Sec. 151.54 - Equal employment opportunity
requirements: Before July 1, 1968.
In conformity with Executive Order 11246
of September 24, 1965 (30 FR 12319, 3 CFR, 1965 Supp., p. 167) the
regulations of the former President's Committee on Equal Employment
Opportunity, 41 CFR part 60-1 (28 FR 9812, 11305), as adopted "to the
extent not inconsistent with Executive Order 11246" by the Secretary of
Labor ("Transfer of Functions," Oct. 19, 1965, 30 FR 13441), are
incorporated by reference into subparts B and C of this part as set forth
below. They are referred to in this section by section numbers of part
60-1 of title 41.
(a) Equal employment opportunity
requirements. There are hereby incorporated by reference into subparts
B and C, as requirements, the provisions of §60-1.3(b)(1). The FAA is
primarily responsible for the sponsor's compliance.
(b) Equal employment opportunity
requirements in construction contracts. The sponsor shall cause the
"equal opportunity clause" in §60-1.3(b)(1) to be incorporated into all
prime contracts and subcontracts as required by §60-1.3(c).
(c) Reporting requirements for
contractors and subcontractors. The sponsor shall cause the filing of
compliance reports by contractors and subcontractors as provided in
§60-1.6(a) and the furnishing of such other information as may be required
under that provision.
(d) Bidders' reports. (1) The
sponsor shall include in his invitations for bids or negotiations for
contracts, and shall require his contractors to include in their
invitations for bids or negotiations for subcontracts, the following
provisions based on §60-1.6(b)(1):
Each bidder, prospective contractor or proposed
subcontractor shall state as an initial part of the bid or negotiations of
the contract whether he has participated in any previous contract or
subcontract subject to the equal opportunity clause and, if so, whether he
has filed with the Office of Federal Contract Compliance in the United
States Department of Labor or the contracting or administering agency all
compliance reports due under applicable instructions. In any case in which
a bidder or prospective contractor or proposed subcontractor who 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
subcontractors shall submit a compliance report prior to the award of the
proposed contract or subcontract. When a determination has been made to
award a contract to a specific contractor, such contractor shall, prior to
award, furnish such other pertinent information regarding his own
employment policies and practices as well as those of his proposed
subcontractors as the FAA, the sponsor, or the Director of the Office of
Federal Contract compliance may require.
(2) The sponsor or his contractors shall
give express notice of the requirements of this paragraph (d) in all
invitations for bids or negotiations for contracts.
(e) Enforcement. The FAA conducts
compliance reviews, handles complaints and, where appropriate, conducts
hearings and imposes, or recommends to the Office of Federal Contract
Compliance, sanctions, as provided in subpart B -- General Enforcement;
Complaint Procedure of part 60-1.
(f) Exempted contracts. Except
for subcontracts for the performance of construction work at the site of
construction, the requirements of this section do not apply to
subcontracts below the second tier (§60-1.3(c)). The requirements of this
section do not apply to contracts and subcontracts exempted by §60-1.4.
(g) Meaning of terms. The term
"applicant" in the provisions of part 60-1 incorporated by reference
in this section means the sponsor, except where part 60-1 refers to an
applicant for employment, and the term "administering agency" therein
means the FAA.
(h) Applicability to existing
agreements and contracts. This section applies to grant agreements
made after December 20, 1964, and before July 1, 1968. Except as provided
in §151.54A(b), it applies to contracts and subcontracts as defined in
§60-1.2 (i) and (k) of Title 41 made in accordance with a grant agreement
to which this section applies. (E.O. 11246, 30 FR 13441, 31
FR 6921; sec. 307, 72 Stat. 752, 49 U.S.C. 1348)
[Amdt. 151-5, 29 FR 15569, Nov. 20, 1964, as
amended by Amdt. 151-8, 30 FR 8040, June 23, 1965; Amdt. 151-12, 31 FR
10261, July 29, 1966; Amdt. 151-23, 33 FR 9543, June 29, 1968]