|
' and thte Secretary of Labor for es of investigation in its files; a at it will forward the following certi-
<br /> to ascertain compliance with such rules, regulations, fication to suc proposed contractors and subcontractors
<br /> and orders. (except where the proposed contractor or subcontractor
<br /> (6) In the event of the Purchaser's noncompliance has submitted identical certifications /or specific time
<br /> with the Equal Opportunity clause of this contract or periods); it will notify prospective contractors and sub-
<br /> with any of said rules, regulations, or orders, this con- contractors of requirement for certification of nonsegre-
<br /> tract may be canceled, terminated or suspended in whole gated facilities. A Certification of Nonsegregated Fa-
<br /> or in part and the Purchaser may be declared ineligible citities, as required by the May 9, 1967 Order (32 F.R.
<br /> for further Federal Government contracts in accordance 7439, May 19, 1%7) on Elimination of Segregated
<br /> with procedures authorized in Executive Order No. 11246 Facilities, by the Secretary of Labor, must be submitted
<br /> of September 24, 1965, as amended, and such other prior to the award of a contract or subcontract exceeding
<br /> sanctions as may be imposed and remedies invoked as $10,000 which is not exempt from the provisions of the
<br /> provided in Executive Order No. 11246 of September 24, Equal Opportunity clause. The certification may be
<br /> 1965, as amended, or by rule, regulation, or order of the submitted either for each contract and subcontract or for
<br /> Secretary of Labor, or as otherwise provided by taw. all contracts and subcontracts during a period (i.e.,
<br /> (7) The Purchaser will include the provisions of quarterly, semiannually, or annually).
<br /> Paragraphs (1) through (7) of this Section (21) to every
<br /> contract, subcontract or purchase order unless exempted
<br /> by rules, regulations, or orders of the Secretary of Labor Sec. 23. Default; notice; suspension, revocation; and
<br /> issued pursuant to Section 204 of Executive Order expenses — (a) Where the Authorized Officer determines
<br /> No. 11246 of September 24, 1965, as amended, so that that the Purchaser has failed to comply with the terms
<br /> end conditions of this contract, or the provisions of
<br /> such provisions will binding upon each contractor, applicable regulations, the Authorized Officer shall
<br /> subcontractor, or subcontract, or purchase order as the
<br /> Secretary may direct as a means of enforcing such serve notice of noncompliance upon the Purchaser. This
<br /> provisions including sanctions for noncompliance; notice shall specify the nature of the noncompliance,
<br /> provided, however, that in the event the Purchaser be- the action or actions which must be taken to correct it,
<br /> comes involved in, or is threatened with, litigation with and the time limits within which such action must be
<br /> a contractor, subcontractor, or vendor as a result of taken.
<br /> (b) Where the Purchaser fails to correct the noncom-
<br /> such direction by the Secretary, the Purchaser may re-
<br /> quest the Government to enter into such litigation to pliance in accordance with the notice, the Authorized
<br /> protect the interests of the Government. Officer may take whatever action is necessary to protect
<br /> the Governments interest, including cancellation of the
<br /> Sec. 22. Certification of nonsegregated facilities — By contract.
<br /> entering into this contract, the Purchaser certifies that (c) Purchaser shall be liable for any damage to the
<br /> it does not and will not maintain or provide for its em- Government resulting from breach of this contract and
<br /> ployees any segregated facilities at any of its establish- any expense incurred by the Government by reason of
<br /> ments, and that it does not and will not permit its em- continued default.
<br /> ployees to perform their services at any location, under
<br /> its control, where segregated facilities are maintained. Sec. 24. Unlawful interest — No Member of, or Delegate
<br /> The Purchaser agrees that a breach of this certification to, Congress, or Resident Commissioner, after his elec-
<br /> is a violation of the Equal Opportunity clause of this tion or appointment,either before or after he has qualified,
<br /> contract. As used in this certification, the term "seg- and during his continuance in office, and no officer,
<br /> regated facilities" means, but is not limited to, any agent, or employee of the Department of the Interior
<br /> waiting rooms, work areas, rest rooms and wash rooms, shall be admitted to any share or part in this contract
<br /> or restaurants or other eating areas, time clocks, or or derive any benefit that may arise therefrom, but this
<br /> locker rooms, and other storage or dressing rooms, provision shall not be construed to apply to this contract
<br /> parking lots, drinking fountains, recreation or enter- if made with a corporation for its general benefit. The
<br /> tainment areas, transportation, and housing facilities provisions of Sec.3741 of the Revised Statutes(41 U.S.C.
<br /> provided for employees which are segregated by explicit Sec. 22) and the provisions of 18 U.S.C. Secs. 431-433,
<br /> directive, or are in fact segregated on the basis of race, relating to contracts, enter into and form a part of this
<br /> color, religion, or national origin because of habit, local contract, so far as the same may be applicable.
<br /> custom, or otherwise. Purchaser further agrees that
<br /> (except where it has obtained identical certifications Sec. 25. Appeal — An appeal as provided by the regu-
<br /> from proposed contractors and subcontractors for spe- lations of the Department of the interior may be taken
<br /> cific time periods) it will obtain identical certifications from any decision of the Authorized Officer to the Board
<br /> from proposed contractors and subcontractors prior to of Land Appeals in the Office of Hearing and Appeals,
<br /> the award of contracts or subcontracts exceeding$10,000 Office of the Secretary pursuant to the Department's
<br /> which are not exempt from the provisions of the Equal Hearings and Appeals procedures (43 CFR Part 4; Sub-
<br /> Opportunity clause; that it will retain such certifications part E).
<br /> ( GPO 654-966
<br />
|