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Inter-Agency Agreement between the U.S. Department of Labor, (DOL) 

Office of Federal Contract Compliance Programs (OFCCP) and the U.S. 

Census Bureau (USCB) to Provide Goods and Services Related to the Equal 

Employment Opportunity Custom Tabulation (EEO Custom Tabulation or 

EEO Tab) using the American Community Survey (ACS) 5-year data for 

years 2014-2018 

U.S. CENSUS BUREAU Agreement No. XXXX-XXXX-XXX 

I. Parties, Authority, and Justification 

A. Parties 

This Inter-Agency Agreement (IAA) is established between the U.S. Department 

of Labor, (DOL) Office of Federal Contract Compliance Programs (OFCCP) and 

the U.S. Census Bureau (USCB). OFCCP is a member of a consortium of 

Federal agencies including, at present, the U.S. Department of Justice, Civil 

Rights Division, the Equal Employment Opportunity Commission (EEOC), and 

the Office of Personnel Management (OPM). The Census Bureau will provide 

each agency with a specific set of tables based on the American Community 

Survey 5-year data for years 2014-2018, which tables are later collectively 

published as the Equal Employment Opportunity Custom Tabulation (EEO Tab). 

OFCCP will pay the U. S. Census Bureau for supplying goods and services 

related to producing the Equal Employment Opportunity Custom Tabulation 

using the American Community Survey (ACS) 5-year data for years 2014 - 2018. 

B. Authority 

This agreement is authorized under Title 13, United States Code, (U.S.C. or Title 

13), Section 8(b), under which the U.S. Census Bureau may perform statistical 

services for other government agencies and private organizations on a 

reimbursable basis. 

The EEO Tab is used by OFCCP as a tool in the enforcement of Executive Order 

11246-Equal Employment Opportunity. It is also used by federal contractors 

seeking to comply with EO 11246. 

C. Justification 

OFCCP finds that the U.S. Census Bureau and its staff are the only entity that can 

provide these services. Authorized under 13 U.S.C. §§ 141 and 193, the U.S. 

Census Bureau collects survey data through the American Community Survey. 

This project will use the 5-year data from the 2014-2018 ACS surveys to create 

a custom tabulation that the consortium agencies will use to monitor and enforce 

civil rights laws and regulations in the area of employment. The ACS is the only 
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source that can provide this information. The ACS is the largest general-purpose 

demographic survey in the United States and includes questions on individuals' 

occupations in combination with other demographic characteristics, such as the 

individual's race, sex, national origin, age, educational attainment, and income. 

D. Statement on Title 13 and Confidentiality Protection 

Title 13, Section 9 of the United States Code (U.S.C.) requires the Census Bureau 

to keep confidential any information collected from the public under the authority 

ofTitle 13. Section 214 of Title 13, U.S.C., and Sections 3559 and 3571 of Title 

18, U.S.C., provide for the imposition of penalties ofup to five years in prison 

and up to $250,000 in fines for wrongful disclosure of confidential census 

information. 

Disclosure avoidance is the process for protecting the confidentiality of data, as 

required under Title 13 U.S.C. A disclosure of data occurs when someone can 

use published statistical information to identify an individual who has provided 

information under a pledge of confidentiality. For data tabulations, the Census 

Bureau uses disclosure avoidance procedures to modify or remove the 

characteristics that put confidential information at risk for disclosure. Although a 

table may appear to show information about a specific individual, the Census 

Bureau has taken steps to disguise or suppress the original data, while making 

sure the results are still useful. The techniques used by the Census Bureau to 

protect confidentiality in tabulations vary, depending on the type of data. 

The parties understand that Title 13 confidentiality protection and disclosure 

avoidance techniques apply to all work described in this agreement. Accordingly, 

upon completion of the tabulation, the data produced must be reviewed by the Census 

Bureau to ensure that no identifiable Title 13 data are or may be disclosed. Should it 

be determined that the requested tabulation does or reasonably could result in such 

disclosure, then the data will be modified to protect confidentiality prior to release to 

OFCCP. The Census Bureau will not provide data made confidential by Title 13 in 

the EEO Tab. 

II. Statement of Work 

A. Background 

In 1970, the Census Bureau produced the first EEO Tab as a custom tabulation 

under a contract from the Organization Resources Council (ORC). This EEO file 

used data collected by the decennial long form questionnaire. In 1980 and 1990, 

the Census Bureau produced the EEO File as a standard product after realizing 

the continued need for and expanded use of such a tabuiation. Following the 

release of the 1990 EEO File as a standard product, a consortium of 11 sponsors 

funded an additional release of more detailed tabulations. The U.S. Census 
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Bureau released this product as the 1990 Census/EEO Supplemental Tabulations. 

Due to budget considerations, the Census Bureau decided to discontinue the 

publication of a standard EEO File. A consortium of Federal agencies funded the 

Census 2000 EEO Custom Tabulation, a combination of the 1990 Census/EEO 

File and 1990 Census/EEO Supplemental Tabulation. 

In 2010, the Census Bureau discontinued the decennial long form questionnaire. 

The American Community Survey produces 5-year data on a continuous basis, 

which provides data nearly comparable to the decennial long form data. The U.S. 

Census Bureau, using funding provided by the consortium of Federal agencies, 

created the 2010 Equal Employment Opportunity Special Tabulation using 2006-

2010 ACS 5-year data. The tabulation to be created using 2014-2018 ACS data 

will be similar to the 2000 and 2010 tabulations, but with some modifications, as 

requested by the consortium of Federal agencies. 

B. Tasks 

1. General Task 

The Census Bureau will create an EEO tabulation using 2014-2018 ACS 5-year 

data for the above-mentioned consortium of Federal agencies, in accordance with 

the specifications in Attachment A - DOL Custom Tabulation Specifications. 

2. Specific Tasks 

a. Within 6 to 8 weeks following the effective date of this agreement, the 

Census Bureau shall meet with staff from the OFCCP at the Census 

Bureau Headquarters at 4600 Silver Hill Road, Suitland, Maryland 

207 46, to review the EEO tabulation request specified in Attachment 

A - DOL Custom Tabulation Specification. Any modifications 

necessary to meet the needs of the consortium agencies and to satisfy 

Census Bureau requirements for maintaining the confidentiality of 

respondents will be discussed at this and subsequent meetings as 

needed. 

b. The U.S. Census Bureau's EEO Custom Tabulation work group will 

continue its oversight role. The Social, Economic, and Housing 

Statistics Division (SEHSD) will provide the necessary specifications 

and documentation to the American Community Survey Office 

(ACSO) for them to generate the tables specified in Attachment A 

after the data from the 5-year American Community Survey (ACS) 

has been processed and reviewed. Population Division will provide 

files needed for the new delineation of the County Sets, revisiting all 

2010 County Sets plus Puerto Rico. The data files produced for the 

EEO tabulation using 2014-2018 ACS 5-year data shall include data 

for each of the tabulation variables at the geographic level specified. 
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The Census Bureau shall conduct quality and consistency checks to 

ensure the data have been properly compiled. The expected major 

time line for producing the file is as follows: 

Fall 2016: Draft schedule and project plan 

Spring 2017: Interagency Agreement in place 

Fall 2017: Purchase disk space for tabulation 

Fall 2018: First draft of tabular specifications 

Fall 2019: Tabulation requirements and 

schedule finalized 

Fall 2019: Establish final county/place geographic 

areas 

Fall 2020: Begin production of custom tabulation 

Winter 2020: Delivery of the EEO Custom 

Tabulation. 

c. The delivery of the final EEO tabulation using 2014-2018 ACS 5-year 

data. could be affected by the development of the 2014-2018 ACS 5-

year ~ata and the extent of the disclosure analysis required to protect 

privacy and maintain confidentiality. 

d. The U.S. Census Bureau will provide the final data file to OFCCP and 

each member of the consortium of Federal agencies in an ASCII 

format on an FTP site and/or DVD. A comprehensive data dictionary 

will be provided with the custom tabulation file. If needed, OFCCP 

will receive limited technical knowledge support from the U.S. Census 

Bureau, to organize their final delivery files properly. 

e. This agreement represents the products OFCCP is purchasing from the 

Census Bureau, and this is a stand-alone agreement. OFCCP has 

determined that these tasks are non-severable from each other because 

the need is for the full finished tabulation. OFCCP will not get value 

from the component parts of this project, but will only receive value 

when the whole project is complete. 

III. TERMS AND CONDITIONS 

The U.S. Census Bureau will achieve full cost recovery for the goods and 

services it is providing under this agreement to OFCCP and the other Federal 

agencies included in the consortium. Any changes to the scope of work will 

require the U.S. Census Bureau staff to review the schedule and cost of the 

tabulation to assess its impact. 

As a matter of policy, the U.S. Census Bureau maintains a publicly available list of 

all custom tabulations that includes the names of the requesters and a brief 
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description of the products. Once produced, custom tabulations also will be available 

upon request to all subsequent requestors for the cost of reproduction. Signature on 

this agreement constitutes acknowledgment and acceptance of this Census Bureau 

policy by the Parties. 

The Freedom of Information Act (FOIA) provides for the public disclosure of 

custom tabulations, except in those instances where exemptions to the FOIA 

prevent their release. 

IV. TRANSFER OF FUNDS 

The estimated total cost for all of the tables being produced for the EEO 

tabulation using 2014-2018 ACS 5-year data is $1,238,080. The estimated total 

cost to OFCCP of the tables and tabulation is $310,000 spread in payments 

starting in FY2017 through FY2020. OFCCP is obligating the full amount of 

$310,000. 

The U.S. Census Bureau is requesting OFCCP for a payment for estimated costs 

of furnishing the supplies and services starting in FY201 7. The cost estimates are 

subject to revision, pending decisions on disclosure rules and subsequent changes 

by the consortium of Federal agencies in the scope of the tabulation requested. 

Thus, the total project cost and payments are subject to revision. 

The OFCCP agrees to transfer funds to the U.S. Census Bureau in the form of 

progress or periodic payments, _on a quarterly basis at minimum. OFCCP agrees to 

transfer funds for the fiscal year according to the schedule in Attachment B. At least 

quarterly, the parties will reconcile balances related to revenue and expenses for work 

performed under the agreement. 

V. CONTACTS & ACCOUNTING INFORMATION 

The contacts of each party to this agreement are: 

Budget Contact Person 

Monique Kennedy, Budget Analyst 

U.S. Department of Labor (DOL), Office of Federal Contract Compliance 

Programs (OFCCP) 

Phone Number: 202-693-1111 

Fax Number: 202-693-1303 

Email: kennedy.monique@dol.gov 

DOL DUNS Number: 003255627 

Treasury Account Symbol: 16-0148-2017 

Business Event Type Code: DISB 
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Appropriation Code: 15 01481717 AD 2017 0148000117 C99ENF C0000 

CFCP00 CFCCPP C9003 l 253084 

Nicholas Spanos 

Chief, Data Products Development Branch 

U.S. Census Bureau 

Phone Number: 301-763-5301 

Email: Nicholas.m.Spanos@Census.gov 

Census DUNS Number: 929955383 

Agency Locator Code: 13040001 

Treasury Account Symbol: 13X4512 

Business Event Type Code: COLL CAN: 7333000 

The parties agree that if there is a change regarding the information in this 

section, the party making the change will notify the other party in writing of such 

change. 

VI. DURATION OF AGREEMENT, AMENDMENTS AND 

MODIFICATIONS 

This agreement will become effective when signed by all parties. The agreement 

will terminate on September 30, 2020, but may be amended at any time by 

mutual consent of the parties, if the amendment affects only the U.S. Census 

Bureau and the OFCCP. When a proposed modification to this agreement affects 

one or more of the agreements with the other consortium federal agencies or 

seeks to modify the specifications in Attachment A, the Census Bureau and the 

affected consortium agencies will discuss the proposed modification prior to 

amending the agreement. The parties will review this agreement at least once 

every three years to determine whether the agreement should be revised, renewed, 

or canceled. Either party to this agreement may terminate this agreement by 

providing 30 days written notice to the other party. This agreement is subject to 

the availability of funds. 

VII. RESOLUTION OF DISAGREEMENTS 

Should disagreements arise as to 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 of interpretation is not 

reached within 30 days, the parties shall forward the written presentation of the 

disagreement to respective higher officials for appropriate resolution. 

If a dispute related to funding remains unresolved for more than 30 calendar days 

after the parties have engaged in an escalation of the dispute, disputes will be 
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resolved in accordance with instructions provided in the Treasury Financial Manual 

(TFM) Volume I, Part 2, Chapter 4700, Appendix 10, available at 

http://www. fins. treas. gov /tfin/index.html. 

Nothing herein is intended to conflict with current U.S. Census Bureau or 

OFCCP directives. If the terms of this agreement are inconsistent with existing 

directives of either of the agencies entering into this agreement, then those 

portions of this agreement which are determined to be inconsistent shall be 

invalid, but the remaining terms and conditions not affected by the inconsistency 

shall remain in full force and effect. At the first opportunity for review of the 

agreement, all necessary changes will be accomplished, either by an amendment 

to this agreement or by entering into a new agreement, whichever is deemed 

expedient to the interest of both parties. 

VIII. TERMINATION COSTS 

If OFCCP cancels the order, the U.S. Census Bureau is authorized to collect costs 

incurred prior to cancellation of the order plus any termination costs, up to the total 

payment amount provided for under this agreement. 

C<:@~ .....__ Thomas M. Dowd 

Acting Director, Office of Federal Contract Compliance Programs 

Department 

~~ 

of Labor 

Date (<..-/'l-/=tVictoria Velkoff 

Division Chief 

American Community Survey Office 

U.S. Census Bureau 

Office 301.763.3234 

Email: victoria.a.velkoff@census.gov 

Attachments 

A. Attachment A - DOL Custom Tabulation Specifications 

B. Attachment B - DOL Custom Tabulation Cost Estimate