AAWSAP Solicitation and Original Order, September 2008

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(7) The Contractor shall furnish to the contracting agency all i nformation required by Executive
Order 11246, as
amended, and by the rules , regulations , and orders of the Secretary of Labor . The
Contractor shall also file Sta ndard Form 100 (EEO- 1) , or any successor form, as prescribed in 41
CFR part 60- 1 . Unless the Contractor has f i l ed within the 12 months precedi ng the date of contract
award, the Contractor shall , within 30 days after contract award, apply to either the regional
Office of Federal
Contract Compliance Programs (OFCCP) or the local office of the Equal Empl oyment
Opportunity Commission for the
necessary forms .
(8 ) The Contractor shall per mit access to i ts pr emises, duri ng normal business hours, by the
contracting agency or the
OFCCP for the purpose of conducting on- site compliance evaluations and
complaint investigations . The Contractor shall permit the Government to inspect and copy any books,
accounts, records (incl uding computerized records) , and other material that may be relevant to the
matter under
investigation and pertinent to compliance with Executive Order 11246, as amended, and
r ules and regulations that
i mplement the Executive Order .
(9 ) If the OFCCP determines that the Contractor is not in compliance with this clause or any
rule, regulation, or order of the Secretary of Labor , this contract may be cancel ed, terminated, or
suspended i n whole or in part and the Contractor may be declared i neligible for further
Government
contracts, under t he procedures authorized in Executive Order 11246, as amended . In addition,
sanctions may be imposed and remedi es i nvoked against the Contractor as provided in Executive Order
11246, as amended; in the rules, regulations, and orders of t he Secretary of Labor; or as otherwise
provided by law.
(10) The Contractor shall include the terms and conditions of this clause in every subcontract or
purchase order t hat is not exempted by the r ules, regul ati ons , or orders of the Secretary of
Labor
issued under Executive Order 11246, as amended, so that t hese terms and conditions will be binding
upon each subcontractor or vendor .
(11) The Contractor shall take such action with respect to any subcontract or purchase order as
the Contracting Officer may direct as a means of enforcing t hese terms and condit i ons , includi ng
sanctions for noncompliance,
provided, t hat if t he Contractor becomes involved in, or is threatened
with, litigation with a s ubcontractor or vendor as a result of any direction, the Contractor may
request the United States to enter into the litigation to protect the i nterests of the United States .
(d) Notwithstanding any other clause i n t his contract , disputes relative to this clause will be
governed by the procedures in 41
CFR 60-1 . 1 .
I . 47
52 . 222- 28
{52 . 222- 28 } [RESERVED]
I . 48
52 . 222-3
CONVICT LABOR (JUN 2003)
(a) Except as provided i n paragraph (b) of this clause, t he
Contractor shall not employ in the
performance of this contract any
person undergoing a sentence of i mpri sonment imposed by any court
of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa,
Guam, or t he U. S. Virgin Islands .
(b) The Contractor is not prohibited from employing persons-­
(1 ) On parol e or probation to work at paid employment duri ng
t he term of their sentence;
(2 ) Who have been pardoned or who have served their terms; or
(3 ) Confined for violation of t he laws of any of the Stat es ,
t he District of Columbia, Puerto
Ri co, the Northern Mariana Isl ands , American Samoa, Guam, or the U. S. Virgin Islands who are
authorized to work at paid employment in the community under the laws of such jurisdiction, if-­
(i) The worker is paid or is i n an approved work t raining program on a voluntary basis;
(ii) Representatives of local union central bodies or similar labor union organizations have
been consulted;
(iii ) Such paid employment will not result in the
displacement of employed workers, or be
applied in ski lls , crafts , or trades i n which there is a surpl us
of available gai nful labor i n the
locality, or impair existing contracts for services;
(i v) The rates of pay and other conditions of employment will not be l ess than those paid or
provided for work of a similar nature in the l ocality in which t he work
is being performed; and
(v) The Attorney General of t he United States has certifi ed that the work-release laws or
regulations of the
jurisdiction involved are i n conformity with t he
requirements of Executive Order
11755, as amended by Executive Orders 12608 and 12943 .
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