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TITLE 41—PUBLIC CONTRACTS, PROPERTY MANAGEMENT

PART 10-12-LABOR

Subpart 10-12.8—Equal Opportunity in

Employment

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.

Sec. 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 provisions 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 provisions of this subpart to Treasury contracts.

Subpart 10-12.8—Equal Opportunity

in Employment

(35 FR 19180, Dec. 18, 1970)

8 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 “financial agent” does not include any organization, other than a financial institution, which is an issuing agent only, or a Federal Reserve Bank.

8 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.

$ 10-12.805 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.

8 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 10-12.806 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 Compliance 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.

§ 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.

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8 10-12.811 Violation of equal opportunity

clause. If any complaint, investigation or compliance review indicates a violation of the equal opportunity clause, reasonable efforts will be made to resolve this matter by informal means, by negotiation, conciliation, or compliance conference or informal hearings.

Sec. 10-60.202 Appeal file. 10-60.203 Treasury representation before

General Services Administration Board

of Contract Appeals. 10-60.204 Effective date.

AUTHORITY: 63 Stat. 390, 40 U.S.C. 486(c); 5 U.S.C. 301.

SOURCE: 32 FR 8676, June 16, 1967, unless otherwise noted.

8 10-12.812 Hearings.

Formal and informal hearings will be conducted in accordance with provisions of $ 60-1.26 of this title.

8 10-12.813 Sanctions and penalties.

The sanctions described in $ 60-1.27 of this title include ineligibility for qualification and the termination of the qualification of a financial agent, accompanied by the withdrawal of any public funds maintained therein.

$ 10-12.814 Affirmative action compliance

programs. Each financial agent having 50 or more employees is required to develop and maintain a written affirmative action compliance program, as provided in § 60-1.40 of this title, for each of its establishments which has administi authority over the hiring, promotion, and separation of its personnel. Each affirmative action program will outline specific responsibilities of branch banks in implementation of the central plan.

8 10-60.100 Treasury contract appeals to

be heard by General Services Adminis

tration Board of Contract Appeals. The General Services Administration Board of Contract Appeals (herein called the Board), with the prior approval of the Administrator of General Services, hereby is designated the authorized representative of the Secretary of the Treasury in hearing, considering, and determining as fully and finally as might the Secretary, all appeals by contractors from final deci. sions by contracting officers on disputed questions taken pursuant to the provisions of contracts (other than contracts of the Office of the Comptroller of the Currency) requiring the determination of such appeals by the Secretary or his duly authorized representative.

8 10-12.815 Solicitations and advertise

ments. Each financial agent shall include in all solicitations or advertisements for employees a statement that all quali. fied applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The alternative types of action which will satisfy this requirement are set forth in § 60-1.41 of this title.

8 10-60.200 Rules regarding contract dis

pute appeals. The rules and regulations pertaining to the appeal of General Services Administration contract disputes prescribed in or pursuant to Part 5-60 of this title and this part shall govern the appeal of all contract disputes with the Department of the Treasury, or with any bureau, office (other than the Office of the Comptroller of the Currency), division or other agency or subdivision of the Department of the Treasury, except for the rules entitled "Notice of appeal" (Rule 1, § 5-60.201 of this title), “Request, preparation and submission" (pertaining to the appeal file) (Rule 4A(1), § 5-60.204-1 of this title), and “Payment of claims” (Rule 22, § 5-60.224 of this title). Wherever the rules of the GSA Board in Subpart 5-60.2 of this title refer to the General Services Administration (or GSA) or the Administrator or the General Counsel, GSA, there shall be substituted the terms Treasury De

PART 10-60-PROCEDURES FOR SET

TLING CONTRACT DISPUTE APPEALS

Sec. 10-60.100 Treasury contract appeals to be

heard by General Services Administra

tion Board of Contract Appeals. 10-60.200 Rules regarding contract dispute

appeals. 10-60.201 Notice of appeal. 10-60.201-1 Filing. 10-60.201-2 Forwarding of appeals.

partment, the Secretary or the General Counsel, Treasury Department, respectively.

$ 10-60.201 Notice of appeal.

8 10-60.201-1 Filing.

A notice of appeal must be in writing, and shall be filed with the office of the contracting officer from whose decision the appeal is taken. The notice of appeal must be mailed or otherwise filed with the contracting officer within the time specified therefor in the contract, or as allowed in applicable provisions of directives or law.

8 10-60.202 Appeal file.

Following receipt of a notice of appeal, the contracting officer shall promptly, and in any event within 30 days, compile and transmit to the General Counsel, Treasury Department, two (2) copies of the appeal file as prescribed in Rule 4A(2), § 5-60.2042 of this title. The General Counsel will submit the appeal file to the Board as promptly as possible after receipt by him of the Board's request therefor, and in any event so as to reach the Board within 45 days after such receipt.

$ 10-60.201-2 Forwarding of appeals.

When a notice of appeal in any form has been received by the contracting officer, he shall endorse thereon the date of mailing and the date of receipt (or the date of receipt only, if otherwise conveyed) and within 20 days shall forward said notice of appeal, together with the envelope in which same was enclosed, to the Board, with a copy to the General Counsel, Treasury Department, Washington, D.C. 20220. Following receipt by the Board of the original notice of appeal (whether through the contracting officer or otherwise), the contractor, the contracting officer, and General Counsel, Treasury Department, will be advised promptly thereof, and the contractor will be furnished a copy of the Board's rules.

8 10-60.203 Treasury representation

before General Services Administration

Board of Contract Appeals. The General Counsel of the Treasury Department will assure representation of the interests of the Government in proceedings before the General Services Administration Board of Contract Appeals. All officers and employees of the Treasury Department will appear and give testimony as required and will cooperate with the General Services Administration Board of Contract Appeals and Government counsel in the processing of appeals so as to assure their speedy and just determination.

8 10-60.204 Effective date.

The regulations in this part shall become effective on the date of publication in the FEDERAL REGISTER. The regulations in this part shall apply to all cases now pending or in which appeal from the contracting officer's decision is taken on or after the effective date.

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