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nity program which is approved by the Agency and the Office of Federal Contract Compliance for the purpose of effectuating the goals of Executive Order 11246, may be deemed to be in compliance with the Order by virtue of such participation and shall be exempt from the requirement of developing and maintaining a written affirmative action program, unless required to do so under the areawide equal employment opportunity program.
8 8.11 Reports and other required infor
mation. (a) Requirements for prime contractors and subcontractors. (1) Each prime contractor with the Agency shall file, and each such prime contractor shall cause its subcontractors to file, annually, on or before the 31st day of March, complete and accurate reports on Standard Form 100 (EEO1) 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 if such prime contractor or subcontractor (i) is not exempt from the provisions of the "rules, regulations, and relevant orders of the Secretary of Labor" in accordance with 41 CFR 60-1.5; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a nonexempt contract, subcontract or purchase order "amounting to $50,000 or more" according to 41 CFR 60-1.7, or serves as a depository of Government funds, or is a financial institution which is an issuing and paying agency for U.S. sav. ings bonds and savings notes: Provided, That any subcontractor below the first-tier which performs construction work at the site of construction shall be required to file such a report if it meets requirements of paragraphs (a)(1) (i), (ii), and (iv) of this section.
(2) Each person required by paragraph (a)(1) of this section to submit reports shall file such a report with the Agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Sub
sequent reports shall be submitted annually in accordance with paragraph (a)(1) of this section, or at such other intervals as the CCO or the Director may require. The Agency, with the approval of the Director may extend the time for filing any report.
(3) The Director, the CCO, or the applicant, on his own motion, may require a prime contractor or subcontractor to keep employment or other records and to furnish, in the form requested, within reasonable limits, such information as the Director, CCO, or the applicant deems necessary for the administration of the order.
(4) Failure to file timely, complete and accurate reports as required constitutes noncompliance with the prime contractor's or subcontractor's obligations under the equal opportunity clause and is ground for the imposition by the Agency, the Director, an applicant, prime contractor or subcontractor, of any sanctions as authorized by the Order and the rules, regulations and relevant orders of the Secretary of Labor. Any such failure shall be reported in writing to the Director by the CCO as soon as practicable after it occurs.
(b) Requirements for bidders or prospective contractors (1) Previous reports. Each bidder or prospective prime contractor and proposed subcontractor, where appropriate, shall state in the bid or in writing at the outse of negotiations for the contract:
(i) Whether it has developed and has on file at each establishment affirmative action prograras pursuant to 41 CFR Part 60-2;
(ii) Whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and
(iii) If so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements.
(2) Additional information. A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the CCO, the DCCO, or the Director requests prior to the award of the contract or subcontract. When a determi
nation has been made to award the of regular compliance reviews of those contract or subcontract to a specific contractors and subcontractors for contractor, such contractor shall be re- which he is assigned responsibility. quired, prior to award, or after the
(c) Special compliance reviews. A award, or both, to furnish such other
special compliance review of bidders, information as the Agency, the appli- applicants, offerors, contractors, or cant, or the Director requests.
subcontractors will be conducted at (c) Use of reports. Reports filed pur- the request of the CCO or the Direcsuant to this section shall be used only tor to determine compliance or ability in connection with the administration
to comply with the order, the rules, of the Order and the Civil Rights Act regulations and relevant orders of the of 1964, or in furtherance of the pur- Secretary of Labor, these rules and poses of the Order and said Act.
regulations and directives issued pur
suant to each of the above. 8 8.12 Compliance reviews.
(d) Reports-(1) Regular compliance (a) General. The purpose of a com
review reports. A report of each compliance review is to determine if the
pliance review shall be forwarded to prime contractor or subcontractor
the CCO within 30 days after the regmaintains nondiscriminatory hiring
ular review is conducted unless otherand employment practices and is
wise provided. taking affirmative action to ensure
(2) Special compliance review rethat applicants are employed and that
ports. A special compliance review employees are placed, trained, upgrad
report shall be provided to the CCO or ed, promoted, and otherwise treated during employment without regard to
the Director, OFCC, as directed. race, color, religion, sex, or national
(3) Preaward compliance review origin. It shall consist of a comprehen
report. A written report, including sive analysis and evaluation of each
findings, of every preaward compliaspect of the aforementioned prac
ance review required by the rules, regtices, policies, and conditions resulting
ulations, and relevant orders of the therefrom. Where necessary, recom
Secretary of Labor, or otherwise remendations for appropriate sanctions
quired by the Director, will be forshall be made. Where deficiencies are
warded to the Director by the CCO found to exist, reasonable efforts shall
within 10 days after the award for a be made to secure compliance through
post-award review. conciliation and persuasion. Before
(4) Additional reports. A written the contractor can be found to be in
report of every other compliance compliance with the Order and these review or any other matter processed regulations, it must make a specific
by the Agency involving an apparent commitment, in writing, to correct any
violation of the equal opportunity such deficiencies. The commitment
clause shall be submitted to the Direcmust include the precise action to be
tor. Such report shall contain a brief taken and dates for completion. The
summary of the findings, including a time period allotted shall be no longer
statement of conclusions regarding the than the minimum period necessary to
contractor's compliance or noncomplieffect such changes. Upon approval of
ance with the requirements of the the commitment by the CCO, the
order, and a statement of the disposiADCCO, the appropriate DCCO, or
tion of the case, including any correcthe Administrator, the contractor may
tive action taken or recommended and be considered in compliance, on condi.
any sanctions or penalties imposed or tion that the commitments are faith
recommended. fully kept. The contractor shall be notified that making such commitments
8 8.13 Complaint procedure. does not preclude future determina- (a) Who may file complaints. Any intions of noncompliance based on a terested party, including but not limitfinding that the commitments are not ed to any employee with such contracsufficient to achieve compliance.
tor may, by himself or by an author(b) Regular compliance reviews. ized representative, file in writing a Each DCCO shall institute a program complaint of alleged discrimination in
violation of the equal opportunity clause. Such complaint is to be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the CCO or the Director upon good cause shown.
(b) Where to file. Complaints may be filed with the Director or at any EPA Regional Office. Any EPA employee receiving a complaint shall forward the complaint directly to the CCO or his designee. The CCO shall transmit a copy of the complaint to the Director within 10 days after the receipt thereof.
(c) Contents of complaint. (1) The complaint should include the name, address, and telephone number of the complainant; the name and address of the prime contractor or subcontractor committing the alleged discrimination; a description of the acts considered to be discriminatory; and any other pertinent information which will assist in the investigation and resolution of the complaint. The complaint shall be signed by the complainant or his authorized representative.
(2) Where a complaint contains incomplete information, the CCO shall seek promptly the needed information from the complainant. In the event such information is not furnished to the CCO within 60 days of the date of such request, the case may be closed.
(d) Investigations. For each complaint filed against a prime contractor or subcontractor for which EPA is the Compliance Agency, the CCO shall institute a prompt investigation and shall be responsible for developing a complete case record. A complete case record consists of the name and address of each person interviewed and a summary of his statement, copies or summaries of pertinent documents, and a narrative summary of the evidence disclosed in the investigation as it relates to each violation revealed. When a complaint is filed against a prime contractor or subcontractor for which the Agency is not the compliance agency, the CCO shall transmit the complaint to the Director for disposition.
(e) Resolution of complaints. (1) If the complaint investigation by the CCO shows no violation of the equal
opportunity clause, he shall so inform the Director. The Director may request further investigation by the CCO.
(2) If any complaint investigation or compliance review indicated 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. Each prime contractor and subcontractor shall be advised that the resolution is subject to review by the Director, and may be disapproved if he determines that such resolution is not sufficient to achieve compliance.
(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 CCO with the approval of the Director shall afford the contractor an opportunity for a hearing. If the final decision reached in accordance with the provisions of 41 CFR 60-1.26 is that a violation of the equal opportunity clause has taken place, the CCO with the approval of the Director, may cause the cancellation, termination, or suspension of any contract or subcontract, cause a contractor to be debarred from further contracts or subcontracts, or may impose such other sanctions as are authorized by the order.
(4) When a prime contractor or subcontractor, without a hearing, shall have complied with the recommendations or orders of the CCO or the Di. rector and believes such recommendations or orders to be erroneous, he shall, upon filing a request therefor within 10 days of such compliance, be afforded an opportunity for a hearing and review of the alleged erroneous action by the CCO or the Director.
(5) For reasonable cause shown, the CCO may reconsider or cause to be reconsidered any matter on his own motion or pursuant to a request.
(f) Report to the Director. Within 60 days from receipt of a complaint involving a matter for which the Agency is the Compliance Agency or within such additional time as may be allowed by the Director for good cause shown, the CCO shall process the complaint and submit to the Director
the case record and a summary report 8 8.16 Segregated facilities certificate. containing the following information:
Prior to the award of any nonex(1) Name and address of the complainant.
empt Government contract or subcon(2) Brief summary of findings, in
tract or federally assisted construction cluding a statement as the CCO's con
contract or subcontract, the Agency or clusions regarding the contractor's
the Applicant shall require the procompliance or noncompliance with the
spective prime contractor, and each requirements of the equal opportunity prime contractor and subcontractor clause.
shall require each subcontractor to (3) A statement of the disposition of
submit a certification, in the form apthe case, including any corrective
proved by the Director, that the proaction taken and any sanctions or pen
spective prime contractor or subconalties imposed or, whenever appropri
tractor does not and will not maintain ate, the recommended corrective
any facilities he provides for his emaction and sanctions or penalties. ployees in a segregated manner, or
permit his employees to perform their 8 8.14 Hearings and sanctions.
services at any location under his con(a) The Administrator with the ap
trol where segregated facilities are proval of the Director may convene
maintained; and that he will obtain a formal or informal hearings as he may
similar certification in the form apdeem appropriate for inquiring into proved by the Director, prior to the the status of compliance by any prime award of any nonexempt subcontract. contractor or subcontractor with the terms of the equal opportunity clause.
88.17 Solicitations or advertisements for (b) The Administrator may propose
employees. or apply sanctions in the event of non- In solicitations or advertisements for compliance by a contractor or subcon
employees placed by or on behalf of a tractor with the requirements of the
prime contractor or subcontractor, the equal opportunity clause, subject to
requirements of paragraph (2) of the the limitations of the rules, regula
equal opportunity clause shall be satistions and relevant orders of the Secre
fied whenever the prime contractor or tary of Labor, particularly 41 CFR 60
subcontractor complies with any of 1.27, and of the rules and regulations
the following: of the Agency. (c) The conduct of hearings and the
(a) States expressly in the solicita
tions or advertising that all qualified proposal and application of sanctions shall be in accordance with the re
applicants will receive consideration quirements of the order and of the
for employment without regard to rules and regulations of the Agency.
race, color, religion, sex or national
origin; 8 8.15 Intimidation and interference.
(b) Uses display or other advertising. The sanctions and penalties con
and the advertising includes an approtained in Subpart D of the order may
priate insignia prescribed by the Dibe exercised by the CCO or the Direc
rector. The use of the insignia is contor against any prime contractor, sub
sidered subject to the provisions of 18 contractor or applicant who fails to
U.S.C. 701; take all necessary steps to insure that (c) Uses a single advertisement, and no person intimidates, threatens, co- the advertisement is grouped with erces, or discriminates against any in
other advertisements under a caption dividual for the purpose of interfering which clearly states that all employers with the filing of a complaint, furnish- in the group assure all qualified appliing information, or assisting or partici- cants equal consideration for employ. pating in any manner in an investiga
ment without regard to race, color, retion, compliance review, hearing, or ligion, sex, or national origin; any other activity related to the ad- (d) Uses a single advertisement in ministration of the order or any other which appears in clearly distinguishFederal, State, or local laws requiring able type the phrase "an equal opporequal employment opportunity.
8 8.18 Access to records of employment. impose sanctions a respondent Each prime contractor and subcon
under section 209(a) (1), (5), and (6) of tractor shall permit access during
the Executive Order, for violations of normal business hours to his books,
the Executive Order and rules, regularecords, and accounts pertinent to
tions, and orders thereunder. compliance with the order, and all
8 8.33 Definitions. rules and regulations promulgated pursuant thereto, by the Agency or Except as otherwise indicated by the the Director for purposes of investiga- context in which it appears in these tion to ascertain compliance with the regulations, the term: equal opportunity clause of the con- (a) “Agency” means the Environtract or subcontract. Information ob- mental Protection Agency. tained in this manner shall be used (b) "Administrator" means the Adonly in connection with the adminis- ministrator of the Environmental Protration of the Civil Rights Act of 1964, tection Agency. and in furtherance of the purposes of (c) “Director" means the Director of the order and that Act.
the Office of Civil Rights and Urban
Affairs. 8 8.19 Notices to be posted.
(d) “Executive Order" means ExecuContractors and subcontractors re- tive Order 11246, 30 FR 12319, quired to do so by paragraphs (1) and amended. (3) of the equal opportunity clause (e) “Hearing" means a hearing conshall post notices to be provided by ducted as specified in this subpart to the CCO. Such notices shall be in com- enable the Agency to decide whether pliance with the requirements of 41 to impose sanctions on a respondent CFR 60-1.42.
for violations of the Executive Order
and rules, regulations, and orders 8 8.20 Program directives and instruc
(f) "Hearing examiner" means Appropriate program officials may hearing examiner appointed by the issue such directives, procedures, and Assistant Administrator for Enforceinstructions as they consider necessary ment and General Counsel. to achieve equal employment opportu- (g) "Notice” means a notice of hearnity in programs administered by ing. them, provides such issuances are not (h) “Office of Civil Rights" means inconsistent with the provisions of the the Office of Civil Rights and Urban order, the rules, regulations, and rele- Affairs in the Agency. vant orders of the Secretary of Labor (i) "Office of Federal Contract Comor the Director, or with these regula- pliance" means the Office of Federal tions. A copy of such directives, proce- Contract Compliance, U.S. Departdures, and instructions shall be sub- ment of Labor. mitted to the CCO for approval prior (j) “Office of the Assistant Administo issuance.
trator for Enforcement and General
Counsel," means the Office of the AsSubpart B-Compliance Hearing and sistant Administrator for Enforcement Appeal Procedures
and General Counsel in the Agency.
(k) “Party" means a respondent; the GENERAL
Director; and any person or organiza
tion participating in a proceeding pur8 8.31 Authority.
suant to section 8. These rules of procedure supple- (1) “Person"
any natural ment, and are established pursuant to, person, corporation, partnership, uninthe provisions of 41 CFR 60-1.26(b). corporated association, State or local
government, and any agency, instru8 8.32 Scope of rules.
mentality or subdivision of such a govThese rules govern the practice and ernment. procedure for proceedings conducted (m) "Respondent” means a person by the Agency to decide whether to against whom sanctions are proposed