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CHAPTER 10—DEPARTMENT OF THE
Part 10-12 10-60
TITLE 41-PUBLIC CONTRACTS, PROPERTY MANAGEMENT
12.803(c). Sections 10-12.816 to 10
12.830 are reserved for subsequent proSubpart 10-12.8-Equal Opportunity in visions governing financial agents. SecEmployment
tions 10-12.831 to 10-12.889 are re
served for regulations applying to Sec.
other Treasury contracts covered by 10-12.801 Scope of subpart. 10-12.802 Administrative responsibility.
Executive Order 11246, as amended. 10-12.803 Definitions. 10-12.804 Equal opportunity clause.
8 10-12.802 Administrative responsibility. 10-12.805 Exemptions.
The Secretary has designated the 10-12.806 Notice of qualification of finan
General Counsel as the Treasury Decial agents. 10-12.807 Reports.
partment Contract Compliance Offi10-12.808 Segregated facilities.
cer, who is responsible to the Secre10-12.809 Compliance reviews.
tary for carrying out the duties and re10-12.810 Complaints.
sponsibilities of the Department under 10-12.811 Violation of equal opportunity Executive Orders 11246 and 11375, and clause.
Chapter 60 of this title and the provi. 10-12.812 Hearings.
sions of this subpart. The General 10-12.813 Sanctions and penalties. 10-12.814 Affirmative action compliance
Counsel is assisted by the Director of programs.
the Office of Equal Opportunity Pro10-12.815 Solicitations and advertisements. gram, who is also the Deputy Contract AUTHORITY: E.O. 11246, as amended by
Compliance Officer for the DepartE.O. 11375, 42 U.S.C. Supp. III, 2000e note;
ment. The Deputy Contract Compliand 41 CFR ch. 60.
ance Officer is responsible for con
ducting or supervising the conduct of SOURCE: 34 FR 9, Jan. 1, 1969, unless otherwise noted.
all compliance reviews to be undertaken by the Department of banks and fi
nancial institutions. He will also furSubpart 10-12.8-Equal Opportunity
nish assistance required in determinin Employment
ing such matters as the compliance
status of contractors, the Compliance 8 10-12.801 Scope of subpart.
Agency for any contract, and all other (a) This subpart implements and questions arising in the application of supplements rules and regulations Chapter 60 of this title and the proviissued by the Secretary of Labor as sions of this subpart to Treasury conChapter 60 of this title to carry out tracts. the provisions contained in Parts II, III, and IV of Executive Order 11246,
(35 FR 19180, Dec. 18, 1970) as amended by Executive Order 11375,
10-12.803 Definitions. for the promotion of equal opportunity in employment with Government (a) The term “Compliance Agency" contractors on the basis of merit and means the Treasury Department. without discrimination because of (b) The term “contract" includes race, color, religion, sex, or national any agreement to serve as a financial origin. The provisions of Chapter 60 of agent, whether written or implied by this title apply to the contracts of the the performance of services as a finanTreasury Department except as may
cial agent. be specifically provided herein. The (c) The term "financial agent" in regulations in this subpart prescribe this subpart means a bank which, administrative requirements and pro- under Treasury Department regulacedures to assure compliance with the tions, accepts deposits of public money program for equal employment oppor- in any amount, or any financial insti. tunity under Treasury contracts.
tution which, under Treasury Depart(b) Sections 10-12.803 to 10-12.815 ment regulations, acts as either an isapply exclusively to contracts with fi- suing or paying agent for U.S. savings nancial agents, as defined in $ 10- bonds and savings notes. The term “fi
nancial agent” does not include any organization, other than a financial institution, which is an issuing agent only, or a Federal Reserve Bank.
8 10–12.804 Equal opportunity clause.
(a) By operation of the order, as amended, and of the regulations of the Treasury Department in 31 CFR Parts 202, 203, 214, 317, and 321, the equal opportunity clause in section 202 of Executive Order 11246, as amended, applies to every contract with a financial agent whether the contract is made by written agreement with the Department, or with a Federal Reserve Bank acting as its fiscal agent, or is created by the deposit of public money by an officer, agent, or employee of the United States.
(b) Hereafter, the equal opportunity clause shall be incorporated by reference in every written agreement entered into by a financial agent with the Treasury Department, or with a Federal Reserve Bank acting as its fiscal agent.
Form 100 (EEO-1) 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.
(b) Initial reports. Each newly qualified financial agent shall file with the Contract Compliance Officer an initial report on a form supplied by that officer within 30 days after receipt of the report form. If such report is filed on the compliance report form required under paragraph (a) of this section between November 1 of the year in which the financial agent is qualified and the following March 31, no further report will be due as of that March 31.
8 10-12.805 Exemptions.
The exemptions provided in § 60-1.5 of this title which are based on dollar amounts do not apply to contracts with financial agents.
§ 10-12.808 Segregated facilities.
(a) All financial agents agree as part of their obligations as an equal opportunity employer not to maintain or provide for employees any facilities which are segregated on the basis of race, color, religion, or national origin, at the main office or any branch office.
(b) An application or agreement to perform the services of a financial agent shall include a certification in the form approved by the Director that no such segregated facilities are or will be maintained.
$ 10-12.806 Notice of qualification of fi.
nancial agents. The qualifying authority shall notify the Contract Compliance Officer, in accordance with Fiscal Service instructions, of the qualification of a financial agent, its address, and the services for which it has qualified. On the basis of information available to and furnished by the Contract Compliance Officer to the qualifying authority, the qualification of a financial agent may be deferred pending a review of the agent's equal opportunity compliance status. The provisions of $ 60-1.6(d) of this title shall not otherwise apply to the making of a contract with a financial agent.
$ 10-12.809 Compliance reviews.
Compliance reviews required by virtue of $ 60-1.20 of this title will be conducted by a Deputy Compliance Officer or other qualified personnel of the Treasury Department regularly involved in the Equal Employment Opportunity program.
8 10-12.810 Complaints.
Complaints filed with the Treasury Department or referred to the Treasury Department by the Director of the Office of Federal Contract Compliance, Department of Labor, will be processed in accordance with the provisions of $ 60-1.24 of this title.
8 10-12.807 Reports.
(a) Compliance reports. Each financial agent which has 50 or more employees shall file annually on or before the 31st day of March a complete and accurate report on Standard
8 10-12.811 Violation of equal opportunity
clause. If any complaint, investigation or compliance review indicates a violation of the equal opportunity clause, reasonable efforts will be made to resolve this matter by informal means, by negotiation, conciliation, or compliance conference or informal hearings.
Sec. 10-60.202 Appeal file. 10-60.203 Treasury representation before
General Services Administration Board
of Contract Appeals. 10-60.204 Effective date.
AUTHORITY: 63 Stat. 390, 40 U.S.C. 486(c); 5 U.S.C. 301.
SOURCE: 32 FR 8676, June 16, 1967, unless otherwise noted.
8 10-12.812 Hearings.
Formal and informal hearings will be conducted in accordance with provisions of $ 60-1.26 of this title.
$ 10-12.813 Sanctions and penalties.
The sanctions described in § 60-1.27 of this title include ineligibility for qualification and the termination of the qualification of a financial agent, accompanied by the withdrawal of any public funds maintained therein.
$ 10-12.814 Affirmative action compliance
programs. Each financial agent having 50 or more employees is required to develop and maintain a written affirmative action compliance program, as provided in $ 60-1.40 of this title, for each of its establishments which has administrative authority over the hiring, promotion, and separation of its personnel. Each affirmative action program will outline specific responsibilities of branch banks in implementation of the central plan.
§ 10-60.100 Treasury contract appeals to
be heard by General Services Adminis
tration Board of Contract Appeals. The General Services Administration Board Contract Appeals (herein called the Board), with the prior approval of the Administrator of General Services, hereby is designated the authorized representative of the Secretary of the Treasury in hearing, considering, and determining as fully and finally as might the Secretary, all appeals by contractors from final decisions by contracting officers on disputed questions taken pursuant to the provisions of contracts (other than contracts of the Office of the Comptroller of the Currency) requiring the determination of such appeals by the Secretary or his duly authorized representative.
8 10-12.815 Solicitations and advertise
ments. Each financial agent shall include in all solicitations or advertisements for employees a statement that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The alternative types of action which will satisfy this requirement are set forth in § 60-1.41 of this title.
§ 10-60.200 Rules regarding contract dis
pute appeals. The rules and regulations pertaining to the appeal of General Services Administration contract disputes prescribed in or pursuant to Part 5-60 of this title and this part shall govern the appeal of all contract disputes with the Department of the Treasury, or with any bureau, office (other than the Office of the Comptroller of the Currency), division or other agency or subdivision of the Department of the Treasury, except for the rules entitled “Notice of appeal” (Rule 1, § 5-60.201 of this title), “Request, preparation and submission” (pertaining to the appeal file) (Rule 4A(1), § 5-60.204-1 of this title), and “Payment of claims" (Rule 22, § 5-60.224 of this title). Wherever the rules of the GSA Board in Subpart 5-60.2 of this title refer to the General Services Administration (or GSA) or the Administrator or the General Counsel, GSA, there shall be substituted the terms Treasury De
PART 10-60-PROCEDURES FOR SET
TLING CONTRACT DISPUTE APPEALS
Sec. 10-60.100 Treasury contract appeals to be
heard by General Services Administra
tion Board of Contract Appeals. 10-60.200 Rules regarding contract dispute
appeals. 10-60.201 Notice of appeal. 10-60.201-1 Filing. 10-60.201-2 Forwarding of appeals.
partment, the Secretary or the General Counsel, Treasury Department, respectively.
8 10-60.201 Notice of appeal.
8 10-60.201-1 Filing.
A notice of appeal must be in writing, and shall be filed with the office of the contracting officer from whose decision the appeal is taken. The notice of appeal must be mailed or otherwise filed with the contracting officer within the time specified therefor in the contract, or as allowed in applicable provisions of directives or law.
8 10-60.202 Appeal file.
Following receipt of a notice of appeal, the contracting officer shall promptly, and in any event within 30 days, compile and transmit to the General Counsel, Treasury Department, two (2) copies of the appeal file as prescribed in Rule 4A(2), § 5-60.2042 of this title. The General Counsel will submit the appeal file to the Board as promptly as possible after receipt by him of the Board's request therefor, and in any event so as to reach the Board within 45 days after such receipt.
8 10-60.201-2 Forwarding of appeals.
When a notice of appeal in any form has been received by the contracting officer, he shall endorse thereon the date of mailing and the date of receipt (or the date of receipt only, if otherwise conveyed) and within 20 days shall forward said notice of appeal, together with the envelope in which same was enclosed, to the Board, with a copy to the General Counsel, Treasury Department, Washington, D.C. 20220. Following receipt by the Board of the original notice of appeal (whether through the contracting officer or otherwise), the contractor, the contracting officer, and General Counsel, Treasury Department, will be advised promptly thereof, and the contractor will be furnished a copy of the Board's rules.
8 10-60.203 Treasury representation
before General Services Administration
Board of Contract Appeals. The General Counsel of the Treasury Department will assure representation of the interests of the Government in proceedings before the General Services Administration Board of Contract Appeals. All officers and employees of the Treasury Department will appear and give testimony as required and will cooperate with the General Services Administration Board of Contract Appeals and Government counsel in the processing of appeals so as to assure their speedy and just determination.
$ 10-60.204 Effective date.
The regulations in this part shall become effective on the date of publication in the FEDERAL REGISTER. The regulations in this part shall apply to all cases now pending or in which appeal from the contracting officer's decision is taken on or after the effective date.