Attachment 1 - Statement of Work - FAD Services.pdf

USPS EEO SERVICES STATEMENT OF WORK

United States Postal Service Equal Employment Opportunity (EEO) Department

STATEMENT OF WORK

EEO Services:

Final Agency Decision Services

Date: 2/26/23

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 EEOC Regulations require that the Postal Service take a final action on all EEO complaints not settled or withdrawn.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 Sector, 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