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Subtitle A-Federal Procurement Regulations System Continued




Part 10-12 10-60

Procedures for settling contract dispute appeals ....



Subpart 10–12.8—Equal Opportunity in


12.803(c). Sections 10-12.816 to 1012.830 are reserved for subsequent provisions governing financial agents. Sections 10-12.831 to 10-12.889 are reserved for regulations applying to other Treasury contracts Covered by Executive Order 11246, as amended.


10-12.801 Scope of subpart. 10-12.802 Administrative responsibility. 10-12.803 Definitions. 10-12.804 Equal opportunity clause. 10-12.805 Exemptions. 10-12.806 Notice of qualification of finan

cial agents. 10-12.807 Reports. 10-12.808 Segregated facilities. 10-12.809 Compliance reviews. 10-12.810 Complaints. 10-12.811 Violation of equal opportunity

clause. 10-12.812 Hearings. 10-12.813 Sanctions and penalties. 10-12.814 Affirmative action compliance

programs. 10-12.815 Solicitations and advertisements.

AUTHORITY: E.O. 11246, as amended by E.O. 11375, 42 U.S.C. Supp. III, 2000e note; and 41 CFR ch. 60.

SOURCE: 34 FR 9, Jan. 1, 1969, unless otherwise noted.

8 10-12.802 Administrative responsibility.

The Secretary has designated the General Counsel as the Treasury Department Contract Compliance Officer, who is responsible to the Secretary for carrying out the duties and responsibilities of the Department under Executive Orders 11246 and 11375, and Chapter 60 of this title and the provi. sions of this subpart. The General Counsel is assisted by the Director of the Office of Equal Opportunity Program, who is also the Deputy Contract Compliance Officer for the Department. The Deputy Contract Compliance Officer is responsible for conducting or supervising the conduct of all compliance reviews to be undertaken by the Department of banks and financial institutions. He will also furnish assistance required in determining such matters as the compliance status of contractors, the Compliance Agency for any contract, and all other questions arising in the application of Chapter 60 of this title and the provi. sions of this subpart to Treasury contracts. (35 FR 19180, Dec. 18, 1970)

Subpart 10-12.8—Equal Opportunity

in Employment

$ 10-12.801 Scope of subpart.

(a) This subpart implements and supplements rules and regulations issued by the Secretary of Labor as Chapter 60 of this title to carry out the provisions contained in Parts II, III, and IV of Executive Order 11246, as amended by Executive Order 11375, for the promotion of equal opportunity in employment with Government contractors on the basis of merit and without discrimination because of race, color, religion, sex, or national origin. The provisions of Chapter 60 of this title apply to the contracts of the Treasury Department except as may be specifically provided herein. The regulations in this subpart prescribe administrative requirements and procedures to assure compliance with the program for equal employment opportunity under Treasury contracts.

(b) Sections 10-12.803 to 10-12.815 apply exclusively to contracts with financial agents, as defined in $ 10

8 10-12.803 Definitions.

(a) The term “Compliance Agency" means the Treasury Department.

(b) The term “contract” includes any agreement to serve as a financial agent, whether written or implied by the performance of services as a financial agent.

(c) The term "financial agent" in this subpart means a bank which, under Treasury Department regulations, accepts deposits of public money in any amount, or any financial insti. tution which, under Treasury Department regulations, acts as either an issuing or paying agent for U.S. savings bonds and savings notes. The term “fi

nancial agent" does not include any organization, other than a financial institution, which is an issuing agent only, or a Federal Reserve Bank. 10-12.804 Equal opportunity clause.

(a) By operation of the order, as amended, and of the regulations of the Treasury Department in 31 CFR Parts 202, 203, 214, 317, and 321, the equal opportunity clause in section 202 of Executive Order 11246, as amended, applies to every contract with a financial agent whether the contract is made by written agreement with the Department, or with a Federal Reserve Bank acting as its fiscal agent, or is created by the deposit of public money by an officer, agent, or employee of the United States.

(b) Hereafter, the equal opportunity clause shall be incorporated by reference in every written agreement entered into by a financial agent with the Treasury Department, or with a Federal Reserve Bank acting as its fiscal agent.

Form 100 (EEO-1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or such form as may hereafter be promulgated in its place.

(b) Initial reports. Each newly qualified financial agent shall file with the Contract Compliance Officer an initial report on a form supplied by that officer within 30 days after receipt of the report form. If such report is filed on the compliance report form required under paragraph (a) of this section between November 1 of the year in which the financial agent is qualified and the following March 31, no further report will be due as of that March 31.

§ 10-12.808 Segregated facilities.

(a) All financial agents agree as part of their obligations as an equal opportunity employer not to maintain or provide for employees any facilities which are segregated on the basis of race, color, religion, or national origin, at the main office or any branch office.

(b) An application or agreement to perform the services of a financial agent shall include a certification in the form approved by the Director that no such segregated facilities are or will be maintained.

8 10-12.805 Exemptions.

The exemptions provided in $ 60-1.5 of this title which are based on dollar amounts do not apply to contracts with financial agents.

§ 10-12.806 Notice of qualification of fi

nancial agents. The qualifying authority shall notify the Contract Compliance Officer, in accordance with Fiscal Service instructions, of the qualification of a financial agent, its address, and the services for which it has qualified. On the basis of information available to and furnished by the Contract Com pliance Officer to the qualifying authority, the qualification of a financial agent may be deferred pending a review of the agent's equal opportunity compliance status. The provisions of $ 60-1.6(d) of this title shall not otherwise apply to the making of a contract with a financial agent. 8 10-12.807 Reports.

(a) Compliance reports. Each financial agent which has 50 or more em. ployees shall file annually on or before the 31st day of March a com. plete and accurate report on Standard

$ 10-12.809 Compliance reviews.

Compliance reviews required by virtue of $ 60-1.20 of this title will be conducted by a Deputy Compliance Officer or other qualified personnel of the Treasury Department regularly involved in the Equal Employment Opportunity program. 8 10-12.810 Complaints.

Complaints filed with the Treasury Department or referred to the Treasury Department by the Director of the Office of Federal Contract Compliance, Department of Labor, will be processed in accordance with the provisions of $ 60-1.24 of this title.

8 10-12.811 Violation of equal opportunity

clause. If any complaint, investigation or compliance review indicates a violation

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