LABOR 1977 Edition (b) When one or more of the first-tier subcontractors come under the compliance cognizance of another CEO office or compliance agency the CEO office of the installation awarding the contract shall request clearance from the cognizant CEO or compliance agency and shall incorporate the results in the report to the Headquarters CEO office, which the Headquarters will consider in making the final determination of eligibility for award. In addition, such results will be included in the final report to the contracting officer. (c) The CEO office shall notify the contracting officer within 5 working days of receipt of the request for clearance if the review cannot be completed by the time requested. When the prospective contractor is found to be in noncompliance, the CEO office shall, as soon as possible, notify the contracting officer that the company is not eligible to receive an award of a contract. (d) When awards are made without preaward clearance in accordance with 12.808-2(d)(2), a review shall be performed by the CEO office as soon as possible thereafter, but in no case later than 30 days after the date of award of the contract. 12.809 Filing Complaints. (a) Complaints alleging discrimination in violation of the Equal Opportunity clause may be submitted in writing by any employee of any contractor or applicant for employment with such contractor, or by the employee's or applicant's authorized representative. (b) Complaints should be filed with any installation CEO office, with the Director, Headquarters CEO Division, (Code UC), Washington, D.C. 20546, or with the Director, OFCC, 12th and Constitution Avenue N.W., Washington, D.C. 20210. When the complaint is received at the CEO office of an installation it will be forwarded immediately to the Headquarters CEO Division, which will forward all complaints it receives to the OFCC within 10 days of receipt. The Director, OFCC may refer complaints to NASA for processing, or where he considers it necessary or appropriate to the achievement of the purposes of the Executive order he may assume julisdiction over the matter. (c) Complaints shall be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the Director, OFCC, or by the NASA Contract Compliance Officer. (d) Complaints shall be signed by the complainant or his authorized representative and shall contain: (i) name, address, and telephone number of the complainant; (ii) name and address of the contractor or subcontractor committing the alleged discriminatory acts; (iii) a description of the acts considered to be discriminatory; and (iv) such other pertinent information as will assist in the investigation and resolution of the complaint. (e) Where a complaint contains incomplete information, the CEO office which receives the complaint promptly shall request the needed information from the complainant. In the event such information is not furnished to the CEO office of the receiving installation within 15 days of the date of such request, the complaint shall be documented to this effect and forwarded to the Headquarters CEO Division. At the same time, the complainant shall be notified that his complaint has been directed to NASA Headquarters (Code UC) and that the necessary information should be 12.809 CFR TITLE 41 CHAPTER 18 EQUAL EMPLOYMENT OPPORTUNITY forwarded to that office. In the event such information is not furnished to NASA within 60 days of the original request, the case may be closed. (f) Complaints filed with the procurement office or another office of an installation shall be forwarded immediately to the installation CEO office which will process the complaint in accordance with (b) above. 12.810 Processing Complaints. (a) Investigation. Upon receipt of a complaint from OFCC for investigation, the Director, Headquarters CEO Division shall assign the complaint for investigation to the CEO office of the appropriate installation. The CEO office concerned shall be responsible for conducting the necessary complaint investigation, establishing a complete case record, developing findings, making recommendations, and submitting the information to the Director, Headquarters CEO Division for his determination regarding the disposition of the case. (b) Reports. The Contract Compliance Agency shall be responsible for advising the complainant and the contractor involved of the disposition of the case. Reports of all complaint investigations and copies of closeout letters to complainants shall be forwarded to the Director, OFCC, within 60 days from the date the case was received from the OFCC. The Contract Compliance Agency shall advise OFCC of any cases requiring more than 60 days for processing. 12.811 Resolution of Complaints and Violations. (a) If a complaint investigation made in accordance with the provisions of 12.810 shows no violation of the Equal Opportunity clause, the Director, Headquarters CEO Division shall so inform the Director, OFCC. The Director, OFCC, may review the findings and request further investigation by NASA or undertake such investigation as he deems appropriate. (b) If any complaint investigation or compliance review indicates a violation of the clause, the matter shall be resolved by informal means whenever possible. (c) 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, OFCC, or the NASA Contract Compliance Officer, with the approval of the Director, OFCC, shall afford the contractor an opportunity for a hearing. If the final decision is that a violation of the clause has taken place, the Director, OFCC, or the NASA Contract Compliance Officer, with the approval of the Director, OFCC, 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. 12.812 Reports and Other Required Information. (a) Title 41, Section 60-1.2 of the CFR prescribes the annual filing of required forms by prime and subcontractors. (b) If the bidder or prospective prime contractor has not stated in his bid or offer that he has complied with this requirement, he should state, prior to award of the contract, whether he has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether he has filed with the Joint Reporting Committee, the Director, OFCC, an agency, or the former President's Committee on Equal Employment Opportunity all reports due under the applicable filing requirements. NASA PROCUREMENT REGULATION 12.812 1977 Edition LABOR (c) In any case in which the bidder, prospective prime contractor or proposed subcontractor who participated in a previous contract or subcontract subject to Executive Orders 10925, 11f14, or 11246 has not filed a report due under the applicable filing requirements, the contract or subcontract shall not be awarded unless such contractor or subcontractor submits a report covering the delinquent period or such other period. specified by the Director, OFCC, or the NASA Contract Compliance Officer and notifies the contracting officer of such submission. (d) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information, including copies of affirmative action programs, as the NASA Contract Compliance Officer or the Director, OFCC, requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to the award or after the award, or both, to furnish such information, including copies of affirmative action programs, as the NASA Contract Compliance Officer or the Director, OFCC, requests. (e) 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 the basis for the imposition by the NASA Contract Compliance Officer, or by the Director, OFCC, of any sanctions authorized by these regulations or for cancellation on termination of the subcontract by an applicant, prime contractor or subcontractor. Any such failure shall be reported in writing to the Director, OFCC, by the NASA Contract Compliance Officer as soon as practicable after it occurs. (f) Reports filed and information furnished pursuant to this Subpart 8 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purpose of the Order and Act and, to the extent consistent with this purpose, shall be held in confidence as privileged information in accordance with 32 CFR 286.6(b)(4) when requested by the offeror, contractor, or subcontractor. 12.813 Enforcement Procedures. 12.813-1 Informal Enforcement Procedures. When a complaint investigation or compliance review indicates the existence of an apparent violation of the Equal Opportunity clause in 12.804 or apparent noncompliance with the contractor's affirmative action program established in accordance with 12.807, the matter should be resolved to the greatest extent possible by informal means, including conference, conciliation, mediation, and persuasion. Such informal means may include informal hearings when the Director, OFCC, or the NASA Contract Compliance Officer (CCO) with the approval of the Director, OFCC, decides that such informal hearings would be helpful in determining the status of the contractor's or subcontractor's compliance with the terms of the Equal Opportunity clause or his affirmative action program. The informal hearings shall be conducted by a hearing officer appointed by the Director, OFCC, or the CCO. The contractor or subcontractor involved shall be advised in writing of the time and place of the hearing, and other relevant information. Parties to informal hearings may be represented by counsel and shall have a fair opportunity to present any relevant material. Formal rules of evidence shall not apply to such proceedings. 12.813-2 Formal Enforcement Procedures. 12.813 CFR TITLE 41 CHAPTER 18 EQUAL EMPLOYMENT OPPORTUNITY Procurement, NASA Headquarters, shall also be notified in a timely manner prior to the imposition of a sanction or penalty. 12.851 Delegation Between NASA Installations. When a prime or subcontract is to be performed at a NASA installation other than the installation which awarded the prime contract, the EEO compliance function shall be delegated to the NASA installation at which the work is to be performed. This will permit the contract relations specialist to provide early and relevant monitoring of the contract. NASA PROCUREMENT REGULATION 12.851 Subpart 9-Nondiscrimination Because of Age 12.901 Policy Regarding Nondiscrimination Because of Age. It is the policy of the Executive Branch of the Government (i) that contractors and subcontractors engaged in the performance of Federal contracts shall not, in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupational qualification, retirement plan, or statutory requirement; and (ii) that contractors and subcontractors, or persons acting on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for such employment, unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement. This policy is stated in Executive Order No. 11141 dated February 12, 1964. Any complaint regarding a concern's compliance with the foregoing policy should be brought to the attention of the concern by a communication (in writing, if appropriate) which states the policy, indicates that the concern's compliance with the policy has been questioned, and requests that the concern take any appropriate steps which may be necessary to comply with the policy. NASA PROCUREMENT REGULATION 12.901 |