Ii

Table of ContentsPageSec. DescriptionNo

A Solicitation/Contract Form I

B Supplies or Services/Prices 2

C Descnption/Specitications 2

D Packatting and Markinl 5

E Inspection and Acceptance 5

F l)eliveries or Performance 6

G Contract Administration Data 7

H Special Contract Requirements 9

Contract Clauses 12

52.202-I Definitions. (JAN2012) 12

52.203-3 Gratuities. (APR 1984) 12

52.203-5 Covenant Against Contingent Fees. (APR 1984) 12

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 12

52.203-7 Anti-Kickback Procedures. (OCT 2010) 12

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997) 12

2.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997) 12

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 12

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 12

52.204-7 Central Contractor Registration. (DEC 2012) 12

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. 12(DEC2010)

52.215-2 Audit and Records - Negotiation. (OCT 2010) 12

52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 12

52.222-3 Convict Labor. (JUN 2003) 12

52.222-21 Prohibition of Segregated Facilities. (FEB 1999) 12

52.222-26 Equal Opportunity. (MAR2007) 12

Equal Opportunity for Veterans (SEP 2010) 13

52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010) 13

52.222-37 Employment Reports Veterans. (SEP2010) 13

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 13

52.222-50 Combating Trafficking in Persons. (FEB 2009) 13

52.222-54 Employment Eligibility Verification. (JUL2012) 13

52.223-6 Drug-Free Workplace. (MAY 2001) 13

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 13

52.224-1 Privacy Act Notification. (APR 1984) 13

52.224-2 Privacy Act. (APR 1984) 13

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 13

5 2.229-4 Federal, State, and Local Taxes (State and Local Adjustments). (APR 2003) 13

52.232-i Payments. (APR 1984) 13

52.232-8 Discounts for Prompt Payment. (FEB 2002) 13

52.232-il Extras. (APR 1984) 13

52.232-25 Prompt payment. (OCT 2008) 13

52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003) 13

52.233-I Disputes. (JUL2002) 13

52.233-3 Protest after Award. (AUG 1996) 13

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 13

52.242-2 Production Progress Reports. (APR 1991) 13

52.243-i *Al Changes - Fixed-Price. (AUG 1987)- Alternate I (APR 1987) 3

52,244-6 Subcontracts for Commercial Items. (DEC 2010) 13

5.2245-1 Government Property. (APR2012) 13

52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984) 13

52.249-8 Default (Fixed-Price Supply and Service). (APR 1984) 13

52.252-2 Clauses Incorporated by Reference. (FEB 1998) 13

Computer Generated Forms. (JAN 1991) 13

LIST OF ATTACHMENTS 13

C

________________________

Page 2

SECTION C - DESCRIPTION/SPECIFICATIONiWC’ikSTATEMENT

I. Background

A. The Equal Employment Opportunity Commission (EEOC) is authorizedby statute to use the services of State and Local Fair Employment Practices Agencies (FEPAs) toassist it in meeting its statutory mandate to enforce Title VII of the Civil Rights Act of 1964, asamended (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 InformationNondiscrimination Act of 2008. The EEOC also recognizes the need to ensure the employmentrights of individuals granted by Federal, State, and Local anti-discrimination laws.

B. As part of the Congressional mandate, the EEOC is required to establishan 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, forcontinuous development and enhancement of this system.

II. Scope of Work

A. The Contractor agrees to work with the EEOC in the maintenance andenhancement of a national, integrated employment discrimination law enforcement and chargeresolution system by accomplishing various objectives that include, but are not limited to, thefollowing:

1. Implementation by the Contractor of procedures that provide forprofessional intake of all charges the FEPA initially receives, prompt notification to respondents,resolution of charges on a current basis, determinations supported by evidence, and resolutionswith remedies;

2. The training of Contractor personnel in charge processingprocedures compatible with those of the EEOC, on an as needed basis;

3. Use by the Contractor of an employment discrimination chargeform that, within statutory limitations, is acceptable to the EEOC and the Contractor;

4. Use by the Contractor of processing terminology (such as commonlanguage pertaining to types of resolutions) that is the same as or compatible with that used bythe EEOC;

5. The development and maintenance of a system to ensure that theEEOC and the Contractor maintain compatible procedural and substantive standards;

6. The identification by the Contractor and the EEOC of legislativechanges that may be appropriate for the establishment of integrated and efficient chargeprocessing systems; and

C;Pagej3

7. Use 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 chargeresolution systems;

b. establishes annual charge resolution objectives andprovides mechanisms for fixing accountability and measuring progress toward those objectives;

c. develops procedures and processes designed to reduceinventories of dual-filed charges that will ensure maintenance of a charge inventory of less than365 days; and

d. ensures that quality standards are met and arecommensurate with the EEOC’s policies and statutory responsibilities.

B. When an agreement on the above requirements is reached between theContractor and the EEOC, they must be included as part of the executed WorksharingAgreement. The effective date of the Worksharing Agreement will run concurrently with theeffective date of this contract. Upon execution, the Worksharing Agreement dated September19, 2012, is incorporated by reference into this contract.

C. The Contractor and EEOC, as a condition to the maintenance of thiscontract, shall approve the Worksharing Agreement. Once the Contractor or the EEOC has beendesignated to process the charge, only the designated party will process the charge. The otherparty shall refrain from processing the charge pending completion by the initial processor topreclude duplication of effort.

D. The Contractor shall:

1. Implement in partnership with the EEOC, a system that permitseach party to perform various functions on behalf of the other, for example, accepting chargesfor each other, within the statutory limitations; and

2. Commit itself to maintenance of effort. Should the Contractor orthe governmental body that provides its funds (a) reduce the Contractor’s resources inanticipation of or as a result of the EEOC contract funds, (b) place restrictions on the use of itsfunds, or (c) revise the Contractor’s operating procedures or regulations that impact on its abilityto perform under its contract, the EEOC may consider it to be a material breach of this contractand may, among other things, reduce its funding of this contract or require the return of all or aportion of the funds provided by the EEOC under this contract.

E. It is understood and expressly agreed to by both parties to this contractthat all provisions of the EEOC’s Contracting Principles for State and Local FEPA for FiscalYear 2013 are incorporated in their entirety into this contract.

CPage 14

III. Statement of Work

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

A. The Contractor shall submit charges to the EEOC for contract creditincluding, but not limited to, no cause findings, successful settlements, successful conciliations,administrative resolutions, final orders issued following and pursuant to administrative hearingsand litigation. The EEOC shall not award any contract credit for resolutions by the Contractorbased on no jurisdiction (except in cases where an investigation is actually required to determinejurisdiction) or resolutions based on the charging party’s failure to establish a bona fide charge.

B. All charges submitted for credit under this contract shall be completed bythe Contractor between October 1, 2012 and September 30, 2013 as follows:

1. All charges will be evaluated and determinations made inaccordance with the theories of discrimination in employment as developed under Title VII, theADEA, ADA, and the GINA, as appropriate.

2. Investigation and resolution of individual charges pursuant to thiscontract shall be conducted in a manner designed to effectuate relief for the charging party andshall be carried out as expeditiously as possible.

3. All final actions, litigation, and intake services for which paymentis requested under this contract will be processed and awarded contract credit in compliance withthe State and Local Handbook, the ADA Technical Assistance Manual for ADA charges, and theWorksharing Agreement.

4. Contract credit submissions will include final dispositions ofcharges (i.e. final actions). When administrative appeal rights exist, the final disposition of acharge occurs only after the time for appeal has expired or the appeal has been processed tocompletion. In cases where the administrative appeal has been processed, the date of the noticeof the final result of the appeal is the operative date. This applies in all cases where anadministrative 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 WeightReview may be requested and/or the period during which a Substantial Weight Review isconducted is not considered for the purposes of computing the operative date of the finaldisposition of a charge.

5. Contract credit submissions that are not final dispositions willinclude:

a. Charges to be litigated by the Contractor where the EEOCreceives copies of the complaints bearing confirmation of the filing dates with the Court, or otherappropriate official confirmation of the filing dates of the complaints;

b. Certain types of charges that must be transferred to theEEOC that are not final actions by the Contractor, as specified in the State and Local Handbookand;

C CPage 5

c. Intake services by the Contractor where the EEOC acceptsfor processing a charge initially filed outside the jurisdiction of the Contractor, or any otherFEPA, and for which the Contractor has prepared all charge intake documentation, including acomplete affidavit, as required by the EEOC. In addition, contract credit for intake services willbe given when the EEOC accepts for processing a charge initially filed with but not jurisdictionalwith the Contractor and the COR determines and justifies that there is a need to service chargingparties who live at great distances from an EEOC or FEPA office.

6. Charge resolutions submitted for contract credit pursuant to thiscontract will be identified by the Contractor by timely and accurate data entries on the EEOCIMS or any successor system, if applicable. Where the Contractor is not on the EEOC IMS orany successor system, charge resolutions submitted for credit pursuant to this contract will bedesignated in a monthly status report from the Contractor to the COR.

7. All charges will be processed by the Contractor in accordance withthe Contractor?s applicable State or Local Laws.

8. Contract credit will not be allowed for any charge subject to aprocessing fee. If such a fee is imposed or implemented during the period of the contract, thecontract may be terminated in accordance with Clause 52.249-4, Termination for Convenience ofthe Government (Services) (Short Form).

9. The Contractor shall preserve all case files and records relevant toall charges or actions until final disposition of such charges or actions by the Contractor and theEEOC 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 bethrough the regular U.S. mail and should be adequately packaged to assure safe delivery to thedesignated office.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

A. Inspection and Acceptance shall be made by the COR. Inspection and acceptanceshall be made pursuant to the standards set forth in the EEOC’s ComplianceManual, and applicable section(s) of the State and Local Handbook.

B. The COR will ensure that the Contractor maintains performance that is consistentwith the criteria and requirements contained herein, as well as in the SubstantialWeight Review Procedures and Worksharing Agreements. The EEOC DistrictOffice will conduct an on-site evaluation of the investigative and administrative

CPage 6

charge processing procedures of the Contractor as needed. Accordingly, theContractor is expected to comply with reasonable requests for providing and/ormaking available information concerning various aspects of their processes andprocedures as they relate to or impact on the management and disposition of thedual-filed inventory. Such information includes but is not limited to staffinginformation, case management printouts, charge processing documentation, andany other material and data as may be related and/or apply to the processing ofdual-filed charges or administration of the contract.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

A. The period of performance under this contract shall be from October 1, 2012through September 30, 2013, with two one-year options to extend the term of thecontract. (See Section I, 52.2 17-9 “Option to Extend the Term of the Contract”.

B. The period of performance for Option Period I and Option Period II are asfollows:

Option Period I — October 1, 2013 through September 30, 2014Option Period II — October 1, 2014 through September 30, 2015

F.2 TIME OF DELIVERY/DELIVERABLES

A. When the Contractor enters a charge in the EEOC computerized IntegratedMission System (IMS) or any successor system the following procedures shall beused. The Contractor will:

1. Make accurate and timely charge data entries in the IMS or successorsystem, and the Contractor is responsible for ensuring that all appropriatecharge information is available for extraction by the collection manager ina timely manner. Charge resolutions submitted for contract credit reviewwill not be accepted for payment if it is determined that any required dataentry has not been made by the FEPA. A determination not to awardcontract credit made may be reversed under the procedures set forth inSection IIl.B.5.a. of the FY 2013 Contracting Principles.

2. Enter basic charge data into the IMS or successor system within five daysof the Contractor’s receipt of each charge as set forth in Section IIl.B.5.aof the FY 2013 Contracting Principles in order to be eligible to receivecontract credit.

3. Provide EEOC with a list of final actions within a time frame agreed uponby the COR and the Contractor, but usually no later than 30 days after the

f C;Pac 7

resolution of each charge to meet the requirement of Section III. B.2 ofthe FY 2013 Contracting Principles. The Contractor must ensure thetimely and accurate entry of data into the IMS or successor system. TheCUR will generate charge data lists and reports through the IMS orsuccessor system to verify that this requirement is being met throughoutthe term of this contract.

4. Enter all charge data for contract credit submissions through each quarternot later than the 8th calendar day of the month following each quarter.

B. When the Contractor is not on the IMS or successor system, the followingprocedures shall be used. The Contractor will:

1. Submit monthly contract production reports to the CUR for review. Themonthly reports shall consist of EEOC Forms 322 - FEPA PerformanceReport and 472 - FEPA Charge List. Upon award of the contract, themonthly reports must be received by the CUR not later than the 8thcalendar day of the month following each month.

2. Furnish to the CUR, 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 CUR, but no laterthan thirty (30) days after the charge resolution dates. The lists of chargeresolutions will be provided on EEOC Form 472. After receipt of the lists,and when requested by the CUR, the Contractor will forward all chargefile information, or a copy of such information, within five workdays ofthe requests. The CUR may extend or reasonably alter the five-day timeframe as deemed necessary and appropriate (For non-certified Contractors,file information must be submitted within five days of submission of theForm 472/resolution listing unless the time frame is extended or otherwisemodified by the CUR). Failure to timely submit reports and charge fileinformation will result in the denial of contract credit for the affectedresolutions.

4. The Contractor must make timely and accurate submission to the EEOC ofEEOC Form 322 and EEOC Form 472. All reports covering the first threequarters of the FY 2013 contract must be received by the EEOC prior toSeptember 30, 2013.

SECTION G - CONI iiNISTRATION DATA

G.1 CONTRACT ADMINISTRATION DATA

A. Contracting Officer: See Block 20A of SF 26

B. Inspection and Acceptance: See Section E of the Schedule

___________________

Page 8

C. Accounting and Appropriation Data: See Accounting Line, Accounting andAppropriations Data

D. Contracting Officer’s Representative: Joseph WilsonState and Local CoordinatorSt. Louis District OfficeTelephone: (314) 539-7816

E. Paying Office: See Block 12 of SF-26

F. Program Director: Michael J. Dougherty, DirectorState and Local ProgramsOffice of Field Programs131 M Street, N.E., Fifth FloorWashington, DC 20507Telephone: (202) 663-4801

G.2 CONTRACTING OFFICER

The Contracting Officer shall be the only individual authorized to modify any of theterms 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 willserve 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. TheCOR shall monitor the contract for the Program Director and provide the Contractor withtechnical guidance. Technical guidance shall mean providing details or interpretation of thescope 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 conditionsof the contract. The COR has the responsibility for monitoring and evaluating all phases of theContractor’s performance in order to determine compliance with the technical requirements ofthe contract. The COR is responsible for providing oversight to the District Office DistrictResource Manager (DRM) for the preparation of the official receiving report to recordacceptance in EEOC’s financial system procurement module. No payment may be made until aproperly completed receiving report is transmitted to the payment office.

G.4 INVOICING INSTRUCTIONS

A. The Contractor shall submit an original invoice(s) and any other informationrequired to make payments to the following address:

C C__

______

PageI9

US Equal Employment Opportunity CommissionP 0 Box 8790Reston, VA 20195-2690

B. The contractor may submit an invoice electronically to the following e-mailaddress: eeocinvoice(cec1oud.com.

C. 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 ofthe 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 chargeresolutions. The contractor can submit invoices for actual production on a quarterly basis (April12, July 12, and October 11, 2013). No payment will be made until the contract andsubsequent modifications, if any, are returned, properly executed, to the Equal EmploymentOpportunity 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:

A. If the Contractor has not invoiced for training completed within a thirty (30) dayperiod, the Contracting Officer may unilaterally deobligate the amount of fundsthe government determines to be in excess of the amount needed to pay fortraining.

C. In the event the government determines before training is to be conducted that theamount of funds provided under the contract should be reduced or increased as aresult 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 fortraining in accordance with the government’s revised estimate.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 TITLE VII, ADA AND GINA CONFIDENTIALITY PROVISIONS

A. The Contractor agrees to abide by the confidentiality provisions of Title VII,ADA and the GINA as those provisions are interpreted by the EEOC. TheContractor shall not make public in any manner whatever the followinginformation if said information was obtained from the EEOC:

1. The existence of a Title VII, ADA and/or GINA charge filed by aparticular charging party against a particular respondent, unless a TitleVII, ADA and/or GINA lawsuit has been instituted,

_______

Page 10

2. Information obtained by the EEOC pursuant to its investigation authority(Section 709(a)), unless a Title VII, ADA and/or GINA lawsuit involvingthat 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 Understandingwith the Office of Federal Contract Compliance Programs (OFCCP),information compiled by OFCCP and provided to the EEOC may beprovided to an FEP Agency (i.e. the Contractor) upon its request. It isfurther understood and agreed that the Contractor will not disclose to thepublic any such information without first requesting and obtaining theexpress written approval of the Director of OFCCP.

B. EEOC-furnished EEO Reports may be made public by the Contractor during ahearing conducted by the Contractor that involves the above information.

H.2 CONTRACT ADJUSTMENTS

A. The COR will review production on a quarterly basis. The Contractor is expectedto produce approximately 1/4 of the total charge resolutions required under thecontract each quarter.

B. If the annualized linear production of the Contractors actual production at anytime indicates that the Contractor is producing at a rate that would not meet thenumber of charge resolutions required under the contract, the government mayunilaterally modify the contract price and the total number of charge resolutions(downward adjustments) to reflect the annualized charge production projection.

C. The government has the unilateral option to increase the number of contractedcharge resolutions and/or intake services (upward adjustments), based on theactual 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 theperformance of this contract at all reasonable times when they are in the possession of theContractor. The Contractor shall have access to such case files at all reasonable timeswhile they are in the possession of the EEOC. No case files, reports, studies, findings orother information collected or created in the performance of this contract shall bereleased by the Contractor except as authorized in accordance with the ConfidentialityProvisions set forth at paragraph H. 1 above.

C

_C____

Page Iii

H.4 INDEMNIFICATION

The Contractor shall indemnify the Government, its officers, agents, employees andassignees, for all claims of any nature arising out of the performance of this contract,including costs and expenses resulting from such claims.

11.5 ACKNOWLEDGMENT OF GOVERNMENT

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

H.6 DIRECT AND INDIRECT COSTS

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

11.7 NOTICE OF ADVERSE COURT ACTION

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

H.8 PRIVACY ACTThis contract requires the collection, creation and maintenance of records that are subjectto the Privacy Act of 1974. See the Privacy Act Notification Clause and the Privacy ActClause incorporated into this contract in Section I. The records compiled, created andmaintained pursuant to this contract are included in the EEOC’s Privacy Act SystemEEOC-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 thesesystems are described in Federal Register Notice, “Privacy Act of 1974; Publication ofSystem of Records, Proposed New Systems and Proposed New Routine Uses”, dated July30, 2002, and included in Section J of this contract. The EEOC’s Privacy Actregulations, 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 asnecessary and appropriate. If significant discrepancies occur and cannot be eliminatedthrough a routine reconciliation, the EEOC may request a hard inventory of theContractor’s charge inventory. Such hard inventory must be conducted in accordancewith guidelines prescribed by the EEOC.

CPage 12

SECTION I 1WTRACT CLAUSES

52.2 17-9 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 Contractorwithin 30 days; provided that the Government gives the Contractor a preliminary written noticeof its intent to extend at least 60 days before the contract expires. The preliminary notice doesnot commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to includethis 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 ifthey were given in full text. Upon request, the Contracting Officer will make their full textavailable. 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)

ClauseClause TitleNu m her

[52.202-i IDefinitions. (JAN 2012)

152.203-3 IGratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

152.203-7 Anti-Kickback Procedures. (OCT 2010)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997)

152.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

52.204-7 Central Contractor Registration. (DEC 2012)

52 209 6Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

- Proposed for Debarment. (DEC 2010)

52.215-2 Audit and Records - Negotiation. (OCT 2010)

152.2 15-8 [Order of Precedence - Uniform Contract Format. (OCT 1997)

152.222-3 Convict Labor. (JUN 2003)

152.222-21 Prohibition of Segregated Facilities. (FEB 1999)

52.222-26 Equal Opportunity. (MAR 2007)

• :C)

Page 13

52.222-35 Equal Opportunity for Veterans. (SEP 2010)

52.222-36 lAffirmative Action for Workers with Disabilities. (OCT 2010)

152.222-37 Employment Reports Veterans. (SEP 2010)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

52.222-50 Combating Trafficking in Persons. (FEB 2009)

152.222-54 Employment Eligibility Verification. (JUL 2012)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

52.224-1 Privacy Act Notification. (APR 1984)

152.224-2 Privacy Act. (APR 1984)

152.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) j152.229-4 IFederal, State, and Local Taxes (State and Local Adjustments). (APR 2003)

52.232-1 I Payments. (APR 1984)

152.232-8 IlDiscounts for Prompt Payment. (FEB 2002)

152.232-1 1. IlExtras. (APR 1984)

52.232-25 Prompt payment. (OCT 2008)

52.232-3JPayment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003)

52.233-1 lDisputes. (JUL 2002)

52.233-3lProtest after Award. (AUG 1996)

52.233-4IApplicable Law for Breach of Contract Claim. (OCT 2004)

52.242-2 llproduction Progress Reports. (APR 1991)

52.243-1Changes - Fixed-Price. (AUG 1987) - Alternate I (APR 1987)

152.244-6 llSubcontracts for Commercial Items. (DEC 2010)

152.245-1 IGovemment Property. (APR 2012)

152.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984)

152.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

152.252-2 IClauses Incorporated by Reference. (FEB 1998)

152.253-1 IlComputer Generated Forms. (JAN 1991)

PART III - LIST OF DOCUMENTS, EXIUBITS ANDOTHER 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

C

FY 2013 EEOC/FEPA MODEL WORKSHARING AGREEMENT

WORKSHARING AGREEMENT

BETWEEN

Kansas Human Rights Corrimission

and

TI-IS U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

St. Louis District Office

FOR FISCAL YEAR 2013

I. INTRODUCTION

1. The Kansas Human Rights Commission, hereinafter referred to asthe FEPA, has jurisdiction over allegations of employmentdiscrimination filed against employers of four (4) or moreemployees occurring within state of Kansas based on race, color,sex, national origin, ancestry, religion, disability, age,genetic testing and retaliation pursuant to Section 44—1001through 44-1014 of the Kansas Act Against Discrimination and 44-1111 through 44—1121 of the Kansas Age DiscriminatiOn inEmployment Act.

The U.S. Equal Employment Opportunity Commission, hereinafterreferred to as the EEOC, has jurisdiction over allegations ofemployment discrimination occurring throughout the United Stateswhere such charges are based on race, color, religion, sex, ornational origin, all pursuant to Title VII of the Civil RightsAct of 1964, as amended (42 U.S.C. § 2000(e)) (hereinafterreferred to as Title VII) . The EEOC has jurisdiction toinvestigate and determine charges of discrimination based on age(40 or older) under the Age Discrimination in Employment Act of1967, as amended (29 U.S.C.S 621 et. seq.) (ADEA), for unequalwages based on sex under the Equal Pay Act of 1963, as amended(29 U.S.C. 206) (EPA), and over allegations of employmentdiscrimination based on disability pursuant to Title I of theAmericans with Disabilities Act of 1990, as amended (42 U.S.C. §12101) (ADA), and over the use or acquisition of geneticinformation as the basis for employment decisions pursuant toTitle II of the Genetic Information Nondiscrimination Act of2008.

B. In recognition of, and to the extent of the common jurisdictionand goals of the two (2) Agencies, and in consideration of themutual promises and covenants contained herein, the FEPA and the

C C)

EEOC hereby agree to the terms of this Worksharing Agreement,which is designed to provide individuals with an efficientprocedure for obtaining redress for their grievances underappropriate Kansas and Federal laws.

II. FILING OF CHARGES OF DISCRIMINATION

A. In order to facilitate the assertion of employment rights, theEEOC and the FEPA each designate the other as its agent for thepurpose of receiving and drafting charges, including those thatare not jurisdictional with the agency that initially receivesthe charges. The EEOC’s receipt of charges on the FEPA’s behalfwill automatically initiate the proceedings of both the EEOC andthe FEPA for the purposes of Section 706 Cc) and Ce) (1) of TitleVII. This delegation of authority to receive charges does notinclude the right of one Agency to determine the jurisdiction ofthe other Agency over a charge. Charges can be transferred fromone agency to another in accordance with the terms of thisagreement or by other mutual agreement.

B. The FEPA shall take all charges alleging a violation of TitleVII, the ADEA, the EPA, GINA or the ADA where both the FEPA andthe EEOC have mutual jurisdiction, or where the EEOC only hasjurisdiction, so long as the allegations meet the minimumrequirements of those Acts, and for charges specified in Section.111. A. 1. below, refer them to the EEOC for initial processing.

C. Each Agency will inform individuals of their rights to filecharges directly with the other Agency and or assist any personalleging employment discrimination to draft a charge in a mannerthat will satisfy the requirements of both agencies to the extentof their common jurisdiction.

Normally, once an agency begins an investigation, it resolves thecharge. Charges may be transferred between the EEOC and the FEPAwithin the framework of a mutually agreeable system. Each agencywill advise Charging Parties that charges will be resolved by theagency taking the charge except when the agency taking the chargelacks jurisdiction or when the charge is to be transferred inaccordance with Section III (DIVISION OF INITIAL CHARGE-PROCESS ING RESPONSIBILITIES)

0. For charges that are to be dual-filed, each Agency will use EEOCCharge Form 5 (or alternatively, an employment discriminationcharge form which within statutory limitations, is acceptable inform and content to the EEOC and the FEPA) to draft charges. Whena charge is taken based on disability, the nature of thedisability shall not be disclosed on the face of the charge.

E. Within ten calendar days of receipt, each Agency agrees that itwill notify both the Charging Party and the Respondent of thedual—filed nature of each such charge it receives for initialprocessing and explain the rights and responsibilities of theparties 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 bySection 706(c) and 706(d) of Title VII as amended; and by Title I ofthe Americans with Disabil:Lties Act, and the transmittal of charges ofage discrimination pursuant to the Age Discrimination in EmploymentAct of 1967, the primary responsibility for resolving charges betweenthe FEPA and the EEOC will be divided as follows:

A. The EEOC and the FEPA will process all Title VII, ADA, GINA, andADEA charges that they originally receive.

1. For charges originally received by the EEOC and/or to beinitially processed by the EEOC, the FEPA waives its rightof exclusive jurisdiction to initially process such chargesfor a period of 60 days for the purpose of allowing the EEOCto proceed immediately with the processing of such chargesbefore the 61st day.

In addition, the EEOC will initially process the followingcharges:

-— All Title VII, ADA, and concurrent Title Vu/ADA chargesjurisdictional with the FEPA and received by the FEPA 240days or more after the date of violation;

-— All disability-based charges that may not be resolved bythe FEPA in a manner consistent with the ADA.

-— All concurrent Title VII/EPA charges;

-— All charges against the FEPA or its parent organizationwhere such parent organization exercises direct or indirectcontrol over the charge decision—making process;

-- All charges filed by EEOC Commissioners;

—— Charges also covered by the Immigration Reform andControl Act;

Complaints referred to the EEOC by the US. Department ofJustice, Office of Federal Contract Compliance Programs, orFederal fund-granting agencies under 29 CFR § 1640, 1641,and 1691.

-- Any charge where the EEOC is a party to a ConciliationAgreement or a Consent Decree that, upon mutual consultationand agreement, is relevant to the disposition of the charge.The EEOC will notify the FEPA of all Conciliation Agreementsand Consent Decrees that have features relevant to thedisposition of subsequent charges;

-— Any charge alleging retaliation for filing a charge withthe EEOC or for cooperating with the EEOC; and

-- All charges against Respondents that are designated forinitial processing by the EEOC in a supplementary memorandumto this Agreement.

2. The FEPA will initially process the following types ofcharges:

—- Any charge alleging retaliation for filing a charge withthe FEPA or cooperating with the FEPA;

—— Any charge where the FEPA is a party to a ConciliationAgreement or a Consent Decree that, upon mutual consultationand agreement, is relevant to the disposition of the charge.The FEPA will provide the EEOC with an on-going list of allConciliation Agreements and Consent Decrees that havefeatures relevant to the disposition of subsequent charges;

-- All charges that allege more than one basis ofdiscrimination where at least one basis is not covered bythe laws administered by the EEOC but is covered by the FEPAOrdinance, or where the EEOC is mandated by federal courtdecision or by internal administrative EEOC policy todismiss the charge, but the FEPA can process that charge.

-- All charges against Respondents that are designated forinitial processing by the FEPA in a supplementary memorandumto this Agreement; and

-— All disability—based charges against Respondents overwhich the EEOC does not have jurisdiction.

B. Notwithstanding any other provision of the Agreement, the FEPA orthe EEOC may request to be granted the right to initially processany charge subject to agreement of the other agency. Suchvariations shall not be inconsistent with the objectives of thisWorksharing Agreement or the Contracting Principles.

C. Each Agency will on a quarterly basis notify the other of allcases in litigation and will notify each other when a new suit isfiled. As charges are received by one Agency against a Respondenton the other Agency’s litigation list a copy of the new chargewill be sent to the other Agencys litigation unit withinworking days.

IV. EXCHANGE OF INFORNATION

A. Both the FEPA and the EEOC shall make available for inspectionand copying to appropriate officials from the other Agency anyinformation that may assist each Agency in carrying out itsresponsibilities. Such information shall include, but notnecessarily be limited to, investigative files, conciliationagreements, staffing information, case management printouts,charge processing documentation, and any other material and dataas may be related to the processing of dual-filed charges or

C

that the overall projection appears inappropriate, theappropriate portions of this Agreement will be modified to ensurefull utilization of the investigation and resolution capacitiesof the FEPA and rapid redress for allegations of unlawfulemployment discrimination.

C. The EEOC will provide original forms to be copied by the FEPA, inaccordance with the Regulations and the Compliance Manual to beused by the FEPAs in correspondence with Charging Parties andRespondents.

D. If a dispute regarding the implementation or application of thisagreement cannot be resolved by the FEPA and District OfficeDirector, the issues will be reduced to writing by both partiesand forwarded to the Director of the Office of Field Programs forresolution.

E. This Agreement shaLL operate from the first day of October 2012to the thirtieth day of September 2013 and may be renewed ormodified by mutual consent of the parties.

I have read the foregoing Worksharing Agreement and I accept and agreeto the provisions contained therein.

Date 7/9% f27ía es R. N1y, Jr., Dis 1 t7prector

U S. Equal Employment Op iinty Commissiont. Louis District Office

Date

___

_________________

V / William V. Minner Executive DirectorKansas Human Rights Commission

fFeralActjcontract

‘---b.grantc. cooperative agreementci. loane. loan guaranteef. loan insurance

4. Name and Address of Reporting Entity:[3 Prime [3 Subawardee

Tier

______,

if known:

Jr

DISCL... URE OF LOBBYING ACTIVITIESComplete this form to disdose lobbying activities pursuant to 31 U.S.C. 1352

(See reverse for public burden disclosure.)2. Status of Federal Action:

Ha. bid/offer/applicationb. initial awardc. post-award

Approved by 0MB

0348-0046

3 Report Type:

H a. initial filingb. material change

For Material Change Only:year

__________

quarterdate of last report

Congress tonal District, if known:4c

5. If Reporting Entity in No. 4 is a Subawardee, Enter Nameand Address of Prime:

Conqressional District. if known:6. Federal DepartmentiAgency: 7. Federal Program Name/Description:

CFDA Number, if appticable:

8. Federal Action Number, if known: 9. Award Amount, if known:

$10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if

(if individual, last name, first name, Ml): different from No. lOa)

(last name, first name, Ml):

1 i tn(orrnrri,on reqzirrslect ilrrougtr ih,u form is authorized by litte 31 u.s.c. section SignatureS‘ 1352. ‘Th,s clsctosure ci lobbying rrctI,bes is a melerial representation of lestupon which reliance was pieced by the tier eboce when his trerrseciion was made .or entered into. This disclosure is required pursuant to 31 u.s.c. 1352. This nnniormelion wilt be euaiirbie for public tospeclion. Any parson seiso fells to file therequired disclosure utrll be subject toe chit perrelly of not lass then $10000 and lie.not more then £100,000 tar each such failure.

Telephone No.: Date.V

. . . . . . . ..

. Authorized for Local Reproductiont€dtraHJe OnlyStandard rorm Lii (Rev 7 97)

C)INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIESThis disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal

action, or a material change to a previous tiling, pursuant to title 31 U.S.C. section 1 352. The filing of a form is required for each payment or agreement to makepayment to any lobbying entity for inituencing or allempting to influence an orncer or employeeof any agency, a Member of congress, an officer or employee ofCongress, or an employeeof a Member of Congress in connectionwith a covered Federal action. Complete all items that apply for both the initial filing and materialchange report. Refer to the implementing guidance published by the Office of Management and Budget for additionat information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report, If this is a followup report caused by a material change to the Information previously reported, enterthe year and quarter in which the change occurred. Enter the date of the last previouslysubmitted report by this reporting entity for this covered Federalaction.

4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional Dislrict, if known. Check the appropriateclassificalionof the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardeeof the prime is the 1st tier. Subawerds include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city. State and zip code of the prime Federalrecipient, Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. Forexample, Department of Transportation, United Stales Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance(CFDA) number for grants, cooperative agreements, loans, and loan commitments.8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number;

Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the applicatioriiproposat control numberassigned by the Federal agency). Include prefixes, e.g .,“RFP-DE-90-00l.”

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loancommitment for the prime entity identified in item 4 or 5.

10. (a) Enler the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act 011995 engaged by the reportingentity idenlitied in item 4 to influence the covered Federal action.

(b) Enter the lull names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, andMiddle Initial (MI).

11. The certifying official shalt sign and date the form, print his/her name, title, and telephone number.According to Iha Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid 0MB ControlNumber. The valid 0MB control number for this information collection is 0MB No. 0348-0046. Public reporting burden for this collection of information isestimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the dataneeded, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection ofinformation, including suggestions for reducing this burden, to the Office of Managerneritand Budget, Paperwork Reduction Project (0348-0046), Washington,DC 20503.

49338

CFederal Register/Vol. 67, No. 146/Tuesday, July 30, 2002/Notices

announcing the 2002 Annual Meeting ofthe Ozone Transport Commission(OTC). During this meeting, the OTCwill deal with appropriate matterswithin the Ozone Transport Region inthe Northeast and Mid-Atlantic States,as provided for under the Clean Air ActAmendments of 1990. This meeting isnot subject to the provisions of theFederal Advisory Committee Act, PublicLaw 92—463, as amended.DATES: The OTC meeting will be held onTuesday, August 6, 2002 starting at 9am. (DST).ADDRESSES: The Inn at Essex, 70 EssexWay, Essex Junction, Vermont 05452;(802) 878—1100. Important Note; TheMid-Allan tic/Northeast Visibility Union(MANE—VU) Board will meet theprevious day, on Monday, August 5,2002, from 1 p.m. until 5 p.m. (DST), atthe same location.FOR FURTHER INFORMATION CONTACT:Judith M. Katz, U.S. EnvironmentalProtection Agency, Region III, 1650Arch Street, Philadelphia, PA 19103;(215) 814—2100. For Documents andPress Inquiries Contact: OzoneTransport Commission, 444 NorthCapitol Street, NW., Suite 638,Washington, DC 20001; (202) 508—3840;e-mail: [email protected]; Web site: htlp://www.sso.org/otc.SUPPLEMENTARY INFORMATION: The CleanAir Act Amendments of 1990 contain, atSection 184, provisions for the “Controlof Interstate Ozone Air Pollution.”Section 184(a) establishes an “OzoneTransport Region” (OTR) comprised ofthe Slates of Connecticut, Delaware,Maine, Maryland, Massachuse its, NewHampshire, New Jersey, New York,Pennsylvania, Rhode Island, Vermont,parts of Virginia, and the District ofColumbia. The Assistant Administratorfor Air and Radiation of theEnvironmental Protection Agencyconvened the first meeting of thecommission in New York City on May7, 1991. The purpose of the OTC is todeal with ground level ozone formation,transport, and control within the OTR.

The purpose of this notice is toannounce that this Commission willmeet on August 6, 2002. The meetingwill be held at the address noted earlierin this notice,

Section 176A(b)(2) of the Clean AirAct Amendments of 1990 specifies thatthe meetings of the OTC are not subjectto the provisions of the FederalAdvisory Committee Act. This meetingwill be open to the public as spacepermits.

Type of Meeting: Open.Agenda: Copies of the final agenda

will be available from the OTC office(202) 508—3840 (by e-mail:

[email protected] or via the OTC Web siteat http://www.sso.org/otc) on Tuesday,July 29, 2002. The MANE—VU agendawill be available at the same time, butseparately on MANE—VU’s Web site athttp://www.sso.manevu.org. Thepurpose of this meeting is to reviewmajor ozone health studies, discuss therole of clean energy and energyefficiency in ozone reduction efforts,and discuss regional approaches toreducing ground-level ozone, includingozone transport.

Dated: July 23, 2002,Donald S. Welsh,Regional Administrator, Region III.[FR Dec. 02—19228 Filed 7—29—02; 8:45 amlEILUNG CODE 6560—50—P

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION

Privacy Act of 1974; Publication ofNotices of Systems of Records andProposed New Systems of Records

AGENCY: Equal EmploymentOpportunity Commission,ACTION: Notice; publication of notices ofsystems of records, and proposed newsystems of records.

SUMMARY: This notice proposes four newsystems of records and changes to anumber of existing systems of records.This notice republishes all of EEOC’snotices for its systems of records subjectto the Privacy Act in one issue of theFederal Register so that an accurate andcomplete text of the notices is availablefor use by individuals and by agencyPrivacy Act officers.DATES: The changes to the existingsystems of records are effective on July30, 2002. The proposed new systems ofrecords will become effective, withoutfurther notice, on September 27, 2002,unless comments dictate otherwise.ADDRESSES: Written comments may besent to the Office of ExecutiveSecretariat, Equal EmploymentOpportunity Commission, Room 10402,1801 L Street, NW., Washington, DC20507. Copies of this notice areavailable in the following alternateformats: large print, braille, electronicfile on computer disk, and audio-tape.Copies may be obtained from thePublications Center by calling 1—800—699—3362.FOR FURTHER INFORMATION CONTACT:Thomas J. Schlageter, Assistant LegalCounsel or Kathleen Dram, SeniorAttorney (202) 663—4669 (voice) or (202)663—7026 (TDD).SUPPLEMENTARY INFORMATION: The EqualEmployment Opportunity Commission

last published its Privacy Act systemsnotices in 1994. The Commissionproposes four new systems of records tocover, in two cases, new programs thatwill collect individually identifiablerecords and, in the other two cases,existing records that through the use ofinformation technology have becomeindividually identifiable, In addition,the Commission is amending several ofits systems to include additionalcategories of individuals or of records.The Commission is adding two newroutine uses 10 its two private sectorcase files systems and four new routineuses to its government-wide system ofrecords covering federal sectorcomplaint and appeal records. Finally,the Commission has amended severalsystem notices to reflect current officenames and has amended Appendix A toreflect current addresses of Commissionoffices. To ensure that users will havea copy of the current text of each of itssystem notices, the Commission ispublishing the complete text of all of itssystems notices.

A brief description of the majorchanges follows:

EEOc—i Age and Equal Pay ActDiscrimination Case Files. A newcategory of individuals was added tocover individuals who file complaintsunder section 321 of the GovernmentEmployees Rights Act of 1991.

EEOc—i Age and Equal Pay ActDiscrimination Case Files and EEO—3Title VII and Americans WithDisabilities Act Discrimination CaseFiles. Two new routine uses areproposed for each system. One wouldpermit disclosure of information toofficials of state or local bar associationsor disciplinary boards or committeeswhen they are investigating complaintsagainst attorneys in connection withtheir representation of a party beforeEEOC. The proposed routine use inEEOC—3, tile Title VII and ADA casefiles system, is limited to disciplinaryboards or committees under the controlof a state or local government becausethese files are covered by theconfidentiality provisions coniained inTitle VII, 42 U.S.C. 2000e—5(b) and 8(e),and may not be disclosed to members oftile public. Officials of state or federalgovernments are nat members of thepublic. The second new routine usewould permit disclosure of inlormationto federal officials in connection withhiring, issuing a security clearance, orconducting a background check. TheCommission has determined that theseproposed routine uses are compatiblewith the law enforcement purpose of thesystems of records.

EEOC’—5 General CorrespondenceRecords. The system of records was

CFederal Register/Vol. 67, No. 146/Tuesday, July 30, 2002/Notices

amended to cover all correspondenceand communications, by letter, phonecall, or email, throughout the agency toreflect the use of computerized trackingsystems in many offices.

EEOC—7 Employee Pay and LeaveRecords. Routine use i was amended toreplace the General ServicesAdministration with the Department ofInterior. EEOC has switched its pay andleave system administration from theGeneral Services Administration to theDepartment of the Interior.

EEOc—8 Employee Travel andReimbursement Records. Rouline use ewas amended to replace the GeneralServices Aclniinistraiion with theDepartment of Interior. EEOC hasswitched its linancial managementadministrative services from CSA to theDepartment of the Interior.

EEOC’—9 Claims Ca]]ection Records.Routine use j was amended to replacethe General Services Administrationwith the Department of Interior. EEOChas switched its financial managementadministrative services from GSA to theDepartment of the Interior.

EEOC—12 Telephone Call DetailRecords. The categories of individualsand records were amended to includeU.S. government phone card holdersand phone card records, includingbilling records.

EEOC’—i 3 Employee IdentificationCards. The categories of records wasamended to cover proximity cord listsand records throughout the agency,where applicable. The system waspreviously limited to Headquartersproximity card holders.

EEOfl’—i5 Internal HarassmentInquiries. The Commission approved aninternal order governing investigationsof allegations of harassment made byEEOC employees. This new system ofrecords covers current or former EEOCemployees’ complaints or reports ofharassment, witness sic tements, reportsof interviews, findings andrecommendations, decisions andcorrective actions taken and relatedcorrespondence and exhibits. Nineroutine uses are proposed for thesystem. In addition, it is proposed toexempt this system from certainprovisions of the Privacy Act pursuantto section (k)(2) of the Act. A Notice ofProposed Rulemaking is publishedseparately in today’s Federal Registerproposing amendments to EEOC’sPrivacy Act regulations that describethis exemption.

EEOC—I6 Office of Inspector Genera]Investigative Files. The Office of theInspector General has reorganized itsfiling system and will be maintaining itsinvestigative files by the name of theindividuals who are subjects of

investigations by the Office relating tothe programs and operations of theEEOC. The Commission is adding asystem of records covering those files.Six routine uses are proposed for thenew system. In addition, it is proposedto exempt this system of records fromcertain provisions of the Privacy Actpursuant to sections (j)(2) and (k)(2) ofthe Act. A Notice of ProposedRulemaking is published separately intoday’s Federal Register proposingamendments to EEOC’s Privacy Actregulations that describe thoseexemptions.

EEOG—i 7 Defensive Litigation Files.The Commission’s Office of LegalCounsel has upgraded its computerizedtracking system and filing systemcovering its defensive litigation files andhas created a set of files containingtestimony, affidavits and declarationsgiven by individuals during EEOC’sdefense of lawsuits brought against theagency. Consequently, the Commissionis adding a system of records coveringthe Office of Legal Counsel’s defensivelitigation files. The system covers alldocuments related to civil oradministrative litigation brought againstthe Commission, which are retrievableby the name of the individual who filedthe litigation or the name of theindividual witnesses who gavetestimony, affidavits or declarationsduring the course of such litigation. Fiveroutine uses are proposed for the newsystem.

EEOC—ia ReasonableAccommodation Records. TheCommission has issued an internalorder establishing procedures forproviding reasonable accommodationfor individuals with disabilities underthe Rehabilitation Act of 1973. This newsystem of records covers all current andformer EEOC employees and applicants’requests for reasonableaccommodations, medical records, notesor records made about requests,decisions on requests and records madeto implement or track decisions onrequests. Four routine uses are proposedfor the system.

The proposed routine uses in the fournew systems of records noted abovemeet the compatibility criteria since theinformation involved is collected for thepurpose of the applicable routine uses.We anticipate that any disclosurepursuant to these routine uses will notresult in any unwarranted adverseeffects on personal privacy.

EEOC/GOVT-i Equa] EmploymentOpportunity in the Federal GovernmentComplaint and Appeal Records. Thetwo routine uses proposed to be addedto EEOC—i and EEOC—3, permittingdisclosure to bar associations or

disciplinary boards and to federalagencies when hiring, or conductingbackground checks or securityclearances are proposed to be added tothis system as well. They are describedin greater detail above. In addition, theCommission proposes to add a newroutine use permitting disclosure ofinformation to employees of contractorsengaged by an agency to carry out theagency’s responsibilities under 29 CFRpart 1614. Finally, the Commissionproposes to add a new routine usepermitting disclosure of information topotential witnesses during the course ofan investigation, as may be appropriateand necessary to perform the agency’sfunctions under 29 CFR part 1614. TheCommission has determined that thesefour proposed routine uses are.compatible with the law enforcementpurpose of the system of records.

A complete list of all EEOC systemsof records is published below. Thecomplete text of the notices follows.

For the Commission.Can M. Dominguez,Choir.

EEOC Systems of Records

EEOC—I Age and Equal Pay ActDiscrimination Case Files.

EEOC—2 Attorney Referral List.EEOC—3 Title VII and Americans With

Disabilities Act Discrimination CaseFiles.

EEOC—4 Biographical Files.EEOC—5 Correspondence and

Communications.EEOC—S Employee Assistance Program

Records.EEOC—7 Employee Pay sod Leave Records.EEOC—B Employee Travel and

Reimbursement Records.EEOC—9 Claims Collection Records.EEOC—b Grievance Records.EEOC—li Records of Adverse Actions

Against Nonpreference Eligibles in theExcepted Service.

EEOC—12 Telephone Call Detail Records.EEOC—13 Employee Identification Cards,EEOC—14 Employee Parking Records.EEOC—15 Internal Harassment Inquiries.EEOC—IS Office of Inspector General

Investigative Files.EEOC—17 Defensive Litigation Files.EEOC—18 Reasonable Accommodation

Records.EEOC/GOVT—i Equal Employment

Opportunity in the Federal GovernmentComplaint and Appeal Records.

EEOC—i

SYSTEM NAME:

Age and Equal Pay Act DiscriminationCase Files.

SYSTEM LOCATION:

Field Office where the charge oicomplaint of discrimination was filed(see Appendix A). Records of

49339

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0Federal Register/Vol. 67, No. 146/Tuesday, July 30, 2002/Notices

complaints filed under sac; Lion 321 ofthe Government Employees Rights Actof 1991 are located in the Office ofFederal Operations, 1801. L Street, NW,,Washington, DC 20507, after a hearinghas been requesled.

CATEGORIES OF INDIVIDUALS COVERED BY THESYSTEM:

Persons other than federal employeesand applicants who file charges orcomplaints with EEOC alleging that anemployer, employment agency or labororganization has violated the AgeDiscrimination in Employment Act of1967 or the Equal Pay Act of 1963, orwho file complaints under section 321of the Governm ant Employees RightsAct of 1991.

CATEGORIES OF RECORDS IN THE SYSTEM:

This systen-i contains the recordscompiled during the investigation of ageand equal pay discrimination cases andduring the investigation arid hearing ofcomplaints filed under section 321 ofthe Government Employees Rights Actof 1991. These records include;

a. Documents submitted by chargingparty or complainant such as charge ofdiscrimination, personal interviewstatement, and correspondence.

b. Documents submitted by employersuch as statement of position,correspondence, statements ofwitnesses, documentary evidence suchas personnel files, records of earnings,employee benefit plans, seniority list,job titles and descriptions, applicantdata, organizational charts, collectivebargaining agreements, petition torevoke or modify subpoena.

c. Records gathered and generated byEEOC in the course of its investigationand, in complaints filed under section321 of the Government EmployeesRights Act of 1991, during the hearing,such as letters of referral to state fairemployment practices agencies,correspondence with stale airemployment practices agencies, witnessstatements, investigator’s notes,investigative plan, report of initial andexit interview, investigator’s analyses ofevidence and charge, sub poenas,decisions and letters of determination,conciliation agreements,correspondence and any additionalevidence gathered during the course ofthe investigation.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301; 29 U.S.C. 209, 211, 216,217, 625; 44 U.S.C. 3101; 2 U.S.C. 1220.

PURPOSE(S):

This system is main tamed for thepurpose of enforcing the prohibitionsagainst employment discriminationcontained in the Age Discrimination in

Employment Act, the Equal Pay Act andsection 321 of the GovernmentEmployees Rights Act of 1991.

ROUTINE USES OF RECORDS MAINTAINED IN THESYSTEM, INCLUDING CATEGORIES OF USERS ANDTHE PURPOSES OF SUCH USES:

These records and information inthese records may be used;

a. To disclose pertinent information toa federal, state, or local agency or thirdparty as may be appropriate ornecessary to perform the Commission’sfunctions under the Age Discriminationin Employment Act or Equal Pay Act.

b. To disclose information containedin these records to state and localagencies administering state or local fairemployment practices laws,

c. To disclose non-confidential andnon-privileged information from closedADEA/EPA case files (a file is closedwhen the Commission has terminatedits investigation and has decided not tosue) to the employer where a lawsuithas been filed against the employerinvolving that information, to otheremployees of the same employer whohave been notified by the Commissionof their right under 29 U.S.C. 216 to filea lawsuit on their own behalf, and theirrepresentatives.

d. To pi’ovide information to acongressional office from the record ofan individual in response to an inquiryfrom the congressional office made atthe request of a party to the charge.

a. To disclose pertinent information tothe appropriate federal, state or localagency responsible for investigating,prosecuting, en forcing or implementinga statute, rule, regulation or order,where the EEOC becomes aware of anindication of a violation or potentialviolation of civil or criminal law orregulation.

f. To disclose information to anotherfederal agency, to a court, or to a partyin litigation belore a court or in anadministrative proceeding beingconducted by a federal agency when thegovernment is a party to the judicial oradministrative proceeding.

g. To disclose information to officialsof state or local bar associations ordisciplinary boards or committees whenthey are investigating complaintsagainst attorneys in connection withtheir representation of a party beforeEEOC.

h. To disclose to a Federal agency inthe executive, legislative, or judicialbranch of government, in response to itsrequest information in connection withthe hiring of an employee, the issuanceof a security clearance, the conductingof a security or suitability investigationof an individual, the classifying of jobs,or the lawful statutory, administrative,

or investigative purpose of the agency tothe extent that the information isrelevant and necessary to the requestingagency’s decision,

POLICIES AND PRACTICES FOR STORING,RETRIEVING, ACCESSING, RETAINING, ANDDISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

These records are maintained in filefolders and in computer databases.

RETRIEVABILITY:

These records are retrievable bycharging party name, employer nameand charge number.

SAFEGUARDS:

Paper records are maintained in asecured area to which only authorizedpersonnel have access. Access to anduse of these records is limited to thosepersons whose official duties requiresuch access. The premises are lockedwhen authorized personnel are not onduty. Access to computerized records islimited, through use of access codes andentry logs, to those whose official dutiesrequire access.

RETENTION AND DISPOSAL:

Cases that are dismissed or closed forother than no cause are destroyed sixmonths following the date of dismissalor closure. No cause files that are ofvalue in the development of future classaction or pattern and practice cases areretired to the Federal Records Centerone year after the date of the last actionand destroyed after three additionalyears. All other no cause files aredestroyed one year after the date of thelast action. Negotiated settlement filesare destroyed one year after the calendaryear in which the settlement agreementis signed or after all obligations underthe agreement are satisfied, whicheveroccurs later. Where monetary benefitsare realized in concurrent Age, EqualPay, and Title VII cases, the file isdestroyed three years after the date ofthe last action. Other files are retired tothe Federal Records Center one yearafter the date of the last action,including action in the federal courts orthe last compliance review (the finalreport submitted by the respondent afterconciliation to indicate compliance) anddestroyed after three additional years,except landmark cases. Landmark casesare transferred to the nearest FederalRecords Center two years after finalcourt action and offered to the NationalArchives ten years after final courtaction.

SYSTEM MANAGER(S) AND ADDRESS:

Director of the field office where thecharge was filed (see Appendix A).

CFederal Register/Vol. 67, No. 146/Tuesday, July 30, 2002/Notices 49341

Director of the Office of FederalOperations, 1801 L Street, NW.,Washington, DC 20507.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONSOF THE ACT:

This system is exempt under 5 U.S.C.552a(k)(2) from subsections (c)(3), (d),(e)(l), (e)(4)(G), (e)(4)(T—l), (e)(4l(I) and (I)of the Act.

EEOC-2

SYSTEM NAME:

Attorney Referral List.

SYSTEM LOCATION:

All District Offices (see Appendix A).


Attorneys who represent plain tiffs inemployment discrimination litigation.


This systeni contains attorneys’names, business addresses andtelephone numbers, the nature andamount of civil rights litigationexperience, state and federal baradmission, whether the attorneys havethe capacity and desire to handle classactions; whether the attorneys chargeconsultation fees (and how much);whether the attorneys will waive theconsultation fee; the types of feearrangements the allorneys will accept,and whether the attorneys speak aforeign language fluently.


42 U.S.C. 2000e—4(g); 44 U.S.C. 3101.

PURPOSE(S):

This system is maintained for thspurpose of providing charging parties,upon their request, with informationabout local attorneys who representplaintiffs in employment discriminationlitigation.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

These records and i niormat on inthese records may be used:

a. To refer charging parties toattorneys who handle litigation olemployment discrini motion lawsuits.

b. To provide information 1.0 acongressional office from the record ofan inrliviclual in response to an inquiryfrom the congressional office made atthe request of the indivirlual.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Stored on prepared forms, index cardsand computer databases.

RETRIEVABILITY:

Indexed alphabetically by names ofthe attorneys.

SAFEGUARDS:

Access 10 this system of records isrestricted to EEOC personnel who havea legitimate usc for the information.This system is stored in filing cabinets.Access to computerized records islimited, through use of access codes andentry logs, to those whose official dutiesrequire access.


Files are reviewed and updatedannually.


Regional Attorney at each DistrictOffice (see Appendix A).

NOTIFICATION PROCEDURE:

Inquiries concerning this system ofrecords should be addressed to theappropriate system manager. It isnecessary to furnish the followinginformation: (11 Full name of theindividual whose records are requested;(2) mailing address to which replyshould be seni.

RECORD ACCESS PROCEDURES:

Sa]ue as above.

CONTESTING RECORD PROCEDURES:

Same as above.

RECORD SOURCE CATEGORIES:

The individual on whom the record ismaintained.

EEOC—3

SYSTEM NAME:

Title VII and Americans WithDisabilities Act Discrimination CaseFiles.

SYSTEM LOCATION:

Field Office where the charge ofdiscrimination was filed (see AppendixA).

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Persons, other than federal employeesand applicants, who file chargesalleging thai an employer, employmentagency, labor organization or joint labor-management apprenticeship committeehas violated Title VII of the Civil RightsAct of 1964 or the Americans WithDisabilities Act of 1990, or both.


This system contains recordscompiled clu ring the investigation ofrace, color, religion, sex, and nationalorigin discrimination cases and cases ofdiscrimination against individuals withdisabilities. These records include:

a. Documents submitted by chargingparty, such as charge of discrimination,personal interview statement, medicalrecords and correspondence.

b. Documents submitted by employersuch as statement of position,correspondence, statements ofwitnesses, documentary evidence suchas personnel files, records of earnings,EEO data, employee benefit plans,seniority list, job titles and descriptions,applicant data, organizational charts,collective bargaining agreements,petition to revoke or modify subpoena.

c. Records gathered and generated byEEOC in the course of its investigationsuch as letters to state or local fairemployment practice agencies,correspondence with state fairemployment practice agencies, witnessstatements, investigator’s notes,investigative plan, investigator’sanalyses of the evidence and charge,report of initial and exit interviews,copy of deferral to state, subpoenas,decisions and letters of determination,analysis of deferral agency action,conciliation agreements,correspondence and any additionalevidence gathered during the course ofthe investigation.


5 U.S.C. 301; 42 U.S.C. 2000e—5, —8and—9; 42 U.S.C. 12117; 44 U.S.C. 3101.

PURPOSE(S):

This system is maintained for thepurpose of enforcing the prohibitionsagainst employment discriminationcontained in Title VII of the Civil RightsAct of 1964 and the Americans withDisabilities Act of 1990.


SYSTEM, INCLUOING CATEGORIES OF USERS AND


These records and information inthese records may be used:

a. To disclose pertinent information toa federal, state, or local agency or thirdparty as maybe appropriate ornecessary to perform the Commission’sfunctions under Title VII of the CivilRights Act of 1964 and the AmericansWith Disabilities Act of 1990.

b. To disclose information containedin these records to state and localagencies administering state or local fairemployment practices laws.

c. To disclose non-confidential ornon-privileged information contained inthese records to the following personsafter a notice of right to sue has beenissued:

1. Aggrieved persons and theirattorneys in case files involvingCommissioner Charges provided thatsuch persons have been notified of theirstatus as aggrieved persons;

49342

CFederal Register/Vol. 67, No. 146 /Tuesday, July 30, 2002 /Notices

2. Persons or organizations filing onbehalf of an aggrieved person providedthat the aggrieved person has givenwritten authorization to the person whofiled on his or her behalf to act as theaggrieved person’s agent for thispurpose, and thai r attorneys;

3. Employers and their attorneys,provided thai the charging party oraggrieved person has filed suit underTitle VII or the Americans WithDisabilities Act, or both.

d. To provide information to acongressional office from the record ofan individual in response to an inquiryfrom the congressional office made atthe request of a party to the charge.

a. To disclose pertinent information tothe appropriate federal, stale or localagencies responsible for investigating,prosecuting, enforcing or implementinga statute, rule, regulation or order,where EEOC becomes aware of anindication of a violation or potentialviolation of civil or criminal law orregulation.

f. To disclose information to anotherfederal agency, to a court, or to a partyin litigation before a court or in anadministra Live proceeding beingconducted by a federal agency when thegovernment is a party to the judicial oradministrative proceed i ng.

g. To disclose information to officialsof disciplinary boards or committeesunder the control of a state or localgovernment when they are investigatingcomplaints against attorneys inconnection with theirre1jresentation ofa party before EEOC.

11. To disclose to a Federal agency inthe executive, legislative, or judicialbranch ol government, in response to itsrequest information in connection withthe hiring of an employee, the issuanceof a security clearance, the conductingof a security or suitability investigationof an individual, the classifying of jobs,or the lawful statutory, administrative,or investigative purpose of the agency tothe extent that Ihe information isrelevant and necessary to the requestingagency’s decision.

POLICIES AND PRAcTICES FOR STORING,

RETRIEVING, AcCEssING, RETAINING, AND


STORAGE:

These records are maintained in filefolders and in computer databases.

RETRIEVABILITY:

These records are retrievable bycharging party name, employer nameand charge number.

SAFEGUARDS:

Paper records are maintained in asecured area to which only authoried

personnel have access. Access to anduse of these records is limited to thosepersons whose official duties requiresuch access. The premises are lockedwhen authorized personnel are not onduty. Access to computerized records islimited, through use of access codes andentry logs, to those whose official dutiesrequire access.


Cases that are dismissed or closed forother than no cause are destroyed sixmonths following the date of dismissalor closure. No cause files that are ofvalue in the development of future classaction or pattern and practice cases areretired to the Federal Records Centerone year after the date of the last actionand destroyed after three additionalyears. All other no cause files aredestroyed one year after the date of thelast action. Negotiated settlement filesare destroyed one year after the calendaryear in which the settlement agreementis signed or after all obligations underthe agreement are satisfied, whicheveroccurs later. Where monetary benefitsare realized in concurrent Age, EqualPay, Title VII and Americans WithDisabilities Act cases, the file isdestroyed three years after the date ofthe last action, Other files are retired tothe Federal Records Center one yearafter the date of the last action,including action in the federal courts orthe last compliance review (the finalreport submitted by the respondent afterconciliation to indicate compliance) anddestroyed after three additional years,except landmark cases. Landmark casesare transferred to the nearest FederalRecords Center two years after finalcourt action and offered to the NationalArchives ten years after final courtaction.


Director of the field office where thecharge was filed.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT:

This system is exempt under 5 U.S.C.552a(k)(2) from subsections (c)(3), (d),(e)(1), (e)(4)(G), (e)(4)(H), (a) (4)(I), and (I’)of the Act.

EEOC—4

SYSTEM NAME:

Biographical Files.

SYSTEM LOCATION:

Office of Communications andLegislative Affairs, Equal EmploymentOpportunity Commission, 1801 L Street,NW,, Washington, DC 20507.


Current and former Commissioners,General Counsels and Commissionofficials.


Includes for each the name, date andplace of birth, education, employmenthistory, and other biographicalinformation.


44 U.S.C. 3101, 42 U.S.C. 2000e—4.

PURPOSE(S):

This system is maintained for thepurpose of providing information aboutEEOC officials to members of theCongress and the public.


SYSTEM, INCLUDING CATEGORIES OF USERS AND


These records and information inthese records may be used

a. To answer public and congressionalinquiries regarding EEOCCommissioners, General Counsels andCommission officials.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING AND


STORAGE:

Stored in locking metal file cabinetsavailable to office employees and oncomputer databases.

RETREIVABILITY:

Indexed by last name of theCommissioner, General Counsel orCommission official.

SAFEGUARDS:

Files are kept in the Office ofCommunications and LegislativeAffairs, which is locked evenings,weekends and holidays. Access tocomputerized records is limited,through use of access codes and entrylogs, to those whose official dutiesrequire access.


Maintained permanently.


Director, Office of Communicationsand Legislative Affairs, EqualEmployment Opportunity Commission,1801 L Street, NW., Washington, DC20507.

NOTIFICATION PROCEDURES:

Inquiries concerning this system ofrecords should be addressed to thesystem manager. All inquiries shnuldfurnish the full name of the individualand the mailing address to which thereply should be mailed.

.0” i-

Federal Register/Vol. 71, No. 80/Wednesday, April 26, ZOOS INobces 2470frçrp 0 -to-Lhe--P rdn--d-ogcos.o-os1-sctivities of Uso inspectors Conorid./

\tiio Coirunissiors proposes to add o /no system of roco.rcls, EEOC—ig, /Ne4tsrint t’i.incj Rogissxstions. Tho /Corr\rnission’s Fcvolvirig fuord was IostAofsod by Congress to permit ICCtO prV)ClO cquaj Yrploymont /oppor\unity training and tochnicsl/st cost to ernployors onindivicltUols end use Ure proceeds/forfurther, t\1’oining sod technical /esoistru’ir\e. The Revolv.ing Fund/

p3.OpOSOs\to twop s ciciteboso of /il’orxitrtt\n oboul Lbs petsons/who hoveettondod ll ining or tecbnai(tSSs(Cnce \rogresns. The seg/strotioninform ion\is usod by Revoving Funds1.l.f for the1’rogce.m in con/wclion withwhich it wss\fecoivod end for mlingschord future f)’ogrems. Th/ca xouti.oouses oro propo\(sd for SN is /r o system.The ComrnisJion olso pfroposes to oddas new system of\records/EEOC—20.RESOLVT Progrrt’n Rec6rds. RESOLVEs tPiOC’.c iniorna\ elio1fnotiue disp’ut,oresolution prograi\’i. D’le 12ESOLVEProgram providos k Irusn to EIIOCemployees for don S\sflormol resolution ofo variety of worZp(o\fe disputes so onStIerOClivO to Uso pl.\cedures Iheten’sployess Lroditio/la\ty uso to rosolvcdisputes, such es yloo fçEO comptainiprocoss ond ther1lsgoti°ted end

OtlnIinistrAlive g/wvoni\e procedures.RESOLVE cos’ar,l a vaxii\ty of corn.monworkploco diop/itos snd\ssues, such esterms crsd cou(rtions of r\rnptoyrnont,roftuosts fox r6sonable oconsmoclaLionand ol(ge1iol.s of employ antd set irninotigtn. Three rout no uses areproposed fof this new syste n.

Tiso1rot/secl routine use, for EEOC—‘16, Office /1 Inspector Gonon 1Jrsvcstigot/ve t5ilos, ovid Lbs t oproposetnow systEms of eco ds meetUrn corn /alibil it.y criloria sinco thoisofossnsglioi’a involvoci is eottectt d for l.lropurpOs/ of the rrppticable routin usos.- Vi) ausficiprrte that soy disclos LiftpuustSnt to Lbeso too lino rises wi I notrcsui icr tory urscdorrrrtod adverseclle7s on persdha) privacy.

• 7/sicily. Usc Conronission has eeoc dodAtr/oondu A to toflccl the current nrc assiy’d addrosses of its offices in Use fiet’l./tor tho Cenomission,

frir’i tot. 130cr I iitue,_,

Accordingly, it is proposed Usat:‘.LEEOC—i, figs) nd Eqirol Pity ActDiscrimination Case Files, most recentlypublished at 67 FR 49338, 49339 (July30, 2002), is amended as set forth bolow..

SYSTEM MANAGER(S) otto 0000Ess:Ois’ector of Lhe ofbco in the field

where the chao’go wits filed (senAppendix A). Director of (too Office ofField Pregromo. 1801 L Street. NW.,Washington, DC 20507. Diroclor of theOff’ico of Federal Oporshons 1801 LStreet, NW., °Nsslsington, DC 20507(only for cornptaints filed under section321 of the Covernmoot Employees RightAct of 199:1).2. EEOC—S. Tills VU and AmericansWiLts Disabilities Act Qiscriis’ssrrtttionCase Tiles, most recently pubtishd el67 FIt E9330, 493’S1 (July 30, 2002), isamended as set forth below.

- SYSTEM MANAGER(S) RHO 000tSESSDirector of the office in t,ho fold

where Use cba.rgewes filed (seeAppendix A). Director of thc Office of‘Field t’rogrofrss, 1003. L Stroot NW.,Wsslsin ton. DC 20507.

Gonarol Investigative Files, most /re andy published at 67 FR 9330, ,/49’ 51 (July 30, 2002). is ou’nended p’s setfort below.

tsOu’riN uses or nec000s MAINTAIN’ IN THESYSTEM EctuolNo CATEGORIES OF u,tRS AND‘rota POOP SOS OF SucH uses: /

g. To dr ,c(esa informetion/oauthorize officials of the JOtesirlent’sCouncil on ntegrity sod S iciencyfPCIE) ond toe Executive ouncd onIntegrity ond Efficiency ( ,CIE), theDepa.rb’nenl o Justice, at d the FederalEuresu of (nyc tigolion or Use purposeof conducting p ofitoLi e assessmootreviews of the 0 bce InspectorGeneral’s invcsti Ii operations.

I). To discloso ir f -motion toauthorized official of the PCIE and theEC for their proçt ahon of roporis tothe President sOd/lb Congress on Useaclivitios of the lylspts tors General.

4. EEOC/GOV/(’—1 Is ‘us) EncptoyrnentOpportunity inJt..ho Fed rn) Covet nrncntComptoint onr/Appcet 1 ecords, mostrecently publ7shed art 67 5R 49338,49351 (July O, 2002), is a ended as sotforth below/

SYSTEM MAN/G5R(S) ANO ADORESWithin/ho ogoracy or dopes mesot

where tl)4 compisiot of discri inaitiunwas file, the systorsi enainager s theOixectql of the Office of EqualEmptr/yment Opportunity or olh orofhci/l designeted es rosponsohlc for tlsoadrss/nistration and onforcement ocpu/I onsployrnont opporlunity tevsan rogutalions within the agency 0d q’o icr Los ent -

/ (Ntoere an individual has rectuostetd

.c3nHmtJoo-Bicontoncrl’tlsrr0ftmnaI ie(rl Pmogrenos. 1803 L Strrol, NW..Vi nsliingtors. DC 20507.

to ore us 5130 cern ph tint or fin atsoo1’oiiotort groves so rlccisio 1,01Opf eatert to EEOC or sic irsriiuinluol/lssrspelt toned 513CC (‘or reviow of ii Idee:orr of Use Mar31 Systems Ps’n/ectiont3oe.cn , Uso System norrnsger of Usejrrppeator t° itson fits is floe Director, Ol(hco ofFodor I Oporsttons. ioo:t L Stro/t, NW.,Wsslsi cgtora, DC.

S. EL C—to, Revolving Tuni:Registrr 1 orso. l.c ad ded ass sot ft rt.hbelow

Eeoc—la -

SYS’iiiM NA5I5

tlovolviv p ‘Euvont tlegrstrrs ons

SYSTEM Loce TON:

ftootv i’u,scl Divisio1s Office oft°iol rt Progrirt os, Eusl ito/pt oymn errSOtsisortun i ly 3ens m ssiog{. 51301 1,. Street,NW , Wrsshtn1ton DCcArE600IES or t otvrouAr,coSEtteo isY soleSYSTEM: /

Individusts woo mnpr{slcr’ toe or artlosodEEOC flovolvirog Pun/ programs,courses mont cent rot :05 noel wIrepurchos e publ ice ‘0 it end prociri cUr.

cATEGoirItsS OF trtCor s itt stir: sYstEM:

‘Ito sysl ens cent ,ns Ussr tin mci - ohtitles, conspany. ox1sniznstiorr or nsgcncyrsarncs, business at :te esses slott ptsonenunsbera, ens oil e . tim sacs - anys’eesonsbt e eccom iso or at ion rncjn os tori,and trttcnrlsnce r pstr ts:iso clartos. Somoof tIre records em sy con air)1syrsscntin formsti on, dot induct -y of Urncompany, sod tori si’r.e cf thecstahl isIs mon I

AuTtiOltil V POtS tAtNrEeAeclUpr’ TISE SYSTEM

42 U.S.C. .000o—4(ld.

‘unrest(s):

Those ro :ords azo trasints nod for UsepropOse o adorn r stun tog Er vnlvingTo nrt fro ran’s and pubt i cil n; futureprogram -

t50UTthE I SES OF nttCOtlOS MAINTIII ED tN TttESYSTEM, ct.OotNO Cs rrr;ots)ES OF dIOtS ANt)TilE euPt OSES OF sucH uses:

TIse. e records snrl i,rforttssuh sriUseso t:cord s nosy he uscd tn:

a. S nd r’nrtrlintfs tO rogiSlrsJstS ondas tten/loes oct uerti sing hi lure Roy vi rtgFungt progrossiS.

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sr•ioo EECCN130021 10/01/2012 2113FPSLPOO54

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