Table of Contents

Solicitation/Contract Form
Supplies or Services/Prices
Description/Specifications
Packaging and Marking
Inspection and Acceptance

52.246-4 Inspection of Services - Fixed Price (Aug 1996)
Deliveries or Performance
Contract Administration Data
Special Contract Requirements
Contract Clauses

LIST OF ATTACHMENTS

Description/Specifications

C-1 TERO CONTRACT

1. This contract is intended to provide continued development of indigenous capacity to enhance the employment opportunities of Indians and to identify, remedy and eliminate unlawful employment discrimination occurring on or near the reservation by supporting the work of a Tribal Employment Rights Office (TERO).

   The TERO will:

   1. Negotiate written Indian preference agreements with employers operating on or near the reservation.
   2. Provide activities to enhance public awareness of the complaints resolution process under Tribal Ordinance for alleged discrimination occurring on the reservation, and of Title VII protection against unlawful employment discrimination both on and off the reservation.
   3. Provide referral services to provide a point of contact between employers operating on or near the reservation and residents of the reservation with skills required by those employers.
   4. Conduct on-site inspections of employers on the reservation to assure that goals and timetables agreed to under Tribal Ordinance and preference agreements are being met.
2. The following specific tasks will be performed during the period of this contract:
   1. Secure preference agreements from on-reservation employers or employers operating within a reasonable commuting distance of the reservation.
   2. Secure Tribal Ordinance and preference resolutions and Title VII settlements.
   3. Conduct on-site inspections of employers on the reservation.
   4. Make referrals to employers on or near the reservation.
   5. Perform tribe-wide information dissemination conferences designed to increase awareness of Indian rights with respect to employment discrimination including complaint procedures under Title VII and grievance procedures under Tribal Ordinance.
3. It is understood and expressly agreed to by both parties to this contract that all provisions of the EEOC's Contract Qualification Criteria for FY 2013 for the TERO Program are incorporated in their entirety into this contract. (See Section J)

Packaging and Marking

D-1 TERO CONTRACT

Reports and any other data furnished hereunder shall be sent through the regular U.S. mail to the Contract Administration Office (EEOC District Office) as specified on Standard Form 26, Block No. 6.

Inspection and Acceptance

E-1 TERO CONTRACT

Inspection and Acceptance shall be made by the Contracting Officer's Representative (COR).

Deliveries or Performance

F-1 TERO CONTRACT

1. The work to be performed hereunder shall be October 1, 2012 through September 30, 2013.
2. Upon award of the contract, the Contractor shall demonstrate progress toward completion by submitting on the prescribed quarterly report form entitled "Quarterly TERO Report" the following information no later than the 15th of the month following the end of each quarter to the COR.
   1. The number of employers on the reservation and approximate number of employers near the reservation. The number of employers with preference agreements. Lists of on-reservation employers with whom preference agreements do not exist, and off-reservation employers with whom preference agreements do exist. List of meetings conducted concerning the implementation or renewal of Indian preference agreements.
   2. A list of employers for whom on site inspections have been conducted to monitor compliance with preference agreements, tribal ordinances, resolutions, and Title VII for terms and conditions of employment.
   3. Identification of preventive activities undertaken through various communications with employers, including workshops, seminars, and meetings, about employment requirements under tribal ordinances and Federal EEO statutes.
   4. Identification of all community awareness activities that were undertaken to inform the community members of their rights and obligations under tribal ordinances, preference agreements, and Title VII.
   5. Identification of training and skills development provided, including the names of participants, descriptions of the training provided, and the sponsors of the training.
   6. Identification of individuals referred for employment, the employers and positions to which they were referred, and the results of the referrals.
   7. The number of inquiries received from individuals claiming to be aggrieved by employment related actions or inactions.
   8. A detailed description of all complaints and charges processed by the TERO. Such description must include details about the dispositions of the charges, such as the terms of settlements, the number of individuals affected, and the monetary benefits.
   9. A detailed description of all complaints and charges forwarded to the EEOC for resolution, including the dates the charges were forwarded.
   10. A detailed description about the individuals who benefited from TERO activities, including complaint resolutions, training, and referrals.
3. Between the required performance reporting dates, events may occur that have a significant impact on the program. In such instances, the Contractor shall inform the Contract Administration Office as soon as the following types of conditions become known:
   1. Problems or adverse conditions that will materially affect the ability to attain program objectives and prevent the meeting of required time schedules and goals. This disclosure shall be accompanied by a statement of action taken, or contemplated, and any Commission assistance needed to resolve the situation.
4. The COR shall make site visits on an as needed basis to:
5. 1. Review program accomplishments.
   2. Provide such assistance as may be required.
6. It is understood and expressly agreed that granting of advance payment is contingent upon a showing by the Contractor, on a quarterly basis, that the Contractor is making satisfactory progress toward completion of the contract. Timely submission of a completed Quarterly Report is a significant indicator of satisfactory progress.

Contract Administration Data

G-1 TERO CONTRACT

G.1 CONTRACT ADMINISTRATION DATA

1. Contracting Officer: See Block 20A of SF 26
2. Inspection and Acceptance: See Section E of the Schedule
3. Accounting and Appropriation Data: See Accounting Line Accounting and Appropriation Data
4. Contracting Officer's Representative: Barbara Rusden
   State and Local Coordinator
   Phoenix District Office
   Telephone: (603) 640-5054
5. Paying Office: See Block 12 of SF 26
6. Program Director: Michael J. Dougherty, Director
   State and Local Programs, OFP
   131 M Street, N.E., Fifth Floor
   Washington, DC 20507
   Telephone: (202) 663-4801

G.2 CONTRACTING OFFICER

Notwithstanding any of the provisions of this contract, the Contracting Officer shall be the only individual authorized to modify any of the terms of the contract or redirect the efforts of the contractor.

G.3 CONTRACTING OFFICER'S REPRESENTATIVE

The EEOC State and Local Coordinator/Program Manager for the District Office will serve as the Contracting Officer's Representative (COR) during the performance of this contract. The name of the authorized COR will appear in Section G.1 Contract Administration Data. The COR shall monitor the contract for the Program Director, Office of Field Programs and provide the Contractor with technical guidance. Technical guidance shall mean filling in the details or otherwise explaining the scope of work and the requirements set forth in the contract. It is intended that the details or suggestions furnished shall not constitute any changes in terms and conditions of the contract. The COR has the responsibility for monitoring and evaluating all phases of the contractor's performance in order to determine compliance with the technical requirements of the contract. The COR is responsible for providing oversight to the District Office District Resource Manager (DRM) for the preparation of the official receiving report to record acceptance in EEOC's financial system procurement module. No payment may be made until a properly completed receiving report is transmitted to the payment office.

G.4 INVOICING INSTRUCTIONS

1. The original invoices and any other information required to make payments to vendors shall be sent to the following address:
   US Equal Employment Opportunity Commission
   P O Box 8790
   Reston, VA 20195-2690
   Attn: Matthew France
   Telephone: (703) 390-5393
2. A copy of the invoice shall be sent to the COR.
3. Upon notice of award, an advance payment voucher not to exceed 20 percent of the total annual contract price of this contract may be submitted by the Contractor. Should this contract obligate funds less than the total annual contract price, the Contractor may submit a voucher for that amount; provided that the voucher does not exceed 20 percent of the total annual contract price. The advance payment invoice will be approved for payment by the COR only after award of the contract by the Contracting Officer. Subsequent quarterly payments may be vouchered no later than the 10th of the first month in each quarter (January, April, July) to insure receipt of funds as near to the beginning of each quarter as possible.
4. The COR will review performance on a quarterly basis. In the event a Contractor's quarterly performance does not meet the specified requirements under the contract, the COR is empowered to withhold approval for payment from the Contractor by not executing the voucher and by providing an explanation to the Contractor detailing the reasons for withholding payment.

Special Contract Requirements

H-1 TERO CONTRACT

H.1 INDEMINIFICATION

The Contractor agrees to indemnify the Government, its officers, agents, employees and assignees, for all claims of any nature arising out of the performance of this contract, including costs and expenses resulting from such claims.

H.2 ACKNOWLEDGMENT OF SPONSORSHIP

The Contractor agrees that in the communication or release of all information concerning work performed or work to be performed under this contract, such communication or release, whether in writing or otherwise, shall be jointly approved by the Contract Administration Office and the Contractor, and shall include a statement to the effect that the project or effort depicted was or is co-sponsored by the EEOC.

H.3 TITLE VII CONFIDENTIALITY PROVISIONS

The Contractor agrees that it will observe the confidentiality provisions of Section 706(b) and 709(e) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sections 2000e-5(b) and 2000e-8(e) and that it will not make public in any manner Commission furnished case files, EEO Report Forms by individual respondents or data, the names of parties and facts of any case it is investigating or otherwise acting upon for the Commission except as directed in writing by the Program Director of this contract.

H.4 NOTICE OF ADVERSE COURT ACTION

The Contractor will provide written notice to the Program Director of any adverse local, state or federal court decision issued against the Contractor relevant to the Equal Employment Opportunity clauses, Section I, of this contract. Such notice shall be provided within ten days of the court's decision.

H.5 PRIVACY ACT

This contract requires the collection, creation and maintenance of records that are subject to the Privacy Act of 1974. See the Privacy Act Notification Clause and the Privacy Act Clause incorporated into this contract in Section I. The records compiled, created and maintained pursuant to this contract are included in the EEOC's Privacy Act System EEOC-3, "Title VII and ADA Discrimination Case Files", or Privacy Act System EEOC-1, "Age and Equal Pay Discrimination Case Files." The contents and operation of these systems are described in Federal Register Notice, "Privacy Act of 1974; Publication of System of Records" included in Section J of this contract. The EEOC's Privacy Act Regulations, at 29 CFR, Part 1611 are hereby incorporated by reference.

H.6 CONTRACT ADJUSTMENTS

1. The COR will review the quarterly reports submitted by the Contractor. The Contractor shall perform the tasks specified in Section C during each quarter and report on the progress toward completion of these tasks on the Quarterly TERO Report form.
2. If the Contractor fails to report on its activities as required by the contract, the Contractor agrees to allow the government to unilaterally modify the contract price downward by no more than 25 percent of the original contract amount for each quarterly report that does not provide the information schedule set forth in Section F.2 of this contract.

Contract Clauses

Section I - Contract Clauses

Contract Clause:

This contract incorporates one or more clauses by reference, with the same force and effect as if they were giving in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisition.gov/far/index.html

(End of clause)

Clauses by Reference:

52.204-7 Central Contractor Registration. (DEC 2012)52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010)52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)52.222-3 Convict Labor. (JUN 2003)52.222-21 Prohibition of Segregated Facilities. (FEB 1999)52.222-26 Equal Opportunity. (MAR 2007)52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010)52.222-50 Combating Trafficking in Persons. (FEB 2009)

LIST OF ATTACHMENTS

J-1 TERO CONTRACT

Attachment A - EEOC Contract Qualification Criteria for FY2013

Attachment B - Federal Register Notice, Dated July 30, 2002