Officers

(b) Contracts Compliance and Deputy Contracts Compliance Officers; designations; duties. The head of each agency shall appoint from among its personnel a Contracts Compliance Officer, who shall be subject to the immediate supervision of the head of the agency for carrying out the responsibilities of the agency under this part. The head of the agency or the Contracts Compliance Officer may also designate, when appropriate, Deputy Contracts Compliance Officers to assist the Contracts Compliance Officer in the performance of his duties. The name of each Contracts Compliance Officer and any Deputy Contracts Compliance Officers, their addresses, telephone numbers, and any changes made in their designation shall be furnished to the Executive Vice Chairman.

(c) Regulations. (1) The head of each agency may prescribe, subject to the prior approval of the Executive Vice Chairman, regulations not inconsistent with those in this part for the administration of the provisions of the Orders.

(2) Each administering agency shall prescribe, subject to the prior approval of the Executive Vice Chairman, regulations or other appropriate instructions requiring that applicants for Federal assistance shall undertake and agree to the clause set forth in § 60-1.3(b) (1), and indicating that the agency shall be primarily responsible for compliance.

(3) Prior to the receipt of the approval of the Executive Vice Chairman, current agency regulations, and proposed regulations or instructions relating to applicants, may be enforced to the extent that they are not inconsistent with the regulations in this part and with the Orders.

(a) Requirements for contractors and subcontractors. (1) Each agency shall require each nonexempt contractor to file, and each nonexempt contractor and subcontractor shall cause their nonexempt subcontractors to file timely, complete and accurate compliance reports in accordance with, and to the extent required by, the instructions attached to the official compliance report forms, as well as to furnish such other pertinent information as may be requested by the agency, the applicant, or the Executive Vice Chairman.

(2) Compliance reports shall be filed at the times specified by the instructions attached to such forms or at such other times as may be required by the agency or the Executive Vice Chairman. The agency, with the approval of the Executive Vice Chairman, may, in appropriate cases, extend the time for the filing of compliance reports.

(3) Compliance report forms may be obtained from the agency, the applicant or from the prime contractor. Among other things, the forms shall provide that whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or other representative of employees, information shall be furnished as to the labor union or other workers' representative's practices and policies affecting compliance, and in connection therewith, the contractor or subcontractor shall request the union or workers' representative for any necessary data within its possession. Where such information is within the exclusive possession of a labor union or other workers' representative and the labor union or other workers' representative shall fail or refuse to furnish such information, the contractor or subcontractor shall so certify in his report and shall set forth what efforts he has made to obtain such information. When such failure or refusal is certified to an agency, it shall immediately advise the Executive Vice Chairman.

(4) Failure to file timely, complete and accurate compliance reports as required constitutes noncompliance with the contractor's obligations under the equal opportunity clause and is ground

for the imposition by the agency or the Cet Committee of any of the sanctions available under the Orders.

(b) Requirements of bidders or proespective contractors—(1) Compliance reeports. Each agency shall require any bidder or prospective contractor, or any of their proposed subcontractors, to state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed with the Committee or agency all compliance reports due under applicable instructions. In any case in which a bidder or prospective contractor or proposed subcontractor which has participated in a previous contract or subcontract subject to the equal opportunity clause has not filed a compliance report due under applicable instructions, such bidder, prospective contractor or proposed subcontractor shall be required by the agency to submit a compliance report prior to the award of the proposed contract or subcontract. In all other cases, the agency may, or upon the direction of the Executive Vice Chairman, shall, require the submission of a compliance report by a bidder or prospective contractor, or proposed subcontractor, prior to the award of the contract or subcontract. When a determination has been made to award a contract to a specific contractor, such contractor may be required, prior to award, to furnish such other pertinent information regarding its own employment policies and practices as well as of its proposed subcontractors as the agency, the applicant, or the Executive Vice Chairman may require.

(2) Union statement. Each agency may as a part of the bid or negotiation of the contract, or upon the direction of the Executive Vice Chairman, shall, direct any bidder or prospective contractor, or any of their proposed subcontractors, to file a statement in writing (signed by an authorized officer or agent of any labor union or other workers' representative with which the bidder or prospective contractor or subcontractor, deals or has reason to believe he will deal in connection with performance of the proposed contract), together with supporting information, to the effect that the said labor union's or other workers' representative's practices and

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policies do not discriminate on the grounds of race, color, creed, or national origin, and that the labor union or other workers' representative either will affirmatively cooperate, within the limits of its legal and contractual authority, in the implementation of the policy and provisions of the Orders or that it consents and agrees that recruitment, employment and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the Orders. In the event the union or other workers' representative fails or refuses to execute such a statement, the bidder or prospective contractor shall so certify, and state what efforts have been made to secure such a statement. When such failure or refusal has been certified, the agency shall immediately advise the Executive Vice Chairman.

§ 60-1.7

Compliance by labor unions.

(a) The Executive Vice Chairman shall use his best efforts, directly and through agencies, contractors, subcontractors, applicants, State and local officials, public and private agencies, and all other available instrumentalities, to cause any labor union, recruiting agency or other representative of workers who are or may be engaged in work under contracts to cooperate with, and to comply in the implementation of, the purposes of the Orders.

(b) In order to effectuate the purposes of paragraph (a) of this section, the Executive Vice Chairman may hold hearings, public or private, with respect to the practices and policies of any such labor organization.

(c) The Executive Vice Chairman may also notify any Federal, State, or local agency of his conclusions and recommendations with respect to any such labor organization which in his judgment has failed to cooperate with the Committee, agencies, contractors, subcontractors, or applicants in carrying out the purposes of the Orders.

§ 60-1.8 Use of compliance reports.

The agency and the Committee shall use compliance reports only in connection with the administration of the Orders or the furtherance of their purposes.

(a) General.

The purpose of compliance reviews shall be to ascertain the extent to which the Orders are being implemented by the creation of equal employment opportunity for all qualified persons in accordance with the national policy. They are not intended to interfere with the responsibilities of employers to determine the competence and qualifications of employees and applicants for employment. Both routine and special reviews shall be conducted by agencies to ascertain the extent to which contractors and subcontractors are complying with the Orders, and to furnish information that may be useful to agencies and the Committee in carrying out their functions under the Orders. If a contractor or subcontractor has contracts or subcontracts involving more than one agency, the agency having the predominant interest shall normally conduct compliance reviews. The agency

under which the contractor or subcontractor holds the largest aggregate dollar value of contracts or subcontracts at the time of filing of the most recent compliance report shall be deemed to have the predominant interest in any proceeding under this part, unless otherwise provided by the Executive Vice Chairman.

A

(b) Routine compliance review. routine compliance review consists of a general review of the practices of the contractor or subcontractor to ascertain compliance with the requirements of the Order. A routine compliance review shall be considered a normal part of contract administration.

(c) Special compliance review. A special compliance review consists of a comprehensive review of the employment practices of the contractor or subcontractor with respect to the requirements of the Order. Special compliance reviews shall be conducted by the Executive Vice Chairman; or the agency (1) from time to time, (2) when special circumstances, including complaints which are processed under § 60-1.24, warrant, or (3) when requested by the Executive Vice Chairman. The agency shall report the results of any special compliance review conducted by it to the Executive Vice Chairman.

§ 60-1.21

Who may file complaints.

Any employee of any contractor or subcontractor or applicant for employment with such contractor or subcontractor who believes himself to be aggrieved under the equal opportunity clause, may, by himself or by an authorized representative, file in writing a complaint of alleged discrimination. Such complaint must be filed not later than 90 days from the date of the alleged discrimination, unless the time for filing is extended by the agency or the Executive Vice Chairman upon good cause shown.

§ 60-1.22 Where to file.

Complaints may be filed with the agency or with the Committee. Those filed with the Committee may be referred to the agency for processing, or they may be processed in accordance with § 60-1.26. Where complaints are filed with the agency, the Contracts Compliance Officer shall transmit a copy of the complaint to the Executive Vice Chairman within ten days after the receipt thereof and shall proceed with a prompt investigation of the complaint. When a complaint is filed against a contractor or subcontractor who has contracts involving more than one agency, the agency having the predominant interest in such contracts shall normally conduct the investigation and make such findings and determinations as shall be appropriate for the administration of the Orders.

§ 60-1.23 Contents of complaint.

(a) The complaint should include the following information: The name and address (including telephone number) of the complainant; the name and address of the 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.

(b) Where a complaint contains incomplete information, the agency or the Executive Vice Chairman (when acting pursuant to § 60-1.26), shall seek promptly the needed information from the complainant. In the event such information is not furnished to the agency

(a) Investigations. (1) The agency shall institute a prompt investigation of each complaint filed with it or referred to it, and shall be responsible for developing a complete case record. The investigation should include, where appropriate, a review of the pertinent personnel practices and policies of the contractor or subcontractor, the circumstances under which the alleged discrimination occurred, and other factors relevant to a determination as to whether the contractor or subcontractor has complied with the equal opportunity clause.

(2) Whenever a compliance review, report or other procedure indicates the possible violation of the equal opportunity clause, the agency shall institute such investigation as shall be necessary and shall be responsible for developing a complete case record.

(b) Resolution of matters. (1) If the investigation by the agency pursuant to paragraph (a) of this section shows no violation of the equal opportunity clause, the agency shall so inform the Committee. The Executive Vice Chairman shall review the findings and upon concurrence therewith he shall so advise the agency, which shall in turn notify the applicant, if any, the appropriate contractors and subcontractors, and the complainant, if any, and the case shall be closed. If upon review, the Executive Vice Chairman does not concur with the findings of the agency, he may request further investigation by the agency or may undertake such investigation by the Committee as he may deem appropriate.

(2) If any investigation under paragraph (a) of this section indicates the existence of an apparent violation of the equal opportunity clause, the matter should be resolved by informal means whenever possible.

(3) If a matter in which the investigation has shown apparent discrimination is not resolved by informal means, the agency may afford the contractor or subcontractor an opportunity for a hearing before reporting its findings and recommendations to the Executive Vice Chairman, as provided in paragraph (c) of this section. If the agency's decision

is that a violation of the equal opportunity clause has taken place, the agency may make recommendations to the Executive Vice Chairman, may cause the cancellation, termination, or suspension of the contract or subcontract pursuant to section 312 of the Order, or may with the approval of the Executive Vice Chairman impose such other sanctions as seem necessary and appropriate to carry out the purposes of the Orders. No case shall be referred to the Department of Justice under section 312(b) of the Order and no contract or subcontract shall be cancelled or terminated in whole or in part under section 312(d) of the Order without compliance with § 60-1.28. Whenever detarment from contracts under section 312(e) of the Order may be proposed by the agency, it shall afford the contractor or subcontractor an opportunity for a hearing before the head of the agency or his authorized representative in accordance with § 60-1.27. When a contractor or subcontractor, without a hearing, shall have complied with the recommendations or orders of an agency or the Executive Vice Chairman 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 agency or the Executive Vice Chairman as the case may be.

(c) Report to the Executive Vice Chairman. (1) Within 60 days from receipt of a complaint by the agency, or within such additional time as may be allowed by the Executive Vice Chairman for good cause shown, the agency shall process the complaint and submit to the Executive Vice Chairman the case record and a summary report containing the following information:

(1) Name and address of the complainant;

(ii) Brief summary of findings, including a statement as to the agency's conclusions regarding the contractor's compliance or noncompliance with the requirements of the Order;

(iii) A statement of the disposition of the case, including any corrective action taken and any sanctions or penalties imposed or, whenever appropriate, the recommended corrective action and sanctions or penalties.

(2) As to any other matter processed by the agency involving an apparent vio

lation of the Orders, the agency shall submit to the Executive Vice Chairman a report containing a brief summary of the findings, including a statement as to the agency's conclusions regarding the contractor's compliance or noncompliance with the requirements of the Order, and a statement of the disposition of the case, including any corrective action taken and any sanctions or penalties imposed or, whenever appropriate, the recommended corrective action and sanctions or penalties.

§ 60-1.25 Assumption of jurisdiction by the Executive Vice Chairman over matters before an agency.

The Executive Vice Chairman may inquire into the status of any matter pending before an agency, including complaints and matters arising out of reports, reviews, and other investigations, and where he considers it necessary or appropriate to the achievement of the purposes of the Orders he may assume jurisdiction over the matter and proceed as provided in § 60-1.26.

§ 60-1.26 Processing of matters by the Executive Vice Chairman.

(a) The Executive Vice Chairman may process matters over which he assumes jurisdiction under § 60-1.25 or other matters, including complaints and matters arising out of special compliance reviews conducted or ordered by the Executive Vice Chairman. Whenever the Executive Vice Chairman processes any matter he may conduct, or have conducted, such investigations, hold such hearings, make such findings, issue such recommendations and directives and order such sanctions and penalties as may be necessary or appropriate to achieve the purposes of the Orders.

(b) No case shall be referred to the Department of Justice under section 312 of the Order and no contract shall be cancelled or terminated in whole or in part under section 312(d) of the Order without compliance with § 60-1.28. Whenever debarment from contracts under section 312(e) of the Order may be proposed, the Executive Vice Chairman shall afford the contractor an opportunity for a hearing in accordance with § 60-1.27.

(c) The Executive Vice Chairman shall promptly notify the agency of any corrective action to be taken or any sanctions to be imposed by the agency.

The agency shall take such action, and report the results thereof to the Executive Vice Chairman within the time specified in individual cases.

§ 60-1.27 Hearings.

(a) General hearing procedure—(1) Notice. Whenever a hearing is to be held pursuant to Subpart B of this part reasonable notice of such hearing shall be given by registered mail, return receipt requested, to the contractor or subcontractor complained against. Such notice shall include (i) a convenient time and place of hearing, (ii) a statement of the provisions of the Order and regulations pursuant to which the hearing is to be held, and (iii) a concise statement of the matters pursuant to which the action forming the basis of the hearing has been taken or is proposed to be taken.

(2) Hearings. The Executive Vice Chairman, the head of the agency, or such other official or officials designated as hearing officers shall regulate the course of the hearing. Hearings shall be informally conducted. Every party shall have the right to counsel, and a fair opportunity to present his case or defense including such cross-examination as may be appropriate in the circumstances. Hearing officers shall make their proposed findings and recommended conclusions upon the basis of the record before them.

(b) Contract ineligibility cases. When hearings are held pursuant to section 310(b) of the Order to declare a contractor or subcontractor ineligible for further contracts, the procedure provided in paragraph (a) of this section shall be followed except as hereinafter set forth.

(1) Notice of proposed ineligibility. Before any determination is made to declare any contractor or subcontractor ineligible for further contracts or subcontracts under sections 301 and 312 of the Order, a notice of proposed determination in writing and signed by the Executive Vice Chairman or head of the agency, or his authorized representative, as the case may be, shall be sent to the last known address of the contractor or subcontractor, return receipt requested.

(2) Hearing request. Whenever a contractor or subcontractor has been notified by an agency of a proposed determination of contract ineligibility under the Orders, such contractor or