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Management Directive 110

Appendix A EEO-MD-110
INTERAGENCY AGREEMENT
BETWEEN
THE U.S. [Non Conflict AGENCY]
AND
THE U.S. [AGENCY]

  1. Purpose, Authority, and Scope

    The U.S. [Non Conflict AGENCY (hereinafter "NC Agency") and the U.S. [AGENCY] (hereinafter "agency") hereby agree that, in accordance with the terms of this Interagency Agreement (hereinafter "Agreement") and the Economy Act, 31 U.S.C. § 1535, the NC agency shall assume responsibility for investigating the following Equal Employment Opportunity (EEO) complaint filed with the agency:

    [Complainant] v. [AGENCY] [Case No.]

    Through this interagency acquisition, the agency is obtaining needed investigative services from the NC agency on a reimbursable basis.

  2. Responsibilities of the NC Agency

    With respect to the matters identified in Part A of this Agreement, and pursuant to 29 C.F.R. § 1614.607, the agency herein officially delegates authority to the NC agency as follows:

    1. The NC agency shall investigate the complaint in accordance with 29 C.F.R. § 1614.108(b)-(e).
    2. The NC agency shall prepare an investigative file and an investigative summary.
    3. Upon conclusion of the investigation, the NC agency shall forward the investigative file to the agency to continue processing in accordance with 29 C.F.R. Part 1614.
  3. Responsibilities of Agency

    With respect to the complaint identified under Part A of this Agreement, the agency agrees to assume the following responsibilities:

    1. The agency shall transmit the complaint file to the NC agency for investigation within seven calendar days of the date that this Agreement is signed by the NC agency and received by the agency by fax or mail, whichever is earlier.
    2. The agency shall cooperate fully with the NC agency staff assigned to the investigation of the complaint covered by this Agreement. This cooperation shall include, but not be limited to, the following:
      1. making agency officials and employees available for interviews, conferences, and statements under oath with the NC agency at times and places designated by the NC agency, including any employees deemed by the NC agency to be witnesses necessary to furnish information pertinent to the complaint. This includes the obligation to provide official time to these employees and to pay their necessary travel expenses;
      2. promptly responding to any written or oral requests for information received from the NC agency;
      3. designating and making available an agency official who is authorized to discuss and enter into a voluntary settlement of the complaint; and
      4. ensuring that the agency representative:
        1. not request, or be provided with, any EEO complaint record document during the investigation;
        2. not be present when the investigator meets with a witness or a potential witness, except at the express request of the witness. Agency representatives may inform witnesses that they have the right to have an agency representative present when they meet with the investigator; and
        3. not speak to witnesses concerning their testimony prior to or during the investigation unless the contact with the agency representative was initiated by the witness.
    3. Upon receipt of the investigative file from the NC agency, the agency will notify the complainant in accordance with 29 C.F.R. § 1614.108(f).
      1. The agency will reimburse the NC agency, as provided below and in accordance with Parts D and E of this Agreement, actual costs associated with the NC agency's investigation, to include the following:
        1. Reimbursement to the NC agency for all time spent by the assigned NC agency personnel to investigate the complaint and prepare the investigative file;
        2. Reimbursement to the NC agency for all time spent by the NC agency clerical personnel for clerical work related to the investigation of the complaint and preparation of the investigative file; and
        3. Reimbursement to the NC agency of standard rate factor (28%) of the salary rates reimbursed in Sections (i) and (ii), above, for benefits and other costs associated with the administration of this Agreement.
      2. The agency will pay, as provided below and in accordance with Parts D and E of this Agreement the following costs:
        1. Payment for all air, hotel, per diem, and other travel expenses as authorized by the Federal Travel Regulations for travel by the NC agency personnel required to investigate the complaint;
        2. Payment for all costs for the services of a qualified court reporter (not an agency employee) to take verbatim affidavits or statements and prepare transcripts in connection with any investigative proceeding;
        3. Payment for all copying services of a commercial vendor determined to be necessary to reproduce the investigative file; and
        4. Payment for all other actual costs agreed to by agency prior to incurrence of the cost, as may be necessary to the NC agency's investigation of the complaint.
  4. NC Agency's Right to Determine Investigative Method

    The NC agency reserves the right to determine the investigative techniques and procedures to be utilized in the investigation of the complaint identified in Part A of this Agreement. In the event that the NC agency elects to have verbatim affidavits or statements of the witnesses made at fact-finding conferences or other investigative proceedings, the agency agrees, subject to a ten (10) working day advance request by the NC agency to take all necessary steps to procure the services of a qualified court reporter to transcribe investigative proceedings and to prepare transcripts of those proceedings. The NC agency shall not arrange and provide court reporter services on a reimbursable basis. All arrangements shall be made by the agency and all bills for transcription services and transcripts shall be sent directly to the agency. Such bills shall not be sent to the NC agency.

    The agency is responsible for ensuring that a requested court reporter is available on the day and at the time and location specified by the NC agency. The original transcript of any proceeding and any copies ordered shall be sent directly to the NC agency within the time frame deemed necessary by the NC agency, but not later than ten calendar days from the date of the investigative proceeding.

  5. Procedure for Reimbursement
    1. Upon completion of the investigation, the NC agency shall present to the agency an itemized billing statement of the costs and expenses and the total hours expended by the assigned NC agency personnel for services related to the investigation of the complaint pursuant to Part C. 4. a. of this Agreement.

      As appropriate, the itemized billing statement shall include a standard rate factor for employee benefits and administration (28%, as provided in Part C. 4. a. of this Agreement). The time expended by the assigned NC agency personnel investigating the complaint shall include time spent in a travel status and for other time spent on the investigation either during or after normal duty hours.

      The statement shall also include a recitation of the total dollar amount to be reimbursed to the NC agency by the agency. Such amount shall be calculated by multiplying the total hours expended by the official hourly rate of the assigned NC agency personnel based on the individual's official grade and step and in accordance with the applicable federal pay schedule.

      Upon presentation of the itemized billing statement, collection shall be effected by the NC agency via the U.S. Treasury's intra-governmental payment and collection system (IPAC) using the following agency accounting data:

      Agency Location Code: ________________

      Appropriation Code: ________________

      DUNS/BPN Number: ________________

      Collection shall be made no later than thirty calendar days of the billing. The NC agency's liaison regarding billing is [Name], [phone number]. The agency's liaison regarding this Agreement is ____________________________________, _________________ [please insert name, phone number].

    2. In the event that the complaint is settled, withdrawn by the complainant, or canceled by the agency prior to the NC agency's completion of the investigation, the NC agency shall present the agency an itemized billing statement for all hours expended by the assigned NC agency personnel up to such time as the complaint is settled, withdrawn, or canceled and costs incurred by the NC agency.
    3. Travel expenses relating to the investigation shall be paid by the agency at General Schedule Administration rates as travel is performed. Travel shall not be arranged and paid for by the NC agency on a reimbursable basis. When the agency's designated contact person for the complaint is notified by the NC agency that travel arrangements are necessary with respect to the investigation of the complaint, the contact person shall arrange or cause to be arranged all round-trip travel arrangements to include all airline scheduling and tickets, lodging accommodations at the destination and authorized per diem.

      Prior to travel, the agency shall deliver the necessary airline tickets (either by paper or notification of availability of electronic ticket), confirmation of lodging arrangements, and any travel advance as authorized by the Federal Travel Regulations to the designated NC agency personnel. Upon completion of the travel, the NC agency shall present the agency with the necessary information and documents for the agency to prepare a travel claim for the signature of the personnel investigating the complaint. The agency shall promptly process and settle such travel claims.

  6. Agreement Effective Date, Term Modification, and Termination

    This Agreement will become effective when signed by both the agency and the NC agency and will remain in effect until completion of the investigation and final payment of costs as set forth herein is made by the agency, the complaint is settled, withdrawn by the complainant or cancelled by the agency and final payment of costs as set forth herein is made by the agency. The NC agency and the agency may modify this Agreement by written consent. The NC agency or the agency may terminate this Agreement by giving 30 days advance written notice to the other.

    Should a disagreement arise on the interpretation of the provisions of this agreement, or amendments and/or revisions thereto, that cannot be resolved at the operating level, the area(s) of disagreement shall be stated in writing by each party and presented to the other party for consideration. If agreement on interpretation is not reached within thirty (30) days, the parties shall forward the written presentation of the disagreement to respective higher officials for appropriate resolution.

  7. Signatures and Date

    FOR THE U.S. [AGENCY]:

    _______
    Date

    ________________________________________________
    [Name]

    _____________________
    [Title]

    FOR THE U.S. [NC AGENCY]:

    _______
    Date

    ________________________________________________
    [Name]

    _____________________
    [Title]