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such a report with the contracting or ic contractor, such contractor shall be administering agency within 30 days required, prior to award, or after the after the award to him of a contract or award, or both, to furnish such other subcontract, unless such person has information as the applicant or the Disubmitted such a report within 12 rector requests. months preceding the date of the (c) Use of reports. Reports filed puraward. Subsequent reports shall be suant to this section shall be used only submitted annually in accordance with in connection with the administration $ 60-1.7(a)(1), or at such other inter- of the order, the Civil Rights Act of vals as the Director may require. The 1964, or in furtherance of the purposes Director may extend the time for of the order and said Act. filing any report.
(3) The Director or the applicant, on $ 60-1.8 Segregated facilities. their own motions, may require a con (a) General. In order to comply with tractor to keep employment or other his obligations under the equal opporrecords and to furnish, in the form re- tunity clause, a prime contractor or quested, within reasonable limits, such subcontractor must insure that faciliinformation as the Director or the ap ties provided for employees are proplicant deems necessary for the ad- vided in such a manner that segregaministration of the order.
tion on the basis of race, color, reli(4) Failure to file timely, complete gion, or national origin cannot result. and accurate reports as required con He may neither require such segrestitutes noncompliance with the prime gated use by written or oral policies contractor's or subcontractor's obliga nor tolerate such use by employee tions under the equal opportunity custom. His obligation extends further clause and is ground for the imposi to insuring that his employees are not tion by the Director, an applicant, assigned to perform their services at prime contractor or subcontractor, of any location, under his control, where any sanctions as authorized by the the facilities are segregated. This obliorder and the regulations in this part. gation extends to all contracts con
(b) Requirements for bidders or pros- taining the equal opportunity clause pective contractors (1) Certification regardless of the amount of the conof compliance with Part 60-2: Affirma tract. The term “facilities” as used in tive Action Programs. Each agency this section means waiting rooms, shall require each bidder or prospec work areas, restaurants and other tive prime contractor and proposed eating areas, time clocks, restrooms, subcontractor, where appropriate, to wash rooms, locker rooms, and other state in the bid or in writing at the storage or dressing areas, parking lots, outset of negotiations for the contract: drinking fountains, recreation or en(i) Whether it has developed and has tertainment areas, transportation, and on file at each establishment affirma- housing facilities provided for employtive action programs pursuant to Part
ees. 60-2 of this chapter; (ii) whether it (b) Certification by prime contrachas participated in any previous con tors and subcontractors. Prior to the tract or subcontract subject to the award or any nonexempt Government equal opportunity clause; (iii) whether contract of subcontract or federally asit has filed with the Joint Reporting sisted construction contract or subconCommittee, the Director or the Equal tract, each agency or applicant shall Employment Opportunity Commission require the prospective prime contracall reports due under the applicable tor and each prime contractor and filing requirements.
subcontractor shall require each sub(2) Additional information. A bidder contractor to submit a certification, in or prospective prime contractor or pro the form approved by the Director, posed subcontractor shall be required that the prospective prime contractor to submit such information as the Di. or subcontractor does not and will not rector requests prior to the award of maintain any facilities he provides for the contract or subcontract. When a his employees in a segregated manner, determination has been made to award or permit his employees to perform the contract or subcontract to a specif- their services at any location, under
his control, where segregated facilities $ 60-1.10 Foreign government practices. are maintained; and that he will
Contractors shall not discriminate obtain a similar certification in the
on the basis of race, color, religion, form approved by the Director, prior to the award of any nonexempt sub
sex, or national origin when hiring or
making employee assignments for contract.
work to be performed in the United (43 FR 49240, Oct. 20, 1978; 43 FR 51400, States or abroad. Contractors are Nov. 3, 1978)
exempted from this obligation only
when hiring persons outside the $ 60-1.9 Compliance by labor unions and United States for work to be per
by recruiting and training agencies. formed outside the United States (see (a) Whenever compliance with the
41 CFR 60-1.5(a)(3)). Therefore, a conequal opportunity clause may necessi
tractor hiring workers in the United tate a revision of a collective bargain
States for either Federal or nonfedering agreement the labor union or
ally connected work shall be in violaunions which are parties to such an
tion of Executive Order 11246, as agreement shall be given an adequate
amended, by refusing to employ or
assign any person because of race, opportunity to present their views to the director.
color, religion, sex, or national origin
regardless of the policies of the coun(b) The Director shall use his best
try where the work is to be performed efforts, directly and through agencies,
or for whom the work will be percontractors, subcontractors, appli
formed. Should any contractor be cants, State and local officials, public
unable to acquire a visa of entry for and private agencies, and all other
any employee or potential employee to available instrumentalities, to cause
a country in which or with which it is any labor union, recruiting and train
doing business, and which refusal it ing agency or other representative of
believes is due to the race, color, reliworkers who are or may be engaged in
gion, sex, or national origin of the emwork under contracts and subcontracts
ployee or potential employee, the conto cooperate with, and to comply in
tractor must immediately notify the the implementation of, the purposes
Department of State and the Director of the order.
of such refusal. (c) In order to effectuate the purposes of paragraph (a) of this section, the Director may hold hearings, public
Subpart B-General Enforcement; or private, with respect to the prac
Compliance Review and Complaint tices and policies of any such labor
Procedure union or recruiting and training agency.
$ 60-1.20 Compliance reviews. (d) The Director may notify any (a) The purpose of a compliance Federal, State, or local agency of his review is to determine if the prime conclusions and recommendations contractor or subcontractor maintains with respect to any such labor organi- nondiscriminatory hiring and employ. zation or recruiting and training ment practices and is taking affirmaagency which in his judgment has tive action to insure that applicants failed to cooperate with himself, agen- are employed and that employees are cies, prime contractors, subcontrac- placed, trained, upgraded, promoted, tors, or applicants in carrying out the and otherwise treated during employpurposes of the order. The Director ment without regard to race, color, realso may notify the Equal Employ. ligion, sex, or national origin. It shall ment Opportunity Commission, the consist of a comprehensive analysis Department of Justice, or other appro- and evaluation of each aspect of the priate Federal agencies whenever he aforementioned practices, policies, and has reason to believe that the prac conditions resulting therefrom. Where tices of any such labor organization or necessary, recommendations for apagency violates title VII of the Civil propriate sanctions shall be made. Rights Act of 1964 or other provisions (b) Where deficiencies are found to of Federal law.
exist, reasonable efforts shall be made to secure compliance through concilia- time for filing is extended by the Dition and persuasion. Before the con rector for good cause shown. tractor can be found to be in compli
[43 FR 49240, Oct. 20, 1978; 43 FR 51400, ance with the order, it must make a
Nov. 3, 1978) specific commitment, in writing, to correct any such deficiencies. The $ 60-1.22 Where to file. commitment must include the precise Complaints may be filed with the action to be taken and dates for com- OFCCP. 200 Constitution Avenue, pletion. The time period allotted shall NW., Washington, D.C. 20210, or with be no longer than the minimum period
any OFCCP regional or area office. necessary to effect such changes. Upon approval of the commitment, the $ 60-1.23 Contents of complaint. contractor may be considered in com- (a) The complaint shall include the pliance, on condition that the commit
name, address, and telephone number ments are faithfully kept. The con
of the complainant, the name and adtractor shall be notified that making
dress of the contractor or subcontracsuch commitments does not preclude tor committing the alleged discriminafuture determinations of noncompli
tion, a description of the acts considance based on a finding that the com ered to be discriminatory, and any mitments are not sufficient to achieve other pertinent information which will compliance.
assist in the investigation and resolu(C) (Reserved)
tion of the complaint. The complaint (d) Each agency shall include in the shall be signed by the complainant or invitation for bids for each formally his/her authorized representative. advertised nonconstruction contract or Complaints alleging class-type violastate at the outset of negotiations for tions which do not identify the alleged each negotiated contract, that if the discriminatee or discriminatees will be award, when let, should exceed the accepted, provided the other requireamount of $1 million or more, the ments of this paragraph are met. prospective contractor and his known (b) If a complaint contains incomfirst-tier subcontractors with subcon- plete information, OFCCP shall seek tracts of $1 million or more will be the needed information from the comsubject to a compliance review before plainant. In the event such informathe award of the contract. No such tion is not furnished to the Director contract shall be awarded unless a within 60 days of the date of such repreaward compliance review of the quest, the case may be closed. prospective contractor and his known first-tier $1 million subcontractors has
$ 60-1.24 Processing of matters. been conducted within 12 months (a) Complaints. OFCCP may refer prior to the award. The awarding appropriate complaints to the Equal agency will notify OFCCP and request Employment Opportunity Commission appropriate action and findings in ac- (EEOC) for processing under Title VII cordance with this subsection. OFCCP of the Civil Rights Act of 1964, as will provide awarding agencies with amended, rather than processing written reports of compliance within under E.O. 11246 and the regulations 30 days following the request. In order in this chapter. Upon referring comto qualify for the award of a contract. plaints to the EEOC, OFCCP shall a contractor and such first-tier sub
promptly notify complainant(s) and contractors must be found to be in the contractor of such referral. compliance pursuant to paragraph (b)
(b) Complaint investigations. In of this section, and with part 60-2 of conducting complaint investigations, these regulations.
OFCCP shall, as a minimum, conduct
a thorough evaluation of the allega(43 FR 49240, Oct. 20, 1978; 43 FR 51400, tions of the complaint and shall be reNov. 3, 1978)
sponsible for developing a complete
case record. The case record should $ 60-1.21 Filing complaints.
contain the name, address, and teleComplaints shall be filed within 180 phone number of each person interdays of the alleged violation unless the viewed, the interview statements,
(2) A written report of every preaward compliance review required by this regulation or otherwise required by the Director, shall be devel
(3) A written report of every other compliance review or any other matter processed involving an apparent violation of the equal opportunity clause shall be made. Such report shall contain a brief summary of the findings, including a statement of conclusions regarding the contractor's compliance or noncompliance with the requirements of the order, and a statement of the disposition of the case, including any corrective action taken or recommended and any sanctions or penalties imposed or recommended.
copies, transcripts, or summaries (where appropriate) of pertinent documents, a reference to at least one covered contract, and a narrative report of the investigation with references to exhibits and other evidence which relate to the alleged violations.
(2) If any complaint investigation or compliance review indicates a violation of the equal opportunity clause, the matter should be resolved by informal means whenever possible. Such informal means may include the holding of a compliance conference.
(3) Where any complaint investigation or compliance review indicates a violation of the equal opportunity clause and the matter has not been resolved by informal means, the Director shall proceed in accordance with $ 60-1.26.
(4) When a prime contractor or subcontractor, without a hearing, shall have complied with the recommendations or orders of the Director and believes such recommendations or orders to be erroneous, he shall, upon filing a request therefor within ten days of such compliance, be afforded an opportunity for a hearing and review of the alleged erroneous action.
(5) For reasonable cause shown, the Director may reconsider or cause to be reconsidered any matter on his/her own motion or pursuant to a request.
(d) Reports to the Director. (1) With the exception of complaints which have been referred to EEOC, within 60 days from receipt of a complaint or within such additional time as may be allowed by the Director for good cause shown, the complaint shall be processed and the case record developed containing the following information:
(i) Name and address of the com plainant;
(ii) Brief summary of findings, including a statement regarding the contractor's compliance or noncompliance with the requirements of the equal opportunity clause;
(iii) A statement of the disposition of the case, including any corrective action taken and any sanctions or penalties imposed or, whenever appropriate, the recommended corrective action and sanctions or penalties.
8 60-1.25 Assumption of jurisdiction by or
referrals to the Director. The Director may inquire into the status of any matter pending before an agency. Where he considers it necessary or appropriate to the achievement of the purposes of the order, he may assume jurisdiction over the matter and proceed as provided herein. Whenever the Director assumes jurisdiction over any matter, or an agency refers any matter he may conduct, or have conducted, such investigations, hold such hearings, make such findings, issue such recommendations and directives, order such sanctions and penalties, and take such other action as may be necessary or appropriate to achieve the purposes of the order. The Director shall promptly notify the agency of any corrective action to be taken or any sanctions to be taken or any sanction to be imposed by the agency. The agency shall take such action, and report the results thereof to the Director within the time specified.
§ 60-1.26 Enforcement proceedings.
(a) General. (1) Violations of the Order, equal opportunity clause, the regulations in this chapter, or of applicable construction industry equal employment opportunity requirements, may result in the institution of administrative or judicial enforcement proceedings to enforce the Order and to seek appropriate relief. Violations may be found based upon, inter alia, any of
the following: (i) The results of a com- the Department of Justice to enforce plaint investigation; (ii) analysis of an the contractual provisions of the affirmative action program; (iii) the Order, to seek injunctive relief (includresults of an on-site review of the con- ing relief against noncontractors, intractor's compliance with the Order cluding labor unions, who seek to and its implementing regulations; (iv) thwart implementation of the Order a contractor's refusal to submit an af. and regulations) and to seek such adfirmative action program; (v) a con ditional relief, including back pay, as tractor's refusal to allow an on-site may be appropriate. There are no procompliance review to be conducted; cedural prerequisites to a referral to (vi) a contractor's refusal to supply the Department of Justice by the Direcords or other information as re rector, and such referrals may be acquired by these regulations or applica- complished without proceeding ble construction industry require through the conciliation procedures in ments; or (vii) any substantial or mate this chapter, and a referral may be rial violation or the threat of a sub made at any stage in the procedures stantial or material violation of the under this chapter: Provided, That no contractual provisions of the Order, or order for debarment from further conof the rules or regulations issued pur- tracts or subcontracts pursuant to secsuant thereto.
tion 209(a)(6) of the Order shall be (2) If the investigation of a com made without affording the contractor plaint, or a compliance review, results an opportunity for a hearing, either in a determination that the Order, administrative or judicial. equal opportunity clause or regula (b) (Reserved] tions issued pursuant thereto, have (c) Administrative enforcement probeen violated, and the violations have ceedings. Administrative enforcement not been corrected in accordance with proceedings shall be conducted under the conciliation procedures in this the control and supervision of the Sochapter, OFCCP may institute an ad licitor of Labor and under the Rules of ministrative enforcement proceeding Practice for Administrative Proceedto enjoin the violations, to seek appro ings to Enforce Equal Opportunity priate relief (which may include af Under Executive Order 11246 confected class and back pay relief), and tained in Part 60-30 of this chapter. to impose appropriate sanctions, or (d) Decision following administraany of the above. However, if the con tive proceeding. If it is determined tractor refuses to submit an affirma after a hearing (or after the contractive action program, or refuses to tor waives a hearing) that the contracsupply records or other requested in tor is violating the Order or the reguformation, or refuses to allow the lations issued thereunder, the SecreOFCCP access to its premises for an tary (in accordance with 41 CFR 60on-site review; and if conciliation ef- 30.30(a)) shall issue an Administrative forts under this chapter are unsuccess Order enjoining the violations and reful, OFCCP, notwithstanding the re quiring the contractor to provide quirements of this chapter, may go di whatever remedies are appropriate, rectly to administrative enforcement and imposing whatever sanctions are proceedings to enjoin the violations, to appropriate, or any of the above. In seek appropriate relief, and to impose any event, failure to comply with the appropriate sanctions, or any of the Administrative Order shall result in above. Whenever the Director has the imposition of the sanctions conreason to believe that there is substan tained in section 209 (a)(5) or (a)(6) of tial or material violation or the threat the Executive Order. of substantial or material violation of (e) Referrals to the Department of the contractual provisions of the Justice. (1) Whenever a matter has Order or of the rules, regulations or been referred to the Department of orders issued pursuant thereto, he/she Justice for consideration of judicial may refer the matter to the Solicitor proceedings pursuant to $ 60-1.26(a)(2) of Labor to institute administrative of these regulations, the Attorney enforcement proceedings as set forth General may bring a civil action in the in this section or refer the matter to appropriate district court of the