RFI_DRAFT EEO-1 Frame Enhancement SOW .pdf

EEO-1 FRAME ENHANCEMENT SOLUTION STATEMENT OF WORK

1.0 BACKGROUND

Since 1966, the EEOC has required eligible employers to submit workforce demographic data on an annual basis. All private employers that are covered by Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e,

et. seq., as amended (Title VII), and that have 100 or more employees (or 50 employees and meet certain criteria) have a legal obligation to submit annual workforce demographic data on their employees by race/ethnicity, sex, and job category. The U.S. Equal Employment Opportunity Commission (EEOC) Office of Enterprise Data & Analytics (OEDA) has a requirement for a solution to enhance the existing EEO-1 Component 1 data collection frame. The primary component of the solution is commercially available data on private employers (i.e., those that are not: Federal, State, or Local Governments; local referral unions;

elementary and secondary schools; or institutions of higher education1). The period of performance will be comprised of a 12-month base period and two, 12-month option periods. The Base Period will start no later than 30 days from date of award.

2.0 SCOPE OF WORK

The EEO-1 Component 1 data collection frame is the starting point of the annual EEO-1 Component 1 data collection. All private employers listed on the data collection frame receive notifications about their mandatory EEO-1 Component 1 filing requirement. The data collection frame lists all private employers that have previously certified that they are eligible to file their EEO-1 Report(s), as well as those who have not responded to the data collection in recent years. While the EEO-1 Component 1 data collection is a mandatory data collection, many newly eligible companies may be unaware of their mandatory filing requirement. In addition, changes in company structure may not be accurately captured in the existing EEO- 1 Component 1 data collection frame. The EEOC seeks a data file with up-to-date information on private employers eligible to file EEO-1 Component Report(s), and, if applicable, up-to-date information on their associated establishments.

3.0 STATUTORY REGULATIONS APPLICABLE TO THESE REQUIREMENTS

3.1 Federal Statutes and Regulations

3.1.1 Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (d).

3.1.2 Foundations for Evidence-Based Policymaking Act of 2018, 5 U.S.C. 311 et seq. and 44 U.S.C.

3502 et seq

3.1.3 Information Quality of 2000, 44 U.S.C. 3504(d)(1) and 3516

3.1.4 Federal Information Security Management Act of 2002 ("FISMA", 44 U.S.C. § 3541, et seq.)

3.1.5 FIPS Publication 140-2, Security Requirements for Cryptographic Modules

3.1.6 FIPS Publication 199, Standards for Security Categorization of Federal Information and

Information Systems

3.1.7 NIST Special Publication 800-53 Rev 4, Security and Privacy Controls for Federal Information

Systems and Organizations [including updates as of 1/15/2014]

3.1.8 Privacy Act of 1974 (5 U.S.C. 552a)

1 Private schools that are not Government supported are eligible to file the EEO-1. Institutions of higher education are required to file demographic reports through the Integrated Postsecondary Education Data System (IPEDS) at the National Center for Education Statistics of the Department of Education except when the institution operates a health care system or clinic that is staffed by a teaching hospital. These institutions must report demographics via EEO-1 Report for the employees associated with the health care system or clinic and are not employees of the college or university.

3.1.9 Code of Federal Regulations (CFR), Chapter 1 of Title 48, CFR, Federal Acquisition Regulation

(FAR)

3.1.10 41CFR Chapters 300 through 304 Federal Travel Regulation (FTR)

3.1.11 41 CFR § 60-1.7 Requirement for filing of EEO-1 (Component 1) report.

3.1.12 42 U.S. Code § 2000e–8 Title VII of the Civil Rights Act, Investigations

3.1.13 31 CFR Chapter II, 285.12, Transfer of Debts to Treasury for Collection

3.1.14 29 CFR 1602.7 Requirement for filing of EEO-1 (Component 1) report.

3.1.18 OMB Circular No. A-129, Part 3, Credit Extension and Management Policy

3.1.19 OMB Statistical Policy Directive No. 15, Race and Ethnic Standards for Federal Statistics and

Administrative Reporting

3.2 EEOC Regulations and Policies (Will be provided with RFQ)

3.2.1 EEOC Order 240.005 (Change 5), September 2017, EEOC Information Security Program

3.2.2 EEOC Order 240.005, Appendix A, Information Security Responsibilities of EEOC System Users

3.2.3 EEOC Copyrighted Software Policy (6/29/2007)

3.2.4 EEOC Order 360.001, EEOC Acquisition Policies and Procedures, April 19, 2016

It should be recognized that requirements may change during the performance of this SOW as new statutes, regulations, or executive orders emerge that affect the Commission's procurement processes. The contractor shall be prepared to comply with new requirements as they evolve.

4.0 DEFINITIONS

For this effort, the Government incorporates by reference the definitions established by the Department of Labor, Bureau of Labor Statistics’ Handbook of Methods, which can be accessed at:

https://www.bls.gov/opub/hom/glossary.htm.

5.0 SOLUTION REQUIREMENTS

5.1 Data Values

At minimum, the data elements in the table below shall be provided to or accessible by the Government.

The data elements shall be in the following order and format in the data set provided to or accessible by the Government:

VARIABLE FORMAT LENGTH DESCRIPTION

RECORD_FLAG Numeric 1 Type of Record:

1 = Multi-establishment HQ 2 = Establishment (i.e., subsidiary or holding) 3 = Single-establishment firm

EMPLOYER_NAME Character (Char.) * Employer or Parent Company Name EMPLOYER_STREET_ADDRESS Char. * Employer or Parent Company Street address EMPLOYER_STATE Char. 2 Employer or Parent Company State 2-digit

State FIPS Code EMPLOYER_CITY Char. * Employer or Parent Company City EMPLOYER_ZIP Char. 5 Employer or Parent Company Valid USPS

Zip code EMPLOYER_CONTACT_EMAIL Char. NA Employer or Parent Company Valid e-mail EMPLOYER_EIN Char. 9 Employer or Parent Company Valid EIN EMPLOYER_NAICS_2022 Char. 6 Employer or Parent Valid NAICS 2021 code

(or most recent NAICS code) ESTABLISHMENT_NAME Char. * Establishment Name ESTABLISHMENT_STREET_ADDRESS Char. * Establishment Street address ESTABLISHMENT_STATE Char. * Establishment State ESTABLISHMENT_CITY Char. * Establishment City https://www.bls.gov/opub/hom/home.htm https://www.bls.gov/opub/hom/glossary.htm

ESTABLISHMENT_ZIP Char. 5 Establishment Valid USPS Zip code ESTABLISHMENT_EIN Char. 9 Establishment Valid EIN ESTABLISHMENT_NAICS_2022 Char. 6 Establishment Valid NAICS 2021 code (or most recent NAICS code) TOTAL_EMPLOYMENT Numeric 8 Total employment of Employer or

Establishment DATE_UPDATED DATETIME. * Date record was most recently updated or reconfirmed valid SOURCE_UPDATED Char. * If updated, source of updated data

* Variable length is at the discretion of the contractor

5.2 Requirements

a. The data set must contain only private employers within the United States2 and must include parent company data at the firm level and all associated establishments under the headquarters;

i. The data set shall contain private employer that have 100 or more employees, along with their associated establishments, if applicable;

ii. The data set shall contain Federal Government contractors3 with 50 or more employees, along with their associated establishments, if applicable;4

b. The data set shall be downloadable or securely transferrable via SFTP to EEOC;

c. The data set shall be in the format of .CSV, .txt, or .sas7bdat;

d. If the data set is provided in .CSV or .txt format, the data set shall be accompanied by a SAS program that imports the data file into SAS version 9.4 or above;

e. The data set shall not contain duplicate records (e.g., parents and/or establishments that have identical address, NAICS Code, and EIN shall be deduplicated);

f. In addition to the data set, the Contractor shall provide a Data Dictionary, inclusive of all data values, any additional data provided, the date that individual records were most recently updated (or reconfirmed valid) and the source for the update; and

g. The Government shall have the ability to access the updated data set by [TBD] in the base period and by September 15th of each subsequent option period, with 95% of the records being updated (or reconfirmed) on or after July 10th of the preceding calendar year.

6.0 SOLUTION DESCRIPTION

The Government contemplates that there are two types of solutions that can meet the Government requirements: a solution that is just a data set provided to the Government as-is or a solution in which contract staff may have to clean, organize, and/or filter the commercially available data prior to providing it to the Government.

7.0 GOVERNMENT POC

a. The Contracting Officer’s Representative (COR) for this effort is TBD.

b. The Contracting Officer (CO) for this contract action is TBD.

2 Data should only include establishments located in the District of Columbia and the 50 states. Data for establishments in Puerto Rico, the Virgin Islands, or other American Protectorates should be excluded.

3 All federal contractors who: (1) are not exempt as provided for by 41 CFR 60-1.5; (2) have 50 or more employees; (3) are prime contractors or first tier subcontractors; AND (4) have a contract, subcontract, or order amounting to $50,000 or more; or serve as depositories of Government funds in any amount; or are financial institutions which are issuing and paying agents for U.S. Savings Bonds and savings notes.

4 The Government recommends using official Federal Government data sources – such as SAM.gov or FPDS – to verify Federal Government contractor status.