41 CFR Sec. 60-250.5
 TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
SUBTITLE B--Other Provisions Relating to Public Contracts
CHAPTER 60--OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, EQUAL EMPLOYMENT OPPORTUNITY, DEPARTMENT OF LABOR
PART 60-250--AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS REGARDING SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, RECENTLY SEPARATED VETERANS, AND OTHER PROTECTED VETERANS
Subpart A--Preliminary Matters, Equal Opportunity Clause

 Sec. 60-250.5  Equal opportunity clause.
     (a) Government contracts. Each contracting agency and each 
contractor shall include the following equal opportunity clause in each 
of its covered Government contracts or subcontracts (and modifications, 
renewals, or extensions thereof if not included in the original 
contract):

    Equal Opportunity for Special Disabled Veterans, Veterans of the 
Vietnam Era, Recently Separated Veterans, and Other Protected 
Veterans.
    1. The contractor will not discriminate against any employee or 
applicant for employment because he or she is a special disabled 
veteran, veteran of the Vietnam era, recently separated veteran, or 
other protected veteran in regard to any position for which the 
employee or applicant for employment is qualified. The contractor 
agrees to take affirmative action to employ, advance in employment 
and otherwise treat qualified individuals without discrimination 
based on their status as a special disabled veteran, veteran of the 
Vietnam era, recently separated veteran, or other protected veteran 
in all employment practices, including the following:
    i. Recruitment, advertising, and job application procedures;
    ii. Hiring, upgrading, promotion, award of tenure, demotion, 
transfer, layoff, termination, right of return from layoff and 
rehiring;
    iii. Rates of pay or any other form of compensation and changes 
in compensation;
    iv. Job assignments, job classifications, organizational 
structures, position descriptions, lines of progression, and 
seniority lists;
    v. Leaves of absence, sick leave, or any other leave;
    vi. Fringe benefits available by virtue of employment, whether 
or not administered by the contractor;
    vii. Selection and financial support for training, including 
apprenticeship, and on-the-job training under 38 U.S.C 3687, 
professional meetings, conferences, and other related activities, 
and selection for leaves of absence to pursue training;
    viii. Activities sponsored by the contractor including social or 
recreational programs; and
    ix. Any other term, condition, or privilege of employment.
    2. The contractor agrees to immediately list all employment 
openings which exist at the time of the execution of this contract and 
those which occur during the performance of this contract, including 
those not generated by this contract and including those occurring at 
an establishment of the contractor other than the one wherein the 
contract is being performed, but excluding those of independently 
operated corporate affiliates, at an appropriate local employment 
service office of the state employment security agency wherein the 
opening occurs. Further, listing employment openings with the state 
workforce agency job bank where the opening occurs or with the local 
employment service delivery system where the opening occurs will 
satisfy the requirement to list jobs with the appropriate employment 
service office.
    3. Listing of employment openings with the local employment 
service office pursuant to this clause shall be made at least 
concurrently with the use of any other recruitment source or effort 
and shall involve the normal obligations which attach to the placing 
of a bona fide job order, including the acceptance of referrals of 
veterans and nonveterans. The listing of employment openings does 
not require the hiring of any particular job applicants or from any 
particular group of job applicants, and nothing herein is intended 
to relieve the contractor from any requirements in Executive orders 
or regulations regarding nondiscrimination in employment.
    4. Whenever the contractor becomes contractually bound to the 
listing provisions in paragraphs 2 and 3 of this clause, it shall 
advise the state employment security agency in each state where it 
has establishments of the name and location of each hiring location 
in the state: Provided, That this requirement shall not apply to 
state and local governmental contractors. As long as the contractor 
is contractually bound to these provisions and has so advised the 
state agency, there is no need to advise the state agency of 
subsequent contracts. The contractor may advise the state agency 
when it is no longer bound by this contract clause.
    5. The provisions of paragraphs 2 and 3 of this clause do not 
apply to the listing of employment openings which occur and are 
filled outside of the 50 states, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
    6. As used in this clause: i. All employment openings includes 
all positions except executive and top management, those positions 
that will be filled from within the contractor's organization, and 
positions lasting three days or less. This term includes full-time 
employment, temporary employment of more than three days' duration, 
and part-time employment.
    ii. Executive and top management means any employee: (a) Whose 
primary duty consists of the management of the enterprise in which 
he or she is employed or of a customarily recognized department or 
subdivision thereof; and (b) who customarily and regularly directs 
the work of two or more other employees therein; and (c) who has the 
authority to hire or fire other employees or whose suggestions and 
recommendations as to the hiring or firing and as to the advancement 
and promotion or any other change of status of other employees will 
be given particular weight; and (d) who customarily and regularly 
exercises discretionary powers; and (e) who does not devote more 
than 20 percent, or, in the case of an employee of a retail or 
service establishment who does not devote as much as 40 percent, of 
his or her hours of work in the work week to activities which are 
not directly and closely related to the performance of the work 
described in (a) through (d) of this paragraph 6. ii.; Provided, 
that (e) of this paragraph 6.ii. shall not apply in the case of an 
employee who is in sole charge of an independent establishment or a 
physically separated branch establishment, or who owns at least a 
20-percent interest in the enterprise in which he or she is 
employed.
    iii. Positions that will be filled from within the contractor's 
organization means employment openings for which no consideration 
will be given to persons outside the contractor's organization 
(including any affiliates, subsidiaries, and parent companies) and 
includes any openings which the contractor proposes to fill from 
regularly established "recall" lists. The exception does not apply 
to a particular opening once an employer decides to consider 
applicants outside of his or her own organization.
    7. The contractor agrees to comply with the rules, regulations, 
and relevant orders of the Secretary of Labor issued pursuant to the 
Act.
    8. In the event of the contractor's noncompliance with the 
requirements of this
clause, actions for noncompliance may be taken in accordance with 
the rules, regulations, and relevant orders of the Secretary of 
Labor issued pursuant to the Act.
    9. The contractor agrees to post in conspicuous places, 
available to employees and applicants for employment, notices in a 
form to be prescribed by the Deputy Assistant Secretary for Federal 
Contract Compliance, provided by or through the contracting officer. 
Such notices shall state the rights of applicants and employees as 
well as the contractor's obligation under the law to take 
affirmative action to employ and advance in employment qualified 
employees and applicants who are special disabled veterans, veterans 
of the Vietnam era, recently separated veterans, or other protected 
veterans. The contractor must ensure that applicants or employees 
who are special disabled veterans are informed of the contents of 
the notice (e.g., the contractor may have the notice read to a 
visually disabled individual, or may lower the posted notice so that 
it might be read by a person in a wheelchair).
    10. The contractor will notify each labor organization or 
representative of workers with which it has a collective bargaining 
agreement or other contract understanding, that the contractor is 
bound by the terms of the Vietnam Era Veterans' Readjustment 
Assistance Act of 1974, as amended, and is committed to take 
affirmative action to employ and advance in employment qualified 
special disabled veterans, veterans of the Vietnam era, recently 
separated veterans, and other protected veterans.
    11. The contractor will include the provisions of this clause in 
every subcontract or purchase order of $25,000 or more, unless 
exempted by the rules, regulations, or orders of the Secretary 
issued pursuant to the Vietnam Era Veterans' Readjustment Assistance 
Act of 1974, 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 
Deputy Assistant Secretary for Federal Contract Compliance may 
direct to enforce such provisions, including action for 
noncompliance.

[End of Clause]

    (b) Subcontracts. Each contractor shall include the equal 
opportunity clause in each of its subcontracts subject to this part.
    (c) Adaption of language. Such necessary changes in language may be 
made to the equal opportunity clause as shall be appropriate to 
identify properly the parties and their undertakings.
    (d) Inclusion of the equal opportunity clause in the contract. It 
is not necessary that the equal opportunity clause be quoted verbatim 
in the contract. The clause may be made a part of the contract by 
citation to 41 CFR 60-250.5(a).
    (e) Incorporation by operation of the Act. By operation of the Act, 
the equal opportunity clause shall be considered to be a part of every 
contract and subcontract required by the Act and the regulations in 
this part to include such a clause, whether or not it is physically 
incorporated in such contract and whether or not there is a written 
contract between the agency and the contractor.
    (f) Duties of contracting agencies. Each contracting agency shall 
cooperate with the Deputy Assistant Secretary and the Secretary in the 
performance of their responsibilities under the Act. Such cooperation 
shall include insuring that the equal opportunity clause is included in 
all covered Government contracts and that contractors are fully 
informed of their obligations under the Act and this part, providing 
the Deputy Assistant Secretary with any information which comes to the 
agency's attention that a contractor is not in compliance with the Act 
or this part, responding to requests for information from the Deputy 
Assistant Secretary, and taking such actions for noncompliance as are 
set forth in Sec. 60-250.66 as may be ordered by the Secretary or the 
Deputy Assistant Secretary.
 [70 FR 72151, Dec. 1, 2005, as amended at 73 FR 18715, Apr. 7, 2008]





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