Attachment 1 - Statement of Work - EEO Services.pdf

USPS EEO SERVICES STATEMENT OF WORK

United States Postal Service Equal Employment Opportunity (EEO) Department

STATEMENT OF WORK

EEO Services:

Counseling and Mediation Services Final Agency Decision Services

Investigator Services

Date: 2/26/23

EEO Department

Final Agency Decision Services

STATEMENT OF WORK FOR EEO FINAL AGENCY DECISION SERVICES

1 GENERAL INFORMATION

1.1 INTRODUCTION

The Supplier will prepare Final Agency Decisions (FADs) on the merits of discrimination complaints and/or entitlement to compensatory damages for the United States Postal Service (Postal Service), National Equal Employment Opportunity (EEO) Investigative Services Office (NEEOISO) and other agencies as assigned. Each FAD will inform the complainant of the outcome of his/her claim(s) of discrimination or entitlement to compensatory damages and the rights to appeal the decision.

1.2 BACKGROUND

The Postal Service is responsible for ensuring that discrimination complaints are processed fairly, promptly, thoroughly, and in strict compliance with the Equal Employment Opportunity Commission (EEOC) regulations. EEOC Regulations require that the Postal Service take a final action on all EEO complaints not settled or withdrawn.

EEO complaints of discrimination filed by current or former employees of Federal agencies or applicants for Federal employment are covered by Title 29 Code of Federal Regulations (C.F.R) Part 1614 and any relevant law, statute, regulation, or directive and are included within the scope of this SOW. See Section 2 for a listing of applicable authorities and publications.

1.3 SCOPE OF WORK- MERIT FAD

Each merit FAD written under this Statement of Work shall clearly and specifically identify the claim(s) in the complainant's complaint. The decision is to be issued on the merits of each claim within the complaint. Each merit FAD must include:

a. Case Caption

b. Introduction

c. Statement of the Claim(s)

d. Chronology

e. Applicable Law

f. Background

g. Prima Facie Analysis

h. Management's Non-Discriminatory Reasons

i. Pretext

j. Statement of Relief

k. Appeal Rights

l. Signature Block

1.4 SCOPE OF WORK-COMPENSATORY DAMAGES FAD

Each compensatory damages FAD written under this Statement of Work shall clearly and specifically identify the claim entitling the complainant to consideration for an award of compensatory damages. The decision will thoroughly address all claims for pecuniary and non-pecuniary damages raised by the complainant. Each compensatory damages FAD must include:

a. Case Caption

b. Introduction

c. Statement of the Claim(s)

d. Case Chronology

e. Applicable Law

f. Background

g. Pecuniary Damages

h. Non-Pecuniary Damages

i. Conclusion

j. Appeal Rights

k. Signature Block

1.5 LOCATIONS OF PERFORMANCE

The EEO functions within the Postal Service are currently organized along District, Area, and National lines. The districts, which handle the informal administrative process, are overseen by Area offices. The names and present locations of the seven Area offices and Headquarters are below:

Region Area Present Location of Area Office

Headquarters Headquarters Washington, DC

Region 1 Pacific San Francisco, CA

Region 1 Western Denver, CO

Region 2 Great Lakes Carol Stream, IL

Region 2 Southern Dallas, TX

Region 3 Capital Metro Dulles, VA

Region 4 Eastern Pittsburgh, PA

Region Area Present Location of Area Office

Region 4 Northeast Windsor, CT

This structure may change during the course of this Agreement.

The Supplier may be required to meet the Contracting Officer’s Representatives (COR) at NEEOISO (Tampa, FL), or elsewhere as designated by the COR. In addition, the Supplier must interface with Postal Service personnel in order to receive case assignments and deliver FADs. This may be done via regular mail or electronically, or as directed by the COR. Costs associated with writing FADs and/or mailing other documents will be the sole responsibility of the Supplier unless otherwise provided herein.

2 APPLICABLE AUTHORITIES AND PUBLICATIONS

Authorities and publications, including case authority developed under them, applicable to this SOW include the following:

a. Title VII, Civil Rights Act of 1964

b. Civil Rights Act of 1991

c. Rehabilitation Act of 1973

d. Age Discrimination in Employment Act of 1967, as amended

e. Older Workers’ Benefit Protection Act of 1990

f. Pregnancy Discrimination Act

g. Executive Order 11478 – Equal Opportunity in the Government

h. 29 C.F.R.§1614 - Equal Employment Opportunity in the Federal Government

i. 5 C.F.R. §1200 – Merit Systems Protection Board

j. Equal Pay Act of 1963

k. EEOC Management Directive 110 (EEOC MD 110)

l. Genetic Information Non-Discrimination Act of 2008

m. Americans with Disabilities Amendments Act of 2009

3 SPECIFIC TASKS

3.1 CASE ASSIGNMENT AND MANAGEMENT

Each FAD written under this Statement of Work shall be in accordance with EEOC MD 110 and the specific requirements of the Postal Service as described herein.

3.1.1 TRAINING REQUIREMENTS

The Supplier shall be trained by the Postal Service prior to signing an Ordering Agreement.

3.1.2 PERFORMANCE REQUIREMENTS

The Supplier shall accomplish all work and services required by this SOW within the periods specified in sections 3.5 and 3.6 below. The COR may grant extensions to these timeframes for good cause if requested at least ten (10) business days before the due date of a FAD. A request for an extension may not extend the date the FAD is due by more than five (5) days. No request for extension may exceed regulatory time limits for FADs, which is within 60 days of a complainant’s request for an immediate FAD, or within 60 days of the end of the 30-day period, the complainant has to request a FAD or hearing.

3.1.3 COMPUTATION OF TIME

All time periods in this SOW stated in terms of days are calendar days, unless otherwise specified. The first day counted shall be the first business day after receipt by a party (i.e., the supplier or the COR) of one of the initiating or deliverable documents set out herein (i.e., case assignment, FAD, the COR’s comments on a FAD, or a revised FAD) as applicable. If the last day of a time period falls on a Saturday, Sunday or Federal holiday, the time period extends to the next business day.

3.2 MERIT FINAL AGENCY DECISION (FAD)

The Supplier shall deliver, electronically, one (1) copy of a complete FAD to the COR within fifteen (15) days after he or she receives the assignment. The COR, within five (5) business days, may accept the FAD as delivered, or may return the FAD to the Supplier to correct any deficiencies. Review, approval, or disapproval of the FAD for federal agency customer cases will be in accordance with the federal agency customer timelines. The Supplier shall revise the FAD consistent with the COR’s feedback and electronically forward the revised FAD to the COR within three (3) days of receipt of the COR’s feedback for that FAD. When the final FAD is accepted by the COR, the Supplier will forward the signed invoice to the COR.

3.2.1 MERIT FINAL AGENCY DECISION CONTENT AND FORMAT

The content and format of the FAD shall be in accordance with EEOC MD 110 and the specific requirements of the USPS as described herein. Each FAD shall provide a concise conclusion setting forth a thorough analysis of the individual elements of the case. The supplier will not add any documents or testimony to the case file.

Each USPS FAD shall be consistent with the format and instructions provided in the USPS specific written instructions for FADs.

Each FAD for federal agency customers shall be consistent with the format and instructions provided in that agency’s specific written instructions for FADs. If there is any conflict between the USPS format and the other agency’s format, the other agency’s format is controlling.

Each merit FAD must include the following elements:

Case Caption

This section should identify the agency, Complainant, all applicable case numbers, the date that the formal complaint was filed, and the applicable Area Office.

Introduction

This section should identify the regulations governing the issuance of the FAD and requires the correct citation for mixed or non-mixed complaints.

Statement of the Claim(s)

The statement of the claim should be cited as it appears in the Acceptance Letter. If the complainant clarifies any information regarding his or her claim in the affidavit, the claim should be corrected in a footnote.

If additional allegations were initially included in the complaint but were dismissed, specific information regarding the dismissal is required, i.e., the number of additional allegation(s); the date of the acceptance/partial dismissal letter; the reason(s) why the allegation(s) was (were) dismissed, e.g. untimely filed, failure to state a claim, identical matter, spin-off, etc., and should conclude whether the allegations were properly dismissed in accordance with 29 C.F.R.

§1614.107. This section should also identify additional allegations originally accepted for investigation that are subject to dismissal at the conclusion of the investigation and should discuss the merits of all of the cited claims in the FAD.

Chronology

This section should include the correct procedural history of the case; i.e.

whether an investigation was conducted, when the investigative report was transmitted, whether the complainant requested a FAD, originally requested a hearing, and had the case remanded, or did nothing resulting in the need for an FAD. If the case is mixed, this section should identify the procedural history in accordance with EEOC Regulation 29 C.F.R. §1614.302(d).

Applicable Law

This section should contain applicable law, including Federal statutes, regulations, and case law relevant to the case. When needed, the Applicable Law language will be updated by NEEOISO. No changes or additions should be made to the existing language.

Background

A description of the relevant events that led to the accepted issues, and any evidence in the record that describes ad/or supports the issues raised in the complaint.

Prima Facie Analysis

This section should reflect a thorough legal analysis, explaining whether the complainant has established a prima facie case. The discussion should separately address each of the applicable elements of a prima facie case and include a discussion of comparison employees where they have been identified in the record. The discussion of similarly situated employees must cover all of the comparators identified by the complainant and management witnesses and must reach conclusions whether comparison is appropriate.

Management’s Non-Discriminatory Reasons

Management’s articulated reasons for the actions at issue in the complaint should be fully addressed here and should discuss any evidence in the file that arguably supports management’s position, with references to the record.

Pretext

This section should discuss whether there is any assertion or evidence of pretext by the complainant and must include references from testimony by the complainant and others, along with documentary evidence that directly relates to pretext. Even if the only indication of pretext is the claim itself, or a bare assertion that management’s reasons are not true, both must be acknowledged and addressed so that the reason why pretext was/was not established is made clear.

Conclusion

The different parts of the decision should be connected in this section through analysis and discussion to reach an ultimate conclusion concerning whether or not the complainant met the legal requirements for a finding of discrimination.

Statement of Relief

This section notes whether the complainant has or has not prevailed in his/her claim of discrimination and whether relief is awarded.

Appeal Rights

The complainant’s appeal rights are identified here, including whether and within what time frame s/he may pursue the claim(s) further with the EEOC, MSPB, and/or a United States District Court, as applicable.

Signature Block

The signature block includes the name of the analyst assigned to the case, the full NEEOISO address, and the names and addresses of all parties designated to receive copies of the decision. FADs for federal agency customers will include the signature block and address provided by the agency.

3.3 COMPENSATORY DAMAGES FINAL AGENCY DECISION (FAD)

The Supplier shall deliver, electronically, one (1) copy of a complete FAD to the COR within fifteen (15) days after he or she receives the assignment. The COR, within five (5) business days, may accept the FAD as delivered, or may return the FAD to the Supplier to correct any deficiencies. Review, approval, or disapproval of the FAD for federal agency customer cases will be in accordance with the federal agency customer timelines. The Supplier shall revise the FAD consistent with the COR’s feedback and electronically forward the revised FAD to the COR within three (3) days of receipt of the COR’s feedback for that FAD. When the final FAD is accepted by the COR, the Supplier will forward the signed invoice to the COR.

Upon approval of the FAD by the COR, the Supplier will destroy all documents used in preparing the FAD.

3.3.1 COMPENSATORY DAMAGES FAD CONTENT AND FORMAT

The content and format of the FAD shall be in accordance with EEOC MD 110 and the specific requirements of the USPS as described herein. Each FAD shall provide a concise conclusion setting forth a thorough analysis regarding the complainant’s entitlement to compensatory damages. The supplier will not add any documents or testimony to the case file.

Each USPS FAD shall be consistent with the format and instructions provided in the USPS specific written instructions for FADs.

Each FAD for federal agency customers shall be consistent with the format and instructions provided in that agency’s specific written instructions for FADs. If there is any conflict between the USPS format and another agency’s format, the other agency’s format is controlling.

Each compensatory damages FAD must include the following elements:

Case Caption

This section should identify the agency, Complainant, all applicable case numbers, the date when the formal complaint was filed, and the identification of the applicable Area Office.

Introduction

This section should identify the regulations governing the issuance of the FAD and requires the correct citation for mixed or non-mixed complaints.

Statement of the Claim(s)

The Statement of the Claim(s) should clearly and specifically identify the claim(s) accepted for consideration of compensatory damages in the complainant’s complaint. If any claim(s) have been dismissed and therefore not appropriate for consideration for compensatory damages, that fact should also be noted here

Chronology

This section explains how the case reached the stage where a compensatory damages FAD is being issued. The dates and outcomes of any activity on the claim(s) before the EEOC, Office of Federal Operations, should also be laid out here.

Applicable Law

This section should contain applicable law, including Federal statutes, regulations, and case law relevant to the case. When needed, the Applicable Law language will be updated by NEEOISO. No changes or additions should be made to the existing language.

Background

This section should specifically identify and define the issue(s) that gave rise to the alleged entitlement to compensatory damages. For example: if the complainant raised multiple issues but only prevailed on one of the issues, the background section should identify that single issue as being reviewed for compensatory damages entitlement and explain that the other issues were dismissed and therefore inappropriate for such analysis.

Pecuniary Damages

This section discusses whether the complainant has established an entitlement to pecuniary damages. The analysis should be supported with testimony from affidavits or transcripts and evidence of record and identification of the source and page number of any referenced testimony and evidence.

Non-Pecuniary Damages

This section discusses whether the complainant has established an entitlement to non-pecuniary damages. Supports the analysis with testimony or references to exhibits and identifies the source and page number of the testimony or exhibit.

Statement of Conclusions

The Statement of Conclusions sets forth the outcome of the legal analysis.

Example: “The weight of the evidence in the record leads to the conclusion that you suffered a slight and temporary aggravation of your pre-existing foot injury on …. which caused you to use less than two days sick leave. The moderate physical discomfort associated with this has been appropriately remedied through your back pay award and does not merit an award of non-pecuniary compensatory damages…. You have failed to establish any causal connection between your being asked to work outside your medical limitations on …. And any of the pecuniary damages you presented for reimbursement in your claim.

The record does not support an award of either pecuniary or non-pecuniary compensatory damages.

Appeal Rights

The complainant’s appeal rights are identified here, including whether and within what time frame s/he may pursue the claim(s) further with the EEOC, MSPB, and/or a United States District Court, as applicable.

Signature Block

The signature block includes the name of the analyst assigned to the case, the full NEEOISO address, and the names and addresses of all parties designated to receive copies of the decision. FADs for federal agency customers will include the signature block and address provided by the agency.

3.4 PERFORMANCE MEASUREMENTS

All FADs assigned to the Supplier must be completed within the timeframes established by this SOW. Supplier performance will be evaluated by the COR based on the quality of the FADs and the timeliness of their completion.

Suppliers whose performance is deemed unsatisfactory by the Postal Service will not receive further task orders. As provided by the Ordering Agreement, existing task orders also may be withdrawn from a Supplier, without compensation, as the result of performance deficiencies.

3.5 PERFORMANCE STANDARDS

3.5.1 QUALITY STANDARDS

FADs shall be prepared and delivered in accordance with the standards outlined in

3.2 and 3.3. Each FAD must be delivered to the COR in electronic format.

3.5.2 TIMELINESS STANDARDS

The Supplier shall deliver the FAD within the timelines delineated below. For cases involving approved extensions, which should be unusual, the Supplier shall deliver the FAD in accordance with the deadlines established by the designated COR as appropriate.

3.6 DELIVERABLES

Deliverable Delivery Date

Final Agency Decision Completed and delivered within 15 days of receipt of case file.

Final Agency Decision Revised

If needed, completed and delivered within 3 days of receipt of COR feedback.

FAD Invoice Payment Within 15 days of invoice approval

Counseling and Mediation Services

STATEMENT OF WORK FOR

COUNSELING AND MEDIATION SERVICES

1 GENERAL INFORMATION

1.1 INTRODUCTION

The Supplier will conduct EEO counseling and/or mediations for the United States Postal Service (USPS) National Equal Employment Opportunity Investigative Services Office (NEEOISO) and its federal agency customers. The Supplier shall provide the services in accordance with the terms, conditions, and specifications of this Statement of Work (SOW).

1.2 BACKGROUND

The USPS and its Federal agency customers are responsible for ensuring that discrimination complaints are processed fairly, promptly, thoroughly, and in strict compliance with the Equal Employment Opportunity Commission (EEOC) regulations. EEO complaints of discrimination filed by current or former employees of Federal agencies or applicants for Federal employment are covered by Title 29 Code of Federal Regulations (CFR) Part 1614 and any relevant law, statute, regulation, or directive and are included within the scope of the SOW. See Section 2 for a listing of applicable authorities and publications.

1.3 PURPOSE

The purpose of this SOW is to obtain EEO counseling, mediation services and Counselor Reports in conformance with the standards established by the EEOC’s

MD-110.

1.4 SCOPE OF WORK

Each EEO counseling conducted under this SOW will be performed by Suppliers who will advise the aggrieved person of his/her rights and responsibilities in the EEO process, conduct an inquiry, determine the issues and bases in the allegation and seek and early resolution of the issues in conflict. If the request for pre-complaint counseling is not resolved or withdrawn, the Supplier will advise the complainant of his/her right to file a formal complaint and prepare a Counselor’s Report summarizing the counseling. Each mediation conducted under this SOW will be performed by Suppliers with no decision-making authority to assist the complainant and management officials in reaching a mutually acceptable resolution to the issues in the dispute by facilitating communication and focusing the parties on the issues.

1.5 LOCATIONS OF PERFORMANCE

EEO counseling or mediations covered under this SOW may originate from employees working for the USPS, former employees of the USPS, or applicants for employment with the USPS. Additionally, EEO counseling or mediations covered under this SOW may also originate from employees working for other Federal agencies, former employees of other Federal agencies or applicants for employment with other Federal agencies.

The Supplier is not required to be stationed in District, Area, or Headquarters offices, but may be required to meet the Contracting Officer’s Representative (COR) in person at NEEOISO located in Tampa, FL or as designated by the COR.

In addition, the Supplier must interface with USPS personnel in order to receive case assignments and deliver settlement, withdrawals, or Counselor Reports and to discuss feedback. This may be done in person, via mail or electronically as available, and as approved by the USPS. Costs associated with mailing originally signed settlements, withdrawals, Counselor Reports, and other documents will be the responsibility of the Supplier unless otherwise provided herein.

2 APPLICABLE AUTHORITIES AND PUBLICATIONS

Authorities and publications, including case authority developed under them, applicable to this SOW include the following:

a. Title VII, Civil Rights Act of 1964

b. Civil Rights Act of 1991

c. Rehabilitation Act of 1973

d. Age Discrimination in Employment Act of 1967

e. Older Workers’ Benefit Protection Act of 1990

f. Pregnancy Discrimination Act

g. Executive Order 11478 – Equal Opportunity in the Government

h. 29 CFR Part 1614 - Equal Employment Opportunity in the Federal

Government

i. 5 CFR Part 1200 – Merit Systems Protection Board

j. Equal Pay Act of 1963

k. EEOC Management Directive 110

l. Genetic Information Nondiscrimination Act of 2008

m. Americans with Disabilities Act Amendments Act of 2008

3 USPS-FURNISHED PROPERTY AND SERVICES

The USPS may provide Supplier limited access to the USPS Complaint Management System. All users will be required to complete PS Form 1357, Request for Computer Access, to obtain access to the Complaint Management System. If access is granted, the Supplier will be expected to enter certain data into the system.

All users will be required to obtain a sensitive security clearance. Any user that is not granted a sensitive security clearance will be subject to immediate termination.

4 SPECIFIC TASKS

4.1 CASE ASSIGNMENT AND MANAGEMENT – EEO COUNSELING

The Supplier will attempt to resolve the specific allegations of discrimination identified by the complainant in his/her written request for pre-complaint counseling and any other allegations of discrimination identified by the complainant during EEO counseling. Each request for pre-complaint counseling conducted using traditional EEO counseling assigned under this SOW will be in accordance with EEOC MD 110 and the specific requirements of the USPS and its Federal agency customers as described herein.

4.1.1 TRAINING REQUIREMENTS

The Supplier will be trained and qualified as required in the SOW prior to starting work. The USPS will provide training to satisfy the requirements of the EEOC MD 110 Chapter 2, Section II.B. The Supplier will ensure that he/she remains fully qualified to perform the work assigned which includes, but is not limited to, obtaining eight (8) hours of continuing EEO training per year as required by the EEOC MD 110, Chapter 2, Section II.C.

4.1.2 PRE-COMPLAINT FILE

The Supplier will receive a case file for each request for pre-complaint counseling assigned to the Supplier for EEO counseling. The base file will contain the following items, where applicable:

a. The written request for EEO counseling (pre-complaint), including the date of initial EEO contact, and any other supporting documentation for the request for counseling.

b. The receipt signed by the complainant for a publication or statement describing the EEO process and the complainant’s rights and obligations.

c. Representation/Anonymity elections (when issued).

d. A statement of rights and obligations with respect to discrimination based on age (when applicable and issued).

e. An agreement to participate in an Alternate Dispute Resolution

(ADR) process, if offered and elected.

f. An agreement to extend the 30-day EEO counseling process (when applicable).

g. Contact information for the complainant and relevant management officials.

Not all base files will contain every item listed above. The Supplier will inform the USPS of missing vital documents within three (3) business days of delivery of the base file. For purposes of establishing the Supplier’s required delivery date for a case, the case assignment will not be considered received by the Supplier until a complete base file is received by the Supplier. The Manager, NEEOISO, may change the list of documents contained in the base file to reflect changes in business or regulatory processes.

4.2 CASE ASSIGNMENT AND MANAGEMENT – MEDIATIONS

The Supplier will attempt to resolve the specific allegations of discrimination identified by the complainant in his/her written request for pre-complaint counseling and any other allegations of discrimination identified by the complainant during the mediation. Each mediation conducted under this SOW will be in accordance with EEOC MD 110, Chapter 3.

4.2.1 TRAINING REQUIREMENTS

The Supplier will meet the qualifications as required by Chapter 3, Section V.B of the EEOC’s MD 110 prior to starting work.

4.2.2 PRE-COMPLAINT FILE

The Supplier will receive a case file for each request for pre-complaint counseling assigned to the Supplier for mediation. The base file will contain the following items, where applicable:

a. The written request for EEO counseling (pre-complaint), including the date of initial EEO contact, and any other supporting documentation for the request for counseling.

b. The receipt signed by the complainant for a publication or statement describing the EEO process and the complainant’s rights and obligations.

c. Representation/Anonymity elections (when issued).

d. A statement of rights and obligations with respect to discrimination based on age (when applicable and issued).

e. An agreement to participate in an Alternate Dispute Resolution (ADR) process, if offered and elected.

f. An agreement to extend the 30-day EEO counseling process

(when applicable).

g. Contact information for the complainant and relevant management officials.

Not all base files will contain every item listed above. The Supplier will inform the USPS of missing vital documents within three (3) business days of delivery of the base file. For purposes of establishing the Supplier’s required delivery date for a case, the case assignment will not be considered received by the Supplier until a complete base file is received by the Supplier. The Manager, NEEOISO, may change the list of documents contained in the base file to reflect changes in business or regulatory processes.

5 CASE ANALYSIS

5.1 EEO COUNSELING

The Supplier may decide the appropriate technical approach for EEO counseling. The preferred method is conducting telephonic interviews and other acceptable approaches are written correspondence via email or mail or on-site interviews. Other technical approaches may be used if approved by the USPS or its Federal agency customers. The Supplier will complete EEO counseling within twenty (20) days from receipt of the case file by settling the dispute, obtaining a withdrawal from the complainant or by issuing a Notice of Right to File a formal complaint. In conducting the EEO counseling, the Supplier will:

1. Advise each complainant of his/her rights clearly and specifically and provide written notification of his/her rights and responsibilities as required in 20 C.F.R. 1614.105(b) including:

a. The right to request a hearing or an immediate final decision after an investigation by the agency.

b. The right to file a lawsuit under ADEA instead of an administrative complaint of age discrimination, if age discrimination is alleged.

c. The aggrieved person’s duty to keep the agency and the

Commission informed of his/her current address and to serve copies of appeal papers to the agency.

d. Class complaint procedures and the responsibilities of the class agent, if the aggrieved person indicates they wish to file a class complaint.

e. The aggrieved person’s opportunity to participate in ADR including the difference between traditional counseling and mediation and the right to file a formal complaint if the ADR does not achieve a resolution.

2. Provide information to the aggrieved person about other procedures as required.

a. The role of the impartial Counselor.

b. The right to representation.

c. The right to remain anonymous during pre-complaint processing.

d. If a mixed case, the election procedures described in 20 C.F.R.

1614.302.

e. If sex-based claim of wage discrimination under the Equal Pay

Act (EPA), the right to bypass the administrative process and file a civil action as outlined in 20 C.F.R. 1614.408.

3. Provide information on statutes and regulations regarding EEO complaint processing.

a. Title VII of the Civil Rights Act of 1964, as amended.

b. Age Discrimination in Employment Act of 1967, as amended.

c. Rehabilitation Act of 1973/American with Disabilities Act, as amended.

d. Fair Labor Standards Act of 1938, as amended (EPA). e.

Commission Regulations, Guidelines and Policy Directives.

4. Determine the claim(s) and basis(es) of the potential complaint.

a. Identify the action that caused the aggrieved person to believe he/she is the victim of discrimination.

b. Determine if the complainant believes he/she has been discriminated against on a basis(es) covered by the EEOC regulations.

c. Refer the complainant to the appropriate source if the complainant does not believe he/she has been discriminated against by the basis(es) covered by the EEOC. If the complainant insists on pursuing a claim of discrimination, issue the Notice of Final Interview and Right to File a formal complaint.

5. Seek resolution of the issues raised in the request for pre-complaint counseling.

a. Gain a clear understanding of the issues involved in the dispute.

b. Understand the viewpoint of both parties.

c. Facilitate a resolution acceptable by both parties.

d. Ensure the settlement is in writing and that both the aggrieved person and management understand the terms of the resolution.

e. Include in the settlement the complainant’s recourse if he/she believes the agency did not comply with the settlement agreement.

6. Issue the Notice of Final Interview.

a. Advise the complainant of his/her right to pursue the claim through the formal process.

b. Provide the requirements for the formal complaint:

• Must be in writing.

• Must be specific to the claim(s) the aggrieved person raised in EEO counseling.

• Must be signed by the complainant or the complainant’s attorney.

• Must be filed within fifteen (15) calendar days from the date the complainant receives the Notice of Final Interview.

c. Provide the name or office and address of the agency persons authorized to receive complaints of discrimination.

d. Inform the complainant that anonymity is lost during the formal process.

e. Provide the aggrieved person with a written notice of his/her right to file a discrimination complaint.

5.2 MEDIATIONS

The Supplier will decide the appropriate technical approach for each mediation, based on the circumstances of each case. Acceptable approaches include on-site mediations, teleconference mediations and video conference mediations.

Various mediation styles may be used, such as the directive, facilitative or transformative mediation styles, to reach a resolution to the issues. The Supplier will schedule the mediation within five (5) days from receipt of the case file and conduct the mediation within thirty-five (35) days from receipt of the case file. In conducting mediations, the Supplier will at a minimum:

1. Ensure his/her role in conducting mediation includes:

• Competency

• Impartiality

• Confidentiality

• Obtaining consent to mediate from all parties

• Facilitating a resolution

• Adhering to ethical standards (refrain from providing legal or therapeutic information or advice or otherwise engage in counseling or advocacy during the mediation)

2. Schedule the mediation session with the complainant and relevant management official and ensure the availability of all parties at the mediation.

3. Advise the complainant of his/her right to have a representative present.

4. Advise the management official of his/her right to have a representative present.

5. Assist the parties in reaching a resolution of the allegation of discrimination.

6. Document the resolution.

7. Include signatures and date of signing for the complainant and his/her representative, if any, and the management official.

8. Include in the settlement, the complainant’s recourse if he/she believes the agency did not comply with the settlement agreement.

9. Issue a No Agreement Letter, if the dispute is not resolved or withdrawn at the mediation.

10. Submit a mediator package, containing original signatures, using the USPS mail service within five (5) days from ending the mediation session. The mediator package will include:

• Mediation scheduling letter.

• Agreement to mediate with original signatures from all parties.

• Outcome of mediation, settlement agreement, withdrawal, or No Agreement Letter.

6 COMPUTATION OF TIME

All time periods in this SOW stated in terms of days are calendar days, unless otherwise specified. The first day counted shall be the first day after receipt by a party (i.e., the Supplier or the USPS) of one of the initiating or deliverable documents set out herein. All requests for pre-complaint counseling will be closed either by settlement, withdrawal, or issuance of a Notice of Right to File within thirty (30) calendar days of the aggrieved person’s contact with the agency’s EEO office to request counseling.

7 REQUESTS FOR EXTENSIONS

The USPS may grant an extension if requested at least five (5) business days before the due date of an EEO counseling or mediation. A request supported by the written agreement of the complainant to extend the time limits in accordance with 20 C.F.R. 1614.104(e) may be granted by the USPS if it is received before the due date of the EEO counseling. A request supported by the written agreement of the complainant may not extend the EEO counseling or mediation. An acceptable reason for requesting an extension of the timeliness for EEO counseling or mediation is a pending settlement.

8 COUNSELOR’S REPORT

A Counselor’s Report is required for all requests for pre-complaint counseling that are not settled or withdrawn during the pre-complaint process. The Supplier will deliver, electronically, one (1) copy of a draft Counselor’s Report to the USPS within five (5) days after he/she closes the request for pre-complaint counseling by issuing a Notice of Right to File. The USPS, within three (3) business days, may accept the draft Counselor’s Report as delivered, or may provide any comments to the Supplier, specifying what is required to make the Counselor’s Report acceptable to the USPS. The Supplier will revise the Counselor’s Report consistent with the USPS comments and mail the final Counselor’s Report, using the USPS mail service, to the USPS within five (5) calendar days. When the final Counselor’s Report is accepted by the USPS, the Supplier will forward to the USPS, the signed invoice.

9 COUNSELOR’S REPORT CONTENT AND FORMAT

The content and format of the Counselor’s Report shall be in accordance with the EEOC MD 110, the specific requirements as described herein, and the requirements of Federal agency customers.

The Counselor’s Report will be on a form arranged as follows:

Part 1: Title in bold capital letters, EEO COUNSELOR’S REPORT, and include the following information:

• Case Number

• NOTICE OF RESTRICTED USE in capital letters in a reduced font

Part 2: Include, at a minimum, the following compliant information:

• Name, home address, personal telephone number, email address;

Position title and grade (if complainant is an employee), office identification, office address, office telephone number, work schedule;

MSPB information, such as preference eligibility, whether the case is mixed and whether and MSPB appeal has been filed.

Part 3: Include a chronology of the informal process:

• Date of incident

• Date of initial EEO contact

• Date of initial interview

• ADR election (if applicable)

• Extension of EEO counseling for an additional sixty (60) days (if applicable)

• Date complainant received the Notice of Right to File

• Date Counselor’s Report submitted

Part 4: Include information about the complaint:

• Basis(es) of discrimination alleged

• Issue(s) alleged

• Requested resolution

Part 5: Provide a Counselor’s Report checklist which will include whether:

• The complainant was advised of the ADR program

• The complainant was notified of his/her right to representation and include the name, title, address, and contact information for the complainant’s representative

• The complainant was advised of his/her right to anonymity

• The election procedures for mixed cased was explained to the complainant

• The complainant was informed of the alternate procedures available for sex-based claims alleged under the Equal Pay Act

• The complainant was advised of his/her obligation to immediately notify the agency of any address change

• The complainant was advised of his/her requirement to submit documentation of his/her disability if disability discrimination is alleged

• The complainant was apprised of the class complaint procedures and the class agent’s responsibilities if the complainant presents him/herself as an agent of a class

• The complainant was advised that his/her case may be dismissed in accordance with 29 C.F.R. 1614.107, if the complainant’s case meets the criteria for dismissal

Part 6: The Counselor’s Inquiry will include:

• Summary of Counselor’s interview with the complainant

• Summary of the Counselor’s interview with the relevant management officials

Part 7: ADR information will include:

• Date of mediation

• Disposition of mediation: Resolved, Withdrawn, Not Resolved

Part 8: Includes the Summary of Final Interview

Part 9: Includes the Privacy Act Notice

Part 10: Includes information about the EEO Counselor:

• Name, address, and contact information of the EEO Counselor

• The EEO Counselor’s typed name, signature, and the date on which the EEO Counselor completed the Counselor’s Report

10 PERFORMANCE MEASURMENTS

The Supplier must conduct EEO counseling, including seeking resolution of the dispute, submit Counselor’s Reports, and/or conduct mediations within the timeframes established for each service in this SOW. The Supplier’s performance will be evaluated by the USPS based on the quality of the EEO counseling, including efforts taken to seek resolution of the dispute, Counselor’s Report, mediation, the outcome of the EEO counseling or mediation and the timeliness of the completion of the EEO counseling, Counselor’s Report, or mediation.

Suppliers whose performance is deemed unsatisfactory by the USPS will not receive further orders. As provided in the Ordering Agreement, existing orders may also be withdrawn from a Supplier, without compensation, as a result of the performance deficiencies.

11 PERFORMANCE STANDARDS

11.1 QUALITY STANDARDS – EEO COUNSELING

Each EEO counseling processed under this SOW shall be in accordance with EEOC MD 110, Chapter 2. The outcome of each EEO counseling will be a settlement, withdrawal, or issuance of a Notice of Right to File with the submission of a Counselor’s Report. Each EEO counseling conducted under this SOW will be sufficient to allow the complainant to understand his/her rights and responsibilities in the EEO process, to specify the issues and bases in the allegation, to settle the issues in conflict, and to advise the complainant of his/her right to file a formal complaint and prepare a Counselor’s Report summarizing the counseling if the matter is not resolved or withdrawn.

11.2 QUALITY STANDARDS - MEDIATION

Each mediation processed under this SOW will be in accordance with the EEOC MD 110. The outcome of each mediation will be a settlement, withdrawal, or no agreement. Each mediation will be sufficient to effect communication between disputing parties and to assist them in reaching a mutually acceptable resolution to the conflict.

11.3 TIMELINESS STANDARDS

The Supplier shall accomplish all EEO counseling and mediation services required by this SOW within the specified timeframes delineated below in Section 12.

12 DELIVERABLES

EEO Counseling Completed within 20 days from receipt of case file

Mediation Scheduling Completed within 5 days from receipt of case file

Mediation Conducted Completed within 35 days from receipt of case file

Draft Counselor’s Report Completed and delivered within 5 days of completion of EEO counseling

Mediator’s Packet Completed and delivered within 5 days after ending mediation session

13 PERFORMANCE REQUIREMENTS

1) All cases assigned to the Supplier will be completed in accordance with the SOW, Sections 11.1 and 11.2, Quality Standards, and Section 11.3, Timeliness Standards.

2) The Supplier’s performance with respect to the quality of each EEO counseling, including efforts to resolve the conflict, will be rated using a numerical scale.

3) The Supplier’s performance with respect to the quality of each mediation, including efforts to resolve the conflict, will be rated using a numerical scale.

Investigator Services

STATEMENT OF WORK FOR INVESTIGATIONS SERVICES

INCLUDING INVESTIGATIONS OF DISCRIMINATION COMPLAINTS, MANAGEMENT

INITIATED INVESTIGATIONS OF HARASSMENT ALLEGATIONS, AND PREPARATION

OF REPORTS OF INVESTIGATION.

1. GENERAL INFORMATION

1.1. INTRODUCTION

The Supplier shall perform investigations of discrimination complaints, management-initiated investigations of harassment allegations that are not discrimination complaints, and compensatory damages claims and prepare Reports of Investigation (ROI) for the United States Postal Service (USPS) National Equal Employment Opportunity Investigative Services Office (NEEOISO) and its federal agency customers. The Supplier shall provide the services in accordance with the terms, conditions, and specifications of this Statement of Work (SOW).

1.2. BACKGROUND

The United States Postal Service is responsible for ensuring that discrimination complaints and harassment allegations that are not discrimination complaints are processed fairly, promptly, thoroughly, and in strict compliance with the Equal Employment Opportunity Commission (EEOC) regulations and USPS policies and regulations.

EEO complaints of discrimination filed by current or former employees of Federal agencies or applicants for Federal employment are covered by Title 29 Code of Federal Regulations (C.F.R.) Part 1614 and any relevant law, statute, regulation, or directive and are included within the scope of this SOW. See Section 2 for a listing of applicable authorities and publications.

1.3. PURPOSE

The purpose of this SOW is to obtain formal complaint investigation services and Reports of Investigation in conformance with the standards established by the EEOC. Investigations shall be performed to identify and obtain evidence from all relevant sources and gather sufficient information relevant to the issues in the complaint for the USPS or EEOC to determine the validity of the claim(s) and any remedies as appropriate. An additional purpose is to obtain management-initiated investigations of harassment allegations in accordance with the standards established by the EEOC, USPS, and its federal agency customers.

1.4. SCOPE OF WORK

1.4.1. BROAD WORK DESCRIPTION

Each investigation conducted under this Statement of Work shall be limited to the specific issues accepted by the USPS or the allegation(s) of harassment that are not discrimination complaints. The Supplier shall perform a thorough investigation for each case assigned to include the following:

a. Preparation of an Investigative Plan;

b. Obtaining documentary information, including relevant statistics;

c. Securing testimony from complainants and witnesses, and;

d. Preparing the investigative file, including the draft and final ROI, based on a complete review and analysis of the facts.

1.4.2. LOCATIONS OF PERFORMANCE

Investigations covered under this SOW may originate from employees working for the USPS, former employees of the USPS, or applicants for employment with the USPS.

Additionally, investigations covered under this SOW may also originate from employees working for other federal agencies, former employees of other federal agencies, or applicants for employment with other federal agencies. The issues in the formal complaints/harassment allegations covered under this SOW will be accepted/identified by EEO Services Analysts at NEEOISO. Note that the EEO functions within the USPS are currently organized along District, Area, and National lines. The districts, which handle the informal administrative process, are overseen by Area offices. NEEOISO administers the formal EEO complaint process. The Supplier shall also note that this current structure may change during the course of this SOW.

The Supplier is not required to be stationed in Area offices or Headquarters but may be required to meet the USPS designee in person at NEEOISO located in Tampa, FL or as designated by the Contracting Officer’s Representative (COR). In addition, the Supplier must interface with USPS personnel in order to receive case assignments and deliver Reports of Investigation and to provide status reports and discuss feedback. This may be done in person, via mail or electronically as available, and as approved by the USPS designee. Costs associated with mailing cases, reports, and other documents will be the responsibility of the Supplier unless otherwise provided herein.

2. APPLICABLE AUTHORITIES AND PUBLICATIONS

Authorities and publications, including case authority developed under them, applicable to this SOW include the following:

a. Title VII, Civil Rights Act of 1964

b. Civil Rights Act of 1991

c. Rehabilitation Act of 1973

d. Age Discrimination in Employment Act of 1967

e. Older Workers’ Benefit Protection Act of 1990

f. Pregnancy Discrimination Act

g. Executive Order 11478 – Equal Opportunity in the Government

h. 29 CFR Part 1614 - Equal Employment Opportunity in the Federal Government

i. 5 CFR Part 1200 – Merit Systems Protection Board

j. Equal Pay Act of 1963

k. EEOC Management Directive 110

l. Genetic Information Nondiscrimination Act of 2008

m. Americans with Disabilities Act Amendments Act of 2008

3. USPS-FURNISHED PROPERTY AND SERVICES

3.1. GENERAL

The USPS will provide the supplies described herein as USPS-furnished property to be placed in the Supplier’s custody. The USPS will also provide certain services to the Supplier, as delineated below. The Supplier shall not use USPS-furnished property or services for any purpose other than execution of work under this SOW.

3.2. SUPPLIES

USPS-owned supplies will be made available to the Supplier for use in the performance of the requirements of this SOW. Supplies include on a limited basis, postage paid envelopes for specific circumstances.

4. SPECIFIC TASKS

4.1. CASE ASSIGNMENT AND MANAGEMENT

Each case investigated under this SOW shall be limited to the specific issues accepted by the USPS or the specified allegation(s) of harassment. While a complainant may add or delete bases for their allegations at any time, any new claims/allegations raised by the complainant at the investigative stage shall be referred to the USPS. The accepted claims/allegations and incidents relevant to the complaint constitute the scope of the investigation. The Supplier shall not investigate, agree to investigate, or comment on the acceptability of any new claims/allegations without instruction from the USPS.

Each investigation shall include a thorough review of the circumstances under which the alleged discrimination or harassment occurred, the organization and employees involved, and the organization’s mission as it is involved with the accepted claims/allegations of the complaint.

4.1.1. TRAINING REQUIREMENTS

The Suppliers must receive a security clearance issued by the U.S. Postal Inspection Service and successfully complete the USPS EEO Investigator Skills class, at their own expense, before the USPS can assign the Suppliers cases to investigate. Any Supplier that is not granted a sensitive security clearance will be subject to immediate termination.

The Supplier shall ensure that he/she remains fully qualified to perform the work assigned which includes, but is not limited to, obtaining 8 (eight) hours of continuing EEO training per year as required by EEOC regulations in 29 C.F.R. Part 1614.

4.1.2. FORMAL COMPLAINT FILE

The Supplier shall receive a base file for each formal complaint to be investigated. Upon receipt of the base file, the Supplier shall verify that the issues accepted for investigation are the same ones for which counseling was provided. The base file will contain the following items, where applicable:

a. PS Form 2564-A, Information for Pre-complaint Counseling, or eFile EEO

Contact Sheet and any other supporting documentation for…