B-109776, NOV. 4, 1968

B-109776, NOV. 4, 1968

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

EXECUTIVE ORDER 11375, DATED OCTOBER 13, 1967, 32 F.R. 14303, AMENDED EXECUTIVE ORDER 11246, DATED SEPTEMBER 24, 1965, 30 F.R. 12319, TO INCLUDE, WHERE RELEVANT, PROHIBITIONS AGAINST DISCRIMINATION BECAUSE OF SEX AND OTHERWISE CONFORMED THE EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS TO THE CIVIL RIGHTS ACT OF 1964, 78 STAT. 241, 255, 42 U.S.C. 2000E-2 (A), ET SEQ. THE AMENDMENTS TO PART II OF EXECUTIVE ORDER 11246 ARE EFFECTIVE OCTOBER 14, 1968; AS AMENDED, SECTION 202 OF PART II IS AS FOLLOWS:

"EXCEPT IN CONTRACTS EXEMPTED IN ACCORDANCE WITH SECTION 204 OF THIS ORDER, ALL GOVERNMENT CONTRACTING AGENCIES SHALL INCLUDE IN EVERY GOVERNMENT CONTRACT HEREAFTER ENTERED INTO THE FOLLOWING PROVISIONS:

-DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS FOLLOWS:

-/1) THE CONTRACTOR WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, SEX, 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, COLOR, RELIGION, SEX 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, COLOR, RELIGION, SEX 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 LABOR UNION OR WORKERS' REPRESENTATIVE OF THE CONTRACTOR'S COMMITMENTS UNDER SECTION 202 OF EXECUTIVE ORDER NO. 11246 OF SEPTEMBER 24, 1965, 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. 11246 OF SEPT. 24, 1965, AND OF THE RULES, REGULATIONS, AND RELEVANT ORDERS OF THE SECRETARY OF LABOR.

-/5) THE CONTRACTOR WILL FURNISH ALL INFORMATION AND REPORTS REQUIRED BY EXECUTIVE ORDER NO. 11246 OF SEPTEMBER 24, 1965, AND BY THE RULES, REGULATIONS, AND ORDERS OF THE SECRETARY OF LABOR, OR PURSUANT THERETO, AND WILL PERMIT ACCESS TO HIS BOOKS, RECORDS, AND ACCOUNTS BY THE CONTRACTING AGENCY AND THE SECRETARY OF LABOR FOR PURPOSES OF INVESTIGATION TO ASCERTAIN COMPLIANCE WITH SUCH RULES, REGULATIONS, AND ORDERS.

-/6) IN THE EVENT OF THE CONTRACTOR'S NONCOMPLIANCE WITH THE NONDISCRIMINATION CLAUSES OF THIS CONTRACT OR WITH ANY OF SUCH RULES, REGULATIONS, OR ORDERS, THIS CONTRACT MAY BE CANCELLED, TERMINATED OR SUSPENDED 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. 11246 OF SEPT. 24, 1965, AND SUCH OTHER SANCTIONS MAY BE IMPOSED AND REMEDIES INVOKED AS PROVIDED IN EXECUTIVE ORDER NO. 11246 OF SEPTEMBER 24, 1965, OR BY RULE, REGULATION, OR ORDER OF THE SECRETARY OF LABOR, OR AS OTHERWISE PROVIDED BY LAW.

-/7) THE CONTRACTOR WILL INCLUDE THE PROVISIONS OF PARAGRAPHS (1) THROUGH (7) IN EVERY SUBCONTRACT OR PURCHASE ORDER UNLESS EXEMPTED BY RULES, REGULATIONS, OR ORDERS OF THE SECRETARY OF LABOR ISSUED PURSUANT TO SECTION 204 OF EXECUTIVE ORDER NO. 11246 OF SEPT. 24, 1965, 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 NONCOMPLIANCE: 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.-"

PARTS II AND III OF EXECUTIVE ORDER 11246 VEST IN THE SECRETARY OF LABOR FUNCTIONS PREVIOUSLY EXERCISED BY THE PRESIDENT'S COMMITTEE ON EQUAL EMPLOYMENT OPPORTUNITY AND SECTION 201 EMPOWERS THE SECRETARY TO ADOPT SUCH RULES AND REGULATIONS AND TO ISSUE SUCH ORDERS AS HE DEEMS NECESSARY AND APPROPRIATE TO ACHIEVE THE PURPOSES OF THE ORDER. INITIALLY, THE SECRETARY OF LABOR ADOPTED AS HIS OWN, TO THE EXTENT THAT THEY WERE NOT INCONSISTENT WITH EXECUTIVE ORDER 11246, THE RULES, REGULATIONS AND ORDERS ISSUED BY THE PRESIDENT'S COMMITTEE ON EQUAL EMPLOYMENT OPPORTUNITY. F.R. 13441. SUCH RULES WERE CODIFIED AS CHAPTER 60, TITLE 41 CODE OF FEDERAL REGULATIONS.

AFTER APPROPRIATE NOTICE OF PROPOSED RULE-MAKING AND OPPORTUNITY FOR INTERESTED PARTIES TO COMMENT IN WRITING, 33 F.R. 3000, THE SECRETARY OF LABOR ON MAY 21, 1968, REVISED THE PROVISIONS OF CHAPTER 60, EFFECTIVE JULY 1, 1968. 33 F.R. 7804. SECTION 60-1.4 (D) OF THE REVISED REGULATIONS, 33 F.R. 7805, PROVIDES THAT GOVERNMENT BILLS OF LADING MAY INCORPORATE BY REFERENCE THE EQUAL OPPORTUNITY CLAUSE.

THE PROVISIONS PRESENTLY INCLUDED ON THE BACK OF THE GOVERNMENT BILL OF LADING FORM AS CONDITION 9 ARE BASED ON EXECUTIVE ORDER 11246. U.S. GOVERNMENT BILL OF LADING FORMS SHOULD REFLECT CURRENT EFFECTIVE EXECUTIVE ORDER PROVISIONS AND CONDITION 9 AS NOW SET FORTH ON THE BACK OF THE BILL OF LADING FORMS WILL BE REVISED. SUCH REVISION WILL BE ACCOMPLISHED BY USE OF A NEW CONDITION 9, READING AS FOLLOWS:

"THE NONDISCRIMINATION CLAUSES CONTAINED IN SECTION 202 OF EXECUTIVE ORDER 11246, AS AMENDED BY EXECUTIVE ORDER 11375, RELATIVE TO EQUAL EMPLOYMENT OPPORTUNITY FOR ALL PERSONS WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN, AND THE IMPLEMENTING RULES AND REGULATIONS PRESCRIBED BY THE SECRETARY OF LABOR ARE INCORPORATED HEREIN.'

WHEN EXISTING SUPPLIES OF GOVERNMENT BILLS OF LADING ARE EXHAUSTED AND WHEN NEW STOCKS ARE ORDERED THE LANGUAGE OF CONDITION 9 ON THE BACK OF THE GOVERNMENT BILL OF LADING SHOULD CONFORM TO THE ABOVE PROVISIONS REFERRING TO EXECUTIVE ORDER 11246, AS AMENDED BY EXECUTIVE ORDER 11375. ACTION NEED NOT BE TAKEN TO MODIFY BILLS OF LADING PRESENTLY IN STOCK SINCE CONDITION 9 AS IT NOW READS SHOULD BE ADEQUATE TO NOTIFY ALL INTERESTED PARTIES OF THE APPLICABILITY OF APPROPRIATE NONDISCRIMINATION PROVISIONS TO GOVERNMENT BILL OF LADING CONTRACTS.

THE RESPONSIBLE OFFICES SHOULD TAKE APPROPRIATE STEPS TO INSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS LETTER. THE LETTER TO THE HEADS OF DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND OTHERS CONCERNED, B- 109776, DATED MARCH 7, 1966, IS RESCINDED AND SUPERSEDED BY THIS LETTER.