Page images
PDF
EPUB

individual to whom the record pertains, if the disclosure would be:

(1) To those Committee members and employees of the agency which maintains the record who have a need for the record in the performance of their duties;

(2) Required under section 552 of Title 5 U.S.C.;

(3) For a routine use as described in paragraph (b) of this section;

(4) To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of Title 13 U.S.C.;

(5) To a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable;

(6) To the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Administrator of General Services or his designee to determine whether the record has such value;

(7) To another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought;

(8) To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;

(9) To either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee;

(10) To the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the General Accounting Office; or

(11) Pursuant to the order of a court of competent jurisdiction.

(d) No Committee member or employee shall maintain a record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity.

(e) No Committee member or employee shall sell or rent an individual's name and address unless such action is specifically authorized by law.

(f) A Committee member or employee, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by paragraph a of this section or by any other rules or regulations established under the Privacy Act of 1974, and who (1) knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, or (2) willfully maintains a system of records without meeting the notice requirements of the Privacy Act of 1974, or (3) knowingly and willfully requests or obtains any record concerning an individual from any agency under false pretenses, is subject to criminal penalties and administrative sanctions. Any Committee member or employee who (i) makes a determination not to amend an individual's record in accordance with the Privacy Act of 1974, or (ii) refuses to comply with an individual's request to gain access to review, and obtain a copy of any information pertaining to him, or (iii) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities or of benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual, or (iv) fails to comply with any provision of the Privacy Act of 1974 or any Committee regulation implementing it, subjects the Committee to civil penalties and himself to administrative sanctions.

CHAPTER 60-OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, EQUAL EMPLOYMENT

OPPORTUNITY, DEPARTMENT OF LABOR

NOTE: The President, by becutive Order 11246 (30 FR. 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, 80 FR. 13441, Oot. 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.

[ocr errors]

Page 211 228 237 245 258 271 281 291 301 311 313 322 325

Part
60–1 Obligations of contractors and subcontractors
60-2 Affirmative action programs
60–3 Employee testing and other selection procedures
60–5 Washington Plan
60-6 San Francisco Plan
60-7 St. Louis Plan
60-8 Atlanta Plan
60–10 Camden Plan
60–11 Chicago Plan
60-20 Sex discrimination guidelines
60–30 Hearing rules for sanction proceedings
60–40 Examination and copying of OFCC documents
60–50 Guidelines on discrimination because of religion or national origin

Contractor evaluation procedures for contractors for supplies and

services 60-250 Affirmative action obligations of contractors and subcontractors for

disabled veterans and veterans of the Vietnam era 60_741 Affirmative action obligations of contractors and subcontractors

for handicapped workers

[ocr errors]

326

[ocr errors]

340

354

PART 60-1-OBLIGATIONS OF CON-
TRACTORS AND SUBCONTRACTORS
Subpart A- Preliminary Mattors, Equal Oppor-

tunity Clause; Compliance Reports
Sec.
60-1.1 Purpose and application.
60-1.2 Administrativo responsibility.

Sec. 60-1.3 60-1.4 60-13 60-1.0 60-1.7

Dennitions.
Equal opportunity clauo.
Exemptions.
Duties of agendos.
Reports and other required infot

mation.
Segregated facilities.

60-1.8

140 FR 69730, Dec. 30, 1975.

Sec. 60_1.9 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. 60-1.31 Reinstatement of ineligible prime

contractors and subcontractors. 60–1.32 Intimidation and interference.

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 and site of em

ployment. 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, III, and IV of Executive Order 11246 for the promotion and insuring of equal opportunity for all persons, without regard to race, color, religion, sex, or national origin, employed or seeking employment with Government contractors or with contractors performing under federally assisted construction contracts. The regulations in this part apply to all contracting agencies of the Government and to contractors and subcontractors who perform under Government contracts, to the extent set forth in this part. The regulations in this part also apply to all agencies of the Government administering programs involving Federal financial assistance which may include a construc

tion contract, and to all contractors and subcontractors performing under construction contracts which are related to any such programs. The procedures set forth in the regulations in this part govern all disputes relative to a contractor's compliance with his obligations under the equal opportunity clause regardless of whether or not his contract contains a “Disputes" clause. Failure of a contractor or applicant to comply with any provision of the regulations in this part shall be grounds for the imposition of any or all of the sanctions authorized by the order. The regulations in this part do not apply to any action taken to effect compliance with respect to employment practices subject to Title VI of the Civil Rights Act of 1964. The rights and remedies of the Government hereunder are not exclusive and do not affect rights and remedles provided elsewhere by law, regulation, or contract; neither do the regulations limit the exercise by the Secretary or Government agencies of powers not herein specifically set forth, but granted to them by the order. (83 F.R. 7804, May 28, 1968, as amended at 34 FR. 744, Jan, 17, 1969] § 60-1.2 Administrative responsibility,

Under the general direction of the Secretary, the Director has been delegated authority and assigned responsibility for carrying out the responsibilities assigned to the Secretary under the order, except the power to issue rules and regulations of a general nature. All correspondence regarding the order should be directed to the Director, Office of Federal Contract Compliance, U.S. Department of Labor, 14th and Constitution Avenue NW., Washington, D.C. 20210. $ 60-1.3 Definitions.

(a) The term "administering agency" means any department, agency and establishment in the Executive Branch of the Government, including any wholly owned Government corporation, which administers a program involving federally assisted construction contracts.

(b) The term "agency" means any contracting or any administering agency of the Government.

(c) The term “applicant" means an applicant for Federal assistance involying a construction contract, or other participant in a program involving a construction contract as determined by regulation of an administering agency. The term also includes such persons after

they become recipients of such Federal Compliance, U.S. Department of Labor assistance.

or any person to whom he delegates (d) The term "Compliance Agency" authority under the regulations in this means the agency designated by the Di- part. rector on a geographical industry or (j) The term "equal opportunity other basis to conduct compliance reviews clause" means the contract provisions and to undertake such other responsi- set forth in $ 60-1.4 (a) or (b), as apbilities in connection with the adminis- propriate. tration of the order as the Director may (k) The term "federally assisted condetermine to be appropriate. In the struction contract” means any agreeabsence of such a designation, the Com- ment or modification thereof between pliance Agency will be determined as any applicant and a person for construcfollows:

tion work which is paid for in whole ur (1) In the case of a prime contractor in part with funds obtained from the not involved in construction work, the Government or borrowed on the credit Compliance Agency will be the agency of the Government pursuant to any whose contracts with the prime con- Federal program involving a grant, contractor have the largest aggregate dollar tract, loan, insurance, or guarantee, or value;

undertaken pursuant to any Federal pro(2) In the case of a subcontractor not gram involving such grant, contract, Involved in construction work, the Com- loan, insurance, or guarantee, or any pliance Agency will be the Compliance application or modification thereof apAgency of the prime contractor with proved by the Government for a grant, which the subcontractor has the largest contract, loan, insurance, or guarantee aggregate value of subcontracts or pur

under which the applicant itself parchase orders for the performance of ticipates in the construction work. work under contracts;

(1) The term “Government" means (3) In the case of a prime contractor the Government of the United States of or subcontractor involved in construc- America. tion work, the Compliance Agency for (m) The term "Government contract" each construction project will be the means any agreement or modification agency providing the largest dollar value thereof between any contracting agency for the construction project; and

and any person for the furnishing of (4) In the case of a contractor who is supplies or services or for the use of real both a prime contractor and sub- or personal property, including lease contractor, the Compliance Agency will arrangements. The term "services”, as be determined as if such contractor is a used in this section includes, but is not prime contractor only.

limited to the following services: Utility, (e) The term “construction work" construction, transportation, research, means the construction, rehabilitation, insurance, and fund depositary. The term alteration, conversion, extension, demoli

"Government contract" does not include tion or repair of buildings, highways, or (1) agreements in which the parties other changes or improvements to real stand in the relationship of employer and property, including facilities providing employee, and (2) federally assisted conutility services. The term also includes struction contracts. the supervision, inspection, and other (n) The term "hearing officer" means onsite functions incidental to the actual the individual or board of individuals construction.

designated to conduct hearings. (f) The term “contract" means any

(0) The term "modification" means Government contract or any federally any alteration in the terms and condiassisted construction contract.

tions of a contract, including supple(g) The term “contracting agency"

mental agreements, amendments, and means any department, agency, estab- extensions. lishment, or instrumentality in the Ex- (p) The term “Order" means Parts II, ecutive Branch of the Government, in- III, and IV of the Executive Order 11246 cluding any wholly owned Government dated September 24, 1965 (30 F.R. corporation, which enters into contracts. 12319), any Executive order amending

(h) The term “contractor” means, such order, and any other Executive unless otherwise indicated, a prime con- order superseding such order. tractor or subcontractor.

(q) The term "person” means any (1) The term "Director" means the natural person, corporation, partnership, Director, Office of Federal Contract unincorporated association, State or lo

« PreviousContinue »