subcontractor shall be entitled to request an opportunity to be heard by the agency. When such notice is received from the Executive Vice Chairman, a request for an opportunity to be heard may be made to the Committee. The letter to the Executive Vice Chairman or the head of the agency, or his authorized representative, as the case may be, may include a request for a written statement specifying charges in reasonable detail. The request for an opportunity to be heard shall be made within ten days from the date of receipt of notice of the proposed determination. If at the end of such ten day period, no request has been received, the Executive Vice Chairman or the head of the agency, or his authorized representative, may assume that an opportunity to be heard is not desired, and the Executive Vice Chairman may enter an order declaring such contractor or subcontractor ineligible for further contracts, or extensions or other modifications of existing contracts, until such contractor or subcontractor shall have satisfied the Committee that he has established and will carry out personnel and employment policies in compliance with the provisions of the Orders.

(3) Hearing, time and place. Upon receipt of a request for an opportunity to be heard, the Executive Vice Chairman or the head of the agency, or his authorized representative, shall arrange a timely hearing. The hearing shall be conducted by the head of the agency or his authorized representative or by a panel of the Committee consisting of not less than three members thereof appointed by the Chairman or Vice Chairman of the Committee. When the hearing is conducted by an agency, no decision by the head of the agency, or his authorized representative, shall be final without the prior approval of a panel of the Committee.

§ 60-1.28 Opportunity to achieve compliance before referrals to the Department of Justice or contract termination.

No case shall be referred to the Department of Justice under section 312(b) of the Order and no contract shall be terminated in whole or in part under section 312(d) of the Order until the expiration of at least ten days from the mailing of notice of such proposed referral or contract termination to the contractor or subcontractor involved, af

fording him an opportunity to comply with the provisions of the Orders. Reasonable efforts to persuade the contractor or subcontractor to comply with the provisions of the Orders and to take such corrective action as may be appropriate shall be made during this period.

§ 60-1.29

Contract ineligibility list.

The Executive Vice Chairman shall distribute periodically a list to all executive departments and agencies giving the names of contractors and subcontractors who have been declared ineligible under these regulations and the Orders. The Executive Vice Chairman may also publish such a list together with a list of those contractors for subcontractors who may have reestablished their eligibility in such form and in such places as he may deem appropriate.

§ 60-1.30 Notification of Comptroller General in cases of contract ineligibility or contract termination.

Whenever a contract or subcontract is terminated or whenever a contractor or subcontractor is declared ineligible from receiving further contracts or subcontracts because of noncompliance with the equal opportunity clause, the Executive Vice Chairman shall notify the Comptroller General of the United States.

In

Any contractor or subcontractor declared ineligible for further contracts or subcontracts under the Orders may request reinstatement in a letter directed to the Executive Vice Chairman. connection with the reinstatement proceeding, the contractor or subcontractor shall be required to show that it has now complied with the Orders or that it has a program of compliance acceptable to the Executive Vice Chairman.

Subpart C-Certificates of Merit § 60-1.40 By the Committee on its own initiative.

The Committee acting through the Chairman or Vice Chairman may award United States Government Certificates of Merit to employers or employee organizations which are or may hereafter be engaged in work under contracts, if the Committee is satisfied that the per

sonnel and employment practices of the employer, or that the personnel, training, apprenticeship, membership, grievance and representation, upgrading, and other practices and policies of the employee organization conform to the purposes and provisions of the Order.

§ 60-1.41 By the Executive Vice Chairman upon agency recommendation. The Committee, acting through the Executive Vice Chairman, may award a United States Government Certificate of Merit upon the recommendation of an agency. The recommendation should include a statement in sufficient detail to inform the Executive Vice Chairman of the basis for the proposed award.

§ 60-1.43 Suspension or revocation.

The Committee acting through the Chairman or Vice Chairman may at any time review the continued entitlement of any employer or employee organization to a United States Government Certificate of Merit, and may suspend or revoke in the public interest the Certificate if the holder thereof, in the judgment of the Executive Vice Chairman, is no longer in compliance with the provisions of the regulations and those of the Order. The Executive Vice Chairman shall notify all agencies of such suspension or revocation of the Certificate of Merit.

Subpart D Ancillary Matters

§ 60-1.60 Solicitations or advertisements for employees.

In solicitations or advertisements for employees placed by or on behalf of a contractor or subcontractor, the requirements of paragraph (2) of the equal opportunity clause shall be satisfied whenever the contractor or subcontractor complies with any of the following:

(a) States expressly in the solicitations or advertising that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin;

(b) Uses display or other advertising, and the advertising includes an appropriate insignia prescribed by the Committee. The use of the insignia is considered subject to the provisions of 18 U.S.C. 701;

(c) Uses a single advertisement, and the advertisement is grouped with other advertisements under a caption which

Each contractor and subcontractor shall permit access during normal business hours to his books, records, and accounts pertinent to compliance with the Orders, and all rules and regulations promulgated pursuant thereto, by the agency, the Committee, the Executive Vice Chairman, and the Secretary of Labor for purposes of investigation to ascertain compliance with the Orders and the rules, regulations, and relevant orders of the Committee. Information obtained in this manner shall be used only in connection with the administration of the Orders.

§ 60-1.62 Rulings and interpretations.

The Executive Vice Chairman shall have authority to issue rulings and interpretations regarding the contracts portion of the Orders and the regulations contained in this part. The rulings and interpretations of the Executive Vice Chairman, unless and until modified or revoked, shall be authoritative.

§ 60-1.63 Reports to the Committee.

The Executive Vice Chairman shall make periodic reports to the Committee and such other reports as may be requested by the Chairman or Vice Chairman of the Committee.

§ 60-1.64 Existing contracts and sub

contracts.

All Government contracts and subcontracts in effect prior to April 5, 1961, which are not subsequently modified shall be administered in accordance with the nondiscrimination provisions of any prior applicable Executive Orders. Any Government contract or subcontract modified on or after April 5, 1961, but before June 22, 1963, shall be subject to Executive Order 10925. Any Government contract or subcontract modified on or after June 22, 1963, shall be subject to the Order, and shall include as part of such modification the equal opportunity

PART 60-80—INTERPRETATIONS

Sec.

60-80.1

60-80.2

§ 60-80.1

Section 301 of Executive Order 10925.

Apprenticeship programs.

Section 301 of Executive Order 10925.

The President's Committee on Equal Employment Opportunity interprets the requirements of contract provision (2) of section 301 of Executive Order 10925 of March 6, 1961 (26 F.R. 1977), relating to solicitations or advertisements for employees on public contracts as being satisfied whenever the contractor or subcontractor does any of the following:

(a) States expressly in the solicitations or advertising that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin;

(b) Uses display advertising, and the advertising includes an appropriate insignia prescribed by the Committee. The use of the insignia is considered subject to the provisions of 18 U.S.C. 701.

(c) Uses a single advertisement, and the advertisement is grouped with other advertisements under a caption which clearly states that all employers in the group assure all qualified applicants equal consideration for employment without regard to race, creed, color, or national origin.

(d) Uses single advertisement in which appears in clearly distinguishable type the phrase "an equal opportunity employer."

(Sec. 306, E.O. 10925, 26 F.R. 1977) [26 F.R. 5623, June 23, 1961]

§ 60-80.2 Apprenticeship programs.

(a) The compliance of government contractors and federally assisted construction contractors with Executive Orders 10925 and 11114 will be deter

mined in so far as apprenticeship programs are concerned on the basis of the standards contained in the regulations of the Secretary of Labor on nondiscrimination in apprenticeship and training, 29 CFR, Part 30, §§ 30.2-30.9, 30.15. For purposes of determining contractor compliance, these standards apply to any apprentice program which includes apprentices employed by a government contractor or federally assisted construction contractor during the performance of a Federal Government contract or federally assisted construction contract. The standards apply regardless of whether the program in which the apprentices are indentured is registered directly with the Bureau of Apprenticeship and Training.

(b) The staff of the Bureau of Apprenticeship and Training of the United States Department of Labor is available to advise and assist contracting or administering agencies on all compliance questions arising under this section.

(c) In determining questions of compliance, or of an alleged denial of equal employment opportunity in apprenticeship, if the apprenticeship program involved is registered with a State Apprenticeship Council under an equal opportunity program that has been found by the Administrator of the Bureau of Apprenticeship and Training of the United States Department of Labor to be consistent with 29 CFR, Part 30, the contracting agency shall seek the advice and cooperation of the appropriate State agency or agencies charged with the responsibility of investigating or adjudicating claims of discrimination in apprenticeship in connection with any determination as to whether or not the contractor concerned is in compliance, or whether or not there has been a denial of equal employment opportunity. (E.O. 10925, 26 F.R. 1977; E.O. 11114, 28 F.R. 6485) [29 F.R. 9658, July 17, 1964]