B-109776, SEP. 1, 1961

B-109776, SEP. 1, 1961

TO THE HEADS OF DEPARTMENT, INDEPENDENT ESTABLISHMENTS, AND OTHERS CONCERNED:

EXECUTIVE ORDER 10925, DATED MARCH 6, 1961, EFFECTIVE APRIL 5, 1961, ESTABLISHING THE PRESIDENT'S COMMITTEE ON EQUAL EMPLOYMENT OPPORTUNITY, PROVIDES, IN SECTION 301, AS FOLLOWS:

"EXCEPT IN CONTRACTS EXEMPTED IN ACCORDANCE WITH SECTION 303 OF THIS ORDER, ALL GOVERNMENT CONTRACTING AGENCIES SHALL INCLUDE IN EVERY GOVERNMENT CONTRACT HEREAFTER ENTERED INTO THE FOLLOWING PROVISIONS:

"IN CONNECTION WITH THE PERFORMANCE OF WORK UNDER THIS CONTRACT, THE CONTRACTOR AGREES AS FOLLOWS:

"/1) THE CONTRACTOR WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, CREED, COLOR, OR NATIONAL ORIGIN. THE CONTRACTOR WILL TAKE AFFIRMATIVE ACTION TO ENSURE THAT APPLICANTS ARE EMPLOYED, AND THAT EMPLOYEES ARE TREATED DURING EMPLOYMENT, WITHOUT REGARD TO THEIR RACE, CREED, COLOR, OR NATIONAL ORIGIN. SUCH ACTION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: EMPLOYMENT, UPGRADING, DEMOTION OR TRANSFER; RECRUITMENT OR RECRUITMENT ADVERTISING; LAYOFF OR TERMINATION; RATES OF PAY OR OTHER FORMS OF COMPENSATION; AND SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP. THE CONTRACTOR AGREES TO POST IN CONSPICUOUS PLACES, AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, NOTICES TO BE PROVIDED BY THE CONTRACTING OFFICER SETTING FORTH THE PROVISIONS OF THIS NONDISCRIMINATION CLAUSE.

"/2) THE CONTRACTOR WILL, IN ALL SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES PLACED BY OR ON BEHALF OF THE CONTRACTOR, STATE THAT ALL QUALIFIED APPLICANTS WILL RECEIVE CONSIDERATION FOR EMPLOYMENT WITHOUT REGARD TO RACE, CREED, COLOR, OR NATIONAL ORIGIN.

"/3) THE CONTRACTOR WILL SEND TO EACH LABOR UNION OR REPRESENTATIVE OF WORKERS WITH WHICH HE HAS A COLLECTIVE BARGAINING AGREEMENT OR OTHER CONTRACT OR UNDERSTANDING, A NOTICE, TO BE PROVIDED BY THE AGENCY CONTRACTING OFFICER, ADVISING THE SAID LABOR UNION OR WORKERS' REPRESENTATIVE OF THE CONTRACTOR'S COMMITMENTS UNDER THIS SECTION, AND SHALL POST COPIES OF THE NOTICE IN CONSPICUOUS PLACES AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT.

"/4) THE CONTRACTOR WILL COMPLY WITH ALL PROVISIONS OF EXECUTIVE ORDER NO. 10925 OF MARCH 6, 1961, AND OF THE RULES, REGULATIONS, AND RELEVANT ORDERS OF THE PRESIDENT'S COMMITTEE ON EQUAL EMPLOYMENT OPPORTUNITY CREATED THEREBY.

"/5) THE CONTRACTOR WILL FURNISH ALL INFORMATION AND REPORTS REQUIRED BY EXECUTIVE ORDER NO. 10925 OF MARCH 6, 1961, AND BY THE RULES, REGULATIONS, AND ORDERS OF THE SAID COMMITTEE, OR PURSUANT THERETO, AND WILL PERMIT ACCESS TO HIS BOOKS, RECORDS, AND ACCOUNTS BY THE CONTRACTING AGENCY AND THE COMMITTEE FOR PURPOSES OF INVESTIGATION TO ASCERTAIN COMPLIANCE WITH SUCH RULES, REGULATIONS, AND ORDERS.

"/6) IN THE EVENT OF THE CONTRACTOR'S NON-COMPLIANCE WITH THE NONDISCRIMINATION CLAUSES OF THIS CONTRACT OR WITH ANY OF THE SAID RULES, REGULATIONS, OR ORDERS, THIS CONTRACT MAY BE CANCELLED IN WHOLE OR IN PART AND THE CONTRACTOR MAY BE DECLARED INELIGIBLE FOR FURTHER GOVERNMENT CONTRACTS IN ACCORDANCE WITH PROCEDURES AUTHORIZED IN EXECUTIVE ORDER NO. 10925 OF MARCH 6, 1961, AND SUCH OTHER SANCTIONS MAY BE IMPOSED AND REMEDIES INVOKED AS PROVIDED IN THE SAID EXECUTIVE ORDER OR BY RULE, REGULATION, OR ORDER OF THE PRESIDENT'S COMMITTEE ON EQUAL EMPLOYMENT OPPORTUNITY, OR AS OTHERWISE PROVIDED BY LAW.

"/7) THE CONTRACTOR WILL INCLUDE PROVISIONS OF THE FOREGOING PARAGRAPHS (1) THROUGH (6) IN EVERY SUBCONTRACT OR PURCHASE ORDER UNLESS EXEMPTED BY RULES, REGULATIONS, OR ORDERS OF THE PRESIDENT'S COMMITTEE ON EQUAL EMPLOYMENT OPPORTUNITY ISSUED PURSUANT TO SECTION 303 OF EXECUTIVE ORDER NO. 10925 OF MARCH 6, 1961, SO THAT SUCH PROVISIONS WILL BE BINDING UPON EACH SUBCONTRACTOR OR VENDOR. THE CONTRACTOR WILL TAKE SUCH ACTION WITH RESPECT TO ANY SUBCONTRACT OR PURCHASE ORDER AS THE CONTRACTING AGENCY MAY DIRECT AS A MEANS OF ENFORCING SUCH PROVISIONS, INCLUDING SANCTIONS FOR NON-COMPLIANCE: PROVIDED, HOWEVER, THAT IN THE EVENT THE CONTRACTOR BECOMES INVOLVED IN, OR IS THREATENED WITH, LITIGATION WITH A SUBCONTRACTOR OR VENDOR AS A RESULT OF SUCH DIRECTION BY THE CONTRACTING AGENCY, THE CONTRACTOR MAY REQUEST THE UNITED STATES TO ENTER INTO SUCH LITIGATION TO PROTECT THE INTERESTS OF THE UNITED STATES.'"

REGULATIONS OF THE PRESIDENT'S COMMITTEE ON EQUAL EMPLOYMENT OPPORTUNITY, 26 F.R. 6585, EFFECTIVE JULY 21, 1961, CONTAIN THE FOLLOWING PROVISIONS IN SECTION 60-1.3 (B) (4) RELATIVE TO GOVERNMENT BILLS OF LADING:

"GOVERNMENT BILLS OF LADING IN ANY AMOUNT ARE SUBJECT TO THE ORDER (EXECUTIVE ORDER 10925), AND THE NONDISCRIMINATION PROVISIONS MAY BE INCORPORATED THEREIN BY REFERENCE. WHEN ACTING PURSUANT TO SUCH BILLS OF LADING, CARRIERS SHALL BE EXEMPT FROM COMPLYING WITH PARAGRAPHS 3 THROUGH 7 OF THE CONTRACT CLAUSES CONTAINED IN SECTION 301 OF THE ORDER UNLESS OTHERWISE SPECIFICALLY ORDERED BY THE CONTRACTING AGENCY OR THE EXECUTIVE VICE CHAIRMAN.'

THE PROVISIONS PRESENTLY INCLUDED ON THE BACK OF THE U.S. GOVERNMENT BILL OF LADING FORMS AS CONDITION 9 ARE BASED ON EXECUTIVE ORDER 10557, 19 F.R. 5655, WHICH HAS BEEN REVOKED BY EXECUTIVE ORDER 10925.

IN VIEW OF THE PROVISIONS OF EXECUTIVE ORDER 10925 AND CONSISTENT WITH THE REQUIREMENTS OF THE GOVERNMENT DEPARTMENTS AND AGENCIES, IT WILL BE NECESSARY, WHEN USING U.S. GOVERNMENT BILL OF LADING FORMS, TO INCORPORATE IN THE BILLS OF LADING A REFERENCE TO SECTION 301 OF EXECUTIVE ORDER 10925 AS AN INTEGRAL PART OF BILL OF LADING CONTRACTS. ACCORDINGLY, BEFORE ANY GOVERNMENT BILL OF LADING IS ISSUED FOR USE THERE SHALL BE PLACED THEREON A TYPEWRITTEN, RUBBER STAMP, OR OTHER SIMILAR IMPRESSION CONTAINING THE FOLLOWING WORDS:

EQUAL EMPLOYMENT OPPORTUNITY CONDITION 9 HEREOF IS REVISED AS FOLLOWS: THE CONTRACT CLAUSE IN SEC. 301 OF EXECUTIVE ORDER 10925 (26 F.R. 1977) ARE INCORPORATED HEREIN, BUT CARRIERS ARE EXEMPTED FROM PARAGRAPH 3-7 THEREOF UNLESS OTHERWISE SPECIFICALLY ORDERED (26 F.R. 6586, SEC. 60-1.3 (B) (4) ).

IT IS CONTEMPLATED THAT THE NEXT REVISION OF THE GOVERNMENT BILL OF LADING FORMS WILL INCLUDE SUITABLE PROVISIONS UNDER EXECUTIVE ORDER 10925 AND IMPLEMENTING REGULATIONS.