040ADV-27-Q-0002.pdf

STATE

COMPANY

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

1. REQUEST NO.

040ADV-27-Q-0002

5a. ISSUED BY

6. DELIVER BY (Date)

PAGE OF PAGES

1 35

RATING

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

See Schedule

7. DELIVERY

OTHER

NAME

a. NAME

8. TO:

FOB DESTINATION

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

(See Schedule)

d. CITY e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

12/11/2026

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS

b. 20 CALENDAR DAYS

c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AREA CODE NUMBER

TELEPHONE NUMBER

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

3. REQUISITION/PURCHASE REQUEST NO. 2. DATE ISSUED

IS IS NOT A SMALL BUSINESS SET-ASIDE THIS RFQ

TABLE OF CONTENTS:

1. Listing of Incorporated Purchase Requisitions

2. Section B - Supplies or Services and Prices/Costs

3. Section C - Description/Specifications/Work Statement

4. Section D - Packaging and Marking

5. Section E - Inspection and Acceptance Terms

6. Section F - Delivery or Performance

7. Section G - Contract Administration Data

8. Section H - Special Contract Requirements

9. Section I - Contract Clauses

10. Section J - List of Documents, Exhibits, and other Attachments

11. Section K - Representations, Certifications, and Other Statements of Quoters

12. Section L - Instructions, Conditions and Notices to Quoters

13. Section M - Evaluation Factors for Award

1. Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers: PR-26-GPO-2975

2. Section B - Supplies or Services and Prices/Costs

Section B.1

The Government Publishing Office (GPO), Agency Equal Employment Opportunity (AEEO), seeks to establish a single award Blanket Purchase Agreement (BPA) for EEO services supporting complaint processing, investigations, ADR, FAD support, anti-harassment, training, affirmative employment, and related EEO program requirements. Services will be ordered as needed throughout the BPA ordering period. The Government reserves the right to make one or more awards based upon the number of acceptable quotations received, the Government’s requirements, and the availability of funding. The aggregate value of all calls placed under this BPA is not expected to exceed $250K over a five-year ordering period.

Item Number Base Item Number

Supplies/Services Quantity Unit

0001 EEO Complaint Counseling/Intake Support

Contract Type: Firm Fixed Price Unit Price Extended Price

Description:

Purchase Requisitions

IDC Type: Not Applicable

Supplies/Services

000101 Alternative Dispute Resolution/Mediation Services

Supplies/Services

000102 EEO Investigation and Reports of Investigation

Supplies/Services

000103 Final Agency Decision/Legal Writing Support

Supplies/Services

000104 Management Inquiries/ Anti- Harassment Support

Supplies/Services

000105 EEO Training Services

Supplies/Services

000106 Affirmative Employment/ Mandated Reporting Support

Supplies/Services

000107 Other EEO Program Support/ Consultation

3. Section C - Description/Specifications/Work Statement

Background

Agency Equal Employment Opportunity (AEEO) provides full EEO services to GPO Teammates. To further serve GPO Teammates, additional EEO services is needed to support EEO’s required duties.

EEO is required to provide GPO’s EEO functions as defined by federal law, executive orders, and policies that pertain to EEO’s world of work. EEO is bind by EEOC’s requirement and other anti-discriminatory laws for the following program:

• Anti-Harassment Program o Management Inquiries

• EEO-related assessments

• EEO Related Training

• Alternative Dispute Resolution (ADR) Program o EEO o Workplace

• Mandated EEO Reports

• EEO Complaints Informal and Formal Process (timely)

• Final Agency Decision (FAD)

This is expected to be Blanket Purchase Agreement contract with possible multiple awards to provide Agency Equal Employment Opportunity (EEO) EEO Services. The Government shall not exercise any supervision or control over the contract service providers performing the services. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

Objectives Obtain effective EEO Services contracts to support and comply with Federal Government EEO requirement such as Legislative Branch cases, the needs of Agency EEO for processing of EEO Complaints (from contact to Formal), Alternative Dispute Resolution (Workplace and EEO-related), Management Inquiries, EEO Trainings, Mandated Reports, and other EEO-related services.

EEO Services Contractor should be able to support the following programs:

• Affirmative Employment Programs

• EEO Complaints Program

• Harassment Free (Anti-Harassment) Program

Scope

The scope of this statement of work (SOW) included allegations of discrimination, workplace conflict, harassment and Affirmative Employment Program related to federal EEO programs involving Agency employees, applicants for employment, former employees, or contract employees that qualify as Federal Employees (contingent workers) covered by 29 Code of Federal Regulation (C.F.R.) Part 1614 and any subsequent law, statute, regulation, or directive. This SOW also provides guidelines for EEO processing for the Agency to comply with federal EEO laws and policies, including, but not limited to, 29 C.F.R. § 1614, MD 110 standards, and Legislative Branch policies and directives. This SOW provides guidance on additional services required to maintain an effective EEO program.

Tasks

3.1 EEO Task Areas

The Contractor shall provide services for Agency Equal Employment Opportunity Program to include the following task listed below. The Contractor shall provide all labor, supervision, and quality control necessary to provide comprehensive services.

Task 4.1 Affirmative Employment Program Task 4.2 Complaints Processing Program Task 4.3 Anti-Harassment Program

3.2 Project Milestones/Completion Dates (Estimates and as applicable)

Task

Work Milestones

Projected Completion Date

4.1 Affirmative Employment Program As Assigned

4.2 Complaints Processing Program As Assigned

4.3 Anti-Harassment Program As Assigned

This contract is expected to be one base year and four option years. As tasks are assigned, the agency timeframes will be provided as required by GPO AEEO and/or regulatory guidelines as specified by the Agency.

4.1 Task 1 - Affirmative Employment Program

During the duration of the contract, the vendor that provides services under the Affirmative Employment Program will be responsible for providing products that align with the requirements of GPO’s EEO program:

• Policy o Drafting EEO Related Policy

• Training o Development of EEO Training

• EEO Related Reports

• EEO Assessments o Climate Assessment o Site Assessment Questionnaire

These tasks will require a product such as a report, statements from interviews, etc.

4.2 Task 2 - EEO Complaints Processing Program

During the duration of the contract, the awardee of the contract may receive requests to provide the following services

(tasks) for EEO Complaints processing:

• Complaints Processing o Informal Counseling o Formal Acceptance and/or Dismissals Investigations

• Final Agency Decision o Drafting

Procedure Dismissals Final Orders Final Actions

• Alternative Dispute Resolution (ADR) for EEO Complaints o Various methods that may be applicable to the workforce

Contractors providing services for EEO Complaints Processing should have competent skills to meet all the federally mandated task outlined by EEOC/Legislative Branch and GPO when it comes to processing EEO Complaints filed by GPO employees (former or current) or applicants. Assignments will be required to meet GPO-specified timeframes upon assignment.

4.3 Task 3 – Anti-Harassment Program

Management Analyst/Program Support/Manager should be able to meet all duties associated with the following task:

• Management Inquiries o Interviews o Providing Recommendations

• Alternative Dispute Resolution for Workplace Matters o Various methods that may be applicable to the workforce

Deliverable Schedule The contractor will be performing the day-to-day functions of an EEO Specialist while working in EEO during the duration of the contract. Once the contract is awarded, the contractor will be informed of the program they will be responsible for supporting. The contractor will be expected to have the ability to perform and knowledge of two or more areas within EEOs program.

Affirmative Employment Program TASKS/SERVICES.

Deliverable Description Quantity/Media Date Completed

1 Draft EEO-related Policies

As applicable Ongoing

2 EEO Related Reports

3 EEO Related Assessments

4 EEO and EEO Workplace Related Training

DELIVERABLES: For requirements under the Affirmative Employment Program, when services are needed, the ACP will provide guidance to the contractor on the desired product. The work timeframe will be provided to the contractor upon assignment. The quality and delivery timeframes will be monitored as stated for the processes above. All deliverables to the Government within a reasonable timeframe or prior to what is mandated by law.

REFERENCE MATERIALS

The Contractor shall be responsible for printing, design, distribution, data collection and analysis, information organization, editing, copyrighting, and future editions. Materials designed specifically for the Government shall become the property of the Government and shall not be used commercially by the Contractor.

The Agency shall be responsible for:

1. Developing objectives and general specifications for the content and format of the material ordered and providing it to the Contractor

2. Reviewing and evaluating materials developed

3. Defining the audience

4. Determining the number of copies to be delivered

5. Determining the scope of distribution

6. Providing assistance and general guidance to the Contractor, as requested.

DELIVERABLES AND GUIDANCE: All deliverables will be provided to the Government within a reasonable timeframe or prior to what is mandated by law.

CASE ASSIGNMENT AND MANAGEMENT

PRE-COMPLAINT PROCESSING

The Contractor shall provide EEO counseling to employees, applicants for employment, and relevant Contractors who believe they have been discriminated against on the basis of race, color, religion, sex, national origin, sexual orientation, age, disability, or genetic information.

Where an aggrieved person requests to participate in the alternative dispute resolution program, the Contractor shall refer the request for ADR to the ACP, the Managing Director, EEO (or Designee) for coordination.

The Contractor shall conduct counseling activities in accordance with 29 C.F.R. § 1614.105 and EEOC MD 110. Upon completion of informal counseling efforts, the Contractor shall prepare a written counseling report within 15 days of issuance of the Notice of Right to File.

If the case appears to be a COI with AEEO, Contractor may be required to cease work or work with another agency, identified by AEEO, to complete processing.

EEO COUNSELING - INDIVIDUAL AND CLASS COMPLAINT

The counseling service shall be performed in accordance with the Equal Employment Opportunity Commission (EEOC) regulations set forth at 29 C.F.R. Part 1614; EEO Management Directive (MD)-110; EEOC’s “A Guide to Effective EEO Counseling”; and any subsequent law, statute, regulation, or directive included within the scope of this contract. If resolution efforts are successful, a proposed settlement agreement shall be prepared and coordinated with the COR.

Three types of potential complaints may be counseled: (1) individual, (2) class, and (3) consolidated.

For complaints consolidated for multiple Complainants, the Contractor shall consolidate the counseling activity.

However, all counseling reports shall be individualized. For example, if three allegations are raised over non-selection (two on the basis of age and one on the basis of race and sex), the Contractor shall perform all necessary interviews and discuss all of the complaints with the responsible official(s), but shall provide three (3) individual Reports of Counseling (one concerning the first aggrieved’ s allegation(s), one concerning the second aggrieved’ s allegation(s), and one concerning the third aggrieved’ s allegation(s)).

The counseling service shall include at a minimum the following:

Counseling Plan: The Contractor shall provide a plan of action to complete the counseling task. Any such plan will be prepared in the format specified by the Agency.

Issue(s) and Basis (es) Determination: The Contractor shall determine the specific action(s) that caused the aggrieved person to believe he/she is a victim of discrimination. The Contractor shall clearly define the issues the aggrieved person’s (AP) raised during the Counseling.

Inquiry: The Contractor shall interview relevant individuals to secure information about the issue and review relevant Agency records. The Contractor’s counseling report shall include all relevant dates for each allegation raised to ensure that the issue was raised in a timely manner. The Contractor shall also determine and retrieve the relevant documentation/information pertaining to the action giving rise to the issue being grieved and make them part of the counseling report.

Informal Resolution Efforts: The Contractor shall attempt resolution of the issue(s) and document all resolution efforts.

All resolution efforts shall be coordinated with the Agency contact person (ACP). If the allegation(s) is resolved, the Contractor must prepare the specific terms and conditions of the settlement agreement and signed by the parties specified by the ACP. Any resolution must be coordinated with the Managing Director, EEO (or Designee) prior to signature.

Withdrawal: If the AP elects to withdraw the pre-complaint, the withdrawal must be in writing. The EEO Counselor will submit all pre-complaint documents to the EEO office within 3 days of receipt of the withdrawal.

Report of Counseling: The Contractor shall ensure that the Counseling Report includes but is not limited to the following:

a. A precise description of the issue(s) counseled, and the basis(es) stated by the Complainant;

b. Relevant documents gathered during the inquiry;

c. Specific information bearing on timeliness of the counseling contact;

d. If timeliness appears to be a factor, a written explanation for the delay;

e. An indication as to whether an attempt to resolve the complaint was made and a summary of any resolution effort;

f. Contractor’s Advice to the Aggrieved Person/Notice of Rights and Responsibilities: The Contractor shall, in accordance with MD-110, Chapter 2, Attachment E, EEO Counselor Checklist, advise individuals in writing of their rights and responsibilities.

The Contractor shall advise the aggrieved person in writing, of the following, in accordance with 29 C.F.R. 1614.105(b):

a. EEO complaint process;

b. ADR or Traditional Counseling Option (Information ONLY);

c. Right to anonymity;

d. Right to representation;

e. Duty to mitigate damages;

f. Duty to keep the Agency informed of current mailing address;

g. Duty to serve copies of appeal papers on the Agency; and

h. Notice of possible applicability of 5 U.S.C. § 7121(d) to alleged discriminatory action.

The Agency shall:

1. Upon request, the ACP will provide reasonable accommodations or aids for disabled individuals.

2. Forward the case file to the Contractor. The file shall include the letter of authorization to counsel the aggrieved individual(s); informal complaint documents, if applicable; and an intake sheet providing a summary of the circumstances or issue(s) of the complaint as presented.

3. Inform Agency personnel of their duty to cooperate and that failure to cooperate with the Contractor may result in disciplinary action and/or drawing of adverse inference(s).

4. Have the option of requesting the Contractor to submit a counseling plan. If the Agency requests a copy of the plan, the ACP shall review the plan and discuss any concerns or discrepancies with the Contractor.

5. If necessary, assist in the coordination of appointment(s) made by the Contractor with management official(s) to discuss resolution.

The Contractor shall:

1. Gather all relevant documentary and statistical information as outlined in but not limited to the Complaint Counseling Checklist according to EEOC’s MD-110).

2. Present all parties the Letter of Authorization prior to the start an interview or conference.

3. Inform each person interviewed that he/she has been identified as having information relevant to the issue of noncompliance.

4. Inform each person interviewed of his/her right to present evidence.

5. Disclose information or documents, as necessary, to obtain information from persons interviewed and to explain the issue(s) of noncompliance.

INFORMAL/ADMINISTRATIVE FILE

The Contractor shall receive an administrative file for each informal complaint to be counseled. Upon receipt of the administrative file, the Contractor shall verify that they received the intake information and relevant dates of contact with the EEO Office. The administrative file will contain the written request for EEO counseling (pre-complaint) and any other supporting documentation for the request for counseling.

FORMAL COMPLAINTS

Letter of

When needed, drafting letters of acceptance and/or dismissal. They should be completed within ten (10) days of assignment. Agency letter will be provided. Must adhere to

INVESTIGATIONS

CONDUCTING EEO INVESTIGATIONS

The Contractor shall conduct EEO investigations in accordance with 29 C.F.R. § 1614.106, MD 110, Chapter 6.

METHOD OF INVESTIGATION

The investigative process shall include:

1. Obtaining relevant documentary information including statistical data;

a. Securing testimony;

b. Conducting interviews telephonically, electronically (via interrogatories) or by other means as deemed appropriate. In person, when requested and authorized by the COR, Managing Director, AEEO or Designee, conducting an in-person or on-site visit for outlying Agency personnel.

c. Planning and preparing the report of investigation including the draft and final reports;

2. Telephonic or electronic interviews are the preferred method; however, at Agency’s discretion, ACP may authorize the use of various investigative methods to complete the investigation. These methods include an exchange of letters or memoranda, interrogatories, affidavits, fact-finding conferences, or any other method or combination of methods that will lead to the development of a complete and factual record. There may be instances where assignments may have a need to be in-person.

3. The ACP will determine the category of the complaint and number of claims contained in the complaint.

Disagreements between the Agency and the Contractor shall be resolved by discussion between the ACP and the Contractor using Contractor’s pricing guidelines making distinction between claims and allegations. All disagreements must be resolved prior to Contractor incurring any cost such as developing an IP, etc. If a change is required, Agency shall amend the delivery order.

PLANNING AND PREPARATION

AGENCY RESPONSIBILITIES

To conduct the investigation as efficiently as possible, the Agency shall:

1. Upon request, the ACP or Designee will ensure that reasonable accommodations or aids for disabled individuals are promptly coordinated with the Reasonable Accommodations Manager and provided.

2. In order to secure testimony as efficiently as possible, the Agency shall:

a. Inform Complainant(s) of his/her obligation to cooperate with the investigator or risk dismissal of the complaint.

3. Inform other witnesses of the duty to cooperate and that failure to cooperate with the investigator may result in some form of disciplinary action or result in the EEOC drawing an adverse inference against the Agency. Forward the case assignment to the Contractor by electronic delivery (emails or Contractor uploading platforms), Contractor will need to confirm receipt. The Contractor will receive the Letter of Authorization to Contractor upon approval of the IP.

4. Review and approve the investigation plan within five (5) business days of receipt by the Agency; approve the

Request for Information within five (5) business days and submit the approved Request for information to the appropriate Agency personnel to obtain the requested information/documents for the Contractor within ten (10) business days of receipt; and, review the draft report of investigation within five (5) business days of receipt by the Agency.

5. Return insufficient draft report(s) of investigation to the Contractor for correction within five (5) business days of receipt for corrections.

CONTRACTOR RESPONSIBILITIES

In order to conduct the investigation as efficiently as possible, the Contractor shall:

1. Within five (5) business days after receipt of the case assignment, develop an Investigative Plan (IP) that shall include all steps of the investigation. The plan shall be provided to the Agency, via e-mail, for review and approval.

The COR or (or Designee) shall approve or disapprove the plan within five (5) business days of receipt. If the plan is not approved, the Contractor shall submit a revised plan within three (3) business days of the Contractor’s receipt or notice of the disapproved plan.

2. Within five (5) business days after receipt of the case assignment, develop a Request for Information that shall include all relevant documents needed for the investigation. The Request for Information shall be provided to the ACP, for review and approval. The COR (or Designee) shall approve or disapprove the Request for Information within seven (7) business days of receipt. If the Request for Information is not approved, the Contractor shall submit a revised Request for Information within three (3) business days of the Contractor’s receipt or notice of the disapproved Request for Information. This should be included with the IP to streamline the investigation process.

3. Initiate contact with any of the Complainant, Responsible Management Official, or witness, schedule interviews, or begin gathering any information once the Investigative Plan is approved. Be prepared to conduct telephonic interviews with parties who are having trouble completing their statements.

4. Provide a copy of the Letter of Authorization for the investigation to all witnesses prior to the start of the interview.

5. Allow Complainant an opportunity to review relevant portions of the Responsible Management Officials’ affidavits in order to prepare a rebuttal affidavit.

6. Obtain testimony under oath or affirmation without a pledge of confidence.

7. Allow witnesses to make changes to his/her affidavit and require witnesses to initial ALL changes made. If substantive changes to the testimony relating to the issue(s) are made, the rewritten or retyped signed affidavit and the original affidavit shall be included in the investigative file. In this case, the Contractor shall prepare a memorandum to the file explaining the inclusion in the file.

8. Review all relevant personnel records and statistical data and make copies as needed for inclusion in the report of investigation.

9. Immediately notify the ACP or Designee when a new claim(s) is (are) raised with the investigator or a new complaint is filed during the investigation of a complaint.

10. Contact the ACP or Designee immediately in writing to request assistance should the Contractor have difficulty in obtaining documentary evidence or statistical information.

11. Document all issues with obtaining testimony and documents related from agency for inclusion in the record. This includes, but is not limited to, emails from AEEO attempting to get the requested items, investigators' attempts, emails, and certified mail.

12. Submit via e-mail or Contractor file share site a draft Report of Investigation, which includes the investigative summary and completed affidavits, within forty-five (45) days of IP approval.

13. After review and approval of the draft ROI by the Agency, the Contractor shall transmit an electronic original Report of Investigation and a sanitized copy a for each Complainant within five (5) calendar days of draft ROI approval.

(Format shall comply with EEOC MD-110). The Original shall be marked or stamped “Original”. It should also have a PII/Privacy statement attached to the front cover.

AMENDMENTS

Pursuant to 29 C.F.R. §1614.106 (d) a Complainant may amend a pending EEO complaint to add claims that are like or related to those claim(s) raised in the pending complaint. If the Agency decides to investigate the new claim as an amendment to the ongoing investigation, the ACP shall contact the Contractor to modify the delivery order.

Amendments received by the Contractor prior to the draft approval will be at the agreed-upon price stated with the applicable extension of timelines. Each Amendment received by Contractor after the draft ROI has been approved by Agency will be subject to a reasonable additional cost incurred, with the applicable extension of timelines. If a complaint is amended the Contractor shall have an additional 45 days from the Contractor’s receipt of the amendment to complete the investigation.

CONSOLIDATIONS

Pursuant to 29 C.F.R. §1614.606, the Agency shall consolidate two or more complaints filed by the same Complainant and may consolidate complaints filed by two or more Complainants if the complaints consist of substantially the same allegations of discrimination or relate to the same matter. If the Agency decides to investigate the new allegations as a consolidation of the ongoing investigation, the ACP shall contact the Contractor and take the appropriate steps to modify the delivery order via a modification of the price and extension of time. Consolidations received by the Contractor prior to the draft approval will be at the agreed-upon cost, with the applicable extension of timelines. Each consolidation received by the Contractor after the draft ROI has been approved by Agency will be completed at the supplemental price as agreed-upon with the applicable extension of timelines. If a pending complaint is consolidated, the Contractor shall have an additional 45 days from the Contractor’s receipt of the consolidation to complete the investigation each time the pending complaint is subject to an additional consolidation claim.

MIXED CASES

The Contractor shall complete mixed case investigations within forty (40) days of the date of the Investigative Plan is approved. The Agency agrees to refrain from amending or consolidating non-mixed case claims with mixed case claims

SUPPLEMENTAL INVESTIGATIONS

If a complaint is remanded from any authority of the EEOC or Agency for a supplemental investigation, the Contractor shall perform the supplemental investigation. The Agency shall specify the delivery date of the supplemental report of investigation on the delivery order. Within seven (7) business days of receipt of the supplemental investigation report, the ACP or Designee shall accept, reject, or request modification to the Report. In cases of either rejection or modification for deficiencies, the Contractor shall make the changes at no additional cost and forward the revised report to the ACP or Designee within ten (10) business days of receipt of the ACP’s or Designee’s comments. The supplemental report of investigation shall be marked or stamped Supplemental Investigation.

REQUESTS FOR EXTENSION AND EXPEDITED INVESTIGATIONS

The Agency may, at its discretion, grant an extension requested by the Contractor or the Complainant if the extension is requested at least ten (10) business days prior to the due date of a ROI. A request for extension supported by the written agreement of the Complainant to extend the time limits will be granted by the Agency if it is received before the due date of the final Report of Investigation so long as it is consistent with the provisions of 29 C.F.R. §1614.108(e).

A request for extension supported by the written agreement of the Complainant may not extend the investigation period beyond the regulatory time limits for investigations and may constitute the Contractor’s failure to timely deliver, which is subject to penalties herein stated.

In certain occurrences, the Agency will require an expedited investigation. The degree of urgency will determine the period in which the completed investigation and delivery of the final ROI is required. If expedited services are requested, it will be specifically when a quote is requested and noted in the purchase order.

SECURING TESTIMONY

1. Provide all witnesses the Letter of Authorization for the investigation prior to the start of the interview.

2. Allow Complainant to review relevant portions of the Responding Management Officials’ affidavits or other witnesses in order to prepare a rebuttal affidavit.

3. Obtain testimony under oath or affirmation without a pledge of confidence.

4. Allow the witness to change his/her affidavit and require the witness to initial each change made. If substantive changes to the testimony relating to the issue(s) are made, the rewritten or retyped signed affidavit and the original affidavit shall be included in the investigative file. In this case, the Contractor shall prepare a memorandum to the file explaining the inclusion in the file.

5. Witnesses who are No Longer Employed with the Agency/Federal Government. If a witness has retired or left federal service, the investigator must contact the Agency to obtain contact information. The investigator must attempt contacting the witness to ascertain whether the witness is willing to testify. If the witness declines to testify, the investigator must document the witnesses’ decision in the ROI, citing the exhibit containing the dates and method of contact. If a witness has left the Agency but remains in the federal service, they are required to cooperate.

TECHNICAL APPROACHES

Other technical approaches may be used with prior approval by the Agency. All pertinent testimony shall be secured from witnesses under oath, affirmation, or under penalty of perjury. To afford Complainants an opportunity to show pretext, addenda to affidavits and/or supplemental affidavits from the primary parties to the complaint (i.e., Complainant, Responding Management Official) may be necessary.

COLLECTING AND VERIFYING INFORMATION/EVIDENCE

The Contractor shall gather relevant documentary and statistical information for each investigation as outlined in, but not limited to, EEOC MD-110. To gather relevant documentary and statistical evidence the Contractor shall:

1. Submit to the Agency simultaneously with the investigative plan, a Request for Information, listing all documents being sought for the investigation. The Agency will review and approve the Request for Information within five (5) business days.

2. Obtain objective evidence regarding all claims for compensatory damages, e.g., medical records, or any other such documentation that would verify that an injury or harm occurred, unless the Complainant affirmatively expresses in writing that he or she is not seeking compensatory damages.

3. Request from the ACP or Designee copies of all relevant personnel records and statistical data needed for inclusion in the ROI.

4. Assemble the records/data collected in the format specified by the Agency.

5. If the Contractor has difficulty in obtaining documentary evidence or statistical information, the Contractor shall contact the ACP or Designee.

DELIVERABLES

DRAFT REPORT OF INVESTIGATION

The Contractor shall provide one (1) copy of the Draft Report of Investigation (ROI), which includes the investigative summary, the completed affidavits and pertinent documents with required tabbing, to the ACP or Designee within forty-five (45) days of IP is approval. The ACP or Designee will have seven (7) business days to review the draft ROI and provide any comments to the Contractor, specifying what is required to make the ROI acceptable to the ACP or Designee. If the draft ROI is consistent with the approved Investigative Plan, it will be accepted by the ACP or Designee. The Contractor shall have five (5) calendar days after receipt of the ACP's or Designee’s comments to incorporate them into the final ROI and return it to the ACP or Designee. In no cases can the Contractor exceed the due date for the final ROI, if corrections are required, unless an extension is approved by the Agency.

FINAL REPORT OF INVESTIGATION

One (1) original/un-sanitized, one (1) sanitized of the final ROI, for all completed investigations are required and shall be provided to the ACP. For cases that are settled, withdrawn, or dismissed, the Contractor shall provide a digital copy of the complete original and sanitized file.

Required Document Characteristics The use of non-standard fonts, font sizes and font colors or “exotic” symbols can reduce the quality of scanned documents and degrade optical character recognition. Optical Character Recognition enables the text of a PDF document to be searched using keywords and phrases and to “copy, cut, and paste” text. Handwritten PDF documents are particularly problematic and are discouraged. The Contractor is required to incorporate the following document characteristics into all ROIs:

• For narrative text, Times New Roman, 12-point font is required or GPO standard fonts – will be provided upon award of contract.

• Page size should be 8 ½ X 11 inches with at least 1 inch margins on all sides. 1.5 line spacing is required.

• PDF documents, whenever possible, should be created from electronic source documents (e.g., MS Word) rather than by scanning paper documents.

• Default page magnification-100%

• When scanning paper documents, the documents should be bi-tonal (black and white) and done at a resolution of 300 dots per inch (dpi).

Two digital copies of the ROI must be provided with each investigation transmitted securely (password protected) via email. Each electronic complaint file must incorporate the following features:

• Electronic bookmarks corresponding to the file index and section dividers of the paper file. The electronic bookmarks must be appropriately labeled with the name of the specific document or exhibit under that tab.

• File must be made key-word searchable by performing Optical Character Recognition (OCR) scan.

• Sequentially numbered pages (bates numbered) starting with the first page of the file.

REPORT OF INVESTIGATION CONTENT AND FORMAT

The content and format of the investigative file shall be in accordance with EEOC MD-110 and the specific requirements as described herein. Reports shall be assembled using tabs as described below. For incomplete investigations due to settlement, withdrawal, or dismissal (including dismissal due to consolidation of a pending complaint with a case being heard by the EEOC), the report shall include the applicable documents as outlined below.

Each report shall be labeled using the Complainant’s name and case number. The final report of investigation shall be indexed, tabbed, and securely bound and fastened pursuant to EEOC MD-110.

The Report of Investigation shall be arranged as follows:

Title Page Tab “Investigative Summary” The Contractor shall list the contents of the file except where the tab clearly identifies the contents. Documents under each tab shall be numbered. The index shall include a list of the affidavits obtained, with basic information regarding the affiant. The Index shall also list and identify all exhibits, and include the number of pages each exhibit contains. The Contractor shall include a well-written analysis, free of grammatical and typographical error, that contains an overview of the evidence that the investigator gathered. Each claim must be separately identified in the Summary and include a synopsis of relevant affidavit testimony, evidence, and applicable regulations. Claims for compensatory damage must also be listed and identified. The Summary shall assist the reader of the ROI by providing an overview of the claim of discrimination and the Agency’s response to it. When applicable, the Summary shall present comparative data, clearly identified, in charts or matrix format.

Tab “Formal Complaint” The Contractor shall include the written and signed complaint document that allowed the investigation to proceed to the next step within the process.

Tab “Counselor’s Report” The Contractor shall include all documents and correspondence collected from the Counselor during the informal process.

Tab “Issue(s) to be investigated” The Contractor shall include the Letter of Acceptance, which shall contain the scope of the issues to be investigated.

Tab “ADR” This tab may include offers of ADR, acceptances of ADR, or notices of unsuccessful ADR at the formal stage; however, documentation should not include the substance of ADR attempts.

Tab “Appellate Activity” The Contractor shall maintain a record of any and all pre-investigation appellant activity that pertains to the processing or disposition of the case.

Tab “Affidavits” The Contractor shall include all affidavits collected from the Complainant(s) and the witnesses, even if irrelevant to the issue under investigation. The affidavits shall be arranged in logical order, behind individual separators, with the Complainant’s affidavit always found at Tab A. Where affidavits are obtained via mail, the list of questions sent to the affiant must be included with the affidavit. If efforts to obtain an affidavit from the Complainant are not successful, documentation regarding those efforts must be placed where Affidavit A would otherwise be found. If efforts to obtain affidavits from management officials or other witnesses are not successful, such efforts must be included behind other affidavit separators and identified in the ROI. Each affidavit must be independently numbered and identified, e.g.

“Affidavit A, page 2 of 7.”

Tab “Exhibits” The Contractor shall include all relevant documents gathered throughout the investigation, in logical order, behind individual separators. Each exhibit must be identified and independently numbered, e.g. “Exhibit 1, page 1 of 1” including documentation related to the settlement, withdrawal or dismissal of the case, if applicable.

Tab “Miscellaneous Correspondence” The Contractor shall include all relevant miscellaneous correspondence, including such documents as the Assignment Letter, Authorization Letter, and an Agreement to Extend the 180-Day Investigative Process.

SANITIZATION OF REPORTS OF INVESTIGATION

The Contractor shall remove or black out/white out the home address, home telephone number, and other personal identifying information such as social security number and complete date of birth (month/year of birth is acceptable) for all witnesses and other individuals (e.g., applicants for a position, if provided) from the ROIs. The Contractor shall delete irrelevant or impertinent information from the final report copies if so instructed by the Agency.

FINAL AGENCY DECISION (FAD)

The assigned Contractor shall complete the preparation of a Final Agency Decision within 20 calendar days of its receipt of the Report of Investigation and the administrative file. The Contractor shall submit an electronic copy of the draft FAD directly to the APC.

ANALYSIS FOR DRAFT FINAL AGENCY DECISIONS (FAD)

The Contractor shall prepare a FAD which discusses and analyzes all claims presented in the formal complaint. The analysis shall consist of a presentation of facts, and recommended findings and conclusions. The analysis shall be clear, concise, logical, well-reasoned, well documented and fully supported. It should include all procedural and substantive issues presented and generally, should conform to the format provided by the Agency.

SUBMITTING THE FAD

The Contractor shall deliver a draft FAD within twenty (20) calendar days, or as otherwise specified to the Agency. The Agency shall review the FAD and may return it for any revisions. If required, the Contractor shall return the revised FAD to the Agency via email within five (5) days of receipt for final approval. The expectation is the FAD should be ready for AEEO Managing Director or Designee signature and issuance to Complainant and will not receive approval until signed.

The Contractor’s recommended findings and conclusions are not binding on the Agency.

Final Agency Decisions will be completed by the Contractor within twenty (20) calendar days of receipt of the Report of Investigation.

COMPENSATORY DAMAGES CLAIMS

Some specific complaints may require an independent investigation. Investigation of a compensatory damages claim may require taking statements as well as securing documents to support payment of compensatory damages.

Evidence gathered during the investigation will be compiled into a report, with tabbed sections. The report will be submitted within twenty (20) calendar days of receipt of the written request for investigation. The Agency will make the decisions to investigate compensatory damages claims and will coordinate with the investigator.

The investigator may disclose information or documents, as necessary, to obtain information from witnesses, e.g., to explain the allegations in a complaint, or to explain a manager’s articulated reasons for an action in order to develop evidence bearing on that reason.

INQUIRY AND PREPARATION OF AN ANALYSIS AND RECOMMENDED FINAL AGENCY DECISION (FAD) ON

ALLEGATIONS OF NONCOMPLIANCE WITH SETTLEMENT AGREEMENTS OR FINAL DETERMINATIONS

The Contractor shall review the settlement agreement and allegation(s) of breach of the terms of the settlement agreement and conduct an inquiry sufficient to determine whether a breach has occurred and to recommend resolution to the ACP based on the findings during the inquiry. The inquiry report shall include but is not limited to statements of Complainant and witnesses, copies or extracts of records, and policy statement(s) or regulations of the Agency, organized to show their relevance to the issue of noncompliance. If resolution efforts are successful, a proposed settlement agreement shall be prepared and coordinated with the ACP. Analysis and Recommended Settlement Breach Final Determination

The analysis and recommended final Agency determination shall consist of a presentation of fact, a determination as to whether or not noncompliance occurred, the basis for the determination made in accordance with applicable case law and a recommended course of action. The analysis and recommended final Agency determination shall be clear, concise, logical, well-reasoned, well documented, and fully supported. The Contractor’s findings, conclusions and recommendations are not binding on the ordering Agency.

To conduct the inquiry as efficiently as possible, the ordering Agency shall:

1. Forward the case file to the Contractor. The file shall include the Letter of Authorization to conduct the inquiry and a summary of the circumstances of the alleged issue(s) of noncompliance.

2. Inform Agency personnel of the duty to cooperate with the Contractor and that failure may result in disciplinary action and/or drawing of adverse inference(s).

3. Have the option of requesting the Contractor to submit an inquiry activity action plan. If the ordering Agency requests a copy of the action plan, the ACP shall review the plan and discuss any discrepancies with the Contractor.

4. Assist in the coordination of appointment(s) made by the Contractor with management official(s) to discuss noncompliance issues and/or resolution.

5. Review terms and conditions of the proposed settlement agreement(s) recommended by the Contractor.

The Contractor shall review the settlement agreement or final decision, gather documentary and statistical information, as outlined in but not limited to the Complaint Evidence Checklist (EEO Management Directive MD-110) for inclusion in the inquiry report.

To secure testimony/information as efficiently as possible, the Contractor shall:

1. Show all parties picture identification and the Letter of Authorization prior to the start of any face to face interview or conference. In all other instances, provide a copy of the Letter of Authorization with any written request for relevant information.

2. Inform each person interviewed that he/she has been identified as having information relevant to the issue of noncompliance.

3. Inform each person interviewed of his/her right to present evidence.

4. Disclose information or documents, as necessary, to obtain information from persons interviewed and to explain the issue(s) of noncompliance.

RESOLUTION ATTEMPT AND REPORT OF INQUIRY REGARDING NOTICES OF INTENT TO SUE UNDER AGE

DISCRIMINATION IN EMPLOYMENT ACT OF 1967, AS AMENDED

Inquiry into Notices of Intent to File a Civil Action in Age Discrimination Complaints The Contractor shall review the allegation(s) of age discrimination and conduct an inquiry sufficient to determine whether there is evidence that unlawful age discrimination occurred and to recommend resolution or a final Agency decision to the ACP based on the findings during the inquiry. The inquiry report shall include but is not limited to statements of Complainant and witnesses, copies or extracts of records, policy statement(s), and regulations of the Agency, organized to show their relevance to the issue of age discrimination.

Report of Inquiry The report of inquiry shall include a presentation of fact, a recommendation as to whether or not unlawful age discrimination has occurred, the basis for the determination made in accordance with applicable case law, and a recommended course of action. The report of inquiry shall be clear, concise, logical, well-reasoned, well documented, and fully supported. If resolution efforts are successful, a proposed settlement agreement shall be prepared and coordinated with the ACP.

To conduct the inquiry as efficiently as possible, the ordering Agency shall:

1. Forward the case file to the Contractor. The file shall include the Letter of Authorization to conduct the inquiry and a summary of the circumstances of the alleged issue(s) of discrimination.

2. Inform Agency personnel that failure to cooperate with the Contractor may result in disciplinary action.

3. Assist in the coordination of appointment(s) made by the Contractor with management official(s) to discuss the issue of discrimination and/or resolution.

6. State the method of inquiry in the delivery order. The Contractor is responsible for gathering testimonial, documentary, and statistical information sufficient to develop a thorough inquiry report.

ALTERNATIVE DISPUTE RESOLUTION

At a minimum, the Contractor shall include the following steps in the ADR process:

7. The Contractor shall develop an ADR Action Plan, including milestone dates. The ADR Action Plan shall be made available to the ACP in accordance with the timeframes of this Statement of Work (SOW). The ADR Action Plan shall identify the name of the proposed dispute resolution professional and include a copy of the dispute resolution professional’s resume detailing his/her ADR experience.

8. Conducting ADR: When in person, the agency provides office space for mediation. When held virtually, the Contractor will be responsible for providing the platform for the parties to participate in the session(s).

Contractor will also be responsible for obtaining any pre-ADR signatures needed to conduct the ADR session.

9. Closure: When it becomes apparent to the Contractor that resolution will not be reached, the Contractor shall inform the parties that their efforts to settle the dispute have been unsuccessful and shall close the ADR process. The Contractor shall maintain confidentiality in the process unless required to by law. Terms agreed upon shall be reduced to writing, and signatures should be collected from all parties. The final copy of the terms (settlement or general agreement shall be provided to the ACP).

10. The Contractor is required to adhere to the Model Standards of Conduct for Mediators promulgated by the Society of Professionals in Dispute Resolution, the American Arbitration Association, and the American Bar Association.

11. Upon request of the Agency, the Contractor should have additional ADR services available for the Agency to utilize, e.g. facilitation, neutral evaluations, conciliation, mini-trials, etc. Upon request of the Agency, the Contractor may apply ADR techniques in situations where the Federal government is the interested party. An example is Title VI of the Americans with Disabilities Act.

Anti-Harassment Program (WEA Program) TASKS/SERVICE Deliverable Description Quantity/Media Date

Completed 1 Inquiries As applicable Ongoing 2 Recommendation s As applicable Ongoing

3 Alternative Dispute Resolution

DELIVERABLES AND REQUIREMENTS: All deliverables will be provided to the Government within a reasonable timeframe or prior to what is mandated by law.

WORKFORCE ACCOUNTABILITY AND ENGAGEMENT AND HARASSMENT INQUIRIES OUTSIDE OF EEO

PROCESS

Inquiry procedures:

1. When conducting an inquiry, the investigator shall gather sufficient facts from witnesses and…