Page images
PDF
EPUB

resentatives, and the Office of Man history and that contains his name, or agement and Budget, without receipt the identifying number, symbol, or by the Executive Director of an objec. other identifying particular assigned tion to the proposal, then a notice to the individual, such as a finger or shall be published in the FEDERAL REG- voice print or a photograph. The term ISTER of the proposed establishment or system of records” means a group of alteration of a system of records. The any records under the control of the notice shall include all of the informa Committee from which information is tion required to be provided by the retrieved by the name of the individuPrivacy Act of 1974, and such other in al or by some identifying number formation as deemed necessary.

symbol, or other identifying particular

assigned to the individual. The term $ 51-8.503 Effective date of new systems

"routine use" means, with respect to of records or alteration of an existing

the disclosure of a record, the use of system of records.

such record for a purpose which is Systems of records proposed to be compatible with the purpose for which established or altered in accordance it was collected. The term "individual” with the provision of the subpart shall means a citizen of the United States or be effective no sooner than 30 days an alien lawfully admitted for permafrom the publication of notice re- nent residence. The term "agency” is quired by $ 51-8.502.

defined in 5 U.S.C. 552(e).

(c) An employee may disclose any Subpart 51-8.6—Exemptions record which is contained in a system [Reserved]

of records, without a written request

by and without the prior written conSubpart 51-8.7-Rules of Conduct for

sent of the individual to whom the Disclosure of Information About an

record pertains, if the disclosure would

be: Individual

(1) To those Committee members $ 51-8.701 Committee rules of conduct.

and employees of the agency which

maintains the record who have a need (a) Every Committee member and

for the record in the performance of employee who is involved in the

their duties; design, development, operation, or maintenance of a system of records, or

(2) Required under section 552 of who has access to a system of records,

Title 5 U.S.C.; shall familiarize himself with the re

(3) For a routine use as described in quirements of the Privacy Act of 1974

paragraph (b) of this section; (5 U.S.C. 552a) and the Committee (4) To the Bureau of the Census for regulations and orders issued thereun purposes of planning or carrying out a der and apply these requirements to census or survey or related activity all systems of records.

pursuant to the provisions of Title 13 (b) No Committee member or em U.S.C.; ployee shall disclose any record which (5) To a recipient who has provided is contained in a system of records by the agency with advance adequate any means of communication to any written assurance that the record will person, or to another agency, except be used solely as a statistical research pursuant to a written request by, or or reporting record, and the record is with the prior written consent of the to be transferred in a form that is not individual to whom the record per individually identifiable; tains, unless the disclosure would be to (6) To the National Archives of the a recipient specified in paragraph (c) United States as a record which has of this section. The term “record” sufficient historical or other value to means any item, collection, or group warrant its continued preservation by ing of information about an individual the United States Government, or for that is maintained by an agency, in evaluation by the Administrator of cluding but not limited to, his educa. General Services or his designee to de. tion, financial transactions, medical termine whether the record has such history, and criminal or employment value;

(7) To another agency or to an instrumentality of any governmental ju risdiction 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 indi. vidual 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

(1) 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 employ. ee, 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

Page 294 310 321

347

354

Part
60-1 Obligations of contractors and subcontractors........
60-2 Affirmative action programs
60-3 Guidelines on employee selection procedures... ......
60-4 Construction contractors-affirmative action re-

quirements...........
60-20
Sex discrimination guidelines ..........

...... 60-30 Rules of practice for administrative proceedings

to enforce equal opportunity under Executive

Order 11246 ......... 60-40 Examination and copying of OFCC documents....... 60-50 Guidelines on discrimination because of religion or national origin ........

....... 60-60 Contractor evaluation procedures for contractors

for supplies and services ......... 60-250 Affirmative action obligations of contractors and

subcontractors for disabled veterans and veter

ans of the Vietnam era.......... 60-741 Affirmative action obligations of contractors and

subcontractors for handicapped workers...........

......

356 366

368

370

374

388

40-113 0–79—–20

PART 60-1-OBLIGATIONS OF CON

TRACTORS AND SUBCONTRAC-
TORS

Subpart A-Preliminary Matters;

Equal Opportunity Clause; Compliance Reports

Subpart A Preliminary Matters; Equal Opportunity Clause; Compliance Reports

Sec. 60-1.1 Purpose and application. 60-1.2 Administrative responsibility. 60-1.3 Definitions. 60-1.4 Equal opportunity clause. 60-1.5 Exemptions. 60-1.6 (Reserved] 60-1.7 Reports and other required informa

tion. 60-1.8 Segregated facilities. 60-1.9 Compliance by labor unions and by

recruiting and training agencies. 60-1.10 Foreign government practices.

Subpart B-General Enforcement; Compliance

Review and Complaint Procedure

60-1.20 Compliance reviews. 60-1.21 Filing complaints. 60-1.22 Where to file. 60-1.23 Contents of complaint. 60-1.24 Processing of matters. 60-1.25 Assumption of jurisdiction by or

referrals to the Director. 60-1.26 Enforcement proceedings. 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.

$ 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 construction 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 remedies 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.

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 subcon

tracts. 60-1.46 Delegation of authority by the Di

rector. 60-1.47 Effective date.

AUTHORITY: Sec. 201, E.O. 11246 (30 FR 12319), as amended by E.O. 12086.

SOURCE: 43 FR 49240, Oct. 20, 1978, unless otherwise noted.

$ 60-1.2 Administrative responsibility.

The Director has been delegated authority and assigned responsibility for carrying out the responsibilities assigned to the Secretary under the Executive order. All correspondence regarding the order should be directed to the Director, Office of Federal Contract Compliance Programs, Employment Standards Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, D.C. 20210.

$ 60-1.3 Definitions.

“Administering agency” means any department, agency and establishment in the executive branch of the Govern ment, including any wholly owned Government corporation, which administers a program involving federally assisted construction contracts.

"Administrative law judge' means an administrative law judge appointed as provided in 5 U.S.C 3105 and sub part B of part 930 of title 5 of the Code of Federal Regulations (see 37 FR 16787) and qualified to preside at hearings under 5 U.S.C. 557.

“Agency” means any contracting or any administering agency of the Government.

“Applicant” means an applicant for Federal assistance involving 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 assistance.

“Construction work” means the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing util. ity services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

“Contract” means any Government contract or any federally assisted construction contract.

"Contracting agency” means any department, agency, establishment, or instrumentality in the executive branch of the Government, including

any wholly owned Government corporation, which enters into contracts.

"Contractor" means, unless otherwise indicated, a prime contractor or subcontractor.

"Director" means the Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor or any person to whom he delegates authority under the regulations in this chapter.

"Equal opportunity clause" means the contract provisions set forth in $ 60-1.4 (a) or (b), as appropriate.

"Federally assisted construction contract” means any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.

“Government” means the government of the United States of America.

“Government contract” means any agreement or modification thereof between any contracting agency and any person for the furnishing of supplies or services or for the use of real or personal property, including lease arrangements. The term "services”, as used in this section includes, but is not limited to the following services: Utility, construction, transportation, research, insurance, and fund depository. The term “Government contract" does not include (1) agreements in which the parties stand in the relationship of employer and employee, and (2) federally assisted construction contracts.

“Minority group" as used herein shall include, where appropriate, female employees and perspective female employees.

“Modification” means any alteration in the terms and conditions of a con

« PreviousContinue »