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curement from Federal Prison Industries, operate in accordance with the requireInc. These purchases shall be made in ments of the statute and the regulations ST the manner prescribed in the regulations

in this part. in this part.

(3) Maintenance of records of all par§ 51-1.3 Responsibilities of the Com

ticipating workshops and such necessary MI mittee on Purchases of Blind-Made

data as will enable NIB to allocate orders Products.

equitably.

(4) Submission to the Committee of a It is the responsibility of the Com

comprehensive annual report for each mittee on Purchases of Blind-Made Prod- fiscal year concerning all of its operaucts (hereinafter referred to as "the

tions, including financial statements, decom Committee") to determine which com

significant accomplishments and develmodities are suitable for sale under the

opments, a compilation of the annual program, the fair market price thereof

reports received from the workshops, and Sul (including revisions as appropriate from such other details as NIB considers aptime to time), and the applicable pur- propriate or the Committee may request. {Thi chase procedures, and to make rules and

(5) Entering into contracts with the For regulations regarding specifications, de- Federal Government for the furnishing the livery, authorization of a central non- to Federal ordering offices of commod- eter profit-making agency to facilitate distri

ities made by workshops, which combution of orders among workshops, and

modities shall be purchased by NIB from such other relevant matters as shall be such workshops. necessary to carry out the purposes of the Act of June 25, 1938.

§ 51–1.6 Qualification and responsibili

ties of workshops. $ 51-1.4 Schedules of Blind-Made Prod

(a) In order to qualify for participaucts.

tion in the program as a workshop, an (a) The Committee will issue to order- organization shall submit an application ing offices through the Federal Supply to NIB indicating compliance with Service, General Services Administra- § 51-1.1(b). It shall submit with this tion, a Schedule of Blind-Made Products, application information regarding work listing commodities which must be pro- force (designating those that are blind), H17 cured from NIB or workshops. The plant facilities and equipment, adminSchedule will include the item descrip- istrative management, and financial tion, specification identification, price, support available to and in use by the and other pertinent information.

agency. There should be included a list iter red (b) The Committee will issue to order- of the commodities proposed to be furing offices, through National Industries nished for sale to the Government tofor the Blind, schedules of blind-made gether with a certification as provided to products for Department of Defense Re- in paragraph (d) of this section. If a sale Outlets. These schedules will list corporate body, it shall include copies of the commodities which must be procured its articles of incorporation and bylaws; from NIB or workshops, and will include if an instrumentality of a State, it shall item description, price, and other perti- submit copies of State laws and related nent information,

documents showing its authority and

permitted activities. § 51-1.5 Responsibilities of National In

(b) Within 60 days after receipt of an dustries for the Blind.

application for participation in the & with (a) National Industries for the Blind

Wagner-O'Day Act Program, NIB shall is designated as the agency to facilitate

inspect the facilities of the organization the equitable distribution of Government and make recommendation to the Come to co orders among the workshops and is dele

mittee regarding the requested particigated the responsibility to assist the

pation. If the Committee approves, NIB Committee to assure that these regula

will include the organization among tions and the intent of the Wagner

workshops qualified to receive allocation O'Day Act are carried out.

or orders. If NIB considers it desirable, (b) NIB shall undertake the following such organization may be permitted to functions and responsibilities:

participate in receiving

Government (1) Issuance of allocations and clear

orders pending approval by the Commitances as provided in $ $ 51-1.8 and 51–1.9. tee. Such participation may not exceed

(2) Inspection, on a continuing basis, a period of 6 months without Committee of the workshops to determine that they approval.

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(c) Workshops shall:

(1) Furnish commodities in strict accordance with the allocation and Government order.

(2) Maintain records of wages paid, hours of employment, and sales, as well as a file of certificates of vision of blind workers, copies of which shall be furnished to NIB.

(3) Make available pertinent books and records of the agency for inspection at any reasonable time to representatives of the Committee or NIB.

(4) Submit to NIB by September 1 an annual report for the preceding fiscal year. This report shall include data on blind workers, wages and wage supplements, hours of employment, sales, whether the workshop requires a sheltered workshop certificate from the U.S. Department of Labor and special minimum rates authorized where such certificate is held, and such other relevant information as may be required by the Committee or NIB.

(d) A workshop shall not be qualified to furnish a commodity for sale to the Government until NIB has ascertained that the workshop has adequate manufacturing capability. $ 51-1.7 Price determination.

(a) In determining the fair market price of a commodity the Committee will consider recommendations from ordering offices and from workshops. Recommendations from workshops shall be submitted to the Committee through NIB, which shall indicate its concurrence or alternate recommendation in all instances of price determination or change. Price recommendations may be subsequently submitted by the Committee to à Government agency

for analysis. Where the analyzing agency does not concur with the recommendations, the Committee Chairman will appoint a subcommittee of three members of the Committee to consider the matter and recommend a fair market price to the Commit

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§ 51-1.8 Purchase procedure.

(a) Where a commodity is identified in the Schedule of Blind-Made Products as being available from Defense Supply Agency supply centers or from General Services Administration supply depots, it shall be obtained in accordance with the requisitioning procedures of the supplying agency.

(b) Where an item is not identified in the Schedule of Blind-Made Products as available from Government supply centers or depots, the ordering office shall submit its requirements to NIB, stating the commodity description, stock number, quantity, and place and time of delivery, and request that an allocation be made. NIB shall make allocations promptly and equitably, furnish copies to the ordering office and to the workshop receiving the allocation, and direct the ordering office whether to forward the order to NIB or the workshops. An allocation is a preliminary document and is not a Government order for the commodities described.

(c) Upon receipt of an allocation, the ordering office shall promptly furnish a suitable order to NIB or the workshop, as directed by NIB. Where this cannot be done promptly the ordering office shall so advise NIB and the workshop. A Government order should allow lead time sufficient for purchase of raw materials, production and delivery. Where it does not, NIB or the workshop, depending on which agency received the order, may request an extension of the delivery date which should be granted if feasible. Where it is not feasible, the ordering office shall notify NIB or the workshop, as appropriate, and request NIB to reallocate or to issue a purchase exception for purchase from a commercial source. (See § 51–1.9.) A copy of each order issued to a workshop shall be sent to NIB.

(d) Blind-made commodities may be ordered without requesting an allocation for each order provided prior arrangements have been made with NIB for sending orders for specified items to designated workshops. Copies of such orders shall be submitted to NIB by the ordering office.

(e) Requests for allocation shall be submitted to National Industries for the Blind, 50 West 44th Street, New York, N.Y. 10036.

(f) If an ordering office desires packing, packaging, or marking of products other than as provided in the Schedule

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(b) Unless otherwise provided by the Committee in the notice of price change, prices in effect on the date of allocation by NIB will apply to the purchase involved. However, in no event may a change in price become effective before 15 days after the change is made by the

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of Blind-Made Products, the difference in cost thereof, if any, shall be to the account of the ordering office. $ 51-1.9 Purchase exceptions.

An ordering office may purchase from a commercial source commodities listed in the Schedule of Blind-Made Products in any of the following circumstances:

(a) Military necessity requires delivery within 2 weeks and NIB cannot give assurance of positive availability.

(b) When the normal source of supply is DoD or GSA and the regulations of that agency permit commercial purchase.

(c) Commodities which are procured for use outside the continental United States.

(d) When NIB has notified the ordering office that commodities listed in the request for allocation cannot be furnished within the period specified. In such cases purchase action must be taken within 15 days of receipt of notice from NIB or as may be further extended by NIB. 8 51-1.10 Deliveries.

(a) Except as provided in § 51-1.10 (b). blind-made commodities will be delivered aboard the vehicle of the initial carrier at point of production (f.o.b. shipping point) for transportation to destination on Government bills of lading. Delivery is accomplished when a shipment is placed aboard the vehicle of the initial carrier. Time of delivery is the date shipment is released to and accepted by the transportation company. Bills of lading may accompany orders or

be otherwise furnished, but they must be supplied promptly. Failure by an ordering office to furnish bills of lading promptly may result in an excusable cause for delay in delivery.

(b) Blind-made commodities sold to Department of Defense Resale Outlets will be delivered to destination. Those destined for overseas, including Alaska and Hawaii, shall be delivered to designated depots at ports of embarkation. § 51-1.1l Adjustment and cancellation

of orders. Where NIB or a workshop fails to comply with the terms of a Government order, the ordering office shall make every effort to negotiate an adjustment before taking action to cancel the order. Where a Government order is canceled for failure to comply with its terms, NIB shall be notified, and if practicable, requested to reallocate the order. § 51-1.12 Violations.

Any alleged violation of these regulations shall be investigated by NIB, which shall notify the workshop concerned and afford it an opportunity to submit a statement of facts and evidence. NIB shall report its findings to the Committee, together with its recommendations, including recommendation as to whether allocations to the workshop concerned should be suspended for a period of time. In reviewing the case, the Committee may request the submission of additional evidence or may hold a hearing on the matter. Pending a decision by the Committee, NIB may temporarily suspend allocations to the workshop concerned.

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CHAPTER 60%OFFICE OF FEDERAL CONTRACT

COMPLIANCE, EQUAL EMPLOYMENT
OPPORTUNITY, DEPARTMENT OF LABOR

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Note: The President, by Executive Order 11246 (30 F.R. 12319), abolished the President's Committee on Equal Employment Opportunity and delegated the functions of the abolished Committee to the Secretary of Labor. By order of the Secretary of Labor, 30 F.R. 13441, Oct. 22, 1965, all rules, regulations, orders, instructions, and other directives, issued by the abolished Committee, not inconsistent with E.O. 11246 remain in effect for the present as those of the Secretary of Labor. All references in this chapter to “Committee”, “Chairman”, “Vice-Chairman”, and “Executive Vice-Chairman” shall mean the Director of the Office of Federal Contract Compliance of the United States Department of Labor, and all references to "a panel of the Committee” shall mean an appropriate panel of three appointed by the Director.

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Sec. 60-1.31 Reinstatement of ineligible con

tractors or subcontractors. 60-1.32 Intimidation and interference.

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60-1.4 60-1.5 60-1.6 60-1.7

60-1.8 60-1.9

PART 60–1-OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS Subpart A—Preliminary Matters; Equal Oppor

tunity Clause; Compliance Reports Sec. 60-1.1

Purpose and application.
60-1.2 Administrative responsibility.
60-1.3

Definitions.
Equal opportunity clause.
Exemptions.
Duties of agencies.
Reports and other required infor-

mation.
Segregated facilities.
Compliance by labor unions and by

recruiting and training agencies. Subpart B-General Enforcement; Compliance

Review and Complaint Procedure 60–1.20 Compliance reviews. 60–1.21 Who may file complaints. 60–1.22 Where to file. 60–1.23 Contents of complaint. 60–1.24 Processing of matters by agencies. 60–1.25 Assumption of jurisdiction by or

referrals to the Director. 60–1.26 Hearings. 60–1.27 Sanctions and penalties. 60–1.28 Show cause notices. 60–1.29 Preaward notices. 60–1:30 Contract ineligibility list.

Subpart C—Ancillary Matters 60–1.40 Affirmative action compliance pro

grams. 60–1.41 Solicitations or advertisements for

employees. 60–1.42 Notices to be posted. 60–1.43 Access to records of employment. 60–1.44 Rulings and interpretations. 60–1.45 Existing contracts and subcontracts. 60–1.46 Delegation of authority by the

Director. 60-1.47 Effective date.

AUTHORITY: The provisions of this part 60-1 issued pursuant to sec. 201, E.O. 11246 (30 F.R. 12319).

SOURCE: The provisions of this part 60–1 appear at 33 F.R. 7804, May 28, 1968, unless otherwise noted. Subpart A- Preliminary Matters;

Equal Opportunity Clause; Com

pliance Reports $ 60-1.1 Purpose and application.

The purpose of the regulations in this part is to achieve the aims of Parts II,

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III, and IV of Executive Order 11246 for tablishment in the Executive Branch of
the promotion and insuring of equal op- the Government, including any wholly
portunity for all persons, without regard owned Government corporation, which
to race, creed, color, or national origin, administers a program involving fed-
employed or seeking employment with erally assisted construction contracts.
Government contractors or with contrac- (b) The term “agency” means any
tors performing under federally assisted contracting or any administering agency
construction contracts. The regulations of the Government.
in this part apply to all contracting (c) The term “applicant” means an
agencies of the Government and to con- applicant for Federal assistance involv-
tractors and subcontractors who perform ing a construction contract, or other par-
under Government contracts, to the ex- ticipant in a program involving a con-
tent set forth in this part. The regulations struction contract as determined by regu-
in this part also apply to all agencies of lation of an administering agency. The
the Government administering programs term also includes such persons after
involving Federal financial assistance they become recipients of such Federal
which may include a construction con- assistance.
tract, and to all contractors and sub- (d) The term “Compliance Agency”
contractors performing under construc- means the agency designated by the Di-
tion contracts which are related to any rector on a geographical industry or
such programs. The procedures set forth other basis to conduct compliance reviews
in the regulations in this part govern all and to undertake such other responsi-
disputes relative to a contractor's com- bilities in connection with the adminis-
pliance with his obligations under the tration of the order as the Director may
equal opportunity clause regardless of determine to be appropriate. In the
whether or not his contract contains a absence of such a designation, the Com-
“Disputes" clause. Failure of a contractor pliance Agency will be determined as
or applicant to comply with any pro- follows:
vision of the regulations in this part shall (1) In the case of a prime contractor
be grounds for the imposition of any not involved in construction work, the
or all of the sanctions authorized by the

Compliance Agency will be the agency order. The regulations in this part do whose contracts with the prime connot apply to any action taken to effect

tractor have the largest aggregate dollar compliance with respect to employment

value; practices subject to Title VI of the Civil (2) In the case of a subcontractor not Rights Act of 1964. The rights and involved in construction work, the Comremedies of the Government hereunder pliance Agency will be the Compliance are not exclusive and do not affect

Agency of the prime contractor with rights and remedies provided elsewhere which the subcontractor has the largest by law, regulation, or contract; neither

aggregate value of subcontracts or purdo the regulations limit the exercise by chase orders for the performance of the Secretary or Government agencies work under contracts; of powers not herein specifically set (3) In the case of a prime contractor forth, but granted to them by the order. or subcontractor involved in construc

tion work, the Compliance Agency for $ 60-1.2 Administrative responsibility.

each construction project will be the Under the general direction of the

agency providing the largest dollar value Secretary, the Director has been dele

for the construction project; and gated authority and assigned responsi

(4) In the case of a contractor who is bility for carrying out the responsibilities

both a prime contractor and subassigned to the Secretary under the or

contractor, the Compliance Agency will der, except the power to issue rules and

be determined as if such contractor is a regulations of a general nature. All cor

prime contractor only. respondence regarding the order should

(e) The term “construction work" be directed to the Director, Office of Fed

means the construction, rehabilitation, eral Contract Compliance, U.S. Depart

alteration, conversion, extension, demoliment of Labor, 14th and Constitution

tion or repair of buildings, highways, or Avenue NW., Washington, D.C. 20210.

other changes or improvements to real 860-1.3 Definitions.

property, including facilities providing (a) The term “administering agency" utility services. The term also includes means any department, agency and es- the supervision, inspection, and other

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