AU-311 Suppl. (2) That no portion of the work required by this prive contract will (3) To use his best efforts to comply with clean air standards and clean (4) To insert the substance of the provisions of this clause into any nonexempt subcontract, including this paragraph (a)(4). (b) The terms used in this clause have the following meanings: (1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91-604). (2) The term "Water Act" means Federal Water Pollution Control Act, as (3) The term "clean air standards" means any enforccable rules, regula- (4) The term "clean water standards" means any enforceable limitation, (5) The term "compliance" means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency or an air or water pollution control agency in accordance with the requirements of the Air Act or Water Act and regulations issued pursuant thereto. (6) The term "facility" means any building, plant, installation, structure, mine, vessel or other floating craft, location, or site of operations, owned, leased, or supervised by a contractor or subcontractor; to be utilized in the performance of a contract or subcontract. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environment Protection Agency, determines that independent facilities are collocated in one geographical area. (a) The contractor will not discriminate against any employce cr applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for empïƒ ment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (c) In the event of the contractor's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act. (d) The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. (e) The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. (f) The contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to section 503 of the Act, so that such provisions will be binding upon each subcontra.tor or vendor. The co:.tractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. (F.R. 16150 4/16/76| Clause 29 LISTING OF EMPLOYMENT OPENINGS (This clause is applicable pursuant to 41 CFR 50-250 if this contract is for $10,000 or more) (a) The contractor agrees, in order to provide special emphasis to the employment of qualified disabled veterans and veterans of the Vietnain era, that all suitable employment openings of the contractor which exist at the time of the execution of this contract and those which occur during the perform ance of this contract, including those not generated by this contract and including those occurring at an establishment other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be offered for listing at an appropriate local ofce of the State employment service systein wherein the opening occurs and to provide such reports to such local oflice regarding employment openings and hires as may be required: Provided. That if this contract is for less than $10,000 or if it is with a State or local government the reports set forth in paragraphs (c) and (d) are not required. (b) Listing of einployment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment service or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. This listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Ally statutes, Executive orders, or regulations regarding nondiscrimination in employment, (c) The reports required by paragraph (n) of this clause shall include, but not be limited to, periodic reports which shall be Aled at least quarterly with the appropriate local office or, where the contractor has more than one establishment in a State, with the central omce of the State employment service. Such reports shall indicate for each establishment (1) the number of individuals who were hired during the reporting period, (1) the number of those hired who were disabled veterans, and (1) the number of those hired who were nondisabled veterans of the Vietnain era. The contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made under this contract. The contractor shall maintain copies of the reports submitted until the expiration of 1 year after Anal payment under the contract, during which time they shall be made avaliable, upon request, for examination by any authorized representatives of the contracting officer or of the Secretary of Labor. (d) Whenever the contractor becomes contractually bound by the listing provisions of this clause, he shall advise the employnient service system in each State wherein he has establishments of the name and location of anch such establishment in the State. As long as the contractor is contractually bound to these provisions and has so advised the State employment system, there is no need to advise the State system of subsequent contracts. The contractor may advise the State system when it is no longer bound by this contract clause. (e) This clause does no apply to the listing of employment openin, which occur and are filed outside of the 50 States. the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (f) This clause does not apply to open. ings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to con. sider applicants outside of his own organization or employer-union arrangement for that opening. (g) As used in this clause: (1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and nonproduction; plant and office; laborers and mechanics; supervisory and nonsupervisory; technical; and execu• tive, administrative, and professional openings which are compensated on a salary basis of less than $18,000 per year. The term includes full-time employment, temporary employment of more than 3 days' duration, and part-time employment. It does not include openings which the contractor proposes to fill from within his own organization or to All pursuant to a customary and traditional employer-union hiring arrangement. (2) "Appropriate ofice of the State employment service system" means the local office of the Federal-State national system of public employment ofces with assigned. responsibility for serving the area of the establishment where the employment opening is to be filled, including the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (3) "Openings which the contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given to persons outside the contractor's own organization (including any amifates, subsidiaries, and parent companies), and includes any open. ings which the contractor proposes to All from regularly established "recall" or "rehire" lists. (4) "Openings which the contractor proposes ・・・ to fill pursuant to a customary and traditional employer-uulon hiring ar rangement" tuenus employment openings for which no cous! dération will be given to persous butside of a special hiring arrangement, including openings which the contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the contractor and representatives of his employees. (5) "Disabled veteran" means a person entitled to disability compensation under Inws administered by the Veterans Administration for a disability rated at 30 percentum or more, or a person whose discharge or relense from active duty was for a disability incurred or aggravated in line of duty. (0) "Veteran of the Vietnni era" means a person (A) who (1) served on active duty with the Armed Forces for a period of more than 180 days, any part of which occurred after August 5, 1964, and was discharged or released therefrom with other than a dishonorable discharge, or (1) was discharged or released from active duty for service-connected disability if any part of such duty was performed after August 5, 1964, and (B) who was so discharged or released within the 48 months preceding his application for employment covered by this clause. (h) If any disabled veteran or veteran of the Vietnam era believes that the contractor (or any Arst-tier subcontractor) has failed or refuses to comply with the provisions of this contract clause relating to giving special emphasis in employment to veterans, : such veteran may Ale a complaint with the veterans' employment representative at a local State employment service office who will attempt to informally resolve the complaint and then refer the complaint with a report on the attempt to resolve the matter to the State office of the Veterans' Employ ment Service of the Department of Labor. Such complaint shall then be promptly referred through the Regional Manpower Administrator to the Secretary of Labor who shall investigate much complaint and shall take such action thereon as the facts and circumstances warrant consistent with the terms of this contract and the laws and regulations applicable thereto. (1) The contractor agrees to place this clause (excluding this paragraph (1)) in any subcontract directly under this contract. Clause 30 DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA A0-377 Suppl. (a) The contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veterans status in all employment practices such as the following: employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The contractor agrees that all suitable employment openings of the contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occuring at an establishment of the contractor other than the one wherein the contract I's being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required. State and local government agencies holding Federal contracts of $10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service, but are not required to provide those reports set forth in paragraphs. (d) and (e). (c) Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. The listing of employment openings does not require the hiring of any particular job applicant or from any partiœar group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulations regarding nondiscrimination in employment. (d) The reports required by paragraph (b) of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly with the appropriate local office or, where the contractor has more than one hiring location in a State, with the central office of that State employment service, Such reports shall indicate for each hiring location (1) the number of individuals hired during the reporting period, (2) the number of nondisabled veterans of the Vietnam era hired, (3) the number of disabled veterans of the Vietnam era hired, and (4) the total number of disabled |