SOW_EEO_Investigator_February 2020.doc

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Statement of Work

Investigative Services

STATEMENT

OF

WORK

INVESTIGATIVE

SERVICES

October 2019

TABLE OF CONTENTS

1 1GENERAL INFORMATION

1.1 INTRODUCTION

1.2 BACKGROUND

1.3 PURPOSE

1.4 SCOPE OF WORK

1.4.1 BROAD WORK DESCRIPTION

1.4.2 LOCATIONS OF PERFORMANCE

2 APPLICABLE AUTHORITIES AND PUBLICATIONS

3 USPS-FURNISHED PROPERTY AND SERVICES

3.1 GENERAL

3.2 SUPPLIES AND SERVICES

3.2.1 SUPPLIES

4 SPECIFIC TASKS

4.1 CASE ASSIGNMENT AND MANAGEMENT

4.1.1 TRAINING REQUIREMENTS

4.1.2 FORMAL COMPLAINT FILE

5 INVESTIGATIVE PLAN

6 AMENDMENTS AND CONSOLIDATIONS

7 SUPPLEMENTAL INVESTIGATIONS

8 REQUESTS FOR EXTENSION

9 COMPUTATION OF TIME

10 DELAY OF WORK

11 CASE ANALYSIS

11.1 TECHNICAL APPROACHES

11.2 COLLECTING AND VERIFYING DATA

11.3 CONDUCTING INTERVIEWS AND SECURING TESTIMONY

12 LITIGATION HOLD NOTICE

13 DELIVERABLES

13.1 DRAFT REPORT OF INVESTIGATION

13.2 FINAL REPORT OF INVESTIGATION

14 REPORT OF INVESTIGATION CONTENT AND FORMAT

15 REPORT OF INVESTIGATION HARASSMENT ALLEGATION

16 SANITIZATION OF REPORTS OF INVESTIGATION

17 PERFORMANCE STANDARDS

17.1 QUALITY STANDARDS

17.2 TIMELINESS STANDARDS

18 PERFORMANCE REQUIREMENTS

19 ORDERING AGREEMENT

TECHNICAL EXHIBITS

STATEMENT OF WORK FOR 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 and 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. The names and present locations of the seven Area offices and Headquarters are below:

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 AND SERVICES

3.2.1 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 the request for counseling.

b. Signed PS Form 2563-A, Certification of Receipt - Publication 133, indicating receipt of Publication 133, What You Need to Know about EEO.

c. PS Form 2584, Representation/Anonymity (when issued).

d. PS Form 2563-B, Allegations of Discrimination Based on Age (when issued).

e. PS Form 2567-B, Agreement to Participate in REDRESS™ an Alternate Dispute Resolution Process.

f. PS Form 2567-A, Agreement to Extend the 30-Day EEO Counseling Process.

g. PS Form 2564-C, Withdrawal of Informal EEO Complaint of Discrimination, or PS Form 2564-B, EEO Settlement Agreement, Pre-complaint, if the case has been either partially withdrawn or partially settled.

h. Notice of Right to File, PS Form 2579-A, 2579-B, or 2579-C and tracking documentation to verify receipt, if delivered by mail.

i. PS Form 2570, Dispute Resolution Specialist’s (DRS) Inquiry Report.

j. Any other documentary evidence collected by the counselor.

k. PS Form 2565 Formal EEO Complaint.

l. A copy of the complainant’s Form 50.

m. Correspondence to and from the complainant.

n. A copy of the acceptance letter.

o. Transmittal letter from USPS to the Supplier.

p. Contact information (i.e., name, title, work address, telephone number, email address if available, and tour) of the complainant, responding management official(s), and other witnesses, if any, interviewed by the counselor in the pre-complaint process.

Not all base files will contain every item listed above. Documents similar to the above list will be included in the base file for EEO investigations for the USPS federal agency customers. The Supplier shall 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, National EEO Services, may change the list of documents making up the base file to reflect changes in business or regulatory processes.

5 INVESTIGATIVE PLAN

The Supplier may be required to complete an investigative plan prior to each investigation as directed by USPS. The Supplier shall, within three (3) business days after receipt of the case assignment, deliver to the USPS an investigative plan, which shall outline the proposed actions to be taken to initiate the investigation, including affidavit questions for the complainant and witnesses. To the extent practicable from a review of the base file, the investigative plan shall list the witnesses from whom the Supplier initially plans to obtain testimony and the method(s) by which the Supplier intends to obtain that testimony (e.g., face to face interview, telephone interview, mailed affidavit, fact-finding conference). The investigative plan shall also list evidence other than testimony (e.g., data or documents) that the Supplier initially intends to request.

The USPS will review and approve or disapprove the plan within three (3) business days of receipt of the investigative plan for USPS cases. Review, approval or disapproval of investigative plan for federal agency customer cases will be in accordance with the federal agency customer time lines. If the plan is not approved, the Supplier shall submit a revised plan within three (3) business days of notification of disapproval. The USPS may make modifications to the plan as necessary and will have final approval of all Investigative Plans. If, after communication with the Supplier, the USPS disapproves the investigative plan on the basis of the proposed method of obtaining evidence, the Supplier may at its discretion return the assignment to the USPS within five (5) business days.

When the USPS or the federal agency customer approves the Investigative Plan, the Supplier must include, in the affidavit, the approved questions for the complainant and witnesses.

At any time the USPS may notify the Supplier that investigative plans are no longer required for USPS cases. The notification must be in writing or via email, and should be maintained by the Supplier as an amendment to the SOW. The USPS may require the Supplier to resume submitting investigative plans for USPS cases to improve the quality of the investigation. The Supplier is required to submit an investigative plan for EEO investigations conducted for other federal agencies.

6 AMENDMENTS AND CONSOLIDATIONS

It is the responsibility of NEEOISO to determine whether a new incident of alleged discrimination raised by a complainant is part of an existing claim, a new claim that is like or related to an existing claim, or a new claim not like or related to an existing claim. Simultaneously with issuing the notice of amendment required by 29 C.F.R. 1614.106(e), the USPS will notify the Supplier how to proceed with the investigation of any existing claims affected by the notice of amendment. Amendments issued prior to the USPS assigning the case to the Supplier will not extend the timelines or increase the fee to the Supplier.

When the new incident is determined to be like or related to an existing claim, the investigation will proceed and the delivery date for the ROI is unchanged, except when the notice of the new incident is received by the Supplier in the forty-five (45) day period immediately preceding the delivery date. In that case, the delivery dates for the draft ROI and final ROI are automatically extended by forty-five (45) days, except that in no case shall the delivery date of the final ROI extend beyond 115 days after receipt of the original case assignment.

When the new incident is determined to raise a new claim that is like or related to an existing claim, the existing claim must be amended to include the new claim. If the amended claim is accepted, an investigative plan is required for the new claim, unless investigative plans are no longer required from the Supplier. The delivery dates for the draft ROI and final ROI of an amended case will be extended by 45 days when the amendment is required within the 45 day period immediately preceding the delivery date, except that in no case shall the delivery date of the final ROI extend beyond 115 days after the receipt of the original case assignment.

A complaint filed by the same person that is not like or related to a previously filed complaint may be consolidated with an existing complaint at the direction of the USPS and in accordance with 29 C.F.R 1614.606. An investigative plan is required for the consolidated claim, unless investigative plans are no longer required from the Supplier. The delivery dates for the draft ROI and final ROI of a consolidated case will be extended by 45 days and in no case shall the delivery date of the final ROI extend beyond 115 days after the receipt of the original case assignment.

7 SUPPLEMENTAL INVESTIGATIONS

If a complaint is remanded from any authority of the EEOC, the USPS or federal agency customer for a supplemental investigation, the Supplier shall perform the supplemental investigation. If the USPS requires the performance standards set forth in section 17 to be modified to comply with the remand order, the Supplier shall proceed with the investigation as directed by the USPS.

The USPS may order a supplemental investigation at its discretion.

The USPS within five (5) days of receipt of the supplemental investigation report for USPS cases, will accept, reject, or request modification to the report. Acceptance, rejection or request for modification for federal agency customer cases will be in accordance with the federal agency customer time lines. In cases of either rejection or modification, the Supplier shall make the changes and submit the revised report within seven (7) days of receipt of USPS comments.

If a complainant, after being provided an opportunity to review the ROI in accordance with Chapter 6, section XI of the EEOC MD-110, notifies the USPS of perceived deficiencies in the investigative file, the USPS shall notify the Supplier of those perceived deficiencies. The Supplier shall provide the USPS a brief explanation supporting its agreement or disagreement with the Complainant’s perception of the deficiencies. This explanation may be provided orally or in writing but must be received by the USPS within five (5) days of the date on which the Supplier received the notice of the perceived deficiencies.

If the USPS requires a supplemental investigation to take corrective action, the Supplier shall complete the supplemental investigation in accordance with the direction of the USPS.

8 REQUESTS FOR EXTENSIONS

The USPS may grant an extension if requested at least ten (10) business days before the due date of a ROI. A request supported by the written agreement of the complainant to extend the time limits of 29 C.F.R. 1614.108(e) may be granted by the USPS if it is received before the due date of the final Report of Investigation. A request supported by the written agreement of the complainant may not extend the investigation period by more than 45 days, and no request for extension may exceed regulatory time limits for investigations.

9 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 of the case assignment or report, as applicable, and the last day of the time period shall be included, unless it falls on a Saturday, Sunday or Federal holiday, in which case the period shall be extended to the next business day. All parties must maintain some manner of receiving assignments or reports, as applicable, on every day of the year.

10 DELAY OF WORK

If the performance of the work is delayed or interrupted by failure of a complainant or witness to complete an affidavit, provide documents, or otherwise act within a reasonable time, the Supplier shall notify the USPS immediately. The Supplier will continue to investigate the complaint, unless the USPS instructs the Supplier to suspend the investigation, in which case the delivery date will be extended one day for each day of the suspension of the investigation. If an investigation is not suspended and the evidence is not provided prior to the delivery date, the Supplier must obtain approval from the USPS to submit the ROI without the relevant evidence. Such a ROI will not be considered incomplete by the USPS on the basis of the lack of that evidence if prior approval is granted by the USPS.

If evidence is received by the Supplier from the complainant or other witness so late that it is impracticable for the Supplier to obtain other relevant evidence by the delivery date (e.g., the complainant’s affidavit received a few days prior to the delivery date of the ROI identifies new witnesses), the Supplier will notify the USPS. The USPS may extend the delivery date for the ROI. If the USPS does not extend the delivery date, the Supplier must obtain approval from the USPS to submit the ROI without the relevant evidence, and such a ROI will not be considered incomplete by the USPS on that basis.

Under no circumstances will the Supplier submit a ROI that is missing relevant evidence without the prior approval of the USPS.

11 CASE ANALYSIS

11.1 TECHNICAL APPROACHES

The Supplier may decide the appropriate technical approach for each specific investigation, based on the circumstances of each case. The preferred method for obtaining affidavit testimony is telephonic interviews. The USPS at its discretion may require the Supplier to conduct only telephonic or on-site interviews. Other acceptable approaches include conducting interviews and accepting affidavit testimony through written correspondence or email. Other technical approaches may be used if approved by the USPS. All pertinent testimony shall be secured from witnesses under oath or affirmation. 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. Suppliers are to send a copy of affidavit requests to the USPS EEO Services Analyst when affidavit requests are submitted to the complainant and witnesses.

The USPS at its discretion may require the Supplier to obtain Declarations instead of affidavits.

11.2 COLLECTING AND VERIFYING DATA

The Supplier 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 Supplier shall:

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

b. Review all relevant personnel records and statistical data and make copies as needed for inclusion in the ROI.

c. Assemble the records/data collected in the format specified by the USPS.

d. If, due to USPS action, the Supplier has difficulty in obtaining documentary evidence or statistical information, the Supplier shall contact the USPS.

e. Obtain other evidence as directed by the USPS.

11.3 CONDUCTING INTERVIEWS AND SECURING TESTIMONY

The method of securing testimony shall be consistent with the technical approaches outlined in paragraph 11.1. The Supplier shall at a minimum:

a. Provide proof of authorization to investigate if requested.

b. Inform witnesses that they have been identified as having information relevant to the complaint.

c. Inform witnesses of their right to representation during the securing of testimony, when applicable.

d. Inform witnesses of their right to present evidence.

e. When taking affidavits through written correspondence, the Supplier must put the questions on the affidavit forms and provide enough room for the affiant to respond to each question. The Supplier shall inform the affiant that the affidavit shall contain a narrative response to each question and that the statement must be given under oath, affirmation, or by written declaration that it is being made under penalty of perjury.

f. If witnesses wish to change the substance of an affidavit that has already been signed and submitted, the Supplier shall send a supplemental affidavit to the witness allowing him/her to clarify or modify testimony in the signed affidavit. In this case, the Supplier shall include an investigator’s note in the investigative summary indicating as such and include both affidavits in the ROI.

g. Provide the affiant the option to include additional relevant information.

h. If a witness fails to cooperate, immediately advise the witness of the requirement to cooperate in the investigation. If the witness still refuses to cooperate, the Supplier shall contact the USPS.

12 LITIGATION HOLD NOTICE

The USPS at its discretion may require the Supplier, at no extra cost to the USPS, to issue a standard Litigation Hold notice, to any individual, other than complainant, who is requested to furnish an affidavit and also any non-affiant providing documentation for the investigation. Additionally, all affiants, other than the complainant, will be asked to identify any other individuals who may possess information that is potentially relevant to the formal complaint of discrimination. To the extent, these individuals are agency employees, the investigator will provide them with a Litigation Hold notice. The investigator will do the following in issuing Litigation Hold notices:

a. Inform all individuals who are sent Litigation Hold notices to sign, return and maintain a copy for their records. If the individual does not maintain a copy of the notice, the investigator will submit a copy to the individual via email, fax or mail.

b. Include the signed Litigation Hold Notice under the Miscellaneous Documents digital bookmark of the ROI.

c. Include an investigator's note, developed by the USPS under the Miscellaneous Documents digital bookmark, if the individuals who are sent Litigation Hold notices do not sign and return them to the investigator prior to the completion of the investigation.

13 DELIVERABLES

13.1 DRAFT REPORT OF INVESTIGATION

The Supplier shall provide one (1) copy of the draft Report of Investigation (ROI) via electronic submission to the USPS within 45 days of the approval of the investigative plan or within 45 days of receipt of the case file if an investigative plan is not required. The draft ROI will include the investigative summary and the completed affidavits. The USPS expects the draft ROI to be complete with all the testimony and documentary evidence relevant to the accepted issues.

The USPS will have ten (10) business days to accept, reject, or request modification to the draft ROI for USPS cases. Acceptance, rejection or request for modification for federal agency customer cases will be in accordance with the federal agency customer time lines. If a Report is consistent with the approved Investigative Plan and complies with the requirements of section 14, it will be accepted by the USPS. The Supplier shall have ten (10) days after receipt of USPS comments to incorporate them into the final ROI and return it to the USPS. In no cases can the Supplier exceed the due date for the final ROI, if corrections are required, unless an extension is approved by the USPS.

The Supplier will be required to obtain the relevant testimony and documentary evidence, at no extra cost to the USPS and within the time frames specified by the USPS, if the Supplier failed to include all the relevant information in the draft ROI.

13.2 FINAL REPORT OF INVESTIGATION

The Supplier is required to submit to the USPS electronically, one (1) original of the final ROI for all completed investigations after approval of the draft ROI, and within 70 days of receipt of the case file. For cases that are settled, withdrawn, or dismissed, the Supplier shall provide one complete original file. Upon approval of the final ROI by the USPS, the Supplier will destroy all documents, including affidavits, obtained in preparing the ROI. The Supplier may only retain the documents he/she created, such as the Investigative Summary.

The USPS expects the final ROI to be complete with all the testimony and documentary evidence relevant to the accepted issues to allow an independent trier of fact to adjudicate the charges of discrimination using the ROI as the sole source of evidence. The USPS may require performance of nonconforming services at no increase in contract price if the final ROI is found to be deficient.

14 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 of the USPS as described herein. The USPS at its discretion may require the Supplier to modify the content and format of the investigative file. Reports shall be assembled using digital bookmarks 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. Each report shall be identified as either an ELECTRONIC DRAFT REPORT or FINAL ELECTRONIC REPORT OF INVESTIGATION (eROI).

The Report of Investigation file shall be arranged as follows:

Bookmark “Formal Complaint”

The Supplier shall include the written and signed complaint document that allowed the investigation to proceed to the next step within the process.

Bookmark “Counselor’s Report”

The Supplier shall include all documents and correspondence collected from the Dispute Resolution Specialist or EEO Counselor during the informal process.

Bookmark “Notice of Right to File”

The Supplier shall include the notice of right to file a formal complaint (PS Form 2579-A or C) and the Notice of Right to File letter (a/k/a final interview letter).

Bookmark “Claims to be Investigated”

The Supplier shall include the Letter of Acceptance, which shall contain the scope of the issues to be investigated.

Bookmark “Partial Dismissal”

The Supplier shall include the Partial Acceptance/Partial Dismissal letter which shall contain the scope of the issues to be investigated and detail those which were procedurally dismissed.

Bookmark “Settlement Agreements”

The Supplier shall include any documented attempts at resolution; including any settlement agreement reached on any aspect of the complaint; however, documentation will not include the substance of such attempts.

Bookmark “Prior Appellate Activity”

The Supplier shall include any documentation of appellate activity and any decisions affecting the processing of the complaint.

Bookmark “Investigative Summary” PS Form 2430 Title Page Summary

The Supplier shall list the contents of the file. The index shall include a list of the affidavits obtained, with basic information regarding the affiant, including any attachments referenced in the Investigative Summary. The Index shall also list and identify all exhibits, and include the number of pages each exhibit contains.

The Supplier shall include a well-written analysis 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 damages 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.

Bookmark “Affidavits”

Bookmark “Affidavit Subtabs (A-E)”

The bookmarks must be named in a manner that describes what the document is. (for example: Affidavit A – CP Smith) The Supplier shall include all affidavits and documents attached to the affidavits collected from the complainants and the witnesses, even if irrelevant to the issue under investigation. The affidavits shall be arranged and bookmarked in logical order, with the complainant’s affidavit always found at Bookmark A. If the affidavit questions and responses are not together in the same document, the Supplier must include the list of questions sent to the affiant. 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 bookmarks and identified in the ROI. Each affidavit must be independently numbered and identified, e.g. “Affidavit A, page 2 of 7.”

The USPS may at its discretion require the Supplier to obtain the complainant’s rebuttal testimony and it will be included behind digital bookmark A.

Bookmark “Exhibits”

Bookmark “Exhibit Subtabs (1-25)”

The bookmarks must be named in a manner that describes what the document is. (for example: Exhibit 1 – 2014 Performance Evaluation) The Supplier shall include all relevant documents that were gathered throughout the investigation, in logical order, behind individual bookmarks. 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.

Bookmark “Miscellaneous Documents”

The Supplier shall include all relevant miscellaneous correspondence, including such documents as the Assignment Letter and PS Form 2565-C, Agreement to Extend 180-Day Investigative Process. Miscellaneous Documents must be independently numbered and identified, e.g. “Miscellaneous Documents, page 2 of 7.”

15 REPORT OF INVESTIGATION - HARASSING CONDUCT OR FACT FINDER INVESTIGATION - FOR A MANAGEMENT INITIATED INVESTIGATION OF A HARASSMENT ALLEGATION THAT IS NOT AN EEO COMPLAINT The USPS will provide the Supplier via email information on the harassment allegation for the management initiated investigation that is not an EEO complaint.

The Supplier will submit a draft report of a management initiated investigation on a harassment allegation that is not an EEO complaint to the USPS within twenty-five days from receipt of the case file. The draft ROI will include the investigative summary and the completed affidavits. The USPS expects the draft ROI to be complete with all the testimony and documentary evidence relevant to the harassment allegation that is not an EEO complaint. The USPS shall within five (5) calendar days, review the draft ROI and provide the Supplier written instructions on supplemental work and/or requested modifications, if any. Acceptance, rejection or request for modification for federal agency customer cases will be in accordance with the federal agency customer time lines. The Supplier will be required to obtain the relevant testimony and documentary evidence, at no extra cost to the USPS and within the time frames specified by the USPS, if the Supplier failed to include all the relevant information in the draft ROI.

The content and format of the investigative file shall be arranged consistent with the format outlined for EEO investigations as described in Section 14 minus those sections not applicable. The USPS at its discretion may change the content and format of the investigative file for a management initiated investigation of harassment allegations that is not an EEO complaint.

16 SANITIZATION OF REPORTS OF INVESTIGATION

The Supplier shall remove the home address, home telephone number, social security, and employee identification number for all witnesses and other individuals (e.g., applicants for a position) from the final reports. The Supplier shall delete further information from the final report copies if instructed by the USPS.

17 PERFORMANCE STANDARDS

The Supplier shall meet or exceed the quality and timeliness standards set forth below.

17.1 QUALITY STANDARDS

Reports of Investigations shall be prepared and delivered in accordance with the quality standards contained in this SOW, Technical Exhibit 4-001, and specific requirements provided by the USPS. Reports of Investigation shall be sufficient to allow an independent trier of fact to adjudicate the charges of discrimination using the ROI as the sole source of evidence available to make a final decision, including a determination of any appropriate remedy. The reports must also contain adequate descriptions and explanations to allow those not familiar with the USPS or its federal agency customers and their employment practices to understand the results of the investigation using only the report as their source of information.

17.2 TIMELINESS STANDARDS

The Supplier shall deliver the following plans and reports for each ROI within the timelines delineated below. For cases involving delays and approved extensions, the Supplier shall deliver the ROIs in accordance with the deadlines established by the USPS as appropriate, unless another section of this contract specifically provides for the computation of an extension of any delivery date.

For cases assigned after the start date of this Agreement, the following standards apply:

Deliverable

Delivery Date

18 PERFORMANCE REQUIREMENTS

1) All cases assigned to the Supplier will be completed in accordance with the guidelines outlined in the Statement of Work, Section 17.1, Quality Standards and 17.2, Timeliness Standards.

2) The Supplier’s performance with respect to the content and quality of each draft report of investigation will be reviewed and evaluated. Less than satisfactory performance can result in the Supplier not being assigned additional cases.

3) The Supplier MUST perform all the work associated with the assigned Task Order and NOT assign or delegate any portion of the work to another individual in any capacity.

19 ORDERING AGREEMENT

An Ordering Agreement is not a contract with the USPS, but the structure for future contracts, should specific tasks/cases be assigned to the Supplier. Each task, once accepted by the Supplier, becomes an individual contract. Once the task/case is completed, that contract is over.

An Ordering Agreement is not a binding contract with a specific, agreed upon quantity or minimum amount of work, and the USPS is under no legal duty or obligation to assign further cases to the Supplier as an EEO Investigator.

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