B-109776, OCT. 4, 1963

B-109776, OCT. 4, 1963

TO HEADS OF DEPARTMENTS, INDEPENDENT ESTABLISHMENTS:

EXECUTIVE ORDER 11114, DATED JUNE 22, 1963, EFFECTIVE JUNE 22, 1963, EXTENDS THE AUTHORITY OF THE PRESIDENT'S COMMITTEE ON EQUAL EMPLOYMENT OPPORTUNITY ORIGINALLY ESTABLISHED IN EXECUTIVE ORDER 10925, DATED MARCH 6, 1961. SECTION 201 OF EXECUTIVE ORDER 11114 AMENDS SECTION 301 OF EXECUTIVE ORDER 10925, 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:

"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, 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 NON-DISCRIMINATION 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, AS AMENDED, 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, AS AMENDED, 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 NON DISCRIMINATION CLAUSES OF THIS CONTRACT OR WITH ANY OF THE SAID 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. 10925 OF MARCH 6, 1961, AS AMENDED, 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 THE PROVISIONS OF PARAGRAPHS (1) THROUGH (7) 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, AS AMENDED, 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.'

SECTION 60-1.3 (B) (4) OF THE REGULATIONS OF THE PRESIDENT'S COMMITTEE ON EQUAL EMPLOYMENT OPPORTUNITY WAS AMENDED EFFECTIVE JUNE 11, 1963 (28 F.R. 5671), AS FOLLOWS:

"GOVERNMENT BILLS OF LADING. GOVERNMENT BILLS OF LADING IN ANY AMOUNT ARE SUBJECT TO ALL PROVISIONS OF SECTION 301 OF THE ORDER, AND SUCH PROVISIONS MAY BE INCORPORATED THEREIN BY REFERENCE.'

THE ABOVE AMENDMENT REMOVES THE EXEMPTION PREVIOUSLY AFFORDED CARRIERS FROM COMPLIANCE WITH PARAGRAPHS 3 THROUGH 7 OF THE CONTRACT CLAUSES CONTAINED IN SECTION 301 OF EXECUTIVE ORDER NO. 10925.

THE PROVISIONS PRESENTLY INCLUDED ON THE BACK OF THE GOVERNMENT BILL OF LADING FORM AS CONDITION 9 ARE BASED ON EXECUTIVE ORDER 10925 OR EXECUTIVE ORDER 10557, 19 F.R. 5655, WHICH THE FORMER REVOKED. IN ORDER THAT U.S. GOVERNMENT BILL OF LADING FORMS REFLECT CURRENT EFFECTIVE EXECUTIVE ORDER PROVISIONS AND IMPLEMENTING RULES AND REGULATIONS, IT WILL BE NECESSARY TO REVISE THE EXISTING CONDITION 9 ON THE BACK OF THE BILL OF LADING FORMS. SUCH REVISION WILL BE ACCOMPLISHED BY USE OF A NEW CONDITION 9, READING AS FOLLOWS:

"THE NON-DISCRIMINATION CLAUSES CONTAINED IN SECTION 301 OF EXECUTIVE ORDER 10925, AS AMENDED, RELATIVE TO EQUAL EMPLOYMENT OPPORTUNITY FOR ALL PERSONS WITHOUT REGARD TO RACE, CREED, COLOR, OR NATIONAL ORIGIN, AND THE IMPLEMENTING RULES AND REGULATIONS OF THE PRESIDENT'S COMMITTEE ON EQUAL EMPLOYMENT OPPORTUNITY ARE INCORPORATED HEREIN.'

ANY GOVERNMENT BILL OF LADING ISSUED FROM PRESENT SUPPLIES SHOULD HAVE A TYPEWRITTEN, RUBBER STAMP, OR OTHER IMPRESSION CONTAINING LANGUAGE SIMILAR TO THE ABOVE REVISED CONDITION 9.

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 SEPTEMBER 1, 1961, IS RESCINDED AND SUPERSEDED BY THE PROVISIONS OF THIS LETTER.